Six weeks after The Environmental Coalition of Pierce County filed a complaint and sent photos of Tacoma Rescue Mission putting in new culverts, dumping truck loads of gravel into two creeks at the Spanaway Marsh, and destroying living trees without a permit, the Pierce County Planning Department sent a Violation Notice to Tacoma Rescue Mission.
The previous drains were full of debris which caused the creeks to flow over Wasmund Road. After an assessment by a wetland biologist, the Department of Fish and Wildlife, the county planning staff issued a Violation Notice to TRM. Such notices usually include a fine of up to $9,000.
But that’s as far as the county and state went in upholding the law. Read more here:
Two days after sending the Violation Notice, the county staff then issued a Fill and Clear Permit. The grading permit gave TRM permission to ” have a groundbreaking ceremony and start clearing and grading, ” according to the website for TRM.
Spanaway Concerned Citizens responded by filing an appeal of the Grading Permit at a cost of $1,750. Unfortunately, this appeal will not be heard until January 22, 2025 by the Hearing Examiner.
The TRM website said the filling and grading would “clear vegetation and level and grade the earth into what will become the road leading from Spanaway Loop Road into the permanent supportive housing development” named Good Neighborhood Village.
Trees began to fall on November 28 — Just one day before the announcement of the Ground Breaking event. The cracking sound of a cut tree is distinct. If you’re close by it is the sound of death and an alarm to get out of the way. The trees near the building site were cut first.
TRM used a processor that began falling trees so fast it made my stomach turned,” said Paul Lubbesmeyer `”Our hearts go out to each of you that live on the perimeter of this nightmare.” Lubbesmeyer is one of the leaders of Spanaway Concerned Citizens (SCC).
Neighbors who live all along the waterway that the Spanaway Marsh feeds were upset when they saw the aerial photos of the clearcut destruction of over 900 trees on the Marsh. Imagine someone bought Wrights Park and clearcut it for development. The loss to the city’s livability would be catastrophic.
Well, that is how many people of Parkland and Spanaway feel. The Spanaway Marsh is integral to the waters and wildlife that share the community, and someone should not come in from another part of the county and destroy it.
The tree removal began just one week after SCC filed an appeal of the Fills and Clear permit. Obviously, the appeal did not delay or stop the tree cutting, even though the appeal listed a number of requirements that needed to be resolved before the grading permit could be issued; even though Pierce County Code requires all of the related issues be resolved before the trees can be cut down.
hose issues include restrictions on cutting trees within 300 feet of an Eagles’ Nest and on cutting trees within 315 feet of wetlands and wildlife habitats. Also a special permit from Fort Lewis McChord was needed for prior damage done to wetlands without approval of the Federal Clean Water Act.
But these provisions were not enforced.
On the Thursday morning of the Ground Breaking, dozens of sign-waving protestors gathered in the cold near the Spanaway Loop Road and Wasmud Road intersection. While the ceremony was underway, the sound of trees falling continued.
Tree felling went on into the afternoon. Aerial photos show the trees were falling in areas suspiciously close to the wetlands which have buffer limitations.
Environmental Coalition we asked the state Department of Fish and Wildlife enforcement staff to issue a Stop Work Order. This request was Also Sent To The Director Of Planning At, reminding him that the Violation Notice requested that the county not issue a Fill And Grade Permit before all other requirements were resolved.
County Code specifies that if other permits or conflicting approvals are not resolved, than the Fill and Gravel permit is “null and void”, according to PCC 18.140.030.
Before the granting of the grading permit, the county was required to notify the Pierce County Auditor. Before the issuance of any site development or building permit approval, the county needs to submit a Tree Conservation and Landscape Plan, according to PCC 18J.10.080 (a,2) Neither of these were done.
Over $140,000 in donations from neighbors and other environmentally conscious friends has been used by Spanaway Concerned Citizens for legal fees thus far. There will be more citizen expenses to come, for Spanaway Concerned Citizens has lodged more appeals.
In the last year, the burden of enforcing the county’s Development Regulations has fallen on the neighbors and friends who know the importance of the Spanaway Marsh. Unfortunately, the forest and wildlife won’t receive their day in court until March 2025. This is way too late to save the 900 trees, and the black bears being forced out onto the roads where the traffic moves much faster than the 40 mph speed limit, and the pair of bald eagles that nest on the Marsh.
This is a very sad state of affairs, to have to sit by and watch the county Planning Department ignore county code that they are hired to enforce. In 30 years we’ve never seen such a flagrant disregard for the Rule of Law.
Fortunately, we have had an election and the Executive Priority that has been used to justify law breaking is about to come to an end. Our new County Executive takes office in January.
Kirk Kirkland and Claudia Fenseth are members of the Environmental Coalition of Pierce County. It is a non-profit educational organization reporting on environmental appeals, county council legislation and the legal appeals of our partners.