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Port of Tacoma and EPA Settle Wetlands Violations08-12-13 | News

Port of Tacoma and EPA Settle Wetlands Violations

The Port of Tacoma's clearing and filling of two "jurisdictional wetlands" may have arisen from what constitutes a wetlands, and a directive to eradicate an invasive snail species.

The Port of Tacoma and the EPA have reached a settlement over the port's unpermitted filling in of two tidal flats, one in 2006, the other in 2008. The port will ante up more than $3 million to turn farmland it owns into wetlands as compensation, plus pay a $500,000 fine to the EPA.

The settlement is basically the same proposal the Port of Tacoma Commission approved in May. The restoration will include recreating a stream through the property that could support young salmon and other species.

Port authorities explain that in 2006 it placed 4,000 cubic yards of fill on two acres of wetlands, and in 2008 removed vegetation from four more acres it had acquired from Tacoma Public Utilities.

From a statement release by the port's spokeswoman, it appears the port's actions may have stemmed from the definition of "wetland." The feds define a wetland as areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions. These "wetlands" cleared and filled by the port, however, are classified as "jurisdictional wetlands." A "jurisdictional wetland," according to a Virginia Tech paper, is one that [to periphrase] exhibits a dominance of hydrophytic vegetation, is saturated at or near the surface for a significant period during the growing season, and has hydric soils present, i.e., perhaps a site that the average person would not identify as a wetlands.

The site cleared in 2008 had a population of vineyard snails not native to the area, but considered an invasive species harmful to agriculture in parts of Australia. Federal and state agricultural officials warned the snails' spread to Washington farmlands could devastate crops, and ordered the port to eradicate them. The first attempt to remove the snails failed, so the port had contractors clear the vegetation that was the snails' habitat. Port officials admit they did not obtain proper permits to do the clearing and filling. The U.S. Department of Agriculture had ordered the port confine its clearing activities to nonwetland areas.

The port told the Tacoma media it has tightened its monitoring of construction activity to prevent a recurrence of "failure to apply for permits."