By Jessica Keller

The Courier-Herald

Despite arguments to the contrary, fish have been found in Spiketon Creek/Ditch, challenging the arguments of naysayers who live near the body of water in Buckley.

The fish were found in May when engineers of the soon-to-be built Elk Heights development and a field biologist for the state Department of Fish and Wildlife met and electroshocked a portion of the stream just off of Ryan Road, turning up cutthroat trout.

City Administrator Dave Schmidt announced that finding at the June 8 City Council meeting when Wayne McBroom was speaking during the citizen participation portion.

McBroom, who was representing Friends of Spiketon Creek/Ditch, an organization of homeowners who live near the stream, was entreating the council to help the organization prove to Fish and Wildlife the ditch should not be classified as a stream.

McBroom, in a memo and in the citizen participation, asked the city to turn off its reservoir overflow from South Prairie Creek, where the city draws most of its water from, "so that an honest and correct" classification of the ditch can be made.

The Friends of Spiketon challenge the city and Department of Fish and Wildlife's determination that Spiketon is a Class 3 stream, maintaining it is not a fish-bearing stream and does not have any natural flowing waterways or seepages feeding into it. They feel the only way that can happen is if the city shuts off the water valve and lets Fish and Wildlife representatives see it in its natural state.

Councilwoman Beverly Schneider asked what date the organization had in mind, and McBroom replied there was no set date yet. She then asked how long they wanted the water valve shut off.

"Well we just want it shut off period," McBroom said, adding the homeowners who live along the ditch don't get the drainage they should receive due to the excess water in the ditch after heavy rains, when the water runs high.

Homeowners are also affected by the classification of the stream because each classification has certain requirements to be followed. Class 3 streams require a 50 foot buffer on either side of the waterway for high impact usage, meaning homeowners lose up to 100 feet of land because of the classification.

If Spiketon Ditch, which was dug by the city in 1952 to provide for water overflow from South Prairie Creek, was categorized as an "intentionally created stream," the waterway would be excluded from regulation.

However, following the definitions set in Buckley's critical areas regulations and the definitions of the different waterways, all the conditions at the present define Spiketon Creek/Ditch as a Class 3 stream, Schmidt said after the meeting.

He said while no streams or waterways actually feed into the ditch, it is fish-bearing, proven by the presence of the fish, even though those fish did not get there naturally and were either deposited by humans or possibly birds.

During the meeting, however, Randy Reed made a motion to direct staff to contact the Department of Ecology and the Department of Fish and Wildlife to see if the city can shut off the water, which passed.

But Schmidt said it is highly unlikely that will ever happen because while the city has a way of isolating the water, there's no where for the water to go, as it free flows to Spiketon Ditch, and honoring the request to shut off the valve would mean shutting off the water to the city coming from South Prairie Creek.

However, all is not lost for Spiketon Creek/Ditch homeowners who want the water to be shut off to the ditch.

Schmidt said, during the meeting, as part of the water rights settlement with the Department of Ecology, the city is trying to install a water flow control valve, which would help take care of the issue.

He said Department of Fish and Wildlife officials at the Olympia office disagree with a couple of its field biologists and believe it is more important to have the water in South Prairie Creek for the salmon that spawn than to keep the water in Spiketon Ditch. Adding a water flow control valve would help do that.

City officials are hoping to receive an answer from DOE about the water rights settlement within the next couple of weeks.

"It's not that the city's ignoring everybody out there, it's just that other factors are involved," Schmidt said.

After the meeting, Schmidt said if the city installs a water flow control valve, water would no longer run continuously into Spiketon Ditch. The only water that would run into the ditch would be stormwater and excess runoff.

"Other than that, that ditch will probably be dry," he said, adding the city still has to find or create another place for overflow water from South Prairie Creek to go to after the water valve is installed.

Also at the council meeting:

€ The council heard from Marvin Sundstrom during citizen participation, who spoke about a number of subjects. One of his concerns was the lack of city regulations on animal treatment and care. His concern stemmed from property on Ryan Road that used to keep animals. He said the animals were mistreated and malnourished, despite the findings of various veterinarians, and when the occupants left, the remains of dead animals were found on the land.

Sundstrom wants the city to address animal treatment and care in its code to address future issues of animal mistreatment.

"People shouldn't have to look at it," he said. "It affects the quality of life in this city," Sundstrom said.

Reed made a motion to have the building, zoning and environmental committee look into the possibility of forming an animal care ordinance for the city, and the motion carried.

€ The council also amended the business ordinance to allow a business license fee waiver, although not the license itself, to small home businesses who make earn less than $1000 in income.

€ The council approved a few changes to the Elk Heights development plan, including the developer's plan to move the entrance road over 200 feet in order to have a lesser impact on wetlands.

€ The council approved a request from the state Department of Transportation to perform work within the city limits. DOT wants to extend the highway at state Route 410 and Jefferson Avenue about 14 feet and create turn lanes. Instead of closing the highway during the day, DOT wants to do the work at night, and requested the city waive the noise ordinance. Schmidt said he talked to the homeowners on Jefferson who would be affected, and stated they didn't mind. He didn't speak to the nine other homeowners on Naches Street, who would be within hearing distance, but is going to send them letters. He said the work take about 20 days, but DOT doesn't have any firm dates right now. DOT would like contractors to work from 8 p.m. to 5 a.m. Sunday through Thursday, DOT officials don't know if any contractors can be found who would work on Sunday.

Jessica Keller can be reached at jkeller@courierherald.com