Bellingham Hearing Examiner
Day four of the Protect Mud Bay Cliffs SEPA appeal hearing continued with testimony focused on stormwater management and regulatory compliance for the proposed Woods at Viewcrest development. The session opened with a discussion about site visit logistics, with Hearing Examiner Rice indicating her intention to visit the project site during the writing period, though debate emerged about whether she should be accompanied by party representatives. The primary witness was Jason Porter, the City of Bellingham's Surface & Stormwater Manager, who provided extensive testimony about stormwater regulations, treatment requirements, and the preliminary stormwater plan review process. Porter, who has 25 years of experience in stormwater management and helped draft Bellingham Municipal Code 15.42, testified that the city found no probable significant adverse impacts from the proposed stormwater management approach. Central to the testimony was the question of flow control requirements. Porter explained that the project qualifies for an exemption from flow control measures because it discharges to Mud Bay, which is classified as a saltwater body under state regulations. This exemption means the project does not need to install detention structures to mimic pre-development flow conditions, as would be required for discharge to freshwater systems. However, significant questions emerged during cross-examination about the adequacy of information provided at the preliminary stage. Appellant attorney Claudia Newman challenged whether sufficient hydrologic modeling and flow analysis had been conducted to support the SEPA determination, noting that no modeling data exists to show the volume and velocity of stormwater that will enter Mud Bay. The session concluded with applicant attorney Tim Shermetzler beginning the applicant's case-in-chief, calling property owner Rogan Jones as the first witness to provide background on the family's long connection to the property, which was origin
No formal votes were taken during this appeal hearing session. The hearing examiner made several procedural rulings: - Overruled objections to admit appellant exhibits 45-48 regarding city NPDES pe…
- Hearing Examiner Rice will coordinate site visit during the writing period via email with hearing clerk - Parties will provide written guidance on site access points and areas of interest for examiner's review - Applicant's case-in-chief will continue with additional w…