January 13, 2004

Introduction
Prepared for the Board of Supervisors in accordance with the public review process, this letter aggregates & summarizes Bear Creek Estates (BCE) residents' concerns regarding the proposed rezoning of Assessor's Parcel Numbers 089-121-82 and 83 to a Timber Production (TP) zone district (Agenda Item #41).

Recommendations
Recognizing that denial of the parcel owner's (Bringhurst LLC) rezoning application would be a less-than optimal solution for all parties, we--the undersigned BCE residents--offer to concur with rezoning approval, if and only if the Bringhurst application is returned to the Planning Department (PD) to enable proper and actual public inputs to the Timber Management Plan (TMP). This action is necessary to produce a fair and equitable solution for all parties. Only after the PD re-opens this application, holds public hearings and addresses our comments, could we possibly support a rezoning approval.

In the meantime, we request that the Board continue hearings on this agenda item, so that we can gather and offer up more and better supporting data for our proposed solution.

Solution
We applaud the concept and benefits to all parties of a rezoning application combined with a TMP. Fundamentally, our solution would amend the TMP based on:

a) formally recognizing the benefits and limitations of the existing Conservation Easement (CE) administered by the Land Trust, and

b) conceptually extending the CE through additional "no-cut" zones to be clearly identified in the TMP, to extend the CE's benefits to all adjoining residences not currently protected by the CE.

We believe this solution provides the much needed buffer for all residential properties with adjoining downslopes within the proposed timber harvest areas, at little cost to the owners and county.

Justification
We advocate this solution for the following reasons:

1) Ineffective PD public notification. Few (if any) owners of BCE residences were aware of any PD public hearings. If they were aware, PD provided notification information that was in error or inexcusably vague (lacking apparent relevance or significance to recipients). History of problems with other notices, residents list out-of-date...

2) TMP referenced T. Best Geologic Survey is out-of-date. Maps do not show recent slides and new timber haul roads, CE and no access easements. Findings do not address increased health and safety risks to all residences due to increased peak water flows, soil erosion and instability (see supporting pictures (attached)); or visual and noise impacts to BCE residences. T. Best "no harvest" area was not fully implemented (CE is too small).

3) Cumulative effects are not adequately addressed. T.Best data and findings do not reflect today's geologic conditions (almost 10 years later). Causal relationships between timber harvesting and peak flows, soil erosion / instability wrt. impacts on residences + watercourses near residences (flooding caused by slide-created dams) are not addressed. 1982 Love Creek, 2003 LA slides, 1998 BCE slide, anecdotal slide evidence from previous residents...

4) Protection of watercourses has higher priority than residences. Many words for watercourses, few for residences. $50M+ aggregate value properties at risk. Fish cannot initiate class action lawsuits. No insurance covers landslides. Property devaluation, reduced real estate taxe revenues, disclosures...

5) Timber hauling methods to be used adjacent to residences are unclear. Health, safety, noise concerns with helicopters, cable haulers, tractors...

6) TMP contains numerous inconsistencies. Confuses "real" agreement. Map details, paragraph wording, incorporation of new w/ out-of-date references, inaccurate check box answers, missing (but required) explanations...

Conclusion
We believe these issues can be addressed to the satisfaction of all parties through a re-opened PD public review process. The Board of Supervisors should vote on a legitimate, accountable rezoning application.

We warmly extend an invitation to board members and any other interested parties to visit our community, to see for yourselves what we see--words and pictures cannot convey what can best be seen in person.

Thank you very much for your consideration and support!


Attachment
(Topographic Map with pictures of BCE area slides)