Opponents of the liquefied natural gas terminal on Coos Bay’s North Spit have complained construction will damage the environment. They believe an LNG terminal will endanger nearby residents.

The Land Use Board of Appeals downplayed those concerns this week. It found the most vexing issue with the project’s land-use application is its handling of Indian artifacts. That’s why it sent the application back to Coos County.

In approving Jordan Cove Energy Project’s application, the Coos County Board of Commissioners required the company to produce a plan to protect “historic, cultural and archeological resources on the site.” The board also told Jordan Cove to work with affected tribes and the state Office of Historic Preservation.

One of the affected tribes is the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians. At the public hearing held in August 2007, Arrow Coyote, the tribes’ cultural resource protection coordinator, said the tribal council had concerns with the project. It noted the LNG terminal would be built on tribal ancestral territory and previous construction activity had disturbed grave sites at three archaeological areas on the North Spit.

In its ruling, LUBA sided with the chief petitioner, Southern Oregon Pipeline Information Project, that these concerns had not been addressed. It suggests the county must hold a quasi-judicial hearing to resolve the matter. Such a process could take place after the county’s approval of Jordan Cove’s application, but it must happen before work begins.

“The challenged decision does not ensure that will be the case,”  LUBA wrote.

LUBA also said the county failed to address some environmental issues, though it was more a matter of mapping.

In its appeal, the anti-pipeline group argued the county needed to do more than imposing 50-foot setbacks from marshlands in the area. LUBA found no reason to hold the county to a higher standard, though it agreed there is confusion about where wetlands are located. The county said it would rely on maps prepared by Jordan Cove. During oral arguments, attorneys on both sides suggested the county’s inventory maps are lost or destroyed.

LUBA saw that as no reason for allowing the county to use Jordan Cove’s maps.

 “The county’s explanation for relying on Jordan Cove’s wetland delineation is not adequately explained,” LUBA wrote.

A co-plaintiff in the appeal, Randy Prince, of Eugene, argued the Department of Land Conservation and Development requires local governments to consider tsunami risks in their land use policies. LUBA denied these claims on technicalities, though it did agree with Prince that Coos County must revisit the policies it considers when approving development in the estuary zone. James Nicita, Prince’s attorney, said he questioned why the county didn’t require Jordan Cove to explain its project’s impact on stormwater discharge quality and weak foundation soils. The attorney was particularly surprised it didn’t address stormwater discharges.

“I don’t see how Coos County can say that’s not applicable,” said Nicita.

In the past, the county has held public hearings to discuss remanded cases, though the focus has been limited to the issues raised by LUBA.

Now that its case has been remanded, Jordan Cove must request Coos County reconsider the application, said Chairman John Griffith. Otherwise, he said, the county will do nothing.

Staff Writer Alexander Rich covers LNG issues for The World. He can be reached by calling 269-1222, ext. 234; or by e-mailing to arich@theworldlink.com.