In the September 3, 2010 City of DuPont Friday Letter, the following was statement was issued by all parties currently engaged in the DuPont 1994 Settlement Discussions:

In 1994, Lone Star Northwest (now CalPortland), the City of DuPont, the Washington State Department of Ecology and a coalition of environmental organizations entered into a settlement agreement regarding shoreline uses and the development of a sand and gravel mine in DuPont, Washington.  The DuPont mine is the primary source of sand and gravel in the Puget Sound region.

 In 2006, CalPortland applied for permits to expand the existing mine.  In 2009, several of the organizations involved in the 1994 settlement agreement initiated a process to address how any expansion would follow the prior settlement.  These organizations entered into a memorandum of understanding that called for the development of a feasibility study that would evaluate various alternatives to address potential effects of an expansion of the mine, including actions to improve water flows and fish habitat, and other strategies to rebuild fish populations in the Sequalitchew Creek watershed.  This memorandum also called for further discussions after the feasibility study was done.

 New settlement discussions have just begun, using the results of the feasibility study to examine restoration options as well as expanded gravel mining.  The parties are exploring whether they can reach an agreement on a schedule and conditions associated with the potential expansion of the mine, including actions that could be taken to restore stream flows and habitat in Sequalitchew Creek, and other issues regarding environmental protections. If these organizations are able to come up with an agreement, there will be a public review process by the DuPont City Council before the City would sign the agreement.  If an agreement is reached by the parties to the 1994 settlement, a revised project and mitigation plan would be submitted by CalPortland.  The permit process would include normal public review and involvement, including environmental review and permit applications, before any action could be taken.

• Settlement Meetings

The parties to the 1994 Settlement Agreement have been meeting frequently with a mediator to discuss the issues described above, with more meetings slated to occur in September and October.  We received sad news earlier this week that John Arum, the attorney representing various environmental groups involved with the settlement agreement, is missing in the North Cascades National Park after failing to return from a weekend climb of Storm King Peak.  The search remains ongoing and includes helicopters, ground crews, and canine units.  At this point all scheduling decisions have been put on hold until the search for Mr. Arum has come to resolution.  We continue to hold out hope for his safe return and will keep him and his family in our thoughts and prayers.

SCWC echoes the sentiments of Mr. Arum’s colleagues and is praying for his safe return.