The Newsletter of the Alpine Lakes Protection Society (ALPS) 2009 Issue No. 1
By Thom Peters In a previous edition of this newsletter (2008 issue #1), we reported on planning initiated by the state for an off-road vehicle “park” in the Reiter Foothills north of Index and Gold Bar. Even without State Park designation, these lands have been overrun for years, with hundreds of miles of routes carved into state forest land. Another unfortunate fact is that Reiter is located just above spawning grounds of the Skykomish River. Nonetheless, a process was put in motion that included an advisory committee comprised almost entirely of motorized recreation advocates. The last Reiter Foothills Recreation Planning committee meeting took place on May 20, 2009. The Washington State Department of Natural Resources (DNR) proposed two draft planning maps for the area for discussion purposes. The maps show a number of ideas that have been suggested by committee members at planning meetings. The suggestions have not been approved by the agency or agreed to by the planning committee. Those of us who represent the environmental community favor concept map “D”. It proposes approximately 1,090 acres for Continued on page 2 Also in this issue: Legislation Revived for Westside Reiter Forest Wilderness Addition...... 3 National Environmental Policy Act Review of Off-Road Vehicle Management...... 4 Update ALPS Seeks Money for Highway 2 Parcels...... 5 Forests at Risk of Conversion to Karl Forsgaard Non-Forest Use...... 7 On your State lands (a future State Park?), these trees Trustees Election Ballot...... 9 are being killed by ORVs. Tye Valley Tunnel...... 10 ALPINE 1 • Design all trails to have bridges Reiter Forest, continued from page 1 or culverts at stream crossings. • Consider a vehicle width limitation for motorized vehicles on trails. • Utilize seasonal trail closures to minimize potential environmental impact. • Consider the provision of motorized use areas for children and novice riders adjacent to motorized facilities to facilitate safe supervision.
DNR has already taken some actions to try to manage the
Karl Forsgaard situation, including:
A very bad apple. • Camping is allowed only in two temporarily designated areas in the gravel pit and the upper staging area. non-motorized areas, and by motorcycles. • Sani-cans have been installed approximately 1,040 acres for • Provide positive sign in the designated temporary motorized areas and appears messaging that communicates camping areas. more balanced in its approach. information related to trail The entire Reiter Foothills area closures including why specific • Off-road use is limited to is approximately 10,000 acres. enforcement or management daylight hours only. Concept map “E” proposes 830 activities are taking place. • Officers and DNR staff will acres for non-motorized areas be issuing citations instead of and 1,040 acres for motorized • Pursue additional opportunities warnings for illegal activities. areas. One of the main distinctions to partner with enforcement between the two map proposals is personnel from adjacent • DNR staff posted more signs to that map “D” provides separate municipalities, U.S. Forest clearly indicate areas that are trailheads for non-motorized and Service, Washington not trails and where off-road motorized trails, whereas map “E” Department of Fish and use cannot occur. Wildlife, Snohomish County, combines the two. • Last but not least, the gate to and Snohomish County Sheriff’s DNR’s May Creek Mainline It needs to be emphasized that Office. the motorized community is not Road has been permanently happy about either proposal. They • Assess feasibility of a closed to street vehicles. obviously prefer the status quo of campground designed for the “Wild West” atmosphere that motorized use in a location The public will have an has been going on for decades in adjoining the motorized trail opportunity to become involved the area. system. and provide comments this July • Develop a protection strategy when DNR intends to publish There are a number of things for aquifer recharge protection their proposed alternatives that could be done to improve areas (Index aquifer recharge in complying with the State conditions in and around the area). Environmental Policy Act (SEPA). Reiter Foothills. The proposed • Encourage separation of SEPA is the state policy that strategies include: recreation uses through requires state and local agencies to • Initiate an education and campground and facility consider the likely environmental enforcement strategy prior to design (i.e. facilities designed consequences of a proposal development using methods specifically for equestrian, before approving or denying the such as gate management, a motorized and non-motorized proposal. To follow or participate strategy for keeping users on users, and day-use versus in this process, go to www.dnr. trails, and enforcement patrols overnight use). wa.gov/recreation.
2 ALPINE Legislation Revived for Westside Wilderness Additions
By Don Parks To recap, the new bill would of the Middle Fork Snoqualmie On March 26 of this year, add about 22,000 acres to the as a component of the Wild Senator Patty Murray and Alpine Lakes Wilderness in the and Scenic River System. Wild Representative Dave Reichert three river drainages. ALPS and Scenic River status will jointly introduced legislation supported the addition of these prevent dam construction and (S.721 and H.R.1769) to provide lands to the Wilderness during the formally recognize the important additional statutory protection for Congressional campaign of 1975- recreational and natural values the west side of the Alpine Lakes 76, but they were left out of the of the Middle Fork Valley. The Area. 1976 Wilderness bill for a number portion of the Middle Fork to of reasons. One of these was the be protected will extend from Representative Reichert had added acquisition cost of private National Forest land at the introduced a bill last November to land, then mostly in Weyerhaeuser Cascade Crest to DNR holdings add parts of the Middle and South hands. Since the 1980s, all of below Mailbox Peak. Forks of the Snoqualmie River, and the intermingled private lands all of the Pratt River, to the Alpine At the time of this writing, within the national forest have the bills had been referred to Lakes Wilderness. His bill also been acquired, and the area being sought to protect the Pratt within committees in the House and considered for Wilderness is now Senate but no hearings had the Wild and Scenic River System. in solid Federal ownership. The That bill, although sponsored been scheduled. Stay tuned for Pratt and the Middle Fork contain developments! You can follow by many in the Washington large areas of low-elevation forests delegation, did not receive a progress by dialing in website (50% of it is below 3,000 feet, and http://www.thomas.gov/. Search hearing or other consideration, and 20% below 2000 feet) that are so it died in the last Congress. under bill number (S.721 or H.R. unusual in Washington Wilderness 1769) or word/phase ‘Alpine The outlook for the new bill areas. ALPS has played a lead Lakes.’ Double click on either bill is far more promising, due to a role in the development of the number to bring up the text of the number of recent developments. boundaries for this outstanding legislation, Congressional Actions The new legislation is identical to Wilderness addition. log, the Congressional Research the 2007 legislation except that the The proposal for Wild River Summary, Congressional Budget Middle Fork Snoqualmie River status for the Pratt is unchanged Office reports, Committee Reports, has also been added as a Wild and from the 2007 legislation. An etc. Scenic River. exciting change is the addition
Colchuck Lake from Aasgard Pass. Rick Jerabek
ALPINE 3 National Environmental Policy Act Review of Off-Road Vehicle Management
By Charlie Raymond that the Forest Service would need demotorization is very limited, In March, the Okanogan- to monitor. Furthermore, the with about 15 miles of currently- Wenatchee National Forest mixed-use of roads poses serious motorized trails being closed and initiated environmental analysis safety issues. Environmental a net of 15 miles to be converted to required by the National groups including the Alpine non-motorized status. Most of that Environmental Policy Act (NEPA) Protection Society (ALPS) is in a single district, the Entiat. for implementing the National expressed grave concerns about Around the Alpine Lakes Area, Forest Service Travel Management such large increases in ORV the proposed additional ORV Rule. This Rule was issued in 2005 presence. Even with the present opportunities are relatively small, in recognition that unmanaged extent of ORV access to trails and the most notable being about 2 off-road vehicle (ORV) recreation roads, Forest Service resources miles of road opened to non-street is one of the largest threats to are inadequate to monitor and legal motorcycles in Jungle Creek, the National Forest System. The prevent serious impacts such as a tributary of the North Fork of Rule mandates that unrestricted, ground disturbance, sediment the Teanaway River. The next cross-country, motorized travel be delivery to streams, wildlife step for the Forest Service is to prohibited nationally on National habitat fragmentation, loss of quiet refine their preferred proposal and Forest lands and requires that soundscape, and displacement of develop alternatives in a DEIS to each National Forest publish a quiet recreation. Indeed, present be released sometime during the map defining the roads, trails ORV traffic levels are degrading winter of 2009/2010. and limited areas legally open many trails presently designated ALPS is working to improve for motorized vehicles of various for motorized activity. ALPS and the Forest Service proposal within types based on local circumstances other groups argued that a long- the Alpine Lakes Area. First, we and analysis. The original term, sustainable solution to the recommend closure of several schedule would have completed expanding resource damage and trails to motorized use, either the local analysis and published recreational conflicts motivating because they can’t sustain even the use-map by the end of 2009, the Travel Management Rule minimal ORV traffic in their but that has now been extended to requires thorough consideration present state without experiencing the fall of 2010 in the Okanogan- of the suitability of presently severe damage, or because Wenatchee National Forest. motorized trails for their traffic has already caused severe motorized use. As pre-NEPA steps, the damage rendering them unusable. Okanogan-Wenatchee NF set up In 2008, an interdisciplinary These include the Elsnor Mine a web site and held a series of (ID) team composed of Forest Trail in Boulder Creek, Three meetings during the summers of Service specialists in resource Brothers Trail in Negro Creek, 2006 and 2007 to inform the public protection and engineering was and the Domerie Peak Trail west about the Rule and accumulate tasked to arrive at a “starting of Cle Elum Lake. Second, we public input about routes that the point” for a proposal to open recommend decommissioning ORV riders wanted to be included NEPA review. The resulting the remote parts of gated roads on the motor vehicle use map. designations for motorized uses ending on Forest Service land near A strong response from ORV were presented by the ID team the Wilderness boundary. These interests requesting specific routes in a Scoping Document on the include the Coulter/Gill Creek resulted in the FS recognizing the web at (http://www.fs.fed.us/r6/ Road, which ends very close to possibility of an additional 1000 okawen/travel-management/), Lake Ethel in the Wilderness, and miles of “mixed-use” on existing and in a series of open houses the Shaser/Negro Creek Road, Forest Service roads on which non- in April. In comparison to the which accesses upper Negro Creek street legal ORVs could be ridden. earlier compilation of potential close to the southeast boundary The addition of about 100 miles ORV designations, this “starting of the wilderness. These roads of new off-road routes was also point” proposed a smaller but still are open only to foot traffic and proposed. substantial addition of roughly 400 ORVs and pose a significant total miles of ORV routes, mostly risk of motorized trespass into Altogether, the proposed as mixed-use roads. Within the additions would approximately existing trail system, proposed Continued on page 8 double the length of ORV routes 4 ALPINE ALPS Seeks Money for Highway 2 Parcels
By Jim Chapman Cascade Land Conservancy is also before ALPS had even begun After participating in the I-90 requesting funds for the Grotto formulating its request. But Land Exchange negotiations purchase. making this request now will start between Plum Creek Timber Maloney Creek is just south of the ball rolling for 2010 so that Company and the Forest Service Skykomish. It contains significant there will be high likelihood of and being part of the Cascades low elevation forest, mostly money being available in FY2011. Conservation Partnership that mature second growth with some The appropriations would be raised some $72,000,000 to buy old growth. The northwest corner considered first by the House more than 34,000 acres, most of the parcel juts into spectacular Appropriations Subcommittee on of which was along the I-90 areas of low elevation old. Except Interior, Environment & Related corridor, ALPS is once again for one heavily overgrown road, Agencies, chaired by Rep. Norm asking Congress to appropriate undriveable for decades, the Dicks. The parcels are all in money from the Land & Water Maloney Creek valley is wild and the 2nd Congressional District, Conservation Fund to buy critical roadless, with extensive spotted represented by Rep. Rick Larsen acres around the Alpine Lakes. owl and marbled murrelet habitat, who was critical in getting the ALPS did this to get funding for as well as ideal conditions for Wild Sky legislation passed. Sen. land on top of Icicle Ridge and the marten, fisher and wolverine. Patty Murray, member of the Silver Creek basin in the late 1980s Windy Ridge, stretching from Senate Appropriations Committee and early 1990s. 3400 feet to almost 5500 feet, and the other critical advocate for This time ALPS is focusing borders on the Henry M. Jackson the Wild Sky, would be the point on the Highway 2 corridor and Wilderness Area and is the only person in the Senate. has selected four parcels held by one of four private parcels in the The Mt. Baker-Snoqualmie Longview Timber, formerly known upper Martin Creek drainage left National Forest will accept these as Longview Fibre. Longview untouched. The eastern half drops lands provided that they have a Timber is now a subsidiary of a down into the upper Tye River clean title that includes surface, Canadian investment firm called valley and the southeast corner mineral and oil and gas rights and Brookfield Asset Management. almost reaches the old railroad there are no unresolved hazardous The map on page 6 shows the town of Wellington, site of the materials issues. parcels, called Grotto, Maloney 1910 avalanche that killed about Longview Timber has no Creek, Deception Creek and 100 people. A logging road has operating plans for any of the Windy Ridge. Together they total been constructed almost to the parcels this year and is willing to about 1,420 acres and are valued at southwest corner and the parcel to sell them to willing buyers who about $3.7 million according to a the northwest has been clearcut. have the funding. It does own the retired timber cruiser. If acquired, Deception Creek is actually mineral rights, which removes a they would all be part of the Mt. located almost a half-mile east of potential obstacle to the federal Baker-Snoqualmie National Forest. the real Deception Creek, with government’s acceptance of the ALPS will seek funding for other most of the north property line deeds. Oil and gas rights are held Highway 2 parcels in future years. bordering on the Burlington by ConocoPhillips. Grotto, surrounded on the Northern Santa Fe right of way. Please put asking Rep. Norm north, south and west by the new This parcel is all old growth except Dicks, Rep. Rick Larsen, Sen. Patty Wild Sky Wilderness Area, is high, for a power line right-of-way Murray and Sen. Maria Cantwell rugged, steep country. Elevations passing through the north part to seek the LWCF appropriations range from 3400 feet to just over of it. The Iron Goat Trail is on for these lands on your 2010 5000 feet. There are scattered the mountainside just across the calendar. patches of trees, rockfalls and open Tye River Valley. The southwest spaces throughout the parcel. If quarter of the parcel touches on it were not privately owned, it the Alpine Lakes Wilderness Area. Please see map on would have been included in the The chances that Congress Wild Sky. The only blemish is a will take any action on these next page. 0.2-mile road extending into the parcels, except possibly Grotto, are northeast corner from an adjacent virtually nil. Congress imposed clearcut just to the northeast. The a submittal deadline of February,
ALPINE 5
Windy Ridge Windy WILDERNESS ALPINE LAKES LAKES ALPINE Deception Creek Deception Creek WILDERNESS HENRY M JACKSON M HENRY r is in Erro p QUALMIE NATIONAL FOREST QUALMIE NATIONAL PROPOSED FOR FY2010 PURCHASE PURCHASE FY2010 FOR PROPOSED USDA Forest Service Creek* y Maloney Federal Ownershi g Grotto Base Map b WILD SKY WILD SKY WILDERNESS WILDERNESS PreparedbytheAlpine Protection Society Lakes (Boundaries not Shown) * Color Indicatin AND ADDITION TO MT.TO BAKER-SNO ADDITION AND US HIGHWAY 2 CORRIDOR LANDS
6 ALPINE Forests at Risk of Conversion to Non-Forest Use
By Bill Beyers Forum, an organization that supply of timber for mills located A new report issued by the is supported by dozens of in Washington State. As many UW’s College of Forest Resources environmental organizations and ALPS members know, private (which is about to be subsumed timber interests and is led by lands in Washington State devoted into a new College of the Brian Boyle, former Commissioner to commercial timber production Environment) paints a troubling of Public Lands. The report can be granted preferential picture of likely changes in timber can be accessed at: http://www. property tax rates designed to production on forest lands in nwenvironmentalforum.org/ encourage long-run commitment Washington State. This report, documents/RetentionReport/ to timber production. Property entitled “Retention of High-Valued RetentionReport.pdf owners can enroll their lands in Forest Lands at Risk of Conversion This project began five years this program, and are assessed to Non-Forest Uses in Washington ago. It was directed to assess property taxes based on the timber State,” was requested by the recent changes in classification production potential of their Washington State Legislature of commercial forestland in land. These property tax rates and the Department of Natural Washington State to non-forest are well below the tax rates that Resources (DNR). This study use, and to assess likely changes would be applied if the land were was headed by Professor Gordon in the coming decades. The report being zoned for non-timber uses, Bradley. It was managed through focuses on the likely implications such as housing or commercial the Northwest Environmental of these future changes on the Continued on page 8
ALPINE 7 Forests at Risk of Conversion Review of Continued from page 7 Off-Road Vehicle development. It is also well known vigilant regarding the impacts of Management that major timberland owners such trends reported in this document Continued from page 4 as Weyerhauser are considering on the demands for timber from public lands. ALPS will also need conversion of their timberlands the Wilderness via the remote to carefully monitor the impacts of into securitized assets, such as real trailheads. estate investment trusts (REITs). land conversions to non-forest uses on wildlife, water, and ecosystems ALPS is also working toward a The accompanying map shows in the Alpine Lakes region. The DEIS alternative with a significant the result of this analysis for the piecemeal nature of these land-use reduction in motorized trails Alpine Lakes region. The red cells conversions make it difficult to within the large, contiguous show a strong potential for land visualize their cumulative effect, roadless area around the West and conversion in Kittitas County but this is another dimension that Middle Forks of the Teanaway and in eastern King County. needs to be assessed, to make sure River. The still-wild character Applications for conversions that visions of land-use embodied of the area provides habitat and of forestland in Kittitas County in the Alpine Lakes Management dispersal opportunities for species have skyrocketed in recent years, Act are achieved. While the Alpine requiring seclusion. These rivers paralleling the report’s predictions. Lakes Management Act applies run in the only two long and The upshot of these land only to federal land in the Alpine unroaded low-elevation valleys conversions is a reduction Lakes region, ALPS’ original intent in the region. There are sensitive of timber supplies to forest was to have a framework that riparian areas with fish rearing products mills, which will would apply to both private and and spawning areas along their increase pressures on alternative public land in the Alpine Lakes main stems. Both the West Fork ownerships—including the region. This new report from the and Middle Fork trails have many National Forests. While the Clinton UW touches upon the complexities river crossings without bridges, Forest Plan dramatically reduced of achieving these goals, identifies and many crossings of small timber harvests on National Forest policy options for maintaining tributaries, where wheels climbing lands in the Alpine Lakes region, working non-public forest lands in and out of gorges can directly the conversions of private forest in Washington State, and suggests impact these riverine resources. will likely increase demands next steps to be undertaken Near valley bottoms, the terrain for National Forest timber from to address these issues. ALPS is rugged with steep slopes the region to help supply the members may wish to spend some and a high proportion of easily remaining mills in the state. As time with this very interesting mobilized soils that challenge the existing National Forest Plans report. stability of trails at numerous steep are revised, ALPS will need to be locations. In fact, many segments of the trails have already been battered with ORV activity, and the damage is spreading as traffic River increases. To date, there has never pool. been an open process with broad public input and environmental analysis to assess the suitability of these trails, either individually or collectively, for motorized use. The Travel Management Rule is the opportunity to carry that process through to make sure that resources are protected and a balance of quality recreation opportunities is achieved. Art Day
8 ALPINE Trustees Election Ballot
It’s time for another ALPS Trustees election. This one will environmental advocacy. His be for the 2009-2012 term. All four candidates – Bill Beyers, Jim main interest is in preserving Chapman, Kevin Geraghty and Charlie Raymond – are running for wilderness and protecting surrounding areas. Charlie’s re-election. present emphasis is on ORV and We still have some vacancies on the board, and so are providing snowmobile issues, especially space for you to suggest someone for us to appoint. If you are in the Cle Elum Ranger District. interested yourself or would just like to attend one of our meetings, He and his wife own a cabin in contact President Don Parks at 425-883-0646 or dlparks@verizon. the Cle Elum area. net. Please mark the ballot below for n Bill Beyers, Seattle, years 1978-80 and 1989-92, four trustees. Professor of Geography at and is currently the secretary. University of Washington. Jim worked on several land Bill Beyers Bill was an ALPS Trustee/ exchanges, including two with Jim Chapman Officer from ca. 1972-1983, Longview Fibre and the I-90 and ALPS President from exchange with Plum Creek. He Kevin Geraghty 1974-76. He was quite active lobbied Congress for money Charlie Raymond in the campaign to pass the to buy parcels on Icicle Ridge, legislation enacted by Congress along Icicle River and in Silver ______in 1976 that established the Creek watershed. Jim was (Suggested New Trustee) Alpine Lakes Wilderness and the ALPS representative to Management Unit. Bill left The Cascades Conservation Mail to: the ALPS Board in the early Partnership. 1980s, feeling that membership Don Parks, President on it should rotate. In 2000, n Kevin Geraghty, Alpine Lakes Protection he helped do a fiscal impact Seattle, replaced the late Henry Society analysis that was a critical part Steinhardt in 2002. Kevin has P.O. Box 27646 of getting the Kittitas County recently been developing a new Seattle, WA 98165 Commissioners’ support for website for ALPS. He has taken The Cascades Checkerboard the lead on a variety of forestry Partnership’s project. Bill also issues for ALPS including Lowe led the team that brought the 4th Creek, Natapoc Mountain, and edition of the Alpine Lakes map the Roaring Thin timber sale. to production, with the goal of having this product bring a n Charlie Raymond, revenue stream to ALPS, and to Seattle, Professor Emeritus of stimulate new memberships. Geophysics at University of Washington studying snow, ice n Jim Chapman, and climate change. Charlie is a Edmonds, retired engineer, and long-time member of ALPS. He an ALPS Trustee/officer since joined the ALPS board in 2004 1973. Jim was President in the to become more active in local
ALPINE 9 Tye Valley Tunnel
By Jim Chapman Since the Volunteers for package to the government. To There has been a tremendous Outdoor Washington (VOW) was minimize risks, it would not accept change in Alpine Lakes land instrumental in planning and either deed until both were ready. ownership patterns over the past building the trail, the Wenatchee We wrote a letter to the railroad, 30 years. Most have resulted from National Forest’s Steve Johnson now Burlington Northern Santa federal acquisitions of timber asked VOW’s trail coordinator Fe, about acquiring those rights. company lands through land Ruth Ittner to determine the BNSF sent back a form letter that exchanges and purchases. In many company’s interest in selling the its minimum asking price was $500 acquisitions, ALPS has negotiated property. per acre. Seeking a lower price, we with the parties involved and I’ve been a trail volunteer since sent back a second letter with more asked Congress to fund them. 1991. Ruth asked me in February information about the property Once the parties have agreed to 2003 to handle this because of my and the benefits of making it the lands involved and Congress involvement with past acquisitions public. BNSF sent back the same has appropriated the money, the on behalf of ALPS. But VOW could form letter. property transfers usually go fairly not do land transactions. So Del Fortunately, VOW member Kim quickly. Fadden, another VOW volunteer Forman had once worked in public This is not necessarily the and then a board member of The affairs for BNSF, so he personally case with smaller ownerships Mountaineers Foundation, also convinced the Vice President of and I thought I’d give you an became involved. I essentially the public relations benefits that example – the “middle mile” of became an intermediary between it would receive by offering the the Old Cascade Tunnel across the Foundation and the owner. mineral rights at a lower price. The Stevens Pass. Three miles long, the By calling the attorney’s law Foundation finally received them tunnel was in service from 1900 firm, I discovered that he had in October 2005. to 1929. The Iron Goat Trail, built passed away but his wife was The next major activity was along the former Great Northern still living and was the company a November 2004 Hazardous Railway route, ends at the tunnel’s owner. A couple of weeks after Materials (HAZMAT) inspection southwest entrance. sending her a letter in September of the tunnel by Forest Service When that trail section was 2003, I received a call from the personnel and Foundation and completed in 2000, there were owner’s son. It turned out that the VOW representatives. Nothing thoughts of continuing it through attorney had once owned property significant was found except for the tunnel to the Pacific Crest around the Wellington townsite some materials left over from late Trail on the other end. A late since the 1940s and had acquired 1960’s scientific experiments and 2002 walk-through of the tunnel more, including the tunnel as a they were in the federally owned indicated that about $1.5 million in throw-in, from what was then northeast end of the tunnel. Some improvements would be needed to Burlington Northern Railway in water samples were later collected make the tunnel safe. 1984. but nothing hazardous was found. Feasibility research uncovered About six weeks later, the son By June 2005, necessary a private inholding in the middle said his mother had agreed to approvals to accept the donation of the tunnel. About a mile long donate the property in return for had been received. by 200 feet wide, it includes both the family name being added to the tunnel’s. At the time, nobody By March 2005, powers-that- the tunnel itself and the ground be reconsidered the adding of the above it. Almost all is in Chelan expressed any concerns with that request. family’s name to the tunnel. That County with a tiny segment August, Steve Johnson, Ruth Ittner, crossing the ridgeline into King The first roadblock was the Tom Davis from the Skykomish County. The property was owned discovery that the railroad had Ranger District and I finalized a by a family corporation called Tye retained the property’s mineral suitable alternative — a panel on Valley Tunnel Company (TVTC), rights. The government would the trailhead kiosk describing the founded in 1968 by a Lynnwood not accept the property without ownership history of the tunnel, attorney, his wife and a third party. these rights, so the Foundation ending with the family’s donation The attorney’s law firm did the had to acquire the mineral rights, of its property. paperwork. combine its deed with the family’s donation and present the full The next major roadblock occurred in January 2006 when the
10 ALPINE deed was ready for signature. The 1979, the state declared that, as far six months at a time, and then the wife wanted to sign on behalf of as it was concerned, the company study would have to be updated. herself and not the company. So an “ceased to exist”. The ownership controversy was effort was made to build a paper But TVTC kept its name and resolved when the third party’s trail showing how ownership claim to being a “Washington son and daughter agreed that they passed from TVTC to the wife. corporation”, both in the 1984 would not contest the ownership Starting from the beginning, deeding transferring ownership to in return for being compensated I located the company’s it and in the 1987 deed transferring for expenses in settling their incorporation papers at the some of the ownership to the City mother’s estate. They and the Snohomish County courthouse, of Tacoma. This last time, however, Foundation completed signing a which showed it had been only the husband and wife were notarized agreement in early June incorporated in September 1968 for listed, representing themselves as 2008. the purpose of using the tunnel as well as the company. Then the Forest Service said a storage vault. Finally, the decision was it had no money to fund the new Soon afterwards, I found a 1987 made to ask both the wife and HAZMAT study. The Foundation Community Property Survivorship the third party to sign notarized agreed to solicit funds for the Agreement between the couple in affidavits stating that the wife was first phase that would determine which the survivor would receive sole owner of the company. The whether or not more detailed everything that the deceased affidavit to the third party was studies or possibly clean up would owned. So the wife received the mailed in April 2007. be needed. husband’s share of the company The next month, another The next step, signing a when he died December 31, 1993. bombshell hit — in the form of a donation agreement between But I’d previously paid little letter from the third party’s son the owner and the Foundation, attention to the “third party” stating that she had passed away turned out to be a deal breaker. who’d also signed on as a director, the previous October and that he She wanted a clause in it that officer and investor in the and his sister were willing to sell would give her the mineral rights incorporation papers. With the her shares in the company. in case the HAZMAT results need for a paper trail, she took on Two other events that year showed prohibitively expensive new importance. complicated matters even further. clean up would be necessary. The Foundation was prohibited by In April 2006, with the help of First, the Wellington entrance the husband’s law firm, I learned law from doing that. As a 501(c)3 to the tunnel collapsed early in organization, it could not give to that she’d been the husband’s the spring. This created a dam of secretary and located her in a private entity something it had rock and dirt several hundred feet been given for a public benefit. Arlington, Wash. I went to see her inside the tunnel. Water pouring personally and she said she had no in created a pond deep enough for At this point, the wife lost interest in the company. Being told the hydraulic pressure to blow the interest in donating the property. we needed some specifics from dam out the tunnel entrance. The The Foundation felt the same way. her, I wrote her a letter in June puncheon bridges that had been On September 19, I wrote a letter asking for that information. Within built in front of the tunnel were to her son that the Foundation two weeks I received a letter from either turned topsy-turvy, buried was pulling out. The Foundation her son’s attorney stating that she or washed downstream. Public waited six months just in case the now claimed she never gave up access has naturally been closed. owner changed her mind, then her interest in the company. That incident surely put to rest any notified the heirs of the third party In December 2006, I finally thoughts of having a trail through that the deal was off . received something people had the tunnel. The Foundation, which been seeking for months — The second event was the EPA’s intended to have the mineral rights the annual reports that every release of new HAZMAT study for only a few days, still has them corporation is required to file with requirements. The study would three and a half years later. What the Secretary of State each year. have to be redone under stricter we thought would be a relatively They weren’t in the secretary’s guidelines by what is called an simple process turned out to be a office but in the state archives. “Environmental Professional” quagmire. The company had filed its annual with the conclusions and reports from 1970 through 1975, recommendations approved by each time listing the three founders the Forest Service’s regional office. as officers. Then it stopped. In Results would only be valid for
ALPINE 11 alps alpine lakes protection society PO Box 27646 Non-Profit Org. U.S. Postage Seattle, WA 98165
ALPS Officers & Trustees: 2006-2009 2007-2010 2008-2011 President: Don Parks Bill Beyers Natalie Williams Art Day Vice President: John Villa James Chapman Mike Pierson Thom Peters Membership: Natalie Williams Kevin Geraghty Karyl Winn Karl Forsgaard Treasurer: Frank Swart Charlie Raymond Secretary: James Chapman
The newsletter of the Alpine Lakes Protection Society (ALPS). ALPS is dedicated to protection of the Alpine Lakes area in Washington’s Cascades. Editor: Art Day Layout: Pat Hutson For membership information, contact Natalie Williams 5627 47th Ave. SW Seattle, WA 98136 Art Day Rick Jerabek Looking up at Aasgard Pass, Enchantment Lakes area. [email protected]
12 PRINTED ON RECYCLED PAPER ALPINE