CHEHALIS: Four appeals were filed against building, filling operation on flood plain.
Sharon Michael, The Chronicle , 9//11/97
Property owner Darrell Peterson obtained permits for the work at the Superfund cleanup site after four appeals related to the conditions attached to the permits were officially denied by the Chehalis Board of Zoning Adjustment in August.
John Mudge and Rose Spogen filed individual appeals, Lois Lopez filed on behalf of the Sasquatch Group of the Sierra Club and Merrily Knutsen filed as a representative of the Chehalis River Council.
Opposition to development was based on concerns about the effects of building on a Superfund site and filling in the floodplain.
Bob Nacht, Chehalis Community Development manager, said their appeals were denied because they failed to demonstrate what would occur beyond what had been addressed by permit conditions.
He said they argued that even with the conditions attached to the permits, some environmental impact would occur.
Nacht said those who fear something will occur as the result of development have to demonstrate that something will occur. "There's no evidence, because it won't," he stated.
One of the permit conditions is that Peterson obtain documented Environmental Protection Agency approval of all work planned at the site.
Nacht said the EPA has approved the fill work, and the EPA and the city will monitor the site. "There's nothing slipping between the cracks here."
He said Peterson is "doubly-blessed with regulatory control." Any intrusion into the clay cap protecting the site also requires approval of the state Department of Ecology.
Peterson was required to obtain two permits, one allowing work in a flood zone and one approving the physical movement of the fill dirt.
"The permits issued are a matter of public record," Nacht said. "He has the same rights as any other property owner. If you comply with the regulations, you will get the permits."
Nacht said there are typically conditions attached to permits to deal with issues that are not automatically addressed by law.
The permit process is designed to protect the public, Nacht said. "That's why we're here," but the rights of property owners are also taken into account.
"It's not a problem, even if it is a Superfund site. I know there are those out there who are trying to make it a problem, but from our perspective, it's not," Nacht said.
"The city will not regulate an individual property owner on the whim of the public," he added. "People who want (the project) stopped have to do so in an affirmative manner."
No building permits for the site have been granted, but one permit application for construction of a machine shop is awaiting EPA approval. Nacht said he has not yet received a letter of approval from EPA, but he is not aware of any problems.
"We're just waiting for the one building to get permitted and see what comes after that," said Larry Morris, Peterson's environmental engineer.