What is the meaning of the word "Alteration"

Dear Council Members, Mayor, City Administrator and Planning Agency Members,

There are currently two unresolved issues that face the City of DuPont where the meaning of the word "Alteration" seems to have escaped City staff members who are assigned to deal with these two issues.  The first issue is the City's secret mediation sessions with CalPortland over the issuance of a conditional use permit that would involve dewatering the Vashon aquifer to mine saturated gravel in the eastern half of its current and proposed south expansion area under dry mining conditions.  The second is the City of DuPont's determination that the Bell Hill Lots 1 &2 can proceed under conditions set forth in the City's SEPA Mitigated Condition of Nonsignificance. In both cases the issue at hand is do these development proposals violate the intent of DMC 25.105.070(1)(f) that states:  "Wetland  alteration.  Alteration of Class I wetlands [and within their 200 foot buffer] is prohibited."?

To answer that question I refer you to the definition found in RCW 90.58, applicable sections of the Washington Administrative Code (WAC) and in the Draft DuPont Shoreline Master Program.  It is as follows:

Alteration:  Any human-induced action that impacts the existing conditions of the area. Alteration includes but is not limited to:

A. Grading, filling, dredging, draining, channelizing, cutting, topping;

B. Clearing, relocating or removing vegetation;

C. Paving, construction, modifying for surface water management purposes;

D. Human activity that impacts the existing topography, vegetation, hydrology, or wildlife habitat.

Alteration does not include walking, passive recreation, or similar activities.

The fundamental issue under consideration in the secret City of DuPont staff and CalPortland mediation sessions is "What mitigation will be required of CalPortland to offset the alteration that will occur to Class I Edmond Marsh as a result of dewatering the Vashon aquifer?"  The only mitigation that is in compliance with DMC 25.105.070(1)(f) is denial of any dewatering of the Vashon aquifer since any dewatering will adversely impact the vegetation, hydrology and wildlife habitat of Edmond Marsh.  Edmond Marsh is in continuity with the Vashon aquifer and its level an areal extent is determined by fluctuations in Vashon aquifer groundwater table level.  CalPortland's proposal to dewater the Vashon aquifer, if permitted, will permanently alter the ecological functioning and value of this 139 acre wetland.  Currently CalPortland's gravel mining permit requires it to mine no deeper than 25 feet above the underlying seasonal high groundwater table or within 10 feet on sloped areas.  This constraint to their mining operation has resulted in the shallow depth of their mine in the eastern portion their current mining area and has preserved intact Kettle Wetland which is within the footprint of their existing mine.  This ecologically responsible constraint should remain in effect for present mining and all future expansion of their gravel mining operations.

The DuPont City staff's modification of the developer's Bell Hill Lots 1 & 2 proposal enabled DuPont's SEPA Responsible Official to determine that a Mitigated Determination of Nonsignificance was the appropriate threshold determination.  The mitigation proposed by City staff involves alteration of a Class I wetland 200 foot buffer which is prohibited by DMC 25.105.070(1)(f) and should never have been proposed by City staff.  The only correct SEPA threshold determination would have been that a full EIS is required before Bell Hill Lots 1 & 2 can be developed.