The Maitland Property — Developer May Harm Endangered Salmon – February 9, 2004

Chum Salmon are protected under the federal Endangered Species Act. These endangered salmon have been drawn to the warm waters of Josef Creek in Vancouver for thousands of years. The Columbia River once turned silver with the arrival of salmon every year, but now only about a thousand Chum find their way to Josef Creek, which is just east of I-205. The creek, one of the last remaining salmon runs in Southwest Washington, feeds into the Columbia River.

For more than a hundred years, the Wood family has maintained property to protect the shores of Josef Creek in order to save the Chum. The spawning ground of these endangered salmon could have been permanently ruined due to recent development plans, however, the Wood family has undertaken negotiations with a current landowner and developer, Bill Maitland, to extend a natural conservation area to protect these salmon and their natural habitat.

Three years ago, Bill Maitland purchased 4 and 1/2 acres of Columbia riverfront property along Josef Creek, near the natural warm springs that feed the creek. The Maitland acreage is zoned for residential development, and Maitland recently annoucned his plans to build three additonal waterfront homes there. Such development could easily harm the salmon spawning grounds and cause water contamination.

Last fall, Maitland filed a permit application to the City’s Development Review Services to remove 88 trees from the shores of Josef Creek (the original request was for the removal of more than 110 trees, but was later modified). The reason given for the proposed tree removal was supposedly to allow room for Maitland to plant a new lawn for a badminton court and a croquet lawn near the four-bedroom house already on the property. The removal of these trees would have adversely impacted the eco-system along Josef Creek, and in turn, would cause irreperable harm to the Chum Salmon run.

Maitland’s permit prompted an eruption of opposition (at least 700 pages of commentary) from concernred neighbors, environmental advocates, and biologists. The Rosemere Neighborhood Association was one group that filed its objection to the proposed Maitland permit (see commentary sent to Chad Eiken of the City’s Development Review Services below). The city promptly denied the permit (citing environmental ordinances that protect trees and wetlands), stating that Maitland could develop his private lawn without removing a single tree. Maitland appealed the City’s decision to deny the permit.

Then, in February 2004, Maitland announced his plans to build three more homes on his acreage since the city would not allow him to fell the trees. One would think that Maitland’s original proposal to remove the 88 trees was prepatory to his plans to build the additional homes on the property, but he was not prepared for the blast of opposition from those who sought to protect the environmental sanctity of Josef Creek.

The Wood family is now actively working to purchase the Maitland property, but if they cannot raise enough money in time, Maitland may proceed with his plans to develop his acreage. Newly built waterfront homes would bring top dollar for Maitland. Surrounding parcels already boast expensive waterfront homes. Even if he proceeds with plans to build, Maitland may find difficulties in setback restrictions that are afforded to environmentally sensitive areas. The City may still be able to restrict the density of the building permits on the Maitland property, but that may not be enough to prevent harm to the fragile salmon run.

It is heartening to know that the Wood family is committed to the preservation of the landing and Josef Creek, one of the last undeveloped natural areas in Vancouver. The heirs of the Wood family are working to ensure the legacy of their ancestors to preserve the watershed rather than selling out to developers. At least with the Wood family, the few Chum that are left may have a chance to survive. However, the Chum also face trouble from industrial contamination and pollution that has made the Columbia River a toxic spawning ground.

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The Rosemere Neighborhood Association’s Commentary on the Maitland Tree Removal Permit. There were about 700 pages of commentary submitted by concerned neighbors, conservationists and biologists. Based on the many objections, the Maitland permit was denied by the City of Vancouver.

Date: August 15, 2003

To: Mr. Chad Eiken, Planning Review Supervisor, City of Vancouver, WA

From: Rosemere Neighborhood Association

Cc: Washington Department of Fish and Wildlife
Environmental Protection Agency, Region 10
Washington Department of Ecology
US Fish and Wildlife Service

___________________________

This communication is sent to the City of Vancouver in regard to the pending Maitland Tree Removal Permit on Josef Creek. Please add this communication to the Maitland permit file so that it may be reviewed accordingly.

On behalf of the Board of the Rosemere Neighborhood Association, this note is submitted to request the denial of Mr. Maitland’s plan to remove many trees from the shores of Josef Creek. Removal of any trees along the creek’s path should be prevented.

We firmly believe that city reviewers are in error, and that the proposed felling of these many trees will indeed significantly harm the environment, especially the fragile eco-system of Josef Creek itself.

Burnt Bridge Creek, located within another Vancouver Watershed, is currently polluted with extremely high levels of fecal coliform, which makes the creek unfit for human contact due to the potential of contamination from E-coli, typhus, and hepatitis A, among other health hazards. The largest cause of this fecal contamination is from human waste that comes from failed septic systems in the creek basin. At present, there are nearly seven thousand septic systems within the Vancouver Urban Boundary, including the Burnt Bridge Creek Watershed as well as the Columbia South Slope Watershed that contains Josef Creek. There are thousands more septic systems in the unincorporated areas. Josef Creek suffers from the same dangers of fecal contamination that has ruined Burnt Bridge Creek.

A detailed report has recently been uncovered by the Rosemere Neighborhood Association that was prepared for the City of Vancouver and the Clark County Health Department by the University of Washington. This report, written in 1999, is entitled “Burnt Bridge Creek Microbial Source Tracking; Identification of Sources of Microbial Pollution in Burnt Bridge Creek Watershed.” Laboratory tests within the report identify human waste from failed septic systems as the leading cause of fecal contamination in the creek. Burnt Bridge Creek is the water source for Vancouver Lake, which makes the lake unfit for human contact as well, and Vancouver Lake feeds into the Columbia River. Contamination levels of Burnt Bridge Creek exceeds 25 times the warning levels for federal and state standards, and Burnt Bridge Creek is currently on the EPA 303d list of Impaired or Threatened Water Bodies.

The contamination of Burnt Bridge Creek and the Septic Failure issues are currently being investigated by the Environmental Protection Agency and the Washington Department of Ecology. This investigation stems from a federal Title VI administrative complaint filed by the Rosemere Neighborhood Association against the City of Vancouver.

One of the recommendations outlined in the University of Washington Report is to help gain control of the microbiological pollution in the Burnt Bridge Creek Watershed by continuing to plant trees along the creekbed. The planting of trees will help to reduce the elevated water temperatures in the Burnt Bridge Creek, which in turn will reduce fecal coliform regrowth. A lack of trees along the creekbed causes elevated water temperatures, which in turn increases the concentration of the contaminants due to rapid regrowth of bacteria.

It makes absolutely no sense to denude Josef Creek when there is an obvious need to increase the density of trees along all of our creekbeds to prevent further contamination of our urban waterways, and to defend the groundwater (a source of drinking water) from bio-hazards.

The Vancouver Municipal Code Tree Conservation Ordinance, Chapter 20.96.010 reads:

A. Rationale. Whereas the City finds trees and vegetation are important elements of the physical environment which protect public health, safety and general welfare as follows through:

“2. Minimizing the adverse impacts of land disturbing activities and impervious surfaces on runoff, soil erosion, land instability, sedimentation and pollution of waterways, thus, minimizing the public and private costs for stormwater control/treatment and utility maintenance;”

Granting Mr. Maitland a permit to cut down the trees on Josef Creek will directly contribute to the pollution of Josef Creek waterway by causing soil erosion, increased polluted runoff in the creek flow, and increased levels of fecal coliform from septic waste caused by elevated water temperatures. This would be in direct violation of the municipal tree conservation ordinance designed to preserve the tree canopy within the urban boundary. Granting the Matiland permit would adversely impact Josef Creek by contributing to the decline of waterquality. In turn, this would further endanger a crucial run of Chum Salmon found in this creek.

There are only two strong Chum runs below the Bonneville Dam, and Josef Creek is one of those runs. Chum are on the “watch” list for endangered species, and Josef Creek is the only run for Chum that flows into the Columbia River. Josef Creek is contaminated in the same manner that Burnt Bridge Creek is contaminated, and this threatens the survival of one of the only remaining Chum runs in the entire area. The eco-system of the creek must be protected in order to save the salmon, therefore, the trees along the creek must remain in tact.

Mr. Maitland desires to rip out trees along Josef Creek in order to plant a lawn. Surely, Mr. Maitland’s lawn is not worth risking the loss of the only Salmon run along the Columbia. Common sense demands that the environmental concerns outlined in this letter are far more important than Mr. Maitland’s desire for grass in his backyard.

We, of the Rosemere Neighborhood Association, maintain that the City of Vancouver must serve the greater good in this case, and refuse Mr. Maitland’s permit to remove any trees from Josef Creek in order to protect the creek from further contamination.

Comment is closed.

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