To the editor:

I would like to thank the South Whidbey Record for their recent article on my attempt to obtain television coverage of what has been happening in Diking District No. 1 on Whidbey Island.

I am calling for independent investigation by the Seattle news media to shed some unbiased light on what has been going on. Briefly stated, a major landowner (Commissioner Ray Gabelein) and developer (Commissioner Steve Arnold) have worked together with Island County and Useless Bay Golf and Country Club (UBGCC) to design and complete the Useless Bay pump project.

Island County Planning and Community Development was the lead agency responsible for obtaining the necessary permit. The director of this department at that time, Mr. Phil Bakke, determined that this proposal was not likely to have significant adverse impact on the environment and therefore an environmental impact statement was not necessary. Given this assessment from Island County, the other involved permitting agencies gave the project very little scrutiny.

I believe that they simply did not realize that the intent of Commissioners Gabelein and Arnold was to dewater (drain) the wetlands. Their intent has been proven by the fact that they severely dewatered the wetlands this past winter and spring.

In addition, minutes of a meeting between UBGCC and Diking District 1 held on Jan. 19, 2006 reveals that Diking District 1’s intent all along has been to lower the water level to less than 2.1 feet which is the level in the dry summer season.

Normally, the water table in the wetlands rises to an elevation of about four feet in the winter/spring wet season and falls to about two feet in the dry summer months.

During this past wet season, Commissioners Gabelein and Arnold, have pumped the water table down to a level of 1.0 to 1.5 feet. By lowering the water table by more than 2 feet they have been converting wetlands to dry land. This violates the conditions of the nationwide permit issued by the U.S. Army Corps of Engineers and U.S. law regarding the destruction of wetlands. Island County and the Corps of Engineers are currently reviewing this information now that it has been brought it to their attention.

Diking District 1 has the right to maintain “historical” water table levels in the wetland area. Excellent physical evidence documenting the history to which the water level rises in the wet season is provided by the water-stain marks recorded on the concrete casement surrounding the outflow pipes in the south pond. Dense rust colored staining is observed at an elevation of 4 feet with many less dense stain lines at higher elevations.

In addition, the water levels were surveyed on April 13, 2005 and July 20, 2005 at 3.75 feet and 2.11 feet respectively. These levels generally reflect the high and low levels that occur during the wet and dry seasons.

Even UBGCC’s recorded minutes of a meeting held on Dec. 29, 2005 state that “In putting the bottom of the weir elevation at 2.1 ft., it will lower the water in the diking district ditches during the wet months about 2 ft.” If the golf club recognizes that the water table rises to about 4 feet in the wet season, the survey data indicate a level of 3.75 feet and the dense water staining is at 4 feet, then I do not understand why long-term residents, Mr. Gabelein and Mr. Arnold, do not recognize or understand this information.

My resolution/proposal is to allow the water level to fluctuate normally as it has done for decades but allow for pumping when the level exceeds 3.5 feet.

If implemented, this policy will in fact reduce the normal rise in the winter water level by about 0.5 feet resulting in the loss of some wetland area. Nevertheless, I felt this was a reasonable compromise.

I have tried to be a good neighbor with over 120 Diking District 1 residents having signed my proposal to save the wetlands. Remember that flooding at 3.5 to 4 feet is necessary to maintain these wetlands and it is illegal to drain them.

Because many of the residents of Whidbey do not know my background, I am a retired Mayo Clinic professor of medicine where I practiced pulmonary and sleep medicine, trained young physicians, and conducted medical research. I am a past president of the American Academy of Sleep Medicine, the American Sleep Medicine Foundation, and the Association of Professional Sleep Societies. These groups have held three of their national meetings in Seattle, the most recent in June 2009 with over 6,000 attendees from around the world. I have visited my wife’s family on Whidbey Island every summer for the 37 years of my marriage and retired two years ago to live on Whidbey with my wife who was raised on Sunlight Beach where we have just completed building our new home. I love playing hockey, music and dancing with the great community of dancers on this beautiful island.

John Shepard

Commissioner

Diking District No. 1