News - Local News

POSTED: Thursday, Aug. 27, 2009

Port of Bellingham will appeal NOAA selection of Newport, Ore.

Officials: Site should be disqualified because it sits in floodplain

BELLINGHAM-Port of Bellingham commissioners have reversed course, agreeing to appeal the National Oceanic and Atmospheric Administration's selection of Newport, Ore., instead of Bellingham, as the new site for its Pacific Marine Operations Center.

During a special meeting Thursday, Aug. 27, port attorney Frank Chmelik informed the three commissioners that NOAA's site selection process may have overlooked a flood plain issue that could disqualify Newport's bid.

Chmelik said federal regulations impose severe limits on construction within the 100-year flood plan, and Newport's NOAA site appears to be at odds with that regulation. The Newport NOAA buildings and pier would be on Yaquina Bay at the mouth of the Yaquina River, and could be affected by both river floods and debris and winter storm surges, Chmelik said.

An environmental assessment prepared by NOAA's consulting firm has this to say about the issue:

"The proposed dock (at Newport) would be within the 100-year flood plain, and is therefore likely to be impacted by flooding, particularly if the finished level of the dock is below an elevation of nine feet ... Additionally, there is some potential for the structure to affect the characteristics of flooding in the area, by trapping debris against the piles of the dock and/or altering the way in which floodwaters circulate/flow within the bay."

The consultant's report goes on to say that Newport "must ensure compliance" with federal regulations on flood plains. Chmelik said that statement appears to have been ignored in the selection process.

"There's no evidence in the record that NOAA ever dealt with that issue," Chmelik said. "That could be disqualifying for Newport ... This is somewhat of a game-changer."

The flood plain issue was uncovered in the days since Port of Bellingham commissioners voted not to pursue a NOAA appeal at an Aug. 19 meeting. At that time, Chmelik told commissioners that the legal cost of the appeal could be as high as $300,000, with chances of success appearing relatively slim.

Since then, Chmelik said, a specialist in the Washington, D.C. office of the Perkins Coie law firm reviewed the matter and turned up the flood plain issue. Perkins Coie is a nationwide firm that counts Boeing and other big players among its clients.

Chmelik told commissioners that the port could raise the flood plain issue via the Government Accountability Office, and the cost of doing that would likely be about $25,000. If the GAO makes an initial finding favorable to the port, that would probably reopen the site selection process and trigger another round of deliberations that could run up Bellingham's costs, but commissioners won't need to commit to the bigger expense until GAO weighs in. That would probably not occur until late November, Chmelik said.

At that time, Chmelik told commissioners, "you may have another difficult decision where you weigh the risk to taxpayers of additional expenditures."

After a brief discussion, commissioners then voted 3-0 to authorize attorneys to file the appeal before the deadline, which was 5 p.m. Eastern time Thursday, Aug. 27.

"It looks like we have a higher probability of success," Commission President Scott Walker said. "It's hard to say just what that is."

While the port could find other uses for its deep-water shipping terminal if the bid to get NOAA and its roughly 200 jobs is not successful, Walker said the NOAA center still fits in best with long-range plans to redevelop 220 waterfront acres for residential, commercial and light industrial uses.

Walker also noted that Mayor Dan Pike has expressed a willingness to provide city help with the cost of an appeal. The City Council has yet to approve that expenditure.

Also at Thursday's meeting, Port Commissioner Jim Jorgensen offered an apology to U.S. Sens. Maria Cantwell and Patty Murray. Jorgensen had criticized the senators at the Aug. 19 meeting for not doing enough to support Bellingham's NOAA bid before the federal agency chose Newport.

Jorgensen noted that Bellingham was one of three Washington state contenders for the NOAA center, along with Seattle and Port Angeles, and the senators were in no position to favor one over the others. Jorgensen he had also learned that Port of Bellingham officials had not asked the senators to support Bellingham's bid before NOAA's decision, asking only that the senators make sure that the process was fair.

The U.S. senators, joined by several congressmen, have already sent a letter to GAO to request a review of the site selection.

Before their Thursday vote, port commissioners also received a letter urging them to pursue the appeal, signed by Mayor Pike, State Sens. Kevin Ranker and Dale Brandland, State Rep. Jeff Morris, former Mayor Tim Douglas, and Bellingham/Whatcom Chamber of Commerce and Industry President and CEO Ken Oplinger.

Ranker said he believes Bellingham still has a good shot at wresting the NOAA center away from Newport. He was in Washington, D.C. on Wednesday, Aug. 26 to chat about the possibility with his contacts there, and said he came away convinced that the appeal should be pursued.

"There's no guarantees ever, but it's highly likely we can revisit this decision and have a favorable decision for Bellingham," Ranker said.

Port of Newport General Manager Don Mann did not respond to a request for comment Thursday.