Case 2:19-cv-01059-RAJ-JRC Document 42 Filed 02/13/20 Page 1 of 7

1
The Honorable Richard A. Jones
2
3

5
6 IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
7
AT SEATTLE
8
STATE OF WASHINGTON, CITIZENS
9 OF THE EBEY'S RESERVE FOR A
HEALTHY, SAFE AND PEACEFUL NO. 2:19-cv-01062-RAJ-JRC
10 ENVIRONMENT; and
PAULA SPINA,
11 DECLARATION OF
12 Plaintiffs, PAULA SPINA

13 v.
14 UNITED STATES DEPARTMENT OF
THE NAVY, et al.,
15

16 Defendants.

17

18 DECLARATION OF PAULA SPINA

19 Pursuant to 28 U.S.C. § 1746 and under penalty of perjury, I, Paula Spina, declare as follows:

20 1. I am over the age of 18 and competent to testify in this matter. The information in this
declaration is based on my personal knowledge. I am a retired attorney at law, formerly
21
licensed to practice in the States ofFlorida, Kentucky and Tennessee.
22
2. I reside at 1025 Crockett Farm Road in Coupeville, on Whidbey Island in Washington. I
23 have lived in Coupeville for 14 years. I am also the sole owner and managing member of
Crockett Farm, LLC, which owns and operates the Historic Crockett Farm located at 1056
24 Crockett Farm Road, Coupeville, WA.
25
3. I am one of the three Founders of Citizens of the Ebey's Reserve for a Healthy, Safe &
26 Peaceful Environment ("COER'') along with Maryon Attwood and Ken Pickard. We
formed COER on November 21, 2012 in response to the U.S. Navy basing the EA18-G
Bl'icklin & Newman> LLP
Atturneys at Lltw
142~· Fou(tll Avenue, Suite 500
Deel. of Sflina, Case No. 2:19-cv-01062-RAJ-JRC - 1 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300
 Case 2:19-cv-01059-RAJ-JRC Document 42 Filed 02/13/20 Page 2 of 7

l "Growler" at NASWI and Growler training at the Coupeville Outlying Landing Field
("OLF''). I currently serve on the COER Board of Directors and am its Secretary and
2 Treasurer.
3 4. We initially formed COER to be a voice for people living and working in the vicinity of
4 the OLF as neither the Navy nor our elected officials showed any concern about the
impacts that Growler training was having upon us and our environment. We currently
5 have over three hundred fifty (350) members of COER who live or work in and around
the vicinity of the OLF and who are impacted by the Growler training at the OLF. In
6 addition to our members, many other people support and rely upon COER and affiliated
organizations, all of whom are opposed to the Navy's Growler expansion plans on
7
Whidbey.
8
5. My story (see the paragraphs below) is the story of most of the people who have joined
9 and/or who support COER and who are impacted in very real and devastating ways by the
Growler training on Whidbey Island. COER's members donate their time and funds to
10 COER because we speak truth to power on their behalf and have done so when no one
else would listen to us.
11

12 6. As I said, I have lived in Coupeville for the past 14 years. On November 21, 2005 I
purchased, through Crockett Farm, LLC, the last 11.5 acres and buildings of the Col.
13 Walter Crockett, Sr. Donation Land Claim. This propetty is located at 1056 Crockett
Farm Road, Coupeville, Washington, within Ebey's Landing National Historical Reserve
14 ("the Reserve"-the very first national reserve of its kind created by Congress), at the
bottom of what was known as Crockett Prairie and fronting on Crockett Lalce. Col.
15
Crockett's original land claim dated back to approximately 1850 and was comprised of
16 640 acres. Col. Crockett's sons John, Samuel, Hugh and Charles all had donation land
claims in and around the Colonel's claim on the Crockett Prairie. The Crocketts were
17 among the very earliest European settlers on Whidbey Island and as such as such are an
integral part of Washington State's very earliest history.
18

19 7. There are six historic buildings remaining on Col. Crockett's farm: the Crockett house
(circa 1870s); Crockett barn (1895); granary (date unknown); motor shed (date unknown);
20 chicken coop (date unknown); and the well house (date unknown). These six structures
were listed as a cluster on the National Historic Registry during the establishment of the
21 Reserve.
22 8. When I first moved to Coupeville in December 2005, I lived in the Crockett House. Prior
23 to my purchase of the Crockett property, it had been owned by Robert and Beulah
Whitlow who, from the mid-1980s until roughly 2003, had profitably operated the house
24 as a bed and breakfast and had used the grounds and barn as a wedding venue. In 2006, in
addition to living there, I re-established the use of the house as a bed and breakfast and the
25 use of the grounds and barn as an event venue.
26

Bricktin & Newinan, LLP

Attorneys at L:i.w
1424 Fourth Avenue, Suite 500
Deel. of Spina, Case No. 2:19-cv-01062-RAJ-JRC-2 SeatlleWA9El101
Tei. (206) 264-8600
FIDC. (206) 264-9300
 Case 2:19-cv-01059-RAJ-JRC Document 42 Filed 02/13/20 Page 3 of 7

1 9. During the period 2006 through mid-2010, the predecessor jet to the Growler, the EA6-B
"Prowler," operated sporadically at the OLF, and though loud did not pose a problem for
2 me as a resident or as the operator of the Crockett Farm. The Prowlers flew a tighter
pattern and generally did not fly over the Crockett Farm buildings. Vibrations from the
3
Prowler did not show any effect upon the historic buildings.
4
10. In 2005, the Navy published an Environmental Assessment ("the EA") for the purpose of
5 transitioning from the Prowler to the Growler aircraft at Whidbey Island. That EA
claimed that impacts upon the community would be lessened with this transition and that
6 the Growler was Jess loud than the Prowler for most operations. Because the Navy was
asserting that the impacts from this transition would be lessened, there was no community
7 opposition, including from me, to the 2005 EA.
8
11. Midway through 2010, the Navy began to transition from the Prowler to the Growler and
9 Growlers started training at the OLF and began flying over the Crockett Farm. It was
immediately evident that the 2005 EA had misrepresented the significance of the impacts
10 upon the community. Contrary to the Navy's assertions, impacts from the Growlers were
significantly greater than impacts from the Prowlers. Growlers flew a wider pattern than
11
the Prowlers and were noticeably louder, impacting more properties. Growlers regularly
12 flew over the buildings at the Crockett Farm. During 2011 and 2012, the Navy ramped up
Growler operations at the OLF making life at the Crockett Farm intolerable when they
13 were training.
14 12. Furthermore, in the 2005 EA, the Navy asserted that no more than 6, 120 operations would
15 occur annually at the OLP. The training that takes place at the OLF is called "Field
Carrier Landing Practice" ("FCLP") and is a simulation of landing a jet on an aircraft
16 carrier. Each PCLP constitutes two operations (touching and then taking oft). Contrary to
the Navy's assertion in the 2005 EA, in 2011 and 2012 the Navy flew in excess of 9,000
17 operations at the OLF. As a result, community opposition to the training spontaneously
arose and resulted in the formation of COER.
18

19 13. FCLP training is essential for Navy pilots but is also extremely dangerous, especially for
newer pilots. Pilots do repetitive loops around the OLP flying at low altitudes over
20 surrounding neighborhoods and properties. I have taken videos of Growler jets flying
directly over my house at altitudes that appear to be less than 200 to 300 feet overhead.
21 Watching how low the Growlers fly over my home and property, and being aware of how
dangerous this training is, terrifies me. Any significant mechanical problem or a bird
22 strike (this training occurs over Crockett Lake, a major bird migratory stopping place)
23 could result in a crash that would wipe out houses, businesses and, depending upon
direction of flight, the Coupeville hospital, high school and elementary school. Every
24 Growler pass over my house at night is terrifying.

25 14. The Growlers that fly over my house do so for hours per day often as late as midnight.
Before the 2019 Record of Decision, when the Navy was limited to 6,120 annual
26 operations at the OLF, we were subjected to three straight weeks of training
BrickJin & Newtnan, LLP
Attorneys at Law
1424 Fou.i:th Avenue, Suite 500
Deel of Spina, Case No. 2:19-cv-01062-RAJ-JRC - 3 Seattle WA 98101
Tel. (206) 264-8600
flftX. (206) 264-9.300
 Case 2:19-cv-01059-RAJ-JRC Document 42 Filed 02/13/20 Page 4 of 7

1 approximately four times per year (a total of about 12 weeks). The 2019 Record of
Decision quadrupled the proposed number of annual operations. In 2019, the number and
2 duration of operations actually flown made it impossible to live and work at my property.
3
4 15. Because the Growlers fly so low over my home, the noise is dangerous and unbearable.
Using commercially available sound measuring apps on my phone I have measured jet
5 noise inside my house as high as 110 decibels. Outdoors I have measured noise as high as
130 decibels. We have to wear the headset type hearing protection indoors and double
6 hearing protection when outdoors. Even with hearing protection you can feel the vibration
from the jet noise throughout your body. Without hearing protection the sound of the jets
7
is too painful to bear. Whenever the Growlers fly, even with hearing protection, I suffer
8 from severe headaches and stress-induced anxiety.

9 16. Prior to being exposed to the Growler training I never had any hearing problems. Today, I
have severe tinnitus-there is a constant hum or buzz at a frequency where I can no
10 longer hear crickets chirp or frogs croak. I also have hearing loss in the higher frequencies
making it difficult to understand people speaking to me. (I have attached an Audiology
11
Evaluation dated May 9, 2017 detailing my hearing loss.) Other than to the Growlers (my
12 exposure to the Prowlers was limited), I haven't lived a life with significant or repetitive
exposure to loud noise. I have always been more interested in Classical music than Rock
13 and Roll and went to very few rock concerts growing up. In school and later as a
practicing attorney, I was not exposed to loud noise. I have not been exposed to
14 significant environmental noise prior to my exposure to the Growlers. Furthermore, there
is no history in my family of hearing loss so there is no genetic explanation for my
15
hearing loss.
16
17. I first noticed the onset of tinnitus and inability to hear after being exposed to the
17 Growlers. My hearing has suffered so much that I have to watch television using the
closed caption function and cannot understand the dialog at movie theaters. I tried using a
18 hearing aid, but the resulting tinny timber of my own voice was extremely annoying and I
19 wasn't able to use the device. This leaves me with few corrective options. I have resigned
myself to muddling through conversations where I have to use context to try to recreate
20 what was being said or have to ask for constant repetitions. This aggravates my friends
because they find it hard to speak with me and it frustrates me. My professional life
21 revolved around speaking and now I am debilitated.
22 18. I find it impossible to remain at my home when Growler training is occurring and have to
23 leave Whidbey Island until the training is done. This was inconvenient, to say the least,
when there were three weeks of training sessions "only" four times per year. Under the
24 expansion plan, it means being away from my home almost all of the time as the training
sessions increase four-fold.
25
19. Growler training also has had a significant economic impact upon the operation of the
26
Historic Crockett Farm. We have been hosting weddings and other events at the Farm

Bl'icklin & Newinan, LLP

Attorneys at Lllw
1424 Fourfu Avenue, Suite 500
Deel. of Spina, Case No. 2:19-cv-01062-RAJ-JRC - 4 Se11.ule WA 98101
Tel. (206) 264-8600
FftX. (206) 264-9300
 Case 2:19-cv-01059-RAJ-JRC Document 42 Filed 02/13/20 Page 5 of 7

1 since 2006. We restarted the bed and breakfast business in the Crockett House early in
2011 and were developing a successful niche. We were even featured in several
2 magazines.
3 20. Growler operations in 2012, 2013 and especially in 2014 made weekday bed and
4 breakfast trade impossible. We would receive a flight schedule for the OLF and have to
alert reservation holders that the Growlers were scheduled to fly during their stay. Many
5 reservation holders opted to cancel their reservations. By 2015 it was obvious that we
could not schedule stays during weekdays and changed our business model making the
6 house available only for our weekend wedding trade. We have not done any weekday
guest rentals since mid-2015.
7

8 21. The Growler training occurring at the OLF did not impact our wedding trade the same
way because almost all weddings occur on Saturday or Sunday. Over the past couple of
9 years there has been a growing demand for Friday weddings, but we have not been able to
take advantage of that trade because the Navy has been flying on Fridays. This points out
10 another concern we have. There is no commitment in the Navy's Growler expansion EIS
and Record of Decision not to fly on Saturdays or Sunday afternoons. Should the Navy
11
beginning Growler operations at the OLF on Saturdays and Sundays as well as during the
12 week, it will effectively destroy both our remaining wedding-related bed and breakfast
business and our wedding trade.
13
22. We rely upon the profits from the bed and breakfast and wedding trade to maintain and
14 preserve the historic buildings at the Crockett Farm. If that remaining business is
destroyed because of Growler training operations at the OLF, we will not be able to
15
maintain the historic buildings. The buildings are no longer suitable for agriculture and
16 the only adaptive use is in guest housing and as a wedding/entertainment venue. I cannot
afford to preserve the buildings without the adaptive use that pays for the maintenance.
17 When those adaptive uses become untenable, the likelihood is that the historic buildings
will begin to deteriorate and will ultimately be lost to the community as part of its historic
18 heritage. This would be an immeasurable loss to Ebey's Landing National Historical
19
Reserve.

20 23. Having devoted so much time, effort and money to the preservation of the Historic
Crockett Farm, it is a constant stress upon me that all of that work wiJI be for naught and
21 that this piece of our history will be lost. I think about this constantly, and have major
difficulty sleeping at night. The threat that Growler training over our community poses
22 has destroyed what otherwise would be my golden retirement years working to preserve
23 the history and sense of community that we have in Central Whidbey. It is unfathomable
to me that Navy leadership would care so little about such a very special place and
24 community. The peace and tranquility and sense of timelessness sought to be preserved
within the Reserve are destroyed by the frequent Growler overflights, in derogation of the
25 values and purposes for which Ebey' s Landing National Historic Reserve was established
by the U.S. Congress. This is simply unacceptable!
26

Bricldin & Newman, LLP

Attorneys :it Law
1424 Foui1h Avmme, Suite 500
Deel of Spina, Case No. 2:19-cv-01062-RAJ-JRC - 5 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 26'1-9300
 Case 2:19-cv-01059-RAJ-JRC Document 42 Filed 02/13/20 Page 6 of 7

1 Dated this ~tday ofDecember, 2019, in ashington.

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B1·icldi11 & Newman, l.LP

Altoroeys 11.t Law
142~ Fourth Avetiue, Suite 500
Deel. of S11ina, Case No. 2:19-cv-01062-RAJ-JRC - 6 Sellttle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300
 Case 2:19-cv-01059-RAJ-JRC Document 42 Filed 02/13/20 Page 7 of 7
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