COMMENTARY: Process followed on Exit 72 development, The Chronicle, 12/23/1999
By Dennis Sabin
I have resisted the urge to respond to the opponents and critics of the filling at Exit 72 off Interstate 5 as long as I can.
The letters from Dorothy Smith ("Effective controls needed in floodplains, " Our Readers' Opinions, Dec. 14, page A 10) and Dan Smith ("Local government allows floodplain fills while promoting flood-reduction project, time for honesty, " Our Readers' Opinions, Dec. 14, page A10) compel me to respond.
Contrary to the outspoken opponents' opinions in this matter, Lewis County government employees and in particular county Community Development Department staff members are not a bunch of bumbling idiots doing the will of the development community without considering the environmental and other consequences of development.
Dan Smith's assertion that Lewis County does not look out for the safety, health and welfare of its citizens is absurd. Most county staff members I worked with over the years had the best interests of Lewis County at heart.
TO SUGGEST Lewis County government lacks integrity, responsibility, honesty, and common sense is a slap in the face to the dedicated county staff members who try each day to do the best job they can under difficult circumstances - circumstances made even more difficult by the adversarial, negative attitude shown by certain county residents.
One must remember that county staff members can only enforce adopted regulations and ordinances. New regulations cannot be written after a permit application is received for the express purpose of stopping the project. The adopted process must be followed for permit application, review, decision making, comment from other agencies with jurisdiction, and appeals.
Although some county commissioners forget at times, they should also stay out of the process and let community development staff members do their job without any political interference. You may not agree with the process or the final outcome, but don't blame county staff members for following it. At times staff members must walk a very fine line between the rights of the developer, the shifting political winds and the concerns of county citizens.
TRI-MOUNTAIN Resources followed the county adopted process in place at the time of its application for obtaining all development permits. The current fill project near Exit 72 is one of the approved permits.
The county accepted the permit application. It was reviewed by staff members and a determination made the project would not create any significant adverse environmental impact.
This determination was sent to all agencies with jurisdiction for comment including the Washington State Department of Transportation. Comments and concerns were received from several agencies and individuals. These comments and concerns were considered, but they did not present any new evidence, facts or concerns sufficient for the county staff to reverse the initial determination.
Following the adopted process and exercising their rights, the opponents of the project have filed a total of three appeals against the project. The first permit issued for the site was appealed all the way to the state Court of Appeals and the county position was upheld at every level.
I believe the second appeal had to do with platting and septic issues. I think that appeal died in Thurston County Superior Court.
The third appeal did not go beyond the hearings examiner. In all cases, the county position was upheld.
The process worked. Everyone had their day in court. Case is closed. So why are the project opponents continuing to beat a dead horse and bad-mouth the county? What is their agenda?
The biggest flood problem in the area was created by the construction of 1-5. it effectively dams the flood plain of the Newaukum River.
Major flood event waters on the Newaukum have only two ways to go from east to west. They must pass through the channel under the Newaukum River bridge to the south or under the Rush Road overpass to the north. Filling of the Tri-Mountain site is not going to change this flow pattern.
AND CONTRARY to one comment, flood waters will never over top 1-5 at this interchange. If they do, I hope somebody has a big ark available.
Have flood waters ever been on this property and over Rush Road? Yes, they have.
Is this sufficient in itself to deny a fill permit for the area? No it isn't.
County staff and state Department of Ecology staff have concluded this project meets the requirements of the National Flood insurance Program, meaning the project does not encroach into the designated floodway of the Newaukum.
Opponents of this project have stated this site is in the floodway. That is false. The floodway is along the south end of the property and is generally within the banks of the river.
The rest of the area is in the 100-year flood plain and development was allowed under regulations in place at the time of permit application.
FLOOD PLAIN regulation is not a perfect science. Regulations will change, but it is counterproductive to beat up on county staff for enforcing adopted regulations.
We live in an area that floods and all the regulations in the world will not stop them. Do a majority of Lewis County citizens want a zero-rise policy in all designated 100-year flood plains, which will stop any development there? Time and the political process will tell.
Dan Smith thinks "we need some changes on Lewis County's decision-making board." Again, time and the political process will tell.
Perhaps Smith could put his negative energy to work in a positive way and throw his hat in the ring for county commissioner in District 2. It's easy to be a Monday morning quarterback. Smith needs to get in the game and see how his game plan plays out with the electorate.
Dennis R. Sabin, of rural Chehalis, retired this year after 25 years as a Lewis County building official. He left as manager of the Building and Fire Safety Division in the Lewis County Community Development Department.
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