Port commission Oks lease for T Bailey

Anacortes American, Wednesday, March 13, 2002

By Paul Cocke
News Editor

The issue of heron nests alighted onto a Port of Anacortes effort to lease its March Point property for expansion of a local company.

The commission unanimously approved leasing the property to manufacturer T Bailey Inc., after several speakers at a public hearing Thursday lauded the economic benefits of helping the company that builds wind towers to expand.

But environmentalists and others expressed concern about the effects of noise from T Bailey's planned operations near what was described as one of the largest great blue heron nesting sites in Puget Sound.

In a series of votes, the Port commission unanimously approved surplusing the property and allowing the Port executive director to negotiate and finalize a lease agreement with T Bailey on the 22-acre, undeveloped March Point property. The site of a former gravel pit is located between South March Point Road and state Highway 20.

The lease is for 30 years, with two 10-year options, and includes an option for T Bailey to purchase after one year at a price of $600,000. T Bailey plans to construct a building on the property to house its expanding operations. The lease rate is $2,826 per month, with periodic adjustments built in. The actual lease payments don't begin until Sept. 1, when infrastructure improvements are anticipated to be mostly completed.

"We are under obligation and contract to produce a substantial quantity of towers on a long-term agreement with one of the turbine manufacturers. And that requires our operation to be expanded," said T Bailey President Gene Tanaka, who with partner Darrell Lehmann addressed the Port commission.

The company manufactures the 200-foot-high wind towers, which are fitted with turbines and transformed into power-generating windmills along the Columbia River basin.

In addition to its main facility on Bartholomew Road, the company also leases space at the MJB building off T Avenue in town.

Skagit County recently approved a joint application from the Port and city for a $165,000 grant to provide water, sewer and other upgrades to the Port's March Point site.

The expansion will add 100 additional workers, while retaining the company's current work force of 75 and represents a potential $3 million capital investment, according to an analysis prepared by the Economic Development Association of Skagit County.

Don Wick of EDASC noted that the county's recent unemployment figure was 9.1 percent and that retaining an expanding company was an important boost to the local economy.

"Time is an issue for this company. Contracts are pending. We fear that if this project doesn't move forward here we'll also lose T Bailey to this community. They have looked outside this community for this project," Wick told the commission.

"It's tough to replace jobs like this, especially in today's world," said resident Richard Wilson.

But several speakers expressed concern and urged all possible consideration for the herons near the property. In addition to the heron nests, there also is a bald eagle nest nearby as well. While bald eagles are a federal-listed threatened species, regulations are less stringent on herons. Under federal law, it is illegal to shoot herons or destroy active nests. Heron rookeries, however, are considered by the state to be a priority for conservation.

In 1994, the Skagit Land Trust received a donation of a 3.5-acre property adjacent to the Port's March Point property to protect a "portion of one of the largest great blue heron nesting colonies in Puget Sound. Last year, more than 400 active nests were counted," according to a letter from the trust read to the commission by Brenda Cunningham of the private, non-profit organization.

"Our concerns tonight are just to not let things go too far without addressing some issues and working with future property owners," said Cunningham, adding that some of the heron colony may be on the Port's March Point property.

Her organization urged an evaluation of potential impacts to the herons. She noted that when the city of Anacortes last year replaced a water line along March Point Road, a biological assessment of the project failed to note that a bald eagle nest was in the project area, causing that work to be rescheduled so as not to disturb the nest.

"We would like to help the Port and future landowners to avoid these costly mistakes in the future by encouraging appropriate evaluations in advance," she said.

The Port has offered to meet with Skagit Land Trust on the issue, which Cunningham said they were glad to accept. A preliminary study by Pacific Technical Engineering of the effect of the project on the eagle nest did not show adverse effects, and that information also should apply to the herons as well, Port officials said.

Cunningham also questioned "the choice of this site for an industry that has generated noise complaints at its present location."

Angelo Spadavecchia, who lives about five blocks from T Bailey's operation off T Avenue, said he has been awakened by "loud banging noises" at night.

"I know that jobs are very important and I guess that's why I tolerated that noise," he said. "I'm not a heron, obviously, but I know if I was raising kids or if I was raising little herons, I wouldn't want that noise."

Ian Munce, city planning director, said T Bailey's operations at the MJB facility have triggered noise complaints to the city, but that the city asked the company to curtail its night operations at that location and "they have done that and acted as a good neighbor."

Tanaka said the strong demand for the company's products encourages them to work seven days a week, 24 hours a day, but that they voluntarily agreed with the city's request and curtailed their hours.

Tom Glade, vice president of Evergreen Islands, said his group feels that an Environmental Impact Statement, or EIS, will be required. The State Environmental Policy Act has a checklist that includes wildlife and calls for an EIS if significant impacts to wildlife occur from a proposed project.

"Herons in the Puget Sound are in decline," said Ivar Dolph, president of the Skagit Audubon Society, adding that the herons now are enduring considerable noise and its not wise "to assume they have no tolerance threshold."

He noted that the Bellingham City Council recently passed tough restrictions on a development near a "a relatively small heron colony."

However, both company owners sought to reassure those present that they were willing to cooperate within reason to protect the herons. They said there is a sawmill across South March Point Road from the heron nests, the noise of which apparently hasn't driven the herons away. Also, the heron nests are high up a steep hill, in tall trees, considerably above and away from the flat 10-acre space where their building will be constructed.

Lehmann said their facility at T Avenue is open on one end, allowing noise to spill out.

"Where we're at now is like working in a megaphone," he said, adding their building at the March Point site will be enclosed, which will reduce noise.

Tanaka noted they have not received complaints from neighbors at their Bartholomew Road facility on March Point, where most of the noisiest work takes place inside metal buildings.

Lehmann said they chose to locate their business in Anacortes because of the quality of life here.

"We're willing to work with everyone on this. We don't want to be perceived as someone just rolling into town, with money flying out of our pockets, to run roughshod over anyone concerned. We like it here," he said. "That's why we choose to live here and that's why we'd like to work here, raise families here and we have a number of young people working with us."

The partners said they felt a workable solution could be reached on the herons although Tanaka said they are under time constraints to get the project going.

"I feel that something can be built on that property that's relevant to our business, relevant to the Port's business and will have a minimal impact on the heron rookery," Lehmann said.

Justin Rawls, who has worked for T Bailey for seven years, said the company, which also does industrial construction projects in addition to large-scale steel fabrication, is accustomed to dealing "with land development and sensitive areas on a regular basis."

Donald Norman, a wildlife biologist from Seattle, said that design of the building to control noise and timing are important factors.

"There are some very good measures that are out there to reduce noise levels in buildings," Norman said. "What type of noise is also the critical component."

Also, herons typically nest from around April through July, so construction should be timed so as not to disturb them at that time. And Norman said consideration should be given to increased truck traffic from the T Bailey site onto South March Point Road, which now is relatively untraveled.

Norman and other speakers said they were encouraged by the spirit of cooperation voiced during the meeting. And Cunningham suggested that if T Bailey was only going to use 10 of the 22 acres at the site that once they exercise their option to purchase that they might consider donating a conservation easement of the steep forested land near the heron nests.

And Munce said that it is still early in the information-gathering process, with the SEPA process to be completed, design work on the building done and approved and other regulatory hurdles to clear.

"I really would encourage everyone involved to take a deep breath and see if we can design a site that works for both the rookery and our local economic development objectives. I don't think they're incompatible," Munce said.