By John Henderer The Chronicle, The Chronicle, 12/18/99
Call it a dike, a fortified berm or just good old-fashioned filling in the floodplain - the new development near Exit 72 off Interstate 5 is perfectly legal, county officials said Friday.
Lewis County commissioners Russ Wigley and Richard Graham defended the development's legality and permitting at a press conference.
"We want to get this thing put to bed once and for all," said Graham, the commission chairman, flanked by
county development officials an a county attorney.
Commissioners reviewed the project's history, showing how courts have upheld county permits issued to Tri-Mountain Resources Inc., Chehalis, despite repeated challenges.
"It's important to note that the landfill that is currently of some controversy was approved in that (county) permit and was considered by the state appellate court," said Mike Zengel, county Community Development director. "The county's staff decision was upheld at all levels."
Since The Chronicle published a story last week discussing recent state Department of Transportation concerns, commissioners have taken flak on radio talk shows and in letters to the newspaper over the project, questioning their "integrity" and "honesty."
One letter writer incorrectly interpreted DOT officials as saying the project may force floodwaters over the freeway.
CONTROVERSY is nothing new to the project, but dike-like filling work within 200 feet of the Newaukum River brought renewed attention this fall.
For more than four years, Chehalin Tammy Baker and her mother, Virginia Breen, have appealed various county permits associated with the project. Baker, who lives across the Newaukum River from the project, said she is just trying to protect her property.
She was not invited to the press conference.
"Sounds like they're covering their tracks," she said later.
Commissioners said they have responded to DOT concerns.
This week, they spoke in a telephone conference call with Bart Gernhart, DOT's project development engineer who raised concerns last month.
"He seems to be reasonably OK, I guess, with the answers that we've supplied," Graham said. "One of the biggest problems is 1-5 itself ... whether they want to take responsibility for it or not."
Interviewed later, Gernhart said he has received in the mail paperwork he requested from the county, but he has not had opportunity to review it.
"Right now I'm looking over the information," he said. "I don't know what we're going to do."
THE STATE transportation department has been the largest single funding source tor the county's $2.2 million flood-control study for the Chehalis River Basin. Consultants have projected a solution would cost $80 million.
Baker questioned whether the county has acted in "good faith" by allowing development in frequently flooded areas.
County officials acknowledge developments that fill in the floodplain will raise local area flooding. A county analysis found the Tri-Mountain project would increase flooding near the berm by about 7 inches and by a lesser extent farther away from the dike.
"It may not be a good project, but it's legal," Wigley said.
COUNTY BUILDING Official Fred Chapman said he reviewed volumes of permitting paperwork since he was hired Oct. I and found nothing out of order.
"I have found nothing that would warrant withdrawal of the permit," Chapman said. "Tri-Mountain is completely consistent and accurate to within a fraction of an inch."
Earlier, a development company had hoped to construct a factory outlet mall on the property near Interstate 5 and Rush Road.
About five years ago, Tri-Mountain took over the property, developing it with a Chevron gas station and planning for two fast-food restaurants, a hotel and another restaurant.
Tri-Mountain is backed by one of the county's wealthiest men in Quay Jorgensen, who is listed as the land owner.
Jorgensen has large timber holdings and ranked 15th highest last year in taxes paid by private citizens, according to the Lewis County Assessor's Office.
COUNTY OFFICIALS issued Tri-Mountain separate permits to fill in the floodplain, subdivide the property and to develop in the floodplain.
Baker and Breen did not appeal Tri-Mountain's floodplain development permit this year, allowing legal deadlines to expire in February.
The sting of having to pay Tri-Mountain legal fees may have dissuaded them.
In May, the state Court of Appeals ordered Baker and Breen to reimburse Tri-Mountain for $11,210 of its legal fees and $3,960 to Lewis County.
On May 20, Breen paid the amount owed to Tri-Mountain through a check from S.C. Breen Construction Co., according to court records.
Breen Construction operated a surplus store nearby that has drawn regulatory concern from the state Department of Ecology. DOE supervised the September excavation of more than 60 barrels of toxic chemicals buried beneath a warehouse on Breen's property.
DELAYS HAVE cost Tri-Mountain. Court papers show the firm projected it would lose $9.4 million by July if the projected businesses were not built.
Tri-Mountain stands to receive $40,000 to $60,000 a year in rent from Dean Mitchell, who owns several Chehalis and Centralia Burger King franchises.
A projected Taco Time franchise would bring in an estimated $1 million in gross revenues, paying a rental fee to Tri-Mountain.
Tri-Mountain also had a pending property sale of 9 acres of the 31 1/2-acre site for $6 million to a hotel and national restaurant, according to court papers.
Tri-Mountain officials did not return calls for comment Friday.
Commissioner Dennis Hadaller could not attend Friday's press conference.
John Henderer covers county government and environmental for the Chronicle. He can be reached by email at jhenderer@chronline.com or by calling 807-8239.
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