Casino news source: Bellingham Herald - http://www.bellinghamherald.com/
Tribal casino passes EPA inspection
Foes vow to find other avenues to block project
THE PROJECT
The Nooksack tribe is building the 35,000-square-foot Northwood Crossing Casino, and a 400-car parking lot, on 20 acres of tribal trust land north of Lynden at Northwood and Halverstick roads.
Later phases of the complex include a proposed 72,000- square-foot main casino, a four-story, 200-room hotel and expanded parking, according to an EPA site inspection report provided by the Nooksack tribe.
The Nooksack Indian Tribe failed to get a storm-water permit for construction and doesn’t have a plan for wastewater yet, but federal officials don’t consider the casino under construction in northern Whatcom County an environmental hazard.
“There was a series of areas of concerns we’ve had, but none of them was so serious that we think we’re going to do any enforcement action,” said Chae Park, a compliance officer for the federal Environmental Protection Agency. “This site is not raising any flags for me. … (Tribal officials) have been very responsive and eager to do the right thing.”
Despite the tribe’s efforts to correct its errors, a community group maintains that once the casino is built, storm-water runoff and sewage could cause environmental damage — among the many reasons they say the project should be shut down.
“There are people concerned about that (environmental impact), and people who just don’t want the gambling here,” said Craig Mayberry, a member of the North County Community Alliance. “There’s a half a dozen reasons to be nervous about that casino being built out there. … As a citizen group, we’re trying to look at all of those concerns.”
NEIGHBORS AT ODDS
The under-construction casino building sits on a bare, 13-acre
gravel field, incongruously situated among raspberry fields, dairy cows and farm houses.
On the road approaching the casino, protest signs read: “No Casino!” and “Gambling ruins lives and destroys families.”
Bob Kelly, the Nooksack tribe’s natural resources director and a member of the tribe, said the casino would be built to protect the environment, even if the EPA weren’t involved.
“Those are my fish, and if you’re messing with my fish, you’re going to hear about it from me,” he said.
EPA FINDS PROCESS ERRORS
A resident’s complaint about potential storm-water problems at the site triggered an EPA inspection Oct. 4. Inspectors found no storm-water pollution problems on the site, and most controls were appropriately in place, according to the site inspection report.
They did find that the tribe’s construction company was using an erosion and sediment control plan that would apply to projects on city or county land, but it didn’t have the storm-water plan required by the federal government. Many of the requirements are the same.
The tribe applied for the federal plan Oct. 30, and it was approved Nov. 6.
“The only reason the tribe and the EPA are talking is because of us,” Mayberry said of the resident complaint. “Otherwise the EPA wouldn’t know it was being built.”
Kelly said he and other tribal officials think the casino project is getting unfair scrutiny by neighbors who are known to be responsible for chronic water pollution from dairy manure, fertilizer and septic system failures.
Mayberry acknowledged those problems, but said many of their concerns stem from not knowing what laws apply to the tribe, and whether they will provide adequate protection.
FEDERAL LAWS APPLY
The project is subject to laws under the federal Safe Drinking Water Act and the Clean Water Act. That means storm water is regulated during construction, and the casino’s wastewater plans must be approved before the sewage system is built.
The project will be subject to some post-construction stormwater requirements, but they are unlikely to be as stringent as those that apply to urban areas, said Kristine Karlson, an EPA compliance officer. That worries Mayberry.
“When you get heavy rains during winter, it could be flowing into surrounding creeks and property.”
Kelly said the tribe’s plans include use of pervious asphalt, so rainwater can soak through it instead of running off into streams.
The citizen group also is concerned about how the tribe plans to deal with wastewater in an area the EPA says has a shallow water table, especially in the winter.
“A lot of it depends on pretreatment,” said Chris Bellovary, an EPA environmental protection specialist. “Or they can build up additional soil on top of the ground so there is a greater separation between the point of (wastewater) injection and the water table, or a combination of the two.”
If the wastewater system isn’t approved, it won’t necessarily stop the project, but it could make it difficult for the casino to operate.
“There is at least one casino operating where they are hauling wastewater away,” Bellovary said.
But Kelly said his staff is keenly aware of the depth of the water table, and they are confident the system they design will be approved, otherwise they wouldn’t be proceeding with construction.
SHIFTING CONCERNS
Mayberry said that since EPA has become involved, potential environmental damage has become less of a concern for casino opponents. But they plan to continue pursuing other avenues to stop the casino.
Environmental responsibility remains a top priority for Kelly and other tribal officials, Kelly said. “The tribe doesn’t have a get-out-of-jail-free card when it comes to the environment. We have to adhere to the same principles as everybody else.” |
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