PMBC’s Final Closing Brief

LOCAL CITIZENS AWAIT HEARING EXAMINER’S DECISION

Last week, Protect Mud Bay Cliffs (PMBC) submitted its final Closing Brief to the City’s Hearing Examiner to complete its legal appeal under the State Environmental Policy Act (SEPA). You can review the brief here. A final decision on the appeal is expected by April 30.

PMBC filed the appeal to challenge the city’s flawed determination that the proposed Woods at Viewcrest development "does not have a probable adverse impact on the environment." During the SEPA appeal hearing, PMBC soundly demonstrated that the proposed development will indeed have significant adverse environmental impacts to Mud Bay and the surrounding community, which the City has consistently chosen to downplay or ignore.

Below are key points from PMBC’s final Closing Brief:

1. City staff committed a major error by failing to identify and carefully examine all significant environmental impacts before issuing their Mitigated Determination of Non-Significance (MDNS).

2. Because significant environmental impacts were not clearly identified and evaluated, it is impossible for the City to conclude that proposed mitigations will reduce the significance of impacts they failed to first identify.

3. The City has no basis for granting the developer an exemption from properly managing and controlling the stormwater that flows into Mud Bay.

4. Mud Bay is protected by a robust set of longstanding federal, state, and local laws, policies, and guidelines, which the City and developer must adhere to.

5. Neither the City nor the developer addressed how they plan to protect recreational shellfish harvesting in Mud Bay. Nor did they consider the negative impact of the development on recreational users of the bay. As stated in the Closing Brief: “The City’s failure to analyze the impact of untreated pollutants on recreationalists who come into direct contact with them violates SEPA’s mandate to take a hard look at impacts.”

6. The City failed to adequately consider the traffic safety risks presented by the development.

On a positive note, it's been inspiring to see the large number of people who showed up for the public hearing and who have contributed their time, effort, and financial resources to protect Mud Bay and the neighboring community. Without this support, the City could have easily approved this ill-conceived development without much public scrutiny.

Once the Hearing Examiner issues a final decision on the SEPA appeal next month, PMBC will post the decision and its implications. 

Until then, we continue to offer our heartfelt thanks and gratitude for your support and dedication. Thank you for continuing to advocate for Mud Bay and the surrounding neighborhoods.

Sincerely,

Protect Mud Bay Cliffs