A3 THE ASTORIAN • THURSDAY, MAY 30, 2019 Acres at Clatskanie port to remain farmland, for now existing 82-acre port site vacated by Northwest Inno- vation Works. “We are following land developments at Port West- ward closely, and thought- fully considering our requirements and options. We have no further com- ments at this time and will make an announcement at the appropriate time in the future,” said Lou Soumas, one of the project backers. Like Northwest Innova- Plans for an industrial plant By TONY SCHICK Oregon Public Broadcasting Columbia County’s plan to turn 837 acres of farm- land into an industrial site along the Columbia River is headed back to the county for revisions — again. The Port of Columbia County has been seeking to rezone land at its Port Westward site near Clats- kanie since 2013, with potential uses including a gas-to-methanol plant or a refi nery for diesel made from palm and vegetable oils. Columbia Riverkeeper has been fi ghting it at every step, appealing the deci- sion fi rst to the state Land Use Board of Appeals, declaring that a victory and nonetheless appealing yet again to the Oregon Court of Appeals seeking fur- ther rebuke of the county’s efforts. The county, in turn, argued it had addressed all questions necessary to rezoning the land. Neither side won on appeal. Instead, both now proceed knowing there is just one question left to address: Whether the port’s new industrial tenants would be compatible with nearby uses, which include a 450-acre mint farm. The appeals court decided last week the county had satisfi ed all cri- teria but this one, uphold- ing the previous decision of the Land Use Board of Ecotrust One of two methanol plants proposed for the Northwest would be built at Port Westward. Appeals. “We’re hopeful that the court decision provides the county and the port a new opportunity to set a high bar for protecting high-value farmland and for protect- ing strong salmon runs,” said Dan Serres, conserva- tion director for Columbia Riverkeeper. Port of Columbia County Executive Director Doug Hayes said he expected the county to have its lat- est proposal back in front of state offi cials in the next two months, depending on whether they would be revising their old applica- tion or starting the process over. “I’m excited that we’re down to one fi nal question remaining,” Hayes said. “Since 2013, there have been several questions we needed to answer and so to get it down to one is signifi - cant progress.” A t least two proposed projects could hinge on that farmland becoming available. Last week, port com- missioners cancel ed a lease with Northwest Innovation Works, a Chinese-backed group looking to build a gas-to-methanol plant on 82 acres of existing industrial land at the port. Instead, the port has now offered North- west Innovation Works the chance to use a patch of that farmland. Hayes said Northwest Innovation Works agreed to move to the farmland, pending the rezone. That would allow the port to try and bring in another com- pany that would be ready to provide jobs sooner. “They recognize the need for jobs,” he said. “And right now that 82 acres is the only piece of property that is properly zoned that does not have an existing tenant ready to go.” A spokeswoman for Northwest Innovation Works told the Capital Press the company was in the early stages of plan- ning at Port Westward. The company has prom- ised hundreds of local jobs and billions of dollars in investment in Northwest communities. Northwest Innovation Works previously had plans for a site in Tacoma, and recently Washington Gov. Jay Inslee voiced his oppo- sition to the company’s pro- posal for another methanol plant in Kalama. Another project, known as NEXT Renewable Fuels, has also eyed that 837 acres of farmland. NEXT would make renewable diesel, which is a replacement for traditional diesel the com- pany plans to market to West Coast buyers as a way to lower greenhouse gas emissions. Hayes said NEXT is fur- ther along than any other project the port has consid- ered, and could be a can- didate for moving into the Judge dismisses lawsuit over dairy pollution Problems in Tillamook Bay Consult a PROFESSIONAL Q: What is the difference between a co-pay and co-insurance? Steve Putman Q: Will insurance ASTORIA 503-325-3311 2935 Marine Drive Astoria, Oregon Jesse Hayes Bags of oysters are pulled from Tillamook Bay before they’re graded and packaged by a worker with the Hayes Oyster Co. have an independent basis for jurisdiction over the case due to how agency actions must be challenged under Oregon’s administrative procedures law. “The fact that other relief may not be available to plaintiff or that his property rights are impacted does not affect this restriction,” the judge said. The judge also ruled that Hayes doesn’t have the legal standing to challenge the department’s regulation and that the case was untimely fi led due to a 10-year stat- ute of limitations, since the oyster company would have been aware of the effect on oyster harvests since the early 2000s. “The court fi nds that a reasonable person in plain- tiff’s situation would per- ceive that it had been injured by the implementation of the TMDL and that the drafter and approving agency for the TMDL, defendant DEQ, was responsible for this injury,” Trevino said. The Department of Envi- ronmental Quality’s inade- quate regulation has harmed Hayes, as well as people who recreationally harvest clams and crabs from the bay, said Thomas Benke, the attorney for Hayes, in an email. “Hayes is disappointed in the court’s ruling in that it effectively insulates the department from any accountability for its fail- ure to establish a TMDL that is intended to achieve the shellfi sh harvesting water quality standard in Tilla- mook Bay,” he said. you probably under- A: Although stand that poor dental care JEFFREY M. LEINASSAR DMD, FAGD 503/325-0310 1414 MARINE DRIVE, ASTORIA www.smileastoria.com WANTED Alder and Maple Saw Logs & Standing Timber Northwest Hardwoods • Longview, WA Contact: John Anderson • 360-269-2500 LEO FINZI Clatsop Post 12 1132 Exchange Street 325-5771 easy way to check the performance of my computer? Astoria’s Best.com Fast, Hold down the “Ctrl” and Friendly “Shift” keys, then tap “Esc” and and let go of all keys. 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By MATEUSZ PERKOWSKI Capital Press A lawsuit alleging insuf- fi cient regulation of dairy pollution in Tillamook Bay cannot proceed for proce- dural and jurisdictional rea- sons, according to a state judge. However, the oyster com- pany that fi led the complaint against the state Department of Environmental Quality plans to appeal that decision. Two years ago, the Hayes Oyster Co. accused the department of enacting total maximum daily load stan- dards for fecal coliform bac- teria that were too lenient, effectively allowing dairy pollution to shut down or restrict oyster harvest on 600 acres of plats in the bay. Hayes contended that the state wrongly assumed that confi ned animal feeding operation permits for dair- ies prohibited all wastewater discharge even though such effl uent continued to enter waterways, amounting to a “pollution easement” across the Tillamook Bay. Last year, Tillamook County Circuit Court Judge Mari Garric Trevino found that the Department of Envi- ronmental Quality hadn’t properly fi nalized the load order in 2001, which at the time allowed Hayes to con- tinue pursuing litigation against the agency. In her most recent opin- ion, however, Trevino has determined that she doesn’t tion Works, the Port West- ward site is not Soumas’s fi rst attempt at a North- west energy project. He and others previously were involved in an attempt to site an oil refi nery in Longview, Washington, as well as a biofuels plant in Odessa, Washington, which was later the subject of a $400,000 federal environ- mental cleanup and allega- tions of more than $1.6 mil- lion in unpaid debt. It is important that the A: moisture content in the framing members and sheathing is tested properly to assure that it is at a point that does not support microbial growth. 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