Towne Road bid accepted

DLTA may take legal action

Towne Road survived Commissioner Ozias' 10th attempt to halt the completion of a project that would restore public safety to Dungeness.  In what has become a customary habit of filibustering, Ozias scrutinized professional advice offered by the county's chief engineer, habitat biologist, and Department of Community Development director.  

The commissioner seemed particularly concerned about how stormwater would be tested once it is treated by the mitigation system — a technology that exceeds the Department of Ecology's specifications.  "Is there a common understanding of what we will be monitoring, you know, what we're going to be testing for, or where those locations might be, what the timeliness might be? And then are there potential associated actions based on the changes that might be observed through the monitoring process, or is that part of the work that is to be developed?"

County Engineer Joe Donisi provided a comprehensive explanation of how samples would be collected and treated, assuring the commissioner that the stormwater testing process is thorough. He also disclosed that the Department of Ecology has already issued the amended permit. The project can move forward while awaiting the Army Corps of Engineers to amend their permit.

Donisi clarified that the Army Corps has already approved and permitted a vast majority of the work and that they are merely reviewing the Compost Amended Vegetative Filter Strips (CAVFS), which mitigate stormwater and will run along the base of the landward side of the levee.  In other words, all work can begin and be completed except for the installation of the CAVFS.

"At this stage," explained Donisi.  "The Corps has received approval from Ecology to move past the water quality aspect, in Ecology's viewpoint, and they're now indicating that the remainder of their decision will be tribally driven."

According to DCD Director Bruce Emery, the County does not anticipate any complications with the Army Corps permit. The pending approval only affects the .4 acres of new CAVFS planned for area wetlands. "We have the full capacity to move ahead with the project," said Emery, "which can easily run parallel with the rest of the effort."  

According to Engineer Donisi, Nordland Construction NW is ready to begin the project immediately.  Finalizing the contract may take weeks, but work could begin in about a month.  The County and Jamestown Tribe could finalize a stormwater monitoring plan in the next few weeks, which will be key to the Army Corps’ final permit review.  

Commissioner Johnson moved to approve the bid, but Commissioner Ozias declined to second the motion.  Commissioner French seconded the motion and opened the floor to discussion.

"From the very beginning, this project was always intended to feature a trail.  The road component was always considered optional," explained Ozias.  "From the very beginning, the trail was a given; the road was not."

Many attendees heard for the first time Tuesday that the Towne Road Levee was built to accommodate a trail and never a road, according to Ozias. Contrary to this week’s statement, in a May 5th, 2022, article in the Peninsula Daily News, Commissioner Ozias was quoted as saying, “Once the new levee is built, the new Towne Road will be on top of the levee, and the section of Towne Road will be removed as part of the restoration of the floodplain.” 

Ozias made vague references to "aspirational language" in the Comprehensive Plan as the basis for his argument.  He expressed concern about spending limited local road dollars. He also said that accepting a bid for a project without having permit approval for the modification is a reason to halt the entire project again.  He does not believe a road should be prioritized above a trail.  

"Why the rush?" Ozias asked about the road, which has been closed for two years.  He suggested that the county consider installing different gates, which would continue to keep Towne Road closed to all but a handful of exclusive nearby property owners.  

"This is bigger than just one project," remarked Commissioner French.  "When we allow these projects to rise to this level of controversy, I think we put all the future projects at risk, and that's something that I don't want to see."

Commissioner Johnson praised the success of the Dungeness Floodplain Restoration but said communication needs to improve.  "We, this county, has to perform much better about allowing people to know what's going on with any project, what the timeline is, what our successful date is, and also the dollar part of it. And that part we've kind of been missing very much, for many projects."  

The motion to award the bid to Nordland Construction NW passed 2-1.  Ozias was the sole commissioner to oppose.

According to an article by Pepper Fisher on KONP News Radio, Dungeness Levee Trail Advocates (DLTA) has hired a law firm that is currently requesting the County produce an updated Environmental Impact Statement and stop the plan to pave the road.  Director Emery explained that the State Environmental Protection Act (SEPA) does not need to be amended.  It would, however, have to undergo a review process if Towne Road is not constructed atop the Towne Road Levee.

Commissioner Mark Ozias and Chief Engineer Joe Donisi will be on KONP radio on Thursday, May 16th, at 1:00 pm.  Tune to 1450 AM, 101.7 FM Port Angeles, or 101.3 FM Sequim, or listen here.