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5A THE DAILY ASTORIAN MONDAY, MARCH 7, 2016 LNG: Appeal of terminal decision would be dif¿cult Continued from Page 1A River-based environmental group opposing the LNG proj- ect. “It wasn’t just a techni- cal or procedural problem. He found that impacts to salmon were too great, agreed with the state that Oregon LNG could block commercial crab- bing and other ¿shing boats as well as recreational boats on a pretty regular basis, and all of that violates the public trust rights of the people of Warren- ton and throughout our state.” In addition to a loading ter- minal for tankers and a pipeline that would link to an existing natural gas pipeline in Wash- ington state, the project design includes a facility to liquefy the natural gas and two storage tanks. “The terminal is certainly the important part of this,” Van- denHeuvel said, adding that the project “can’t proceed without the terminal.” Appeal process With the arrival of Kearns’ decisions, a two-week appeal period began. The parties and any person who submitted written and oral testimony can ¿le an appeal with Urling. If Kearns’ decision is appealed, the Warrenton City Commission may hold a pub- lic hearing on it in the near future. Kujala said that the com- mission can expect an appeal from Oregon LNG and, per- haps, opponents dissatis¿ed with the pipeline decision. “For that reason, it’s imper- ative that the City Commission remain objective and unbiased because we will be tasked with hearing any appeal that comes on the land use matter.” If the commission’s deci- sion is then appealed, the case will come before the state Land Use Board of Appeals. More recently, a federal mag- istrate judge ruled against Ore- gon LNG in a property dispute with the U.S. Army Corps of Engineers, which holds a nearly 60-year-old easement with the city of Warrenton to deposit dredge spoils on the land where the company intends to build. The company is also await- ing the ¿nal Federal Energy Regulatory Commission’s envi- ronmental review, scheduled for release in June. The draft review states that the project would result in adverse environmental impacts, but that these would be reduced to less-than-signi¿cant levels though minimization and mitigation measures Oregon LNG has proposed. Back in September At the two-part hearing in September, Mike Connors, the Portland attorney representing the energy company, argued that the city designated the land for marine industrial development a decade ago, making way for Oregon LNG-type proposals. Oregon LNG’s support- ers cited the need for well-paid employment opportunities in the county. The company has claimed that the terminal and pipeline construction phase would create thousands of new jobs and more than 100 perma- nent jobs, while boosting Clat- sop County’s annual tax reve- nues by more than $90 million. But Lauren Goldberg, a staff attorney for Columbia River- keeper, countered that the city’s Challenges to an appeal The Daily Astorian Daniel Kearns, a Portland land use attorney, speaks during an Oregon LNG permit public hearing at the Warrenton Community Center in September. move to rezone the land doesn’t predetermine that a project of that scale is appropriate. Additional opponents argued that the scenic North Coast environment is not an acceptable home for the project, or that the Cascadia Subduction Zone — where an earthquake and tsunami may one day level and scour the seafront — is not a logical setting for a fossil fuel hub. They also worry the proj- ect will increase traf¿c conges- tion, decrease property values and endanger tourism. Roadblocks The Warrenton decision — which Dan Serres, conserva- tion director at Columbia Riv- erkeeper, called a “very good decision, super clean-cut” — represents the latest setback for the company, a subsidiary of Leucadia National Corp., a New York-based holding company. For example, Oregon LNG can’t submit a complete state land use application to the Department of State Lands until the company can prove the project’s compatibility with Clatsop County’s land use rules. Last year, the state Land Use Board of Appeals upheld the county’s 201 decision to deny a permit for 41 miles of pipeline that would connect to the export terminal along the peninsula. Though Oregon LNG has the right to appeal Kearns’ denial of the terminal, that por- tion of the project will be dif¿- cult to appeal, given its poten- tial to signi¿cantly impact the estuary, VandenHeuvel said. “This wasn’t that Oregon LNG forgot to dot the i’s and cross the t’s. This was a thor- ough analysis on the impacts on ¿shing in the estuary, on public access, and found that the proj- ect doesn’t meet Warrenton’s land use laws,” VandenHeuvel said, “and we think that there’s nothing that’s going to change that.” Terminal: It would create a 109-acre dredge footprint Continued from Page 1A These are the conclusions reached by Portland-based land use attorney Daniel Kearns, who denied the company’s applications for the bidirec- tional terminal on behalf of the city of Warrenton last week. Though he approved the company’s separate applica- tions for a 2-mile stretch of LNG pipeline, Kearns’ deci- sion details why Oregon LNG’s plans to build a terminal appear to run afoul of the city’s devel- opment code. Fishing The attorney found that Ore- gon LNG “has not adequately characteri]ed and quanti¿ed the impact of its operations on com- mercial and recreational ¿sh- ing, nor has it demonstrated that these impacts will not be unreasonable.” Oregon LNG has acknowl- edged a “500-yard exclusion zone for LNG vessels while in transit, a 200-yard exclusion zone for LNG vessels moored at dock, and a 50-yard exclu- sion zone from the dock facil- ities with no vessels present,” Kearns’ decision states. “The applicant also dis- cusses possible impacts to pop- ular %uoy 0 ¿shing and offers vaguely to minimize impacts by ‘restrict(ing) LNG marine carrier arrivals and departures to nighttime periods or when the number of ¿shermen has decreased during the Buoy 10 ¿shing season,’” he continues, quoting Oregon LNG’s hearing submissions. Pointing out that the Youngs Bay Control Zone already restricts recreational ¿shing access, the company has argued that its own exclusion zones won’t further impact recre- ational ¿shing in the area. However, the Youngs Bay Control Zone “only restricts angling for a portion of the year, while the proposed secu- rity zones are effective the entire year,” the Oregon Department of Fish and Wildlife said in a statement. “The existing restricted ¿shing areas and periods are intended to help endangered and diminished ¿sh populations recover to the point that ¿sh- ing can again expand,” Kearns wrote. He added, based on com- ments from the state Depart- ment of Fish and Wildlife, that “the agency either believes that the LNG terminal operation will work against those recovery efforts by causing unacceptable habitat impacts, or that the appli- cant has not provided enough detailed information for ODFW to determine that it won’t have that adverse effect.” In addition, “recreational vessels will be periodically pro- hibited (about 250 times each year) from movement in and out of the Skipanon River during the times that the LNG marine carri- ers travel between the berth and the federal navigation channel,” the department wrote. “These safety closures will permanently prohibit recreational ¿shing and crabbing from a 100 acre area at the marine terminal, and will prohibit transit through the turn- ing basin area over a period of about 125 hours each year.” Kearns concluded that Ore- gon LNG’s mitigating measures are “not suf¿cient to prevent unacceptable losses, irrevers- ible damage, unacceptable deg- radation or reduction in estu- ary resources from this project, all of which affects public trust rights.” Fish As designed, the termi- nal would create a 109-acre dredge footprint in the estuary and require ¿lling in roughly 5 acres of wetland. The state Department of Fish and Wildlife has writ- ten that the terminal could, among other concerns, “poten- tially impact salmonid rearing and migration habitat, lamprey migration habitat, eulachon rearing, spawning and migra- tion habitat, and green stur- geon feeding habitat” within the estuary. 0eanwhile, the 5-acre wetland habitat is “critical for rearing habitat for several (Environmental Species Act- listed) salmonids and is also used by a variety of other estu- arine-dependent species,” the department wrote. For the wetland area, the Fish and Wildlife Department recommended that the project result in zero net loss of wet- land habitat quantity or quality, that Oregon LNG avoid impact- ing the area altogether by ¿nd- ing another development action or that the company ¿nd some way to mitigate the impact. However, Oregon LNG’s wetland mitigation plan is “unproven and unveri¿ed from a biological or ecological perspective.” Oregon LNG has also claimed that “the mere pres- LISTINGS M ONDAY E VENING A (2) (3) (-) (-) (6) (-) (8) (10) (12) (13) (-) (20) (-) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) L KATU KRCW KOMO KING KOIN KIRO KGW KOPB KPTV KPDX KCPQ TBS KZJO ESPN ESPN2 NICK DISN FAM FMC LIFE ROOT FS1 SPIKE COM HIST A&E TLC DISC NGEO TNT AMC USA FOOD HGTV FX CNN FNC CNBC BRAV TCM SYFY RFD (2) (3) (4) (5) (-) (7) (-) (10) (12) (-) (13) (20) (22) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) ence of ESA-listed ¿sh in the vicinity of the proposed proj- ect does not necessarily imply negative impact” — a state- ment that Kearns wrote “de¿es logic.” He said that a permanent wetland impact of 5 acres is a “signi¿cant loss of habi- tat in the context of the Lower Columbia River Estuary, which has seen big wetland losses since pre-settlement times.” Kearns said he cannot credit the applicant’s attempts to min- imize the impacts of the dredge footprint or the impact on the wetland, “which state and fed- eral environmental agencies regarded as signi¿cant.” Although it is theoretically possible the company could meet the criteria for Warren- ton’s development code by sub- mitting more or different evi- dence, “that seems unlikely based on the fundamental nature of the project and the estuary and shorelands that will be impacted,” Kearns wrote. 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