1 00:00:09,280 --> 00:00:14,480 Good morning. We'll get underway. We're moving a 2 00:00:14,480 --> 00:00:16,645 few people around. But we'll get started in 3 00:00:16,645 --> 00:00:20,324 the meantime. My name is Mark Scheipmeyer. I 4 00:00:20,324 --> 00:00:22,805 am the county's hearing examiner. I've been asked 5 00:00:22,805 --> 00:00:26,404 to convene a public hearing to consider testimony 6 00:00:26,485 --> 00:00:28,884 as part of a fact finding to determine 7 00:00:28,884 --> 00:00:32,210 whether certain permits should be approved for a 8 00:00:32,210 --> 00:00:34,530 project that is known as the Wandering River 9 00:00:34,530 --> 00:00:39,010 Retreat Center bearing the county's shoreline number 20 10 00:00:39,010 --> 00:00:44,335 Four-ten 40 and campground site binding site plan 11 00:00:44,335 --> 00:00:51,855 number 2435.01. The property located at 4311 Kalama 12 00:00:51,855 --> 00:00:57,010 River Road owned by Jeremy Irish. Purpose of 13 00:00:57,010 --> 00:01:00,690 today's hearing is to consider whether three permits 14 00:01:00,690 --> 00:01:03,730 should be approved. The first is referred to 15 00:01:03,730 --> 00:01:07,570 as a shoreline substantial development permit. The second, 16 00:01:07,570 --> 00:01:10,784 which I'll need to perhaps better understand is 17 00:01:10,784 --> 00:01:14,704 a shoreline conditional use permit. And the third 18 00:01:14,704 --> 00:01:18,784 is a campground binding site plan approval. All 19 00:01:18,784 --> 00:01:21,265 three of those come before the hearing examiner 20 00:01:21,265 --> 00:01:25,460 for decision. This is a public hearing for 21 00:01:25,460 --> 00:01:31,220 the purpose of considering those requests. Many of 22 00:01:31,220 --> 00:01:34,100 you have probably been in public hearings of 23 00:01:34,100 --> 00:01:36,980 one kind or another, but I doubt that 24 00:01:36,980 --> 00:01:39,075 many of you have been in front of 25 00:01:39,075 --> 00:01:43,235 this type of hearing. And so it's important 26 00:01:43,555 --> 00:01:46,115 that we go over the process and the 27 00:01:46,115 --> 00:01:49,475 rules and what's taking place so that we 28 00:01:49,475 --> 00:01:52,115 all have a common understanding of what to 29 00:01:52,115 --> 00:01:55,610 anticipate today. And I should note that this 30 00:01:55,610 --> 00:01:57,770 is taking place in a room that I 31 00:01:57,770 --> 00:02:00,650 have never been in before. I've been the 32 00:02:00,650 --> 00:02:03,930 county's hearing examiner for about twenty years, but 33 00:02:03,930 --> 00:02:05,770 this is the first time I've sat in 34 00:02:05,770 --> 00:02:09,755 this room. And so it's a little disconcerting, 35 00:02:10,155 --> 00:02:13,675 lighting, the location, everything else is just a 36 00:02:13,675 --> 00:02:15,675 bit different. So I'm getting used to it 37 00:02:15,675 --> 00:02:18,315 and lots of screens three inches from my 38 00:02:18,315 --> 00:02:21,675 face. And so I will adapt as quickly 39 00:02:21,675 --> 00:02:24,950 and as fully as I'm capable of doing 40 00:02:24,950 --> 00:02:30,150 so, so that the hearing goes well. And 41 00:02:30,150 --> 00:02:32,230 it may cause me a little confusion from 42 00:02:32,230 --> 00:02:33,909 time to time. So if I stop and 43 00:02:33,909 --> 00:02:37,605 seem to be flustered a little bit, it's 44 00:02:37,605 --> 00:02:41,365 getting used to my surroundings. So about the 45 00:02:41,365 --> 00:02:44,565 hearing. The hearing has three components. It's to 46 00:02:44,565 --> 00:02:47,685 hear first from county staff. I believe that 47 00:02:47,685 --> 00:02:50,005 would be Mr. Kreitzer and perhaps other members 48 00:02:50,005 --> 00:02:52,310 of county staff. The record should reflect that 49 00:02:52,310 --> 00:02:55,350 a number of county staff are present today. 50 00:02:56,150 --> 00:02:59,830 Once the county has made its presentation, then 51 00:02:59,830 --> 00:03:02,390 the applicant is allowed the opportunity to add 52 00:03:02,390 --> 00:03:05,270 or subtract to what the county has recommended. 53 00:03:05,915 --> 00:03:07,755 And those two parts of the hearing take 54 00:03:07,755 --> 00:03:10,795 place first for the benefit of the public 55 00:03:10,875 --> 00:03:13,595 so that the public gets a better picture 56 00:03:13,595 --> 00:03:17,515 of the entire application before it's asked to 57 00:03:17,515 --> 00:03:20,720 comment on it. Again, that's why the public 58 00:03:20,720 --> 00:03:23,600 goes third. So the third piece, the third 59 00:03:23,600 --> 00:03:26,240 leg of the stool is the public comment 60 00:03:26,240 --> 00:03:30,000 that takes place after the staff comment and 61 00:03:30,000 --> 00:03:33,295 then the applicant's comments. And so I wanna 62 00:03:33,295 --> 00:03:35,935 spend just a couple of minutes talking about 63 00:03:35,935 --> 00:03:38,735 that piece, because that's the most important piece 64 00:03:38,735 --> 00:03:42,415 of today's hearing. First of all, I think 65 00:03:42,415 --> 00:03:45,614 there's a signup sheet likely going around. I 66 00:03:45,614 --> 00:03:49,720 appreciate that. That signup sheet is not binding. 67 00:03:49,959 --> 00:03:51,799 If you signed it and then change your 68 00:03:51,799 --> 00:03:54,680 mind, you're not obligated to still speak. If 69 00:03:54,680 --> 00:03:56,680 you didn't sign it, but have decided that 70 00:03:56,680 --> 00:03:58,519 you would like to speak, well, you're gonna 71 00:03:58,519 --> 00:04:02,395 be given that opportunity. And so before it's 72 00:04:02,395 --> 00:04:04,475 done, I'll make certain that anybody who might 73 00:04:04,475 --> 00:04:07,355 have wanted the opportunity to speak has been 74 00:04:07,355 --> 00:04:11,915 given that opportunity. Secondly, I'm going to restrict 75 00:04:11,915 --> 00:04:15,410 public testimony to five minutes per person. Some 76 00:04:15,410 --> 00:04:18,130 may feel like that's a tight restriction. It 77 00:04:18,130 --> 00:04:21,089 is not. Five minutes is a long time 78 00:04:21,089 --> 00:04:24,530 to talk. And so not many people will 79 00:04:24,530 --> 00:04:28,210 likely need more than five minutes of testimony. 80 00:04:28,210 --> 00:04:30,445 Now, if you do, if you're a member 81 00:04:30,445 --> 00:04:32,045 of the public and you think that your 82 00:04:32,045 --> 00:04:35,085 testimony would be longer than five minutes, well 83 00:04:35,085 --> 00:04:37,325 then I'll simply ask a courtesy from you. 84 00:04:37,325 --> 00:04:40,125 And that is that you defer your testimony 85 00:04:40,125 --> 00:04:42,690 to the end of the line. And that's 86 00:04:42,690 --> 00:04:44,850 simply as a courtesy to all the other 87 00:04:44,850 --> 00:04:47,410 people who have come to testify so that 88 00:04:47,410 --> 00:04:49,650 you're not holding them up and making them 89 00:04:49,650 --> 00:04:52,930 stay longer just because you're long winded. And 90 00:04:52,930 --> 00:04:56,610 so if you think your presentation has many 91 00:04:56,610 --> 00:04:59,574 points to which that will take longer, we'll 92 00:04:59,574 --> 00:05:01,495 then simply go to the end of the 93 00:05:01,495 --> 00:05:03,335 line and ask me at that point, if 94 00:05:03,335 --> 00:05:05,895 you have my permission to go beyond five 95 00:05:05,895 --> 00:05:09,014 minutes and undoubtedly I'll give you that permission. 96 00:05:10,230 --> 00:05:12,550 Here's where I start offending people in some 97 00:05:12,550 --> 00:05:17,590 of my comments. So this is not a 98 00:05:17,590 --> 00:05:21,030 political process. This is a legal process that 99 00:05:21,030 --> 00:05:23,830 we're going through today. So what does that 100 00:05:23,830 --> 00:05:26,705 mean? It means I'm not interested in public 101 00:05:26,705 --> 00:05:29,824 opinion. I'm not interested in what your opinions 102 00:05:29,824 --> 00:05:32,385 are. I'm not interested in the number of 103 00:05:32,385 --> 00:05:34,625 people who are for a project as opposed 104 00:05:34,625 --> 00:05:36,544 to the number of people who are opposed 105 00:05:36,544 --> 00:05:39,600 to the project. I'm not interested in petitions. 106 00:05:39,680 --> 00:05:42,240 I'm not interested in anything that's intended to 107 00:05:42,240 --> 00:05:46,000 demonstrate a common belief about a project. That 108 00:05:46,000 --> 00:05:48,080 as a matter of law is not what 109 00:05:48,080 --> 00:05:50,240 I'm allowed to consider as part of this 110 00:05:50,240 --> 00:05:55,165 type of hearing. I, again, often irritate, annoy, 111 00:05:55,245 --> 00:05:57,485 offend people when I remind them of those 112 00:05:57,485 --> 00:06:01,485 facts, but it's important that you understand what 113 00:06:01,485 --> 00:06:03,965 I am obligated to consider and what I 114 00:06:03,965 --> 00:06:06,580 am not allowed to consider as part of 115 00:06:06,580 --> 00:06:09,220 a fact finding decision. So this is effectively 116 00:06:09,220 --> 00:06:11,780 a court of law. I am deciding based 117 00:06:11,780 --> 00:06:14,980 upon the findings that I make as to 118 00:06:14,980 --> 00:06:18,340 the project for or against, and therefore what 119 00:06:18,340 --> 00:06:21,015 my final decision will be based upon those 120 00:06:21,015 --> 00:06:25,095 factual findings. Not upon any public opinion, not 121 00:06:25,095 --> 00:06:28,935 upon popularity of a project, but based upon 122 00:06:28,935 --> 00:06:32,695 the factual findings that I reach. So that 123 00:06:32,695 --> 00:06:35,980 gets us to your testimony. If you're wanting 124 00:06:35,980 --> 00:06:37,980 to testify today, and I hope all of 125 00:06:37,980 --> 00:06:42,300 you want to testify, the more the better, 126 00:06:44,540 --> 00:06:46,780 what I'll remind you is of that standard. 127 00:06:47,444 --> 00:06:49,845 So first of all, if you need to 128 00:06:49,845 --> 00:06:51,764 refer to me, you can either refer to 129 00:06:51,764 --> 00:06:54,245 me as Mr. Scheife Meyer, or you can 130 00:06:54,245 --> 00:06:56,965 refer to me as Mr. Hearing Examiner, your 131 00:06:56,965 --> 00:07:00,485 preference. And so if you want me to 132 00:07:00,485 --> 00:07:02,800 ask a question or you want to speak 133 00:07:02,800 --> 00:07:05,600 to me, you might say, Mr. Scheife Meyer, 134 00:07:06,639 --> 00:07:09,440 I am opposed to this project. But if 135 00:07:09,440 --> 00:07:12,320 all you say is that, or you say, 136 00:07:12,320 --> 00:07:14,000 I'm opposed to it and so are my 137 00:07:14,000 --> 00:07:17,725 neighbors, With all due respect, you haven't moved 138 00:07:17,725 --> 00:07:20,925 the ball down the field. That opinion is 139 00:07:20,925 --> 00:07:23,805 not beneficial to me in that final decision 140 00:07:23,805 --> 00:07:28,440 making I'm required to make. So instead, if 141 00:07:28,440 --> 00:07:31,880 you might testify as follows, Mr. Hearing Examiner, 142 00:07:31,960 --> 00:07:34,600 I oppose this project for the following four 143 00:07:34,600 --> 00:07:38,520 reasons. It's those four reasons that I'm interested, 144 00:07:38,520 --> 00:07:40,760 not on the fact that you're opposed, but 145 00:07:40,760 --> 00:07:43,400 on the four reasons why you are opposed. 146 00:07:43,845 --> 00:07:46,245 And that is what I will then consider 147 00:07:46,245 --> 00:07:49,685 in rendering my final set of findings of 148 00:07:49,685 --> 00:07:53,365 fact, which then drive my legal conclusions and 149 00:07:53,365 --> 00:07:57,125 my ultimate decision. So if you wanna testify, 150 00:07:57,445 --> 00:08:00,780 no opinions, give me facts. That's what I'm 151 00:08:00,780 --> 00:08:05,259 interested in considering when rendering my final decision. 152 00:08:06,460 --> 00:08:11,500 And lastly, there will be no public response 153 00:08:11,500 --> 00:08:15,085 to anyone's testimony. There's gonna be no clapping. 154 00:08:15,085 --> 00:08:18,205 There's gonna be no expressions of support or 155 00:08:18,205 --> 00:08:22,285 hostility. There's gonna be no demonstration of any 156 00:08:22,285 --> 00:08:27,270 kind following anyone's testimony. That's the quickest exit 157 00:08:27,270 --> 00:08:30,389 to this room is saying or doing anything 158 00:08:30,389 --> 00:08:33,669 after anyone has testified. This is a courtroom 159 00:08:33,669 --> 00:08:35,990 and you treat it like a courtroom. You 160 00:08:35,990 --> 00:08:38,789 don't clap in a courtroom. You don't hoot 161 00:08:38,789 --> 00:08:41,875 and holler or show support. You respect the 162 00:08:41,875 --> 00:08:47,315 system. You treat everyone civilly. You recognize that 163 00:08:47,315 --> 00:08:50,515 this is a very formal legal process. Anyone 164 00:08:50,515 --> 00:08:52,915 who wants to disagree with that will simply 165 00:08:52,915 --> 00:08:55,155 need to be in another room doing something 166 00:08:55,155 --> 00:09:00,279 else. Everyone who does testify today, county staff, 167 00:09:00,279 --> 00:09:02,600 including the applicant and including all members of 168 00:09:02,600 --> 00:09:05,880 the public will do so under oath. There 169 00:09:05,880 --> 00:09:08,279 will be first sworn and we are maintaining 170 00:09:08,279 --> 00:09:11,695 a verbatim recording of this hearing because anyone 171 00:09:11,695 --> 00:09:14,415 who feels aggrieved by my decision has the 172 00:09:14,415 --> 00:09:17,215 right to appeal that decision, whichever of the 173 00:09:17,215 --> 00:09:20,255 three parties it may be, that appeal would 174 00:09:20,255 --> 00:09:23,135 be to the Cowlitz County Superior Court. In 175 00:09:23,135 --> 00:09:25,295 that instance, the court would not conduct a 176 00:09:25,295 --> 00:09:28,100 new hearing. It would listen to this hearing 177 00:09:28,100 --> 00:09:31,860 and decide whether my decision was appropriately made. 178 00:09:32,019 --> 00:09:34,899 So since it's only listening to this hearing, 179 00:09:35,060 --> 00:09:36,899 it's incumbent on me to make sure that 180 00:09:36,899 --> 00:09:40,084 this hearing is fully capturing all of the 181 00:09:40,084 --> 00:09:43,444 testimony that is being received so that should 182 00:09:43,444 --> 00:09:45,925 it be appealed, the court has a full 183 00:09:45,925 --> 00:09:50,165 and complete copy of the proceedings. And for 184 00:09:50,165 --> 00:09:53,660 that reason, it's important that your testimony be 185 00:09:53,660 --> 00:09:56,860 captured at places where it can be memorialized. 186 00:09:57,100 --> 00:09:59,900 So if you wish to speak, sorry, but 187 00:09:59,900 --> 00:10:01,900 you will need to come to a microphone, 188 00:10:01,900 --> 00:10:05,340 not so much to amplify your testimony, but 189 00:10:05,340 --> 00:10:10,175 to memorialize that testimony for that record. So 190 00:10:10,175 --> 00:10:12,655 again, new room, don't know how we're operating 191 00:10:12,655 --> 00:10:16,095 here, but staff can provide us more information 192 00:10:16,095 --> 00:10:19,295 as to how everyone will be speaking to 193 00:10:19,455 --> 00:10:22,015 a location in which their testimony can be 194 00:10:22,015 --> 00:10:28,150 captured. I think those are all of my 195 00:10:28,150 --> 00:10:31,430 public comments. So let us get us underway 196 00:10:31,430 --> 00:10:36,150 with testimony. So that would begin again with 197 00:10:36,150 --> 00:10:42,065 county staff and before doing so, should recognize 198 00:10:42,065 --> 00:10:43,985 that in advance of today's hearing, I've received 199 00:10:43,985 --> 00:10:45,904 the staff report, which is authored by Mr. 200 00:10:45,904 --> 00:10:50,225 Kreitzer. That staff report comes with about 200 201 00:10:50,225 --> 00:10:53,270 pages of other material. I have read every 202 00:10:53,270 --> 00:10:56,550 page of that 200 pages and a large 203 00:10:56,550 --> 00:10:58,709 part of that is public comment. If you 204 00:10:58,709 --> 00:11:00,950 submitted a public comment, I have read it 205 00:11:00,950 --> 00:11:03,910 in advance of today's hearing. And I have 206 00:11:03,910 --> 00:11:06,630 read all of the reports scientific and otherwise 207 00:11:06,825 --> 00:11:10,905 in advance of today's hearing. I'm fully knowledgeable 208 00:11:10,905 --> 00:11:12,825 about all materials that have been given to 209 00:11:12,825 --> 00:11:16,585 the county prior to today's hearing. I'll determine 210 00:11:16,585 --> 00:11:21,865 evidencing numbers for exhibits based upon all that. 211 00:11:21,865 --> 00:11:23,680 I'll have to give that a little bit 212 00:11:23,680 --> 00:11:26,160 of thought as to how I identify those 213 00:11:26,160 --> 00:11:28,800 as exhibits because of how they've come in. 214 00:11:29,200 --> 00:11:32,320 So in the event there are additional exhibits 215 00:11:32,320 --> 00:11:35,680 presented today, I'll simply begin with exhibit 100. 216 00:11:36,065 --> 00:11:39,584 That way I've given myself plenty of latitude 217 00:11:39,584 --> 00:11:42,225 for identifying all the exhibits that have been 218 00:11:42,225 --> 00:11:44,945 submitted in advance of today's hearing. So if 219 00:11:44,945 --> 00:11:47,185 you have something that you want to submit 220 00:11:48,420 --> 00:11:50,660 as an exhibit, you'll need to ask me 221 00:11:50,660 --> 00:11:53,300 if you can, and I'll need to approve 222 00:11:53,300 --> 00:11:56,980 it. And you will need to receive it 223 00:11:56,980 --> 00:11:59,860 in a copy that would be beneficial if 224 00:11:59,860 --> 00:12:02,180 you would have made available to others, but 225 00:12:02,180 --> 00:12:05,445 understand where that oftentimes proves to be difficult 226 00:12:05,445 --> 00:12:09,845 on the day of the hearing. If you're 227 00:12:09,845 --> 00:12:13,205 testifying and you're doing so off of a 228 00:12:13,205 --> 00:12:15,925 written sheet of paper that you've come ready, 229 00:12:16,005 --> 00:12:18,005 you've taken your notes and you've written them 230 00:12:18,005 --> 00:12:20,939 down and you've written out your narrative, It's 231 00:12:20,939 --> 00:12:24,459 often useful if you'll then submit your written 232 00:12:24,459 --> 00:12:27,500 statement as an exhibit for the simple reason 233 00:12:27,500 --> 00:12:31,819 that all of us, me included, if we're 234 00:12:31,819 --> 00:12:34,379 reading off a sheet of paper, we speak 235 00:12:34,379 --> 00:12:39,145 faster. We pick up our pace. We speak 236 00:12:39,145 --> 00:12:41,465 faster than we would if we were simply 237 00:12:41,545 --> 00:12:44,505 talking. And so what happens is when you're 238 00:12:44,505 --> 00:12:46,985 reading from that sheet of paper, I am 239 00:12:46,985 --> 00:12:49,705 working hard to stay up with you, but 240 00:12:49,705 --> 00:12:52,720 it gets hard because you're talking so fast, 241 00:12:53,040 --> 00:12:55,840 making your point so quickly that it's difficult 242 00:12:55,840 --> 00:12:58,080 for me to track sometimes what it is 243 00:12:58,080 --> 00:13:00,720 that you're trying to say. So in that 244 00:13:00,720 --> 00:13:03,520 instance, it's useful if you'll then also give 245 00:13:03,520 --> 00:13:06,165 me your written speech so that I can 246 00:13:06,165 --> 00:13:08,485 take a moment later and look at it 247 00:13:08,485 --> 00:13:11,125 in a more measured pace where I can 248 00:13:11,125 --> 00:13:12,965 better understand some of the points that you 249 00:13:12,965 --> 00:13:15,285 may have gone through very quickly in your 250 00:13:15,285 --> 00:13:19,110 oral presentation. So again, if you've made a 251 00:13:19,110 --> 00:13:22,070 speech in advance, many people do, and that's 252 00:13:22,070 --> 00:13:24,790 a great idea. It is useful if you'll 253 00:13:24,790 --> 00:13:27,829 then surrender the speech as an exhibit so 254 00:13:27,829 --> 00:13:29,910 that I can use it to better understand 255 00:13:29,910 --> 00:13:31,510 some of the points that you were making. 256 00:13:31,750 --> 00:13:34,505 All right, I think I've exhausted all the 257 00:13:34,505 --> 00:13:37,145 points I wanna make in advance of testimony. 258 00:13:37,145 --> 00:13:39,545 Let's get us underway. That begins with the 259 00:13:39,545 --> 00:13:41,705 presentation by county staff. That would be Mr. 260 00:13:41,705 --> 00:13:44,185 Kreitzer. Mr. Kreitzer, let's have you sworn, do 261 00:13:44,185 --> 00:13:45,785 you swear or affirm to tell the truth, 262 00:13:45,785 --> 00:13:47,305 the whole truth and nothing but the truth? 263 00:13:47,305 --> 00:13:52,000 I do. Go ahead. Thank you. So the 264 00:13:52,000 --> 00:13:53,920 case we're hearing today is regarding a level 265 00:13:53,920 --> 00:13:56,720 two shoreline substantial development permit with a conditional 266 00:13:56,720 --> 00:13:59,279 use element and a campground binding site plan. 267 00:14:06,095 --> 00:14:08,335 Olma Design and Jeremy Irish prepared an application 268 00:14:08,335 --> 00:14:10,815 for the proposed construction of a camping retreat 269 00:14:10,815 --> 00:14:14,060 and event center with related site improvements. The 270 00:14:14,060 --> 00:14:16,300 site is currently zoned as unzoned and has 271 00:14:16,300 --> 00:14:19,900 a comprehensive plan designation of rural. Rural areas 272 00:14:19,900 --> 00:14:22,380 are characterized by low density residential uses that 273 00:14:22,380 --> 00:14:25,340 are compatible with natural land practices in addition 274 00:14:25,340 --> 00:14:28,654 to small scale commercial and industrial uses, tourism 275 00:14:28,654 --> 00:14:32,495 opportunities, community facilities, along with timber management and 276 00:14:32,495 --> 00:14:38,014 agriculture. And per Cowlitz County Code 18.10x, excuse 277 00:14:38,014 --> 00:14:41,230 me, 0.275A, all uses which have not been 278 00:14:41,230 --> 00:14:43,950 declared a nuisance by statute resolution ordinance or 279 00:14:43,950 --> 00:14:46,830 court of competent jurisdiction are permitted within the 280 00:14:46,830 --> 00:14:51,310 unzoned district. However, because the application includes a 281 00:14:51,310 --> 00:14:53,550 campground element, it is elevated to a special 282 00:14:53,550 --> 00:15:01,055 use permit. Okay, go ahead. Sorry. The shoreline 283 00:15:01,055 --> 00:15:03,295 along the subject parcel has a shoreline environment 284 00:15:03,295 --> 00:15:06,975 designation of rural conservancy and the proposed retreat 285 00:15:06,975 --> 00:15:09,055 and events center would be considered a recreational 286 00:15:09,055 --> 00:15:11,959 use thus requiring a level two shoreline substantial 287 00:15:11,959 --> 00:15:15,240 development permit per the shoreline master program table 288 00:15:15,240 --> 00:15:18,920 eight-one. There is a floodplain present on the 289 00:15:18,920 --> 00:15:22,600 parcel and per the SMP, the shoreline jurisdiction 290 00:15:22,600 --> 00:15:26,275 extends 200 feet horizontally from the edge of 291 00:15:26,275 --> 00:15:29,155 the floodway. And this places a portion of 292 00:15:29,155 --> 00:15:33,075 the proposed parking within the shoreline jurisdiction, which 293 00:15:33,075 --> 00:15:35,635 is where the conditional use element. And let's 294 00:15:35,635 --> 00:15:37,155 stop there for a minute, Mr. Kreitzer. That's 295 00:15:37,155 --> 00:15:39,529 where I get tangled up. The applicant's conditional 296 00:15:39,529 --> 00:15:43,850 use permit, or sorry, critical areas report opines 297 00:15:43,850 --> 00:15:46,410 that a conditional use is not present or 298 00:15:46,410 --> 00:15:49,290 is not needed because the parking is existing 299 00:15:49,290 --> 00:15:55,285 parking, not new parking. Does the county then 300 00:15:56,005 --> 00:15:58,005 disagree as to that aspect and believe that 301 00:15:58,005 --> 00:16:01,365 existing parking requires conditional use permit? No, the 302 00:16:01,365 --> 00:16:03,925 existing parking does not require a conditional use 303 00:16:03,925 --> 00:16:08,000 permit, just the new proposed parking. I thought 304 00:16:08,000 --> 00:16:10,079 I read in their critical areas report that 305 00:16:10,079 --> 00:16:12,560 they were revising the parking to take any 306 00:16:12,560 --> 00:16:16,480 new parking out of shoreline jurisdiction that I'm 307 00:16:16,480 --> 00:16:18,319 well, I'll come to them in a minute, 308 00:16:18,319 --> 00:16:21,145 but is that not your understanding then? I 309 00:16:21,225 --> 00:16:26,025 believe they've revised to remove any encroachment within 310 00:16:26,025 --> 00:16:28,585 the traditional 200 foot shoreline jurisdiction and outside 311 00:16:28,585 --> 00:16:30,905 of the critical areas associated with the shoreline, 312 00:16:31,225 --> 00:16:34,410 but they had to place some parking landward 313 00:16:34,410 --> 00:16:36,490 of the ordinary high watermark and close to 314 00:16:36,490 --> 00:16:38,650 the current development, but it's still due to 315 00:16:38,650 --> 00:16:41,770 the floodway would be considered. So there is 316 00:16:41,770 --> 00:16:45,290 new parking proposed within shoreline jurisdiction, but not 317 00:16:45,290 --> 00:16:49,165 within traditional shoreline, but extended shoreline. Correct. Okay, 318 00:16:49,165 --> 00:16:55,404 alright. So the public hearing objective is to 319 00:16:55,404 --> 00:16:57,485 review the level two SSDP with the conditional 320 00:16:57,485 --> 00:17:00,524 use permit, and this is pursuant to Chapter 321 00:17:00,524 --> 00:17:04,569 90.58 of the RCW section 8.7 of the 322 00:17:04,569 --> 00:17:14,970 SMP and Cowlitz County code 18.56.055. So the 323 00:17:14,970 --> 00:17:19,964 applicant proposes 37 campsites on 12.76 acres of 324 00:17:19,964 --> 00:17:24,845 land. They've proposed 10 hype domes, nine drop 325 00:17:24,845 --> 00:17:27,724 structures, and both of those are prefabricated structures. 326 00:17:27,724 --> 00:17:30,605 And I've included some image examples in the 327 00:17:30,605 --> 00:17:34,090 presentation. They also proposed four camping pods which 328 00:17:34,090 --> 00:17:37,210 will include three tents each in addition to 329 00:17:37,210 --> 00:17:40,650 four individual tent camping sites and two recreational 330 00:17:40,650 --> 00:17:44,090 vehicle sites. There's some density calculations that go 331 00:17:44,090 --> 00:17:47,435 into proposed campgrounds and the density is 15 332 00:17:47,435 --> 00:17:50,395 camping spaces per gross acre. And so there 333 00:17:50,395 --> 00:17:52,715 are 37 proposed sites is well below the 334 00:17:52,715 --> 00:17:55,755 maximum of 191.4 camping sites that the site 335 00:17:55,755 --> 00:18:00,090 could support. The project also proposes to utilize 336 00:18:00,090 --> 00:18:02,970 and remodel some existing structures. They proposed to 337 00:18:02,970 --> 00:18:06,249 remodel one existing structure into a caretaker residence 338 00:18:06,250 --> 00:18:08,250 and another of the existing structures into an 339 00:18:08,250 --> 00:18:12,105 event center. They're also proposing some pertinent project 340 00:18:12,105 --> 00:18:16,665 development, including a road, parking, walkway, landscaping, and 341 00:18:16,665 --> 00:18:21,705 utility improvements associated with campground operation. These are 342 00:18:21,705 --> 00:18:26,560 examples of hype domes. They're small prefabricated domes 343 00:18:26,560 --> 00:18:29,520 that are used for camping or for recreational 344 00:18:29,520 --> 00:18:33,920 uses. And these are examples of drop structures. 345 00:18:34,160 --> 00:18:37,360 I believe that they are essentially prefabricated tiny 346 00:18:37,360 --> 00:18:43,975 homes or very small cabins. The property is 347 00:18:43,975 --> 00:18:46,135 bordered by it to the North by the 348 00:18:46,295 --> 00:18:48,535 Clam River Road. And the majority of the 349 00:18:48,535 --> 00:18:50,855 properties to the North are designated forest land 350 00:18:50,855 --> 00:18:53,175 with some undeveloped land, not in the DFL 351 00:18:53,175 --> 00:18:57,520 classification. Single family residences exist beyond the undeveloped 352 00:18:57,520 --> 00:19:00,000 land and designated forest land that borders it. 353 00:19:00,640 --> 00:19:02,320 The land is bordered to the South directly 354 00:19:02,320 --> 00:19:04,160 by the Clamber River and then beyond the 355 00:19:04,160 --> 00:19:06,240 river is designated forest land that's owned by 356 00:19:06,240 --> 00:19:14,455 Weyerhaeuser. Your house, John's House. The land to 357 00:19:14,455 --> 00:19:16,134 the east is a cabin with a single 358 00:19:16,134 --> 00:19:19,575 family residence tax classification. I believe this structure 359 00:19:19,575 --> 00:19:22,134 is not permitted. And then beyond that is 360 00:19:22,134 --> 00:19:26,149 designated forest land. To the West adjacent is 361 00:19:26,149 --> 00:19:28,070 also land that's owned by the applicant Mr. 362 00:19:28,070 --> 00:19:30,070 Irish that will remain undeveloped in the current 363 00:19:30,070 --> 00:19:32,870 proposal and any changes to that would require 364 00:19:32,870 --> 00:19:42,175 residents and residential uses. Let's go back to 365 00:19:42,175 --> 00:19:45,215 the east. So the cabin when you say 366 00:19:45,215 --> 00:19:50,095 it's not permitted, could you, is it, does 367 00:19:50,095 --> 00:19:53,760 it predate? It predates the existence of building 368 00:19:53,760 --> 00:19:56,400 and planning. Okay, so instead of saying non 369 00:19:56,400 --> 00:19:59,280 permitted, might describe it as legally non conforming? 370 00:19:59,280 --> 00:20:07,355 Yes. I've included some aerial photos of the 371 00:20:07,355 --> 00:20:10,075 project site so you can see some of 372 00:20:10,075 --> 00:20:12,235 the current impervious surfaces in addition to some 373 00:20:12,235 --> 00:20:14,715 of the existing structures that are proposed to 374 00:20:14,715 --> 00:20:17,995 be utilized and the location to the Clamber 375 00:20:17,995 --> 00:20:24,169 River. This is just another photo from a 376 00:20:24,169 --> 00:20:37,315 different angle. Amazing. And here is a large 377 00:20:37,315 --> 00:20:40,995 scale view of the proposed development. The property 378 00:20:40,995 --> 00:20:43,075 that Mr. Irish owns to the West of 379 00:20:43,075 --> 00:20:47,410 the proposed campground will be serving to access 380 00:20:47,410 --> 00:20:53,410 through his private road or private driveway. Here 381 00:20:53,410 --> 00:20:57,170 is a closer, still hard to see. I 382 00:20:57,170 --> 00:20:59,475 believe I have a better photo here of 383 00:20:59,475 --> 00:21:02,675 the layout of the proposed campground, including the 384 00:21:02,675 --> 00:21:05,875 existing buildings, any new proposed impervious surfaces or 385 00:21:05,875 --> 00:21:10,035 new proposed development, the location of the hype 386 00:21:10,035 --> 00:21:12,675 domes, the location of the drop structures in 387 00:21:12,675 --> 00:21:15,720 addition to all of the tent camping spaces. 388 00:21:22,200 --> 00:21:25,560 And this photo is from the critical areas 389 00:21:25,560 --> 00:21:28,725 report that also shows all of the proposed 390 00:21:28,725 --> 00:21:30,885 structures in addition to the different critical areas 391 00:21:30,885 --> 00:21:34,085 that exist on-site. And so this light blue 392 00:21:34,085 --> 00:21:39,205 portion here, I don't know, just north of 393 00:21:39,205 --> 00:21:41,285 some of the camping spots, of the Klamath 394 00:21:41,285 --> 00:21:45,380 River, That is the encroachment of the drain 395 00:21:45,380 --> 00:21:48,419 field and of the proposed parking locations that 396 00:21:48,419 --> 00:21:50,980 are within the extended shoreline jurisdiction that is 397 00:21:50,980 --> 00:21:53,779 extended due to the presence of floodplain or 398 00:21:53,779 --> 00:22:02,315 floodway. Here are some photos to show postings 399 00:22:02,315 --> 00:22:05,595 of the subject property in addition to postings 400 00:22:05,595 --> 00:22:09,275 within the daily news that indicated the application 401 00:22:09,275 --> 00:22:11,595 in addition to the public hearing time and 402 00:22:11,595 --> 00:22:17,820 date. Per the comprehensive plan, rural areas are 403 00:22:17,820 --> 00:22:20,140 intended to provide for independent and private rural 404 00:22:20,140 --> 00:22:22,700 living without significant encroachment on lands used for 405 00:22:22,700 --> 00:22:25,934 commercial timber or AG production. Rural areas are 406 00:22:25,934 --> 00:22:29,295 characterized by low density residential uses compatible with 407 00:22:29,295 --> 00:22:31,615 natural land potential, small scale commercial and industrial 408 00:22:31,615 --> 00:22:34,494 uses, and tourism opportunities as I identified earlier. 409 00:22:35,934 --> 00:22:38,789 Goal land use 10 is to preserve rural 410 00:22:38,789 --> 00:22:41,669 character while respecting the interests of property owners. 411 00:22:43,270 --> 00:22:45,910 And 10.1 is to support and encourage uses 412 00:22:45,910 --> 00:22:48,470 within rural areas to sustain and are compatible 413 00:22:48,470 --> 00:22:50,870 with rural character and the current level of 414 00:22:50,870 --> 00:22:54,575 public services and facilities. Land Use Goal 10.2 415 00:22:54,575 --> 00:22:57,774 encourages and supports economic development projects in rural 416 00:22:57,774 --> 00:23:00,735 areas, particularly those which focus on natural environment 417 00:23:00,735 --> 00:23:04,575 and economic resource lands. A relatively small scale 418 00:23:04,575 --> 00:23:06,815 recreation and retreat center meets the rural land 419 00:23:06,815 --> 00:23:10,260 use goals identified within the County's comprehensive plan, 420 00:23:10,500 --> 00:23:12,580 which identifies the small scale commercial use and 421 00:23:12,580 --> 00:23:17,940 tourism opportunities. Per the submitted critical areas ordinance, 422 00:23:17,940 --> 00:23:21,514 the proposed retreat, me, critical areas assessment, the 423 00:23:21,514 --> 00:23:23,755 proposed retreat and event center should not negatively 424 00:23:23,755 --> 00:23:26,875 impact any of the critical areas on-site through 425 00:23:26,875 --> 00:23:32,714 mitigation purposes. Additionally, the submitted traffic impact analysis 426 00:23:32,794 --> 00:23:35,514 indicates that the impacted portion of Calambora Road 427 00:23:35,514 --> 00:23:38,550 and Greenwood Road is a statistically safe corridor 428 00:23:38,550 --> 00:23:41,270 of travel with adequate site distances and that 429 00:23:41,270 --> 00:23:43,270 the proposed access point will be safe and 430 00:23:43,270 --> 00:23:50,005 efficient for operation of the proposed development. Per 431 00:23:50,005 --> 00:23:52,645 Cowlitz County code eighteen point five six point 432 00:23:52,645 --> 00:23:55,045 one zero zero, the minimum size acreage for 433 00:23:55,045 --> 00:23:57,205 a campground is one half acre. The proposed 434 00:23:57,205 --> 00:23:59,525 development is on 12.76 acres of land thus 435 00:23:59,525 --> 00:24:04,340 meeting this requirement. Additionally, communal areas should be 436 00:24:04,340 --> 00:24:07,060 located to limit noise trespass, natural and landscape 437 00:24:07,060 --> 00:24:09,860 vegetation shall be maintained along existing property lines 438 00:24:09,860 --> 00:24:12,420 and within exterior setbacks to the maximum extent 439 00:24:12,420 --> 00:24:15,794 possible. So the applicant has proposed to place 440 00:24:15,875 --> 00:24:20,035 all communal areas removed from property boundaries and 441 00:24:20,035 --> 00:24:22,835 located to reduce all potential noise trespass onto 442 00:24:22,835 --> 00:24:28,160 neighboring parcels within reasonable expectations. The applicant has 443 00:24:28,160 --> 00:24:31,519 also proposed to maintain natural and landscape vegetation 444 00:24:31,600 --> 00:24:34,160 along exterior property lines and setbacks to meet 445 00:24:34,160 --> 00:24:38,880 screening requirements. So lighting shall be provided at 446 00:24:38,880 --> 00:24:42,554 internal intersections and outdoor communal areas, and a 447 00:24:42,554 --> 00:24:44,315 condition of approval would be that all lighting 448 00:24:44,315 --> 00:24:47,115 shall be shielded and angled downward to limit 449 00:24:47,115 --> 00:24:52,475 potential light trespass to adjacent properties. And some 450 00:24:52,475 --> 00:24:55,034 of our findings regarding shoreline management and shoreline 451 00:24:55,034 --> 00:25:00,730 master program compliance. Because the proposed recreational development 452 00:25:00,730 --> 00:25:03,450 use is within a rural conservancy, shoreline environment 453 00:25:03,450 --> 00:25:06,090 designation, it does require the level two shoreline 454 00:25:06,250 --> 00:25:09,450 and the presence of a transportation use, which 455 00:25:09,450 --> 00:25:12,405 is the new proposed parking, it requires the 456 00:25:12,405 --> 00:25:15,205 conditional use permit as well. And while the 457 00:25:15,205 --> 00:25:17,205 proposed development is to be outside of the 458 00:25:17,205 --> 00:25:22,245 combined 160 foot shoreline buffer and the building 459 00:25:22,245 --> 00:25:25,549 setback, the shoreline jurisdiction extends beyond the traditional 460 00:25:25,549 --> 00:25:28,590 200 feet, due to the presence of the 461 00:25:28,590 --> 00:25:32,669 floodway. And per the submitted critical areas assessment, 462 00:25:32,669 --> 00:25:34,429 the retreat and event center has been designed 463 00:25:34,429 --> 00:25:37,230 to avoid direct impacts to the on-site wetland, 464 00:25:37,555 --> 00:25:41,235 riparian and shoreline habitat. There was also a 465 00:25:41,235 --> 00:25:44,275 cultural resources survey that was conducted and they 466 00:25:44,275 --> 00:25:48,355 found no evidence of archeological items and they 467 00:25:48,355 --> 00:25:51,155 recommended no further archeological work to be warranted 468 00:25:51,155 --> 00:25:53,270 in the project area, but a condition of 469 00:25:53,270 --> 00:25:55,990 approval would still be the presence of inadvertent 470 00:25:55,990 --> 00:25:59,909 discovery language standard for projects within the shoreline. 471 00:26:01,590 --> 00:26:04,950 So in conclusion, the individual findings and conclusions 472 00:26:04,950 --> 00:26:08,065 stated within the staff report establishes that the 473 00:26:08,065 --> 00:26:10,225 proposal either meets or can be conditioned to 474 00:26:10,225 --> 00:26:13,265 meet the Cowlitz County land use standards, the 475 00:26:13,265 --> 00:26:17,265 campground code, the standards established in the shoreline 476 00:26:17,265 --> 00:26:19,985 master program, and the criteria for granting a 477 00:26:19,985 --> 00:26:23,200 substantial shoreline development permit within a shoreline of 478 00:26:23,200 --> 00:26:25,919 the state. Completion of this project if constructed 479 00:26:25,919 --> 00:26:28,400 and as conditioned within the staff report will 480 00:26:28,400 --> 00:26:31,120 therefore be consistent with the Shoreline Management Act, 481 00:26:31,120 --> 00:26:34,559 the County Shoreline Management Master Program, and existing 482 00:26:34,559 --> 00:26:39,445 land uses nearby to the project area. Thank 483 00:26:39,445 --> 00:26:41,365 you. I've got a few questions, Mr. Kritz. 484 00:26:41,365 --> 00:26:44,805 Actually a number of them in no particular 485 00:26:44,805 --> 00:26:47,845 order. Before I do so, I should mildly 486 00:26:47,845 --> 00:26:54,049 correct myself on what happens after this hearing. 487 00:26:54,210 --> 00:26:57,250 It's a bit more complicated than the simple 488 00:26:57,250 --> 00:27:00,930 explanation I gave. So again, there are three 489 00:27:00,930 --> 00:27:04,755 different things that are being sought today. A 490 00:27:04,755 --> 00:27:09,715 shoreline substantial development permit, a shoreline conditional use 491 00:27:09,715 --> 00:27:14,275 permit, and a campground binding site plan approval. 492 00:27:14,755 --> 00:27:16,755 So each of those has a slightly different 493 00:27:16,755 --> 00:27:20,090 path forward after today's hearing, which I wasn't 494 00:27:20,090 --> 00:27:23,770 very good at explaining. So the shoreline substantial 495 00:27:23,770 --> 00:27:26,890 development permit, if I approve it, then goes 496 00:27:26,890 --> 00:27:29,610 to the Department of Ecology for a twenty 497 00:27:29,610 --> 00:27:32,890 one day review process. That's simply to review 498 00:27:32,890 --> 00:27:34,775 my decision and make sure that it is 499 00:27:34,775 --> 00:27:40,695 consistent with requirements. The shoreline conditional use permit, 500 00:27:41,735 --> 00:27:45,735 my decision is a recommendation only, and it's 501 00:27:45,735 --> 00:27:48,535 not the final decision. Rather, the Department of 502 00:27:48,535 --> 00:27:52,360 Ecology issues the final determination on a conditional 503 00:27:52,360 --> 00:27:55,480 use permit. So that decision is made by 504 00:27:55,480 --> 00:28:00,919 that agency based upon my decision. And then 505 00:28:00,919 --> 00:28:04,455 thirdly is the campground binding site plan that 506 00:28:04,455 --> 00:28:07,335 does not go to ecology and anyone who 507 00:28:07,335 --> 00:28:11,335 wished to felt aggrieved by my decision there 508 00:28:11,894 --> 00:28:14,934 would seek remedy through the county under the 509 00:28:14,934 --> 00:28:17,789 Land Use Petition Act. So again, that's a 510 00:28:17,789 --> 00:28:20,190 fuller explanation of all the things that are 511 00:28:20,190 --> 00:28:22,110 taking place today. It's a bit more complicated 512 00:28:22,110 --> 00:28:27,549 than the standard package. Okay. In no particular 513 00:28:27,549 --> 00:28:29,150 order, Mr. Feitzler, I'd like to first to 514 00:28:29,150 --> 00:28:34,645 talk about water, potable water. We have, what 515 00:28:34,645 --> 00:28:36,804 I assume is a reliance on the existing 516 00:28:36,804 --> 00:28:46,740 exempt well for water for this project. So 517 00:28:46,740 --> 00:28:54,980 the project describes a caretaker's residence, a center, 518 00:28:56,340 --> 00:28:59,675 two shower buildings, and then potable water necessary 519 00:28:59,675 --> 00:29:05,355 for 30 some camping sites. That well cannot 520 00:29:05,355 --> 00:29:10,235 exceed 5,000 gallons per day. And it's providing 521 00:29:10,635 --> 00:29:14,630 water to a lot of individuals, including children. 522 00:29:15,190 --> 00:29:18,470 If by comparison, we were talking about a 523 00:29:18,470 --> 00:29:23,670 six lot subdivision using one well, we would 524 00:29:23,670 --> 00:29:25,990 need to have a Class B well system 525 00:29:26,835 --> 00:29:29,875 and all six of those houses would have 526 00:29:29,875 --> 00:29:33,475 to share that 5,000 square or 5,000 gallons 527 00:29:33,475 --> 00:29:35,075 of water per day and make sure that 528 00:29:35,075 --> 00:29:37,554 they didn't use more than that. If we 529 00:29:37,554 --> 00:29:42,480 were ahead of 20 lot division, we'd have 530 00:29:42,480 --> 00:29:44,720 to have a class A water system. And 531 00:29:44,720 --> 00:29:46,640 again, we'd have to have evidence that no 532 00:29:46,640 --> 00:29:48,480 more water is being used than what is 533 00:29:48,480 --> 00:29:51,919 allowed under law. What I'm concerned here is 534 00:29:52,480 --> 00:29:56,825 I don't find a discussion about water use 535 00:29:56,825 --> 00:30:02,825 and water restrictions. And I'm wanting to make 536 00:30:02,825 --> 00:30:07,145 certain that if approved, this system would not 537 00:30:07,145 --> 00:30:10,270 use more than it's allowed. And more importantly, 538 00:30:10,510 --> 00:30:13,470 that the water being used by paying guests 539 00:30:13,470 --> 00:30:16,830 is in fact a good water, clean water. 540 00:30:17,870 --> 00:30:21,550 So I don't see any conditions or discussion 541 00:30:22,435 --> 00:30:29,155 about water, it's limitations on capacity or limitations 542 00:30:29,155 --> 00:30:34,035 on allowed use or upon its treatment. But 543 00:30:34,035 --> 00:30:36,195 at a minimum, seems to me that this 544 00:30:36,195 --> 00:30:38,340 should be a system that falls at least 545 00:30:38,340 --> 00:30:41,540 under class B standards, perhaps under class A 546 00:30:41,540 --> 00:30:46,660 standards for monitoring and regulation to ensure that 547 00:30:46,660 --> 00:30:49,140 a lot of paying customers are in fact 548 00:30:49,140 --> 00:30:53,315 utilizing clean water. So I'd like to come 549 00:30:53,315 --> 00:30:55,635 back to that or let the parties come 550 00:30:55,635 --> 00:30:57,554 back to that and perhaps there's more information 551 00:30:57,554 --> 00:30:59,955 that I haven't received or is it something 552 00:30:59,955 --> 00:31:09,759 that I need to receive more about? Do 553 00:31:09,759 --> 00:31:12,000 you happen to know the answers to any 554 00:31:12,000 --> 00:31:15,679 of those questions as we sit here? I 555 00:31:15,679 --> 00:31:17,265 do not. I believe that they were just 556 00:31:17,265 --> 00:31:19,505 going to acquire all necessary permits through environmental 557 00:31:19,505 --> 00:31:22,145 health to verify the quality of the water 558 00:31:22,145 --> 00:31:25,265 and receive their permits necessary for campground operation. 559 00:31:30,080 --> 00:31:35,520 Let's change the water subject slightly to firefighting. 560 00:31:36,080 --> 00:31:44,304 So what is the closest station to this 561 00:31:44,304 --> 00:31:47,345 site? Do you know? I do not. The 562 00:31:47,345 --> 00:31:50,465 initial site that was proposed has been closed. 563 00:31:50,465 --> 00:31:53,665 Right. But the fire marshal provided comments that 564 00:31:53,665 --> 00:31:56,740 indicated that they would have to meet all 565 00:31:56,740 --> 00:31:59,940 international fire code in addition to the Cowlitz 566 00:31:59,940 --> 00:32:02,179 County Code on Wildland Fire Urban or the 567 00:32:02,179 --> 00:32:12,135 Wildland Urban Interface for Fire Protection. The fire 568 00:32:12,135 --> 00:32:16,375 district did not elaborate on those requirements. They 569 00:32:16,375 --> 00:32:21,895 did not, okay. And like projects elsewhere, it's 570 00:32:21,895 --> 00:32:25,815 often been obligated where there's some distance from 571 00:32:26,320 --> 00:32:33,360 an available station to expect a water reservoir 572 00:32:33,600 --> 00:32:39,040 that maintains an assured minimum quantity and an 573 00:32:40,080 --> 00:32:43,935 assured capacity that is fire pressure, how much 574 00:32:43,935 --> 00:32:47,695 it can deliver, how quickly, etcetera. And so 575 00:32:47,695 --> 00:32:50,735 I don't see any discussion about that and 576 00:32:50,735 --> 00:32:52,735 I don't know what the district may have 577 00:32:52,735 --> 00:32:54,760 meant by its comments. So I'm a little 578 00:32:54,760 --> 00:32:58,440 bit curious about all that. Again, we were 579 00:32:58,440 --> 00:33:01,080 on a dead end road where some distance, 580 00:33:01,080 --> 00:33:05,000 substantial distance from any fire department or fire 581 00:33:05,000 --> 00:33:08,405 station, I should say. And we're in the 582 00:33:08,405 --> 00:33:13,125 woods with surrounding residences. Firefighting has been a 583 00:33:13,285 --> 00:33:16,005 concern expressed by a number of written comments. 584 00:33:16,325 --> 00:33:20,005 And so I share that concern. I'm curious 585 00:33:20,005 --> 00:33:22,289 as to some of the answers to those 586 00:33:22,289 --> 00:33:31,169 questions. There is a discussion of there being 587 00:33:31,169 --> 00:33:33,570 fire pits on the site. I think there's 588 00:33:33,570 --> 00:33:35,409 two proposed pits. Do you know where they 589 00:33:35,409 --> 00:33:44,655 are located? I do not. Okay. Again, I 590 00:33:44,655 --> 00:33:47,775 apologize for these questions being somewhat all over 591 00:33:47,775 --> 00:33:49,934 the place. There's no particular order to them, 592 00:33:49,934 --> 00:33:54,510 bear with me. As to the proposed septic 593 00:33:54,510 --> 00:34:00,190 system, the diagram that you have pulled up 594 00:34:00,350 --> 00:34:04,910 shows the primary and reserve drain fields in 595 00:34:04,910 --> 00:34:08,965 proximity to, well, all other development as well 596 00:34:08,965 --> 00:34:11,925 as to the flood plain and flood way. 597 00:34:13,205 --> 00:34:16,405 It doesn't, where would I look to find 598 00:34:16,565 --> 00:34:33,520 the tank? I don't see it. I believe 599 00:34:33,520 --> 00:34:36,239 the Joma Design may be able to answer. 600 00:34:36,239 --> 00:34:40,714 Okay, sorry. Here's my question. In a similar 601 00:34:40,714 --> 00:34:42,635 project I was asked to consider in Lewis 602 00:34:42,635 --> 00:34:48,234 County. In that instance, there was a public 603 00:34:49,755 --> 00:34:55,380 restroom facilities with tanks that were within or 604 00:34:55,380 --> 00:34:58,580 near floodway. And in that instance, it was 605 00:34:58,580 --> 00:35:01,220 required that those tanks be sealed so that 606 00:35:01,220 --> 00:35:04,980 they can't be surcharged by floodwaters and forced 607 00:35:04,980 --> 00:35:08,845 open just by the hydro, the power of 608 00:35:08,845 --> 00:35:12,605 water. And so again, I don't see any 609 00:35:12,605 --> 00:35:18,605 discussion here of wastewater system and its management 610 00:35:18,605 --> 00:35:24,260 to assure that floodwaters cannot invade and degrade 611 00:35:24,340 --> 00:35:27,460 that system. Do you happen to know any 612 00:35:27,460 --> 00:35:30,340 of the answers to that question? Yes, sorry, 613 00:35:30,340 --> 00:35:32,020 I did not elaborate in the staff report. 614 00:35:32,020 --> 00:35:35,300 16.25, I conditioned that they would follow all 615 00:35:35,994 --> 00:35:37,915 requirements of that. That is our floodplain management 616 00:35:37,915 --> 00:35:42,795 ordinance, which identifies that on-site sewage treatment facilities 617 00:35:43,195 --> 00:35:47,755 must be properly located or designed to avoid 618 00:35:47,755 --> 00:35:50,635 infiltration of floodwaters and discharge of waste into 619 00:35:50,635 --> 00:36:02,210 flood water. And that's wastewater. Let's turn to 620 00:36:02,210 --> 00:36:11,585 storm water. Briefly, if you could describe for 621 00:36:11,585 --> 00:36:17,025 me the stormwater plan, and again, the applicant 622 00:36:17,025 --> 00:36:20,700 undoubtedly can do that more fully, but to 623 00:36:20,700 --> 00:36:24,860 your understanding of the stormwater plan and particularly 624 00:36:26,300 --> 00:36:30,220 whether it is requiring stormwater for all existing 625 00:36:31,660 --> 00:36:35,795 improvements since we are converting their use, they're 626 00:36:35,795 --> 00:36:39,155 no longer exempt from storm water requirements. And 627 00:36:39,155 --> 00:36:41,395 so there needs to be a demonstration that 628 00:36:41,395 --> 00:36:47,315 whatever collective storm water system is receiving and 629 00:36:47,315 --> 00:36:51,299 treating not just the new stormwater, but all 630 00:36:51,299 --> 00:36:55,940 stormwater from the past and future. And I'm 631 00:36:55,940 --> 00:36:57,940 curious if you know that whether or not 632 00:36:57,940 --> 00:37:01,220 that's been addressed. I believe Public Works could 633 00:37:01,220 --> 00:37:04,275 address that. They manage the stormwater aspect, but 634 00:37:04,275 --> 00:37:06,115 I do know that the project would be 635 00:37:06,115 --> 00:37:08,675 viewed cumulatively, not just for the new proposed 636 00:37:08,675 --> 00:37:10,515 development and that the stormwater plan would have 637 00:37:10,515 --> 00:37:34,575 to address that. All right. One of the 638 00:37:34,575 --> 00:37:37,695 things I am obligated to do, or one 639 00:37:37,695 --> 00:37:40,415 of the findings I need to make with 640 00:37:40,415 --> 00:37:43,615 respect to the campground is that I find 641 00:37:43,615 --> 00:37:48,550 compatibility with surrounding uses. Uses. That's not required 642 00:37:48,550 --> 00:37:50,869 at the shoreline permits, but is required at 643 00:37:50,869 --> 00:37:53,510 the campground permit. And so I wanna talk 644 00:37:53,510 --> 00:37:59,670 about compatibility a little bit. In particular, I 645 00:37:59,670 --> 00:38:02,195 don't see a set of proposed rules for 646 00:38:02,195 --> 00:38:08,035 this campground. I take the staff report as 647 00:38:08,035 --> 00:38:11,555 suggesting that the applicant will be expected to 648 00:38:11,555 --> 00:38:15,510 establish rules, but I think there's a chicken 649 00:38:15,510 --> 00:38:17,350 and egg thing going on here. I think 650 00:38:17,350 --> 00:38:19,590 I need to see those rules. I don't 651 00:38:19,590 --> 00:38:21,750 think it's, I can leave that to anybody 652 00:38:21,750 --> 00:38:24,390 else. I think any rules for the use 653 00:38:24,390 --> 00:38:26,550 must come before me and I must decide 654 00:38:26,550 --> 00:38:30,915 if they're satisfactory. Otherwise I can't determine compatibility. 655 00:38:31,555 --> 00:38:34,115 So just as a heads up, I'm gonna 656 00:38:34,115 --> 00:38:36,994 need to see a proposed collective set of 657 00:38:36,994 --> 00:38:41,234 rules for operation to determine whether in fact, 658 00:38:42,194 --> 00:38:45,700 restricted that the project would in fact be 659 00:38:45,700 --> 00:38:49,220 compatible with its surrounding uses. And that might 660 00:38:49,220 --> 00:38:57,325 include active hours, quiet hours, noise limitations, restrictions 661 00:38:57,325 --> 00:39:06,445 on pets, restrictions on fireworks and firearms, any 662 00:39:06,445 --> 00:39:11,880 other restrictions that may be appropriate. And so 663 00:39:11,880 --> 00:39:15,160 that collective set needs to be put together 664 00:39:15,160 --> 00:39:18,440 and I need to examine it for its 665 00:39:18,599 --> 00:39:27,775 consistency. Let's turn to landscaping. I understand that 666 00:39:27,775 --> 00:39:31,935 the project relies on existing landscaping to the 667 00:39:31,935 --> 00:39:35,055 west, that being the applicant's remaining 10 acres. 668 00:39:35,055 --> 00:39:38,015 It's effectively a 10 acre park next to 669 00:39:38,015 --> 00:39:43,170 the site providing substantial vegetative buffering to properties 670 00:39:43,170 --> 00:39:45,650 to the west. Properties to the north are 671 00:39:45,650 --> 00:39:48,850 largely separated by county roads. And so we 672 00:39:48,850 --> 00:39:52,050 have a separation already, as well as the 673 00:39:52,050 --> 00:39:54,050 vegetation that lies to the north of the 674 00:39:54,050 --> 00:39:57,494 entrance driveway. When I am to the south, 675 00:39:57,494 --> 00:40:02,695 obviously we a natural buffer in the river. 676 00:40:03,175 --> 00:40:04,855 To the east is where I'm a little 677 00:40:04,855 --> 00:40:08,319 bit less certain as to the buffering. The 678 00:40:08,319 --> 00:40:11,040 applicant proposes to maintain a vegetative buffer on 679 00:40:11,040 --> 00:40:15,359 its borders. And that's why we come back 680 00:40:15,359 --> 00:40:18,799 to this cabin to the east and it's 681 00:40:18,799 --> 00:40:22,945 screening from this project. And so I do 682 00:40:22,945 --> 00:40:26,945 certainly see extensive vegetative buffering along the Northeast 683 00:40:26,945 --> 00:40:30,465 Corner, but south of that buffering, I'm wondering 684 00:40:30,465 --> 00:40:34,799 what's intended to ensure that no part of 685 00:40:34,799 --> 00:40:37,839 this use or any of its guests wander 686 00:40:37,839 --> 00:40:42,000 into adjoining properties to the east. And so 687 00:40:42,240 --> 00:40:45,039 any thought given about that today? Yes, a 688 00:40:45,039 --> 00:40:47,775 condition of approval would be plantings and screening 689 00:40:47,775 --> 00:40:50,974 set up to provide protection to the Southeast 690 00:40:50,974 --> 00:40:57,855 Corner. Okay. And while a fence might in 691 00:40:57,855 --> 00:41:01,799 many instances be considered an appropriate buffer, we're 692 00:41:01,799 --> 00:41:05,319 in shoreline territory and fences would be inconsistent 693 00:41:05,319 --> 00:41:16,765 with shoreline restrictions. Mr. Kreitzert, would you maybe 694 00:41:16,765 --> 00:41:19,405 for the benefit as much for the public 695 00:41:19,405 --> 00:41:24,365 as for me, give me a quick summation 696 00:41:24,365 --> 00:41:29,279 of the mitigation plan for the impacts to 697 00:41:29,279 --> 00:41:32,720 primarily to wetland buffers, as well as to 698 00:41:32,720 --> 00:41:35,119 some extent as part of the conditional use, 699 00:41:35,119 --> 00:41:38,640 guess. Tell us a little bit more about 700 00:41:38,640 --> 00:41:44,605 mitigation on-site to those impacts. Yes, of course. 701 00:41:44,605 --> 00:41:47,085 I believe Ashiko may be able to add 702 00:41:47,085 --> 00:41:50,445 additional information, but they were proposing to place 703 00:41:50,445 --> 00:41:54,800 signs and indicators to avoid wetland buffer in 704 00:41:54,800 --> 00:41:57,040 addition to a replanting and mitigation plan to 705 00:41:57,040 --> 00:41:59,920 provide natural vegetation to offset any of the 706 00:41:59,920 --> 00:42:04,160 potential impacts to the wetland buffers that would 707 00:42:04,160 --> 00:42:08,865 be created through development as proposed. Okay. And 708 00:42:08,865 --> 00:42:11,585 it's fortuitous that we have in front of 709 00:42:11,585 --> 00:42:16,865 us the aerial photo showing not only the 710 00:42:16,865 --> 00:42:23,030 existing conditions, but proposed changes To the southerly 711 00:42:23,030 --> 00:42:25,590 portion of the site, there's a lot of 712 00:42:25,670 --> 00:42:30,550 bright greenish yellow dots. Are those proposed mitigation 713 00:42:30,550 --> 00:42:37,165 plantings? Yes, I believe so. Okay. So the 714 00:42:37,165 --> 00:42:42,685 mitigation plan proposes to plant through that area 715 00:42:42,845 --> 00:42:47,485 to improve? My mistake, it's existing trees. Oh, 716 00:42:47,485 --> 00:42:50,579 those are existing trees. Okay. So the new 717 00:42:50,740 --> 00:42:54,420 vegetation or added vegetation for mitigation would be 718 00:42:54,420 --> 00:43:05,105 rare relative to those trees. The the hashed 719 00:43:05,105 --> 00:43:10,305 portion on the bottom portion of the project. 720 00:43:19,589 --> 00:43:23,990 A one to one wetland buffer enhancement on 721 00:43:23,990 --> 00:43:28,230 the southwest corner. Oh, okay. Alright. So it'd 722 00:43:28,230 --> 00:43:31,190 be southwest of those trees in the portion 723 00:43:31,190 --> 00:43:34,994 between the orange and blue lines? Yes. Okay. 724 00:43:36,194 --> 00:43:44,994 Strip all the way along. That's in addition 725 00:43:44,994 --> 00:43:47,795 to a strip along the ordinary high watermark 726 00:43:47,795 --> 00:43:53,260 for one one enhancement. Where is that? Along 727 00:43:53,260 --> 00:43:56,300 the southeast portion in between the maroon or 728 00:43:56,300 --> 00:43:59,900 red line and the blue line. Okay. Okay. 729 00:44:11,675 --> 00:44:16,670 At the request of the, I'm not sure 730 00:44:16,670 --> 00:44:19,309 if it was DNR or Forest Fish and 731 00:44:19,309 --> 00:44:21,869 Wildlife, think it was Fish and Wildlife, you 732 00:44:21,869 --> 00:44:26,670 imposed certain proposed language restricting access to the 733 00:44:26,670 --> 00:44:30,815 river during March to June in protection of 734 00:44:31,055 --> 00:44:40,815 salmonoid fry. But it's a discouragement. It's not 735 00:44:40,815 --> 00:44:44,015 an actual restriction on access to the river 736 00:44:44,015 --> 00:44:47,400 during that time. The proposed language is a 737 00:44:47,400 --> 00:44:52,760 bit in between. It's not really doing anything 738 00:44:52,760 --> 00:44:55,880 other than kind of finger wagging without actually 739 00:44:59,445 --> 00:45:02,725 guaranteeing that the river is kept in violet 740 00:45:02,725 --> 00:45:06,165 during that time. Any thoughts on, I mean, 741 00:45:06,165 --> 00:45:07,925 how does the county feel about that? Is 742 00:45:07,925 --> 00:45:10,885 it feel that's good enough? Does it have 743 00:45:10,885 --> 00:45:13,925 any thoughts about making sure that if the 744 00:45:13,925 --> 00:45:16,710 project is approved, that there'll be no net 745 00:45:16,710 --> 00:45:19,030 loss of the biological function of the river 746 00:45:19,030 --> 00:45:23,030 relative to salmonoid species. What does the county 747 00:45:23,030 --> 00:45:31,655 think? I believe as proposed, it meets the 748 00:45:31,735 --> 00:45:36,615 Callis County code for protection for the buffers 749 00:45:36,615 --> 00:45:41,975 and for the ecosystem. But that is a 750 00:45:41,975 --> 00:45:43,895 condition that we can revisit to further ensure 751 00:45:43,895 --> 00:45:47,849 that there is no, me try that in 752 00:45:47,849 --> 00:45:50,569 a less subtle way. If I were to 753 00:45:50,569 --> 00:45:55,050 approve this project ultimately after everything, and I 754 00:45:55,050 --> 00:45:57,450 insisted, I imposed a condition that there would 755 00:45:57,450 --> 00:46:00,414 be no river access during those months, How 756 00:46:00,414 --> 00:46:06,414 would the county respond to that? Think we'd 757 00:46:06,414 --> 00:46:08,015 like to hear, sorry, could I be sworn 758 00:46:08,015 --> 00:46:10,895 in? Yes. So you sworn, you swear to 759 00:46:10,895 --> 00:46:12,255 tell the truth, the whole truth and nothing 760 00:46:12,255 --> 00:46:14,655 but the truth. Yep, Adam Trimble, Planning Manager. 761 00:46:15,055 --> 00:46:19,800 And so again, if the applicant is accepting 762 00:46:19,800 --> 00:46:22,840 of that condition, then that would be the 763 00:46:22,840 --> 00:46:28,040 condition that the county recommends for approval. As 764 00:46:28,040 --> 00:46:34,645 proposed with mitigation submitted, the applicant has prepared 765 00:46:35,125 --> 00:46:38,565 a plan that would keep that river intact 766 00:46:38,565 --> 00:46:42,005 during those months with signage and various other 767 00:46:42,005 --> 00:46:46,079 controls of their property. So the condition as 768 00:46:46,079 --> 00:46:50,480 written is our initial recommendation, but the applicant 769 00:46:50,559 --> 00:46:52,800 and the county may wish to agree that 770 00:46:53,359 --> 00:46:57,755 a more strict conditional approval is necessary. Well, 771 00:46:57,755 --> 00:46:59,915 that's not how, okay. The parties can talk 772 00:46:59,915 --> 00:47:03,115 about it and think about suggesting something. The 773 00:47:03,115 --> 00:47:04,955 question I was posing is if I say 774 00:47:04,955 --> 00:47:08,715 it, if I intend to do that, does 775 00:47:08,715 --> 00:47:10,715 the county have some strong opposition to my 776 00:47:10,715 --> 00:47:14,020 doing so and why? That was what I 777 00:47:14,020 --> 00:47:22,580 was trying to ask. The county's recommendation is 778 00:47:22,660 --> 00:47:27,125 in the staff report. The restriction and the 779 00:47:27,125 --> 00:47:29,765 amenity of this property is the river. So, 780 00:47:29,925 --> 00:47:31,605 you know, right now the position of the 781 00:47:31,605 --> 00:47:34,005 county is that the applicant can manage that 782 00:47:34,005 --> 00:47:36,565 access and control it and protect the river. 783 00:47:36,645 --> 00:47:53,700 Okay. I think we're about there, Mr. Kreitzer. 784 00:47:53,700 --> 00:48:03,275 Let me just double check. Those do complete 785 00:48:03,275 --> 00:48:05,434 the questions I have for county staff. And 786 00:48:05,434 --> 00:48:08,075 does that complete then the county's presentation? Yes, 787 00:48:08,075 --> 00:48:11,720 it does. We'll turn then to the applicant 788 00:48:12,360 --> 00:48:18,600 and, oh, one last housekeeping matter. The county 789 00:48:18,600 --> 00:48:22,040 was relying upon a PowerPoint presentation for its 790 00:48:22,280 --> 00:48:25,495 testimony today. I wanna make that presentation an 791 00:48:25,495 --> 00:48:31,495 exhibit that becomes exhibit 100. And I wish 792 00:48:31,495 --> 00:48:34,615 a copy sent to me electronically following the 793 00:48:34,615 --> 00:48:46,550 hearing. So as to the applicant then, who 794 00:48:46,550 --> 00:48:49,475 am I to anticipate hearing from today? Good 795 00:48:49,475 --> 00:48:56,595 morning. And you are? Good morning, Mr. Hearing 796 00:48:56,595 --> 00:49:00,275 Examiner. My name is Byron Johlma with Johlma 797 00:49:00,275 --> 00:49:04,539 Design. And I'm here to my left is 798 00:49:04,539 --> 00:49:10,779 Andrea Aberle with Asheco. And how is Asheco 799 00:49:10,779 --> 00:49:15,260 spelled? A S H E C O. Okay, 800 00:49:15,260 --> 00:49:20,235 thank you. Are you anticipating that both of 801 00:49:20,235 --> 00:49:25,835 you will testify today? Well, I anticipate that 802 00:49:25,915 --> 00:49:29,210 Ms. Aberlewy will be responding to the questions 803 00:49:29,210 --> 00:49:33,609 regarding the environmental, the critical areas. And we 804 00:49:33,609 --> 00:49:37,609 also have in attendance virtually the traffic engineer 805 00:49:37,609 --> 00:49:49,085 as well. Mr. Chris Klimau. And how is 806 00:49:49,085 --> 00:49:53,005 his last name spelled? C L E M 807 00:49:53,005 --> 00:50:00,520 O W. Okay. So again, Mr. Joelma, this 808 00:50:00,520 --> 00:50:03,240 is the applicant's opportunity to testify in response 809 00:50:03,240 --> 00:50:07,480 to the county's presentation, which is then my 810 00:50:07,480 --> 00:50:10,475 first question is, does it wish to make 811 00:50:10,475 --> 00:50:14,075 the presentation and who or how many different 812 00:50:14,075 --> 00:50:17,995 people will be making that presentation? Yes, sir. 813 00:50:17,995 --> 00:50:20,475 So we would just like to, we'll keep 814 00:50:20,475 --> 00:50:22,555 our comments brief. We would like to introduce 815 00:50:22,555 --> 00:50:26,210 the project briefly and then would be. Which 816 00:50:26,210 --> 00:50:28,210 is all great. I anticipate that. I just 817 00:50:28,210 --> 00:50:29,650 need to know who is doing it to 818 00:50:29,650 --> 00:50:33,410 know who to swear in as witnesses. Roger 819 00:50:33,410 --> 00:50:39,170 that, yeah. So myself, Byron Joma and Andrea 820 00:50:39,170 --> 00:50:46,635 Aberle, then then possibly Considering the, yes, Any 821 00:50:46,715 --> 00:50:48,715 of the comments related to the traffic concern, 822 00:50:48,715 --> 00:50:51,675 Mr. Cleemaw will Okay. As well. So as 823 00:50:51,675 --> 00:50:54,234 to you and Ms. Aberle, let's just have 824 00:50:54,234 --> 00:50:56,400 you collectively sworn, do the two of you 825 00:50:56,400 --> 00:50:58,160 swear or affirm to tell the truth, the 826 00:50:58,160 --> 00:51:00,079 whole truth and nothing but the truth? I 827 00:51:00,079 --> 00:51:03,359 do. All right. It's yours to proceed as 828 00:51:03,359 --> 00:51:08,480 you prefer. So go ahead. Yes, good morning, 829 00:51:08,745 --> 00:51:12,585 Mr. Arias Amater, members of staff and those 830 00:51:12,585 --> 00:51:15,385 public who are in attendance. My name is 831 00:51:15,385 --> 00:51:19,305 Byron Johlman with Johlman Design and I am 832 00:51:19,305 --> 00:51:24,170 the project engineer of record. And as mentioned, 833 00:51:24,170 --> 00:51:29,130 I also in attendance are the biologist Andrea 834 00:51:29,130 --> 00:51:35,205 Aberle and the traffic engineer Chris Deverclimao. And 835 00:51:35,285 --> 00:51:38,725 yeah, like I said, I'll keep my comments 836 00:51:38,725 --> 00:51:42,805 brief here. We have no objections to the 837 00:51:42,885 --> 00:51:46,980 current conditions outlined in the staff report. I 838 00:51:46,980 --> 00:51:50,500 can answer a couple of the questions that 839 00:51:50,500 --> 00:51:53,940 you had regarding the fire pit and the 840 00:51:53,940 --> 00:51:56,500 well as well. I wanna have a little 841 00:51:56,500 --> 00:52:02,195 clarification there. I also understand that there is, 842 00:52:02,994 --> 00:52:07,634 and there's been many concerns brought forward by 843 00:52:07,634 --> 00:52:12,880 the neighbors and in a perfect world, the 844 00:52:12,880 --> 00:52:15,760 reports and studies and plans that we prepared 845 00:52:15,760 --> 00:52:22,480 would satisfy those concerns. However, we also take 846 00:52:22,480 --> 00:52:25,840 them very seriously. The comments, particularly in the 847 00:52:25,840 --> 00:52:30,795 neighbor, those that live nearby, this is their 848 00:52:30,795 --> 00:52:34,715 neighborhood. We acknowledge and respect that. And I 849 00:52:34,715 --> 00:52:38,075 also speak for the owner as well. And 850 00:52:38,315 --> 00:52:41,755 we will be paying close attention to the 851 00:52:41,755 --> 00:52:45,990 comments made. We do stand by the design, 852 00:52:46,710 --> 00:52:49,829 the reports. Stand by the project has been 853 00:52:50,630 --> 00:52:53,509 well vetted. We believe the staff has done 854 00:52:53,509 --> 00:52:57,775 an outstanding job of ensuring that the project 855 00:52:58,335 --> 00:53:06,495 complies with the applicable code. And as I 856 00:53:06,495 --> 00:53:10,015 said, we understand there's several concerns with the 857 00:53:10,015 --> 00:53:15,170 neighbor and with the neighbors. And although we 858 00:53:15,170 --> 00:53:16,609 may not be able to answer all of 859 00:53:16,609 --> 00:53:18,530 those or address them here today, we're gonna 860 00:53:18,530 --> 00:53:21,410 do our best. And I'll also be available 861 00:53:21,810 --> 00:53:26,065 afterward, after the hearing, if anybody wants to 862 00:53:26,065 --> 00:53:28,705 speak to me personally, and I will bring 863 00:53:28,705 --> 00:53:33,345 those concerns and ideas forward or pass them 864 00:53:33,345 --> 00:53:38,065 forward to the owner. And with that, if 865 00:53:38,430 --> 00:53:42,910 you, oh yeah, I'll clarify. So the fire 866 00:53:42,910 --> 00:53:47,630 pits will be propane. And at this juncture, 867 00:53:47,630 --> 00:53:51,565 I don't believe we show a specific location 868 00:53:51,565 --> 00:53:53,645 on the plans. Those will be determined, but 869 00:53:53,645 --> 00:53:57,325 they'll be in compliance with all applicable building 870 00:53:57,325 --> 00:54:00,845 and fire code. And then there is a 871 00:54:00,845 --> 00:54:03,405 new well proposed and it is shown on 872 00:54:03,405 --> 00:54:09,370 the plans, I believe in the, is that 873 00:54:09,370 --> 00:54:12,010 in the Northeast Corner? Yes, sir. That's correct. 874 00:54:12,010 --> 00:54:14,730 The Wellhead Radius. Yes, sir. That's correct. So 875 00:54:14,730 --> 00:54:20,365 a new well will be installed prior to 876 00:54:20,365 --> 00:54:24,205 occupancy. But it's proposed as an exempt well? 877 00:54:28,204 --> 00:54:31,164 It's proposed as falling within the 5,000 gallon. 878 00:54:31,164 --> 00:54:33,085 Oh yes, sir. That is correct. Yes, sir. 879 00:54:33,180 --> 00:54:42,140 Yep. Have you had any, oh, I'm sorry. 880 00:54:42,300 --> 00:54:44,619 Were you, you have any more to say 881 00:54:44,619 --> 00:54:48,494 or? No, Nope. Entertain any questions? Have you 882 00:54:48,494 --> 00:54:52,095 had any conversations with public health about the 883 00:54:52,095 --> 00:54:56,095 well and its requirements today? Personally, I have 884 00:54:56,095 --> 00:54:58,255 not, my staff has, and we've also been 885 00:54:58,255 --> 00:55:06,950 working with a well driller. And those discussions 886 00:55:06,950 --> 00:55:09,750 did come up with regard to the need 887 00:55:09,750 --> 00:55:12,790 for a Class B or a community well 888 00:55:13,270 --> 00:55:16,505 system and we would certainly not object if 889 00:55:16,505 --> 00:55:18,825 it was found that it fell under those 890 00:55:18,825 --> 00:55:23,545 provisions. However, we are, like I said, we 891 00:55:23,545 --> 00:55:28,265 stand by the opinion or our assessment that 892 00:55:28,265 --> 00:55:46,275 it does not meet those requirements. Give me 893 00:55:46,275 --> 00:55:54,035 a second, Mr. Joelma. As the engineer, you 894 00:55:54,035 --> 00:55:56,035 would be the one more familiar with it, 895 00:55:56,035 --> 00:56:01,510 stormwater management. And to where, what stage are 896 00:56:01,510 --> 00:56:06,630 you in stormwater management design? This would be 897 00:56:06,630 --> 00:56:10,645 a preliminary stormwater design. However, typically at this 898 00:56:10,645 --> 00:56:14,484 stage, we, because of the, it is a 899 00:56:14,484 --> 00:56:16,404 critical component that we put a lot of 900 00:56:16,404 --> 00:56:18,404 effort into the design to ensure that it's 901 00:56:18,404 --> 00:56:23,605 feasible. We are proposing low impact development BMPs, 902 00:56:24,510 --> 00:56:29,390 and Kalama River is exempt from the flow 903 00:56:29,390 --> 00:56:34,750 control standards, but all runoff, including runoff from 904 00:56:34,750 --> 00:56:40,105 existing impervious or pollution generating services or surfaces 905 00:56:40,105 --> 00:56:43,945 that will mingle with storm water from pollution 906 00:56:43,945 --> 00:56:48,585 generating services will be treated and managed in 907 00:56:48,585 --> 00:56:53,440 accordance with the stormwater management manual for Western 908 00:56:53,440 --> 00:56:58,640 Washington. And how will it be resolved? Meaning 909 00:56:58,640 --> 00:57:02,559 it will infiltrate, will it anticipate to drain 910 00:57:02,559 --> 00:57:05,845 to some sort of retention facility? What is 911 00:57:05,845 --> 00:57:11,605 proposed? What's currently proposed is a combination of 912 00:57:11,684 --> 00:57:16,964 splash blocks where it will disperse through vegetated 913 00:57:19,130 --> 00:57:25,289 vegetated soils that may be amended as needed 914 00:57:25,289 --> 00:57:29,930 to meet the treatment standard and sheet flow 915 00:57:29,930 --> 00:57:33,635 dispersion. As mentioned, these are low impact development 916 00:57:33,635 --> 00:57:37,075 principles where the storm water is managed as 917 00:57:37,075 --> 00:57:40,835 close as possible to the point where it 918 00:57:40,835 --> 00:57:43,795 falls. We are not proposing any detention. As 919 00:57:43,795 --> 00:57:48,080 mentioned previously, the Glamour River at this location 920 00:57:48,080 --> 00:57:52,480 is exempt from the flow control standards. So 921 00:57:52,480 --> 00:58:08,185 therefore, detention is not required. To date, has 922 00:58:08,185 --> 00:58:11,785 the applicant begun preparation of a set of 923 00:58:11,785 --> 00:58:19,650 rules of operation? To my knowledge, no. However, 924 00:58:19,650 --> 00:58:23,250 I will pass that question on to the 925 00:58:24,290 --> 00:58:27,330 owner. I would be very surprised if that 926 00:58:27,330 --> 00:58:33,175 has not at least been is not in 927 00:58:33,175 --> 00:58:35,575 some type of draft form or isn't, but 928 00:58:35,575 --> 00:58:38,455 we will, yeah, we will pass that along 929 00:58:38,455 --> 00:58:41,470 to and you're talking about just a set 930 00:58:41,470 --> 00:58:44,190 of rules, not really necessarily like CCNRs, but 931 00:58:44,190 --> 00:58:47,230 more of just the operations and the rules 932 00:58:47,230 --> 00:58:50,430 of the campground. CCNRs would not apply, but 933 00:58:50,590 --> 00:58:52,670 a set of rules would. Right, yeah. And 934 00:58:52,670 --> 00:59:03,865 that's what I'm interested in. Okay. Okay. I 935 00:59:03,865 --> 00:59:08,880 don't have any other questions, Mr. Joma. And 936 00:59:08,880 --> 00:59:17,360 so did, Ms. Eberle, were you going to 937 00:59:17,360 --> 00:59:21,445 speak as well? Mr. Eberle, front of me, 938 00:59:21,765 --> 00:59:25,765 one topic that was brought up was regarding 939 00:59:25,765 --> 00:59:29,045 the septic tanks and your concern that they 940 00:59:29,045 --> 00:59:31,685 are not shown on the plans. Oh yes. 941 00:59:32,040 --> 00:59:34,520 If not, yeah, took another look. I do 942 00:59:34,520 --> 00:59:37,320 not see them shown a lot of times. 943 00:59:38,200 --> 00:59:42,120 I mean, we're relying on the septic designer 944 00:59:42,120 --> 00:59:44,440 and at this phase, they would typically be 945 00:59:44,440 --> 00:59:47,395 more of a, probably a schematic layout anyway. 946 00:59:47,395 --> 00:59:51,635 However, we've, at the time of construction, as 947 00:59:51,635 --> 00:59:54,915 mentioned and in the conditions of approval, they 948 00:59:55,474 --> 00:59:57,635 will be installed either outside of the flood 949 00:59:57,635 --> 01:00:00,410 plain where they could be susceptible to inundation 950 01:00:00,410 --> 01:00:04,490 with water, or if necessary to install them, 951 01:00:04,490 --> 01:00:10,250 they will be constructed with the appropriate features 952 01:00:10,250 --> 01:00:19,265 to prevent the infiltration of surface water. Okay, 953 01:00:19,265 --> 01:00:21,345 thank you. Thank you. And so again, did 954 01:00:21,345 --> 01:00:27,265 you anticipate Ms. Aberleaf's testimony as well? I 955 01:00:27,265 --> 01:00:29,090 can go over a few elements. I think 956 01:00:29,090 --> 01:00:34,770 everything's been covered. It's up to you. Or 957 01:00:34,770 --> 01:00:37,730 do you wanna just respond? I'll just clarify. 958 01:00:38,130 --> 01:00:43,465 Sandra, Avery Averly Ashikosolutions. As far as the 959 01:00:43,465 --> 01:00:49,305 critical areas go, there's the type S water, 960 01:00:49,305 --> 01:00:54,585 the shoreline, obviously the Clam River. Depicted on 961 01:00:54,585 --> 01:00:58,920 there that we're most concerned about is the 962 01:00:59,160 --> 01:01:02,840 shoreline buffer and setback, which the shoreline buffer 963 01:01:02,840 --> 01:01:05,240 is the first 150 feet from Ordinary High, 964 01:01:05,240 --> 01:01:07,480 and then there's additional 10 foot building setback. 965 01:01:07,480 --> 01:01:09,885 So the combined buffer and setback is one 966 01:01:09,885 --> 01:01:13,805 sixty. And that's the line that was held 967 01:01:13,805 --> 01:01:18,205 by all new development regarding the project as 968 01:01:18,205 --> 01:01:24,580 required by the Shoreline master plan. There is 969 01:01:24,580 --> 01:01:27,619 a 200 foot offset depicted for the traditional. 970 01:01:27,619 --> 01:01:28,980 But in this case, the full one hundred 971 01:01:28,980 --> 01:01:32,340 year floodplain is the full extent. The shoreline 972 01:01:32,500 --> 01:01:35,380 extends to the full outer limit of the 973 01:01:35,380 --> 01:01:41,715 one hundred year floodplain. The impacts that we 974 01:01:41,715 --> 01:01:44,515 are required to calculate are for within that 975 01:01:44,515 --> 01:01:49,475 inner 160 and or the wetland buffer that 976 01:01:49,475 --> 01:01:51,315 is 300 feet in this case. There was 977 01:01:51,315 --> 01:01:54,980 not a mapped wetland on-site, but we delineated 978 01:01:54,980 --> 01:01:58,580 one for riverine wetland we found along the 979 01:01:58,580 --> 01:02:02,740 shoreline that had a 300 foot buffer so 980 01:02:02,740 --> 01:02:05,220 on the other the site plan from our 981 01:02:05,220 --> 01:02:07,994 critical areas report mitigation plan The aerial view 982 01:02:07,994 --> 01:02:12,795 of that one. Impacts the buffer impacts proposed 983 01:02:12,954 --> 01:02:16,714 are in the light aqua solid shading, which 984 01:02:16,714 --> 01:02:21,210 consists of the primary septic, the new parking, 985 01:02:21,210 --> 01:02:24,250 and required fire turn turnaround around the existing 986 01:02:24,250 --> 01:02:28,090 structure, a deck, and a patio. But those 987 01:02:28,090 --> 01:02:34,585 all are outside the one sixty shoreline buffer 988 01:02:34,585 --> 01:02:37,705 and setback as required by the shoreline master 989 01:02:37,705 --> 01:02:42,505 plan. Anything outside that requires is still calculated 990 01:02:42,505 --> 01:02:45,625 as an impact and requires mitigation. But as 991 01:02:45,625 --> 01:02:50,030 far as any new development, it's outside that 992 01:02:50,030 --> 01:02:54,430 inner restricted area. To offset those impacts, there's 993 01:02:54,430 --> 01:02:58,350 shoreline buffer enhancement proposed within the aqua plus 994 01:02:58,350 --> 01:03:02,990 hatched area. So two areas along the south. 995 01:03:03,684 --> 01:03:06,005 And generally, we locate those in the area 996 01:03:06,005 --> 01:03:08,885 to extend where there's any existing tree line. 997 01:03:11,204 --> 01:03:15,285 And in this case, fairly linear to provide 998 01:03:15,285 --> 01:03:18,540 a buffer between the project and the shoreline. 999 01:03:22,859 --> 01:03:27,099 And just to clarify, they are using historic 1000 01:03:29,260 --> 01:03:36,125 footprints from structures. There's no new building proposed 1001 01:03:36,125 --> 01:03:38,525 within the floodplain or shoreline as far as 1002 01:03:38,525 --> 01:03:44,285 the structure with the exception of the flat 1003 01:03:44,285 --> 01:03:50,010 surfaces, the parking, which I only say that 1004 01:03:50,010 --> 01:03:52,890 because in shorelines, if you build up, generally 1005 01:03:52,890 --> 01:03:55,210 take away from the volume of the flood 1006 01:03:55,210 --> 01:03:56,730 plains you have to excavate. But in this 1007 01:03:56,730 --> 01:03:58,010 case, we don't need to do that. It's 1008 01:03:58,010 --> 01:04:00,704 not a requirement. So a couple of questions, 1009 01:04:00,704 --> 01:04:03,825 Ms. Iberly. The mitigation plan is a one 1010 01:04:03,825 --> 01:04:06,625 to one ratio. Correct. I don't know if 1011 01:04:06,625 --> 01:04:13,505 there is any overarching required ratio, but ratios 1012 01:04:13,505 --> 01:04:17,620 vary greatly. Oftentimes they can be no less 1013 01:04:17,620 --> 01:04:19,860 than one to one to achieve no net 1014 01:04:19,860 --> 01:04:23,220 loss, but oftentimes they're expected to be greater 1015 01:04:23,220 --> 01:04:25,620 than one to one depending on the circumstances 1016 01:04:25,620 --> 01:04:28,475 and the imposition. In this case, why do 1017 01:04:28,475 --> 01:04:29,915 you feel the one to one ratio is 1018 01:04:29,915 --> 01:04:33,435 appropriate? One to one is standard when it's 1019 01:04:33,435 --> 01:04:38,075 an impact of herbaceous or grass vegetated area 1020 01:04:38,075 --> 01:04:40,315 in the outer portion of the buffer, which 1021 01:04:40,315 --> 01:04:45,940 it is. No significant vegetation, trees, shrubs are 1022 01:04:46,260 --> 01:04:50,100 proposed for removal. That's the one to one 1023 01:04:50,100 --> 01:04:53,220 is generally accepted ratio. Otherwise, you're correct. It 1024 01:04:53,220 --> 01:04:54,660 can be greater than that if you are 1025 01:04:54,660 --> 01:04:57,625 impacting more significant habitat or in the inner 1026 01:04:57,625 --> 01:04:59,865 portion of the buffer. And then this is 1027 01:04:59,865 --> 01:05:01,305 a question more for the benefit of the 1028 01:05:01,305 --> 01:05:05,065 Department of Ecology. Why the need for new 1029 01:05:05,065 --> 01:05:10,740 parking within the expanded shoreline jurisdiction, hence the 1030 01:05:10,740 --> 01:05:18,900 conditional use permit. We did utilize the existing 1031 01:05:19,140 --> 01:05:23,300 impervious surface to the full extent practicable. That's 1032 01:05:23,300 --> 01:05:25,915 my understanding that new parking was a requirement 1033 01:05:25,915 --> 01:05:29,675 to meet the design criteria under code. Okay. 1034 01:05:31,115 --> 01:05:33,835 Let me paraphrase, which is a way of 1035 01:05:33,835 --> 01:05:38,250 you telling me if I'm following closely that 1036 01:05:38,490 --> 01:05:42,890 to meet other code requirements, the facility needs 1037 01:05:42,890 --> 01:05:47,770 more parking. And the only place based on 1038 01:05:47,770 --> 01:05:53,495 topography and existing buildings and environmental restrictions is 1039 01:05:53,495 --> 01:05:56,695 the proposed area of additional parking. Am I 1040 01:05:56,695 --> 01:06:02,695 summarizing your position correctly? Correct. Okay. All right. 1041 01:06:04,215 --> 01:06:09,170 Okay. And one other comment, I guess, I'll 1042 01:06:09,170 --> 01:06:11,970 make. I have met with Fish and Wildlife 1043 01:06:11,970 --> 01:06:14,690 and Department of Ecology staff on-site, got the 1044 01:06:14,690 --> 01:06:20,369 recommendations, and they didn't have any other outstanding 1045 01:06:22,145 --> 01:06:27,744 comments that weren't implemented into the project. Oh, 1046 01:06:27,744 --> 01:06:29,744 and as far as the trail use, we 1047 01:06:29,744 --> 01:06:32,865 added that in and the signage to meet 1048 01:06:32,865 --> 01:06:39,079 Fish and Wildlife's recommendation. And as far as 1049 01:06:39,079 --> 01:06:42,680 the time frame you're concerned about March through 1050 01:06:42,680 --> 01:06:45,000 June that would be posted on signage, it's 1051 01:06:45,000 --> 01:06:46,520 my understanding there wouldn't be a lot of 1052 01:06:46,520 --> 01:06:50,265 use, very, very minimal if any of the 1053 01:06:50,265 --> 01:06:52,345 site during that time, but that's up for 1054 01:06:53,945 --> 01:06:57,305 the applicant to provide more insight on possibly. 1055 01:06:58,985 --> 01:07:04,390 K. Anything else? That's all I have. And 1056 01:07:05,510 --> 01:07:07,350 you are speaking on behalf of the applicant. 1057 01:07:07,350 --> 01:07:10,470 The applicant isn't speaking separately, am I correct? 1058 01:07:13,270 --> 01:07:15,885 Say again. The two of you are here 1059 01:07:15,885 --> 01:07:18,365 on behalf of the applicant. The applicant isn't 1060 01:07:18,525 --> 01:07:24,525 presenting separately, correct? Correct, affirmative. I also did 1061 01:07:24,525 --> 01:07:27,565 wanna, yeah, I did have a quick text 1062 01:07:27,565 --> 01:07:34,990 exchange with one of the owners representatives and 1063 01:07:35,870 --> 01:07:39,550 they said that there is a draft set 1064 01:07:39,550 --> 01:07:43,710 of operating rules and we will be paying 1065 01:07:43,710 --> 01:07:46,305 close attention to the concerns here and if 1066 01:07:46,305 --> 01:07:51,665 necessary, rules will be amended as needed and 1067 01:07:51,744 --> 01:07:55,665 presented to you for review, Mr. Hearing Examiner. 1068 01:07:59,670 --> 01:08:02,150 Do you wish to present the testimony of 1069 01:08:02,150 --> 01:08:06,470 your traffic engineer as well? At this juncture, 1070 01:08:06,470 --> 01:08:10,470 I will stand by for and have him 1071 01:08:10,470 --> 01:08:13,765 respond as needed to the public comments. I 1072 01:08:16,085 --> 01:08:18,484 think that would be a more efficient use 1073 01:08:18,484 --> 01:08:23,444 of everyone's time. Okay. So we've heard from 1074 01:08:23,444 --> 01:08:26,510 county staff, we've heard from the applicant. Now 1075 01:08:26,510 --> 01:08:28,270 we come to the third phase of today's 1076 01:08:28,270 --> 01:08:31,630 hearing, which is the public testimony. And so 1077 01:08:34,510 --> 01:08:37,470 Mr. Kreitzer or Mr. Trimble, someone have a 1078 01:08:37,470 --> 01:08:39,630 sheet of those who might like to be 1079 01:08:39,630 --> 01:08:52,704 heard? Thank you. So as I said before, 1080 01:08:52,944 --> 01:08:55,840 this sheet is not binding in any way, 1081 01:08:55,840 --> 01:08:58,479 one way or another. If you signed up, 1082 01:08:58,479 --> 01:09:02,880 but then no longer interested, you can just 1083 01:09:02,880 --> 01:09:05,680 let me know. You're not obligated to follow 1084 01:09:05,680 --> 01:09:07,520 through. If you didn't sign up, but what 1085 01:09:07,520 --> 01:09:09,200 you would like now to be heard after 1086 01:09:09,200 --> 01:09:12,375 you heard other things, you can let me 1087 01:09:12,375 --> 01:09:15,814 know. There's nothing fixed about this sheet as 1088 01:09:15,814 --> 01:09:19,415 we get started with it. And in advance, 1089 01:09:19,415 --> 01:09:23,340 I apologize for the mispronounced the issue of 1090 01:09:23,340 --> 01:09:25,580 anyone's name. I think with a name like 1091 01:09:25,580 --> 01:09:28,300 Scheipmeier, I would be sensitive to getting names 1092 01:09:28,300 --> 01:09:31,660 correct, but I understand also how it doesn't 1093 01:09:31,660 --> 01:09:34,380 work very well sometimes. And so just forgive 1094 01:09:34,380 --> 01:09:36,780 me in advance if I do injustice to 1095 01:09:36,780 --> 01:09:39,684 your name. So the first name I have 1096 01:09:40,325 --> 01:09:44,404 on the sheet is Jeff, is it Bottart? 1097 01:09:45,125 --> 01:09:47,845 Yeah, I think your name's Jeff. Yeah, I 1098 01:09:47,845 --> 01:09:50,609 get it. It may take me longer than 1099 01:09:50,609 --> 01:09:53,649 five minutes. I just have history. I've been 1100 01:09:53,649 --> 01:09:55,969 out there sixty Thank you, I'll come back 1101 01:09:55,969 --> 01:10:00,770 to you. There must be a sound system 1102 01:10:00,770 --> 01:10:03,775 in here that's picking up everybody without All 1103 01:10:03,775 --> 01:10:06,255 of the mics are hot. And there must 1104 01:10:06,255 --> 01:10:08,415 be mics that are picking up the audience 1105 01:10:08,415 --> 01:10:13,215 as well. The audience is invited to speak 1106 01:10:13,215 --> 01:10:15,660 here. Well, know, but they seem to be 1107 01:10:15,660 --> 01:10:18,140 coming in quite well, even when they sit 1108 01:10:18,140 --> 01:10:20,940 at their chairs is, but you would still 1109 01:10:20,940 --> 01:10:23,100 prefer that they come to the table. Okay. 1110 01:10:23,340 --> 01:10:28,620 All right. Yeah, it's a bit eerie or 1111 01:10:29,340 --> 01:10:32,255 unsettling how much is being picked up by 1112 01:10:32,255 --> 01:10:35,455 these microphones. This one, so I'm maybe we 1113 01:10:35,455 --> 01:10:38,335 could. Yeah, we will ask people to come 1114 01:10:38,335 --> 01:10:41,775 to the microphone to Mr. Kreutzer's right at 1115 01:10:41,775 --> 01:10:44,750 the open table. So the next is Michael 1116 01:10:44,750 --> 01:10:54,110 Grimes. Mr. Grimes. I'm not flu y'all well. 1117 01:10:58,414 --> 01:11:01,135 Morning, miss Thank you, mister Hearing, examiner. Let's 1118 01:11:01,135 --> 01:11:03,215 have you sworn. Do you swear or affirm 1119 01:11:03,215 --> 01:11:04,574 to tell the truth? The whole truth and 1120 01:11:04,574 --> 01:11:06,335 nothing but the truth. I do, sir. Go 1121 01:11:06,335 --> 01:11:10,255 ahead. Lived up there for twenty five years 1122 01:11:10,255 --> 01:11:12,810 and to say that road is safe and 1123 01:11:12,810 --> 01:11:16,010 it'll all be high fine and dandy is 1124 01:11:17,290 --> 01:11:22,570 misconstrued at best. I've seen no evacuation plan. 1125 01:11:23,210 --> 01:11:24,970 We have a lot of slides on that 1126 01:11:24,970 --> 01:11:27,895 road. We have a lot of trees across 1127 01:11:27,895 --> 01:11:31,095 the road. And the number one concern since 1128 01:11:31,095 --> 01:11:33,735 I've lived there for twenty five years is 1129 01:11:33,735 --> 01:11:39,815 fire damage. We have nice evening wind that'll 1130 01:11:39,815 --> 01:11:43,310 blow 10 to 15 miles an hour. It's 1131 01:11:43,310 --> 01:11:45,630 a one way in, one way out road. 1132 01:11:46,030 --> 01:11:47,230 If you don't know how to get out 1133 01:11:47,230 --> 01:11:48,750 of, how you going to get all those 1134 01:11:48,750 --> 01:11:53,310 people out of that bottom area in RVs 1135 01:11:53,310 --> 01:11:56,555 and whatever else they drove in and everybody 1136 01:11:56,555 --> 01:11:58,715 else is trying to get off that mountain 1137 01:11:59,675 --> 01:12:03,195 without there being a real problem. What happens 1138 01:12:03,195 --> 01:12:05,755 if there are people there? We get snow 1139 01:12:05,755 --> 01:12:09,700 at 18 inches of snow in April. What 1140 01:12:09,700 --> 01:12:11,700 happens when it snows and we have some 1141 01:12:11,700 --> 01:12:14,740 kind of problem? The only way is a 1142 01:12:14,740 --> 01:12:18,660 Weyerhaeuser will open up a travel corridor and 1143 01:12:18,660 --> 01:12:20,340 you're not getting an RV up it. I 1144 01:12:20,340 --> 01:12:22,824 can tell you that now. It's all a 1145 01:12:22,824 --> 01:12:25,065 four wheel drive can do sometimes to get 1146 01:12:25,065 --> 01:12:28,905 up that road. The intersection is got about 1147 01:12:28,905 --> 01:12:32,344 100 feet of visibility. You get an 80 1148 01:12:32,344 --> 01:12:35,820 pound log truck coming down that road. With 1149 01:12:35,820 --> 01:12:38,620 80 feet of visibility before an RV pulls 1150 01:12:38,620 --> 01:12:41,500 out, you're gonna have an accident. It's not 1151 01:12:41,500 --> 01:12:43,980 a question of if it's gonna happen, it's 1152 01:12:43,980 --> 01:12:46,860 gonna be when it happens. They don't have 1153 01:12:46,860 --> 01:12:51,315 the stopping ability at that range. Also, we 1154 01:12:51,315 --> 01:12:53,875 had an RV come out of there. Nice 1155 01:12:53,875 --> 01:12:56,035 silver one. It drove 18 miles an hour 1156 01:12:56,035 --> 01:12:58,275 down that road all the way to the 1157 01:12:58,275 --> 01:13:05,330 freeway. The congestion, you're gonna have people that 1158 01:13:05,330 --> 01:13:07,889 have never driven that road. It's a small, 1159 01:13:07,889 --> 01:13:11,090 narrow, winding road with heavy equipment, dump trucks, 1160 01:13:11,090 --> 01:13:14,929 log trucks, log cutting equipment that they'll have 1161 01:13:14,929 --> 01:13:18,345 to negotiate and deal with. What about all 1162 01:13:18,345 --> 01:13:20,185 the people that are gonna maybe go wanna 1163 01:13:20,185 --> 01:13:25,065 take a bicycle ride up there? Extremely dangerous. 1164 01:13:25,705 --> 01:13:28,185 The water safety, I've heard people address the 1165 01:13:28,185 --> 01:13:32,160 war runoff. What about the migratory birds? The 1166 01:13:32,160 --> 01:13:36,000 comb rats, the eagles, and everything else that 1167 01:13:36,000 --> 01:13:39,680 lives down there. I've sat across and hunted 1168 01:13:39,680 --> 01:13:43,455 that entire mountain system across from them. There's 1169 01:13:43,455 --> 01:13:46,655 all kinds of animals that use that crossing 1170 01:13:46,655 --> 01:13:48,495 right there because of the way it's all 1171 01:13:48,495 --> 01:13:56,080 configured. The quietness. What about all the racket 1172 01:13:56,080 --> 01:13:59,120 that's gonna come with this? What happens when 1173 01:13:59,120 --> 01:14:03,120 something does happen? You think mister Irish is 1174 01:14:03,120 --> 01:14:05,360 gonna care because he's not gonna be here. 1175 01:14:06,320 --> 01:14:08,480 It'll just be us like it is in 1176 01:14:08,480 --> 01:14:11,525 every other small town across this country. It'll 1177 01:14:11,525 --> 01:14:13,684 be left up to us to deal with. 1178 01:14:14,244 --> 01:14:17,045 County looks at it from the money, he 1179 01:14:17,045 --> 01:14:19,364 looks at it from the money, and we're 1180 01:14:19,364 --> 01:14:22,645 just gonna be left holding the bag. Thank 1181 01:14:22,645 --> 01:14:41,145 you. Thank you. Tiffany Takawa. Morning. Hi, this 1182 01:14:41,145 --> 01:14:44,425 frustrates me in that, can I have you 1183 01:14:44,425 --> 01:14:48,025 move that over? Absolutely. So we can have 1184 01:14:48,025 --> 01:14:50,985 a visual with each other and all the 1185 01:14:50,985 --> 01:14:53,440 witnesses. This is, this room is driving me 1186 01:14:53,440 --> 01:14:59,120 crazy. And sorry, let's get you sworn. You 1187 01:14:59,120 --> 01:15:00,640 swear our firm to tell the truth, the 1188 01:15:00,640 --> 01:15:02,240 whole truth and nothing but the truth. I 1189 01:15:02,240 --> 01:15:05,805 do. Go ahead. So I'm not necessarily for 1190 01:15:05,805 --> 01:15:08,445 or against, but I am, we are one 1191 01:15:08,445 --> 01:15:10,525 of the neighbors that is closest. We're the 1192 01:15:10,525 --> 01:15:15,005 first house on Greenwood. And some of my 1193 01:15:15,005 --> 01:15:17,005 concerns that were not in my letter that 1194 01:15:17,005 --> 01:15:20,350 I thought of afterwards are would any campers 1195 01:15:20,350 --> 01:15:26,350 be allowed to live there permanently? And if 1196 01:15:26,590 --> 01:15:31,230 there's like a campground manager, would those persons 1197 01:15:31,230 --> 01:15:34,315 or people be there permanently or only when 1198 01:15:34,315 --> 01:15:38,795 there's an event? Is there a limit to 1199 01:15:38,795 --> 01:15:42,875 total number of guests? Say, if they're not 1200 01:15:42,875 --> 01:15:47,300 expecting any events between what did they say 1201 01:15:47,300 --> 01:15:49,380 March and June, what if someone wants a 1202 01:15:49,380 --> 01:15:53,699 May wedding with 100 people? Just thinking about 1203 01:15:53,699 --> 01:15:56,179 that and the traffic that could come from 1204 01:15:56,179 --> 01:16:00,225 that, there's Even only a certain number of 1205 01:16:00,225 --> 01:16:06,385 parking spots. Right? Would the guests be informed 1206 01:16:06,385 --> 01:16:10,145 in advance of how curvy and up and 1207 01:16:10,145 --> 01:16:14,340 down Kalama River Road is? Because yeah, there 1208 01:16:14,340 --> 01:16:16,980 are some people that go extremely slow. There's 1209 01:16:16,980 --> 01:16:21,140 some people that go fast, especially if it's 1210 01:16:21,140 --> 01:16:24,020 January and we know that there are certain 1211 01:16:24,020 --> 01:16:28,005 icy spots that no one who's not familiar 1212 01:16:28,005 --> 01:16:31,445 with the road are gonna know about. We 1213 01:16:31,445 --> 01:16:33,605 all know those icy spots, but you can't 1214 01:16:33,605 --> 01:16:37,205 see them. So whether it's a car, a 1215 01:16:37,205 --> 01:16:41,210 car with you're pulling a trailer, whatever, that's, 1216 01:16:41,690 --> 01:16:44,010 I would want them to, people to be 1217 01:16:44,010 --> 01:16:46,330 informed of actually what kind of road this 1218 01:16:46,330 --> 01:16:48,170 is and the fact that there are log 1219 01:16:48,170 --> 01:16:50,570 trucks. Sometimes those log trucks are close to 1220 01:16:50,570 --> 01:16:55,894 the center line, you know, barreling down. And 1221 01:16:55,894 --> 01:16:58,695 then morning traffic say between, I mean, the 1222 01:16:58,695 --> 01:17:01,094 log trucks started four or five in the 1223 01:17:01,094 --> 01:17:03,894 morning, but say between six and nine, I 1224 01:17:03,894 --> 01:17:07,655 would want priority for the log trucks and 1225 01:17:07,655 --> 01:17:09,600 people going to work and people going to 1226 01:17:09,600 --> 01:17:13,360 school rather than anyone pulling out of the 1227 01:17:13,360 --> 01:17:17,760 campground and leaving, adding to the traffic at 1228 01:17:17,760 --> 01:17:22,720 that time of day. Oh, let me see. 1229 01:17:24,655 --> 01:17:27,295 That was, yeah, that's all I can think 1230 01:17:27,295 --> 01:17:29,855 of. I'm glad you mentioned about the fireworks. 1231 01:17:30,335 --> 01:17:33,695 Thank you for that. Sure. That is a 1232 01:17:33,695 --> 01:17:38,440 concern. Alright, thank you. Thank you. Ms. Scout 1233 01:17:38,440 --> 01:17:41,159 didn't quite ask questions of staff, but it 1234 01:17:41,159 --> 01:17:45,080 prompts me to remind, you're good. If you 1235 01:17:45,080 --> 01:17:49,560 have questions that you feel should be responded 1236 01:17:49,560 --> 01:17:52,795 to by the applicant or the county, you 1237 01:17:52,795 --> 01:17:55,675 don't ask them to those parties directly. If 1238 01:17:55,675 --> 01:17:57,355 you have any such questions, you ask them 1239 01:17:57,355 --> 01:18:00,554 to me. I'm the traffic cop for all 1240 01:18:00,554 --> 01:18:03,275 questions. Otherwise I lose control of the hearing 1241 01:18:03,275 --> 01:18:06,000 very quickly if there gets to be an 1242 01:18:06,000 --> 01:18:09,040 ongoing back and forth. And so everything would 1243 01:18:09,040 --> 01:18:11,040 come to me all then. If you do 1244 01:18:11,040 --> 01:18:13,040 have a question, I'll come back to it. 1245 01:18:13,040 --> 01:18:15,040 I make notes as to all questions that 1246 01:18:15,040 --> 01:18:17,200 are raised, and then I decide who should 1247 01:18:17,200 --> 01:18:20,675 best answer them. So I don't think I 1248 01:18:20,675 --> 01:18:22,994 had anything out of that that I need. 1249 01:18:22,994 --> 01:18:24,755 There are some things I'll follow-up on, but 1250 01:18:24,755 --> 01:18:27,395 not necessarily a specific question. If anyone does 1251 01:18:27,395 --> 01:18:29,795 have questions, post them to me. I'll post 1252 01:18:29,795 --> 01:18:35,010 them to the right people. Michael Okay. Golub. 1253 01:18:46,155 --> 01:18:48,235 Good morning. Good morning, sir. Let's have you 1254 01:18:48,235 --> 01:18:49,914 sworn, do you swear or affirm and tell 1255 01:18:49,914 --> 01:18:51,355 the truth, the whole truth and nothing but 1256 01:18:51,355 --> 01:18:54,554 the truth? I do. Go ahead. My name 1257 01:18:54,554 --> 01:18:57,755 is Michael Golub. I'm representing Clark's Comenia Fly 1258 01:18:57,755 --> 01:19:00,235 Fishers, a fishing club that has over 200 1259 01:19:00,235 --> 01:19:03,190 members with the mission of the preservation of 1260 01:19:03,190 --> 01:19:07,110 wild fish. Wild steelhead and salmon are both 1261 01:19:07,110 --> 01:19:10,950 endangered species. The Upper Kalama River above the 1262 01:19:10,950 --> 01:19:13,670 upper hatchery is fondly known as the holy 1263 01:19:13,670 --> 01:19:16,155 water, as it is the breeding ground of 1264 01:19:16,155 --> 01:19:19,275 the for these fish. Only wild fish are 1265 01:19:19,275 --> 01:19:22,155 released above the hatchery. The key to wild 1266 01:19:22,155 --> 01:19:27,114 fish is clean, cool water. Has anyone conducted 1267 01:19:27,114 --> 01:19:31,300 a red survey that fish are not spawning 1268 01:19:31,300 --> 01:19:34,100 in this area? So I appreciate that they 1269 01:19:34,100 --> 01:19:36,820 talked about the fries coming down and protecting 1270 01:19:36,820 --> 01:19:39,699 them. But what about the adult fish going 1271 01:19:39,699 --> 01:19:45,324 up to spawn? The impact of the sewage, 1272 01:19:45,324 --> 01:19:48,284 we talked about that to some degree, but 1273 01:19:48,284 --> 01:19:51,804 what about groundwater seepage? It says only a 1274 01:19:51,804 --> 01:19:57,170 mile upriver of the hatchery. So in a 1275 01:19:57,170 --> 01:19:59,410 case where there's any seepage in that, the 1276 01:19:59,410 --> 01:20:01,250 first place is to stop at the hatchery 1277 01:20:01,250 --> 01:20:03,730 where thousands of fish are managed every year. 1278 01:20:10,855 --> 01:20:15,094 The additional point is the wild fish are 1279 01:20:15,094 --> 01:20:20,295 all captured at the hatchery. These fish then 1280 01:20:20,375 --> 01:20:25,619 being traumatized going through that, being captured, oftentimes 1281 01:20:25,619 --> 01:20:28,980 tagged for good reasons because there's a lot 1282 01:20:28,980 --> 01:20:31,300 of environmental studies going on about trying to 1283 01:20:31,300 --> 01:20:33,619 establish a wild population of fish in the 1284 01:20:33,619 --> 01:20:39,625 Kalama River. They are traumatized. They come out 1285 01:20:39,625 --> 01:20:41,145 of the hatchery. They send them out a 1286 01:20:41,145 --> 01:20:43,545 chute into the river. Where is the first 1287 01:20:43,545 --> 01:20:47,465 place that they stop and rest? Less than 1288 01:20:47,465 --> 01:20:51,290 a mile up the river is this proposed 1289 01:20:51,290 --> 01:20:56,490 site. Those fish need clean, cool water, and 1290 01:20:56,490 --> 01:20:57,930 they need a place to rest and it 1291 01:20:57,930 --> 01:20:59,850 needs to be, you know, they can't be 1292 01:20:59,850 --> 01:21:02,585 people splashing around on a river. So, the 1293 01:21:02,585 --> 01:21:04,505 time frame to March to June, I don't 1294 01:21:04,505 --> 01:21:09,065 think accounts for that. There there are two 1295 01:21:09,065 --> 01:21:12,745 runs of steelhead on this river. A spring, 1296 01:21:12,745 --> 01:21:15,310 a summer run, and a winter run. So 1297 01:21:15,310 --> 01:21:17,790 there are fish in that river constantly going 1298 01:21:17,790 --> 01:21:20,670 through this area to either get to spawning 1299 01:21:20,670 --> 01:21:25,390 grounds or to spawn there. So we are 1300 01:21:25,390 --> 01:21:30,725 opposed to this endeavor. And we believe that 1301 01:21:30,725 --> 01:21:35,525 the conditions for to protect wild fish have 1302 01:21:35,525 --> 01:21:39,445 not been adequately considered at this time. Thank 1303 01:21:39,445 --> 01:21:55,795 you. Thank you. Next, I have Brian Davern. 1304 01:22:08,550 --> 01:22:10,310 Good morning. But have you sworn? Do you 1305 01:22:10,310 --> 01:22:11,910 swear or affirm to tell the truth, the 1306 01:22:11,910 --> 01:22:13,510 whole truth, and nothing but the truth? I 1307 01:22:13,510 --> 01:22:16,710 do. Go ahead. Good morning. My name is 1308 01:22:16,710 --> 01:22:20,310 Brian Davern. I'm a resident of South Kelso. 1309 01:22:21,430 --> 01:22:26,995 I first visited the Clammer River and John 1310 01:22:26,995 --> 01:22:32,195 Anderson's property in 1970 and have been a 1311 01:22:32,515 --> 01:22:38,690 frequent visitor since, mainly for angling purposes, but 1312 01:22:39,330 --> 01:22:47,435 more more recently for volunteer purposes. I have 1313 01:22:47,435 --> 01:22:55,035 two objections to this development. One concerns the 1314 01:22:55,035 --> 01:22:59,035 act of developing it and the threat to 1315 01:22:59,035 --> 01:23:04,570 the water quality that the hatchery directly downstream 1316 01:23:04,570 --> 01:23:12,330 will experience. I also have a concern about 1317 01:23:12,330 --> 01:23:15,450 how the property has been used in the 1318 01:23:16,055 --> 01:23:21,175 fifty five years that I'm aware of. John 1319 01:23:21,415 --> 01:23:27,495 would welcome a small handful of anglers each 1320 01:23:27,495 --> 01:23:31,300 day onto his property when the parking spots 1321 01:23:31,300 --> 01:23:34,260 were filled, that's all that would be there. 1322 01:23:34,500 --> 01:23:40,419 So his family use of the property and 1323 01:23:40,420 --> 01:23:43,905 a few anglers is what that stretch of 1324 01:23:43,905 --> 01:23:48,945 the river has experienced. What's proposed is nothing 1325 01:23:48,945 --> 01:23:58,230 like that. And and so the either seasonal 1326 01:23:58,230 --> 01:24:04,150 or year round potential activity for a stretch 1327 01:24:04,150 --> 01:24:10,389 of the river that has been quiet will 1328 01:24:10,389 --> 01:24:16,114 be upset and the the management work of 1329 01:24:16,514 --> 01:24:22,755 Wild Spring Chinook and Wild Steelhead has been 1330 01:24:22,755 --> 01:24:27,280 a particular management effort that I think would 1331 01:24:27,280 --> 01:24:33,840 be impacted. Those are my concerns and thank 1332 01:24:33,840 --> 01:24:36,480 you for hearing the testimony. Thank you Mr. 1333 01:24:36,480 --> 01:24:54,780 Dever. Next I have Brad Ruser. I hope 1334 01:24:54,780 --> 01:24:57,500 I pronounced that. Yeah, it's pronounced Reiser, but 1335 01:24:57,500 --> 01:24:59,260 you're right Okay. To I did that a 1336 01:24:59,260 --> 01:25:01,500 lot. That German double vowel thing going on. 1337 01:25:01,500 --> 01:25:05,179 Mr. Reiser, let's have you sworn, do you 1338 01:25:05,179 --> 01:25:06,780 swear or affirm to tell the truth, the 1339 01:25:06,780 --> 01:25:08,300 whole truth and nothing but the truth? I 1340 01:25:08,300 --> 01:25:10,465 do. Go ahead. A lot of my topics 1341 01:25:10,465 --> 01:25:13,105 have already been addressed so far, but my 1342 01:25:13,105 --> 01:25:15,185 concern up there, again, I'm glad we have 1343 01:25:15,185 --> 01:25:19,265 somebody here from Fish and Wildlife here. The 1344 01:25:19,265 --> 01:25:20,865 one issue we're looking at here, yes, there's 1345 01:25:20,865 --> 01:25:23,344 gonna be a huge impact on the fish. 1346 01:25:23,425 --> 01:25:26,200 That hatchery is a lot closer. I mean, 1347 01:25:26,200 --> 01:25:29,000 was literally right next door. When you put 1348 01:25:29,000 --> 01:25:31,080 a restriction from people being in that river 1349 01:25:31,080 --> 01:25:33,800 from March until June, whatever it may have 1350 01:25:33,800 --> 01:25:36,040 be, let's look at the real world here. 1351 01:25:36,040 --> 01:25:37,640 You're going to have people up there camping 1352 01:25:37,640 --> 01:25:40,505 with kids and everything. The reason they are 1353 01:25:40,505 --> 01:25:42,585 coming up there is to enjoy that river 1354 01:25:42,585 --> 01:25:44,905 that is right within a footstep of their 1355 01:25:44,905 --> 01:25:48,025 campsite. You're not gonna keep kids out of 1356 01:25:48,025 --> 01:25:50,185 that river. You're not gonna keep the public 1357 01:25:50,185 --> 01:25:52,440 out of that river when they're coming to 1358 01:25:52,440 --> 01:25:54,280 a place to camp and they're surrounded by 1359 01:25:54,280 --> 01:25:55,960 a river, they're going to use that river 1360 01:25:55,960 --> 01:25:58,120 at all times. There's not going to be 1361 01:25:58,120 --> 01:26:00,200 anybody there monitoring who goes in the water 1362 01:26:00,200 --> 01:26:03,160 who does not. There's a big concern of 1363 01:26:03,160 --> 01:26:05,575 mine right there I fish all that river. 1364 01:26:05,575 --> 01:26:07,015 I've been up there for thirty five years 1365 01:26:07,015 --> 01:26:09,815 as most of these people behind me have 1366 01:26:09,815 --> 01:26:12,375 been there for a long time. You know, 1367 01:26:12,375 --> 01:26:14,455 I remember the days when, you know, John 1368 01:26:14,455 --> 01:26:17,015 Anderson, LC Anderson, the owners of that property, 1369 01:26:17,380 --> 01:26:19,060 there's a frequent herd of elk that live 1370 01:26:19,060 --> 01:26:20,900 in there right now, and they cross between 1371 01:26:20,900 --> 01:26:23,780 that property and our property on Greenwood Road. 1372 01:26:23,780 --> 01:26:26,100 Are directly above that most of residents here 1373 01:26:26,260 --> 01:26:28,580 are in that area, and those elk live 1374 01:26:28,580 --> 01:26:30,020 there. They go back and forth. They did 1375 01:26:30,020 --> 01:26:33,345 not leave that area. Ellen Bodderoff, Jeff is 1376 01:26:33,345 --> 01:26:35,985 here, his son. Before that, he was raising 1377 01:26:35,985 --> 01:26:37,745 baby deer up there on that property with 1378 01:26:37,745 --> 01:26:39,665 John Anderson. He would take them in from 1379 01:26:39,665 --> 01:26:41,985 fish and wildlife when they were injured, and 1380 01:26:41,985 --> 01:26:43,745 he would raise them. The deer frequent that 1381 01:26:43,745 --> 01:26:46,065 property regular. They know that is their safe 1382 01:26:46,065 --> 01:26:49,410 place. So with those environmental issues that has 1383 01:26:49,410 --> 01:26:51,330 me concerned. Next thing I'd like to talk 1384 01:26:51,330 --> 01:26:55,410 about is the danger. That property there was 1385 01:26:55,410 --> 01:26:57,810 planted in timber by Ellen john is probably 1386 01:26:57,810 --> 01:26:59,570 three thousand thirty five year growth on the 1387 01:26:59,570 --> 01:27:02,344 timber directly on that property from there that 1388 01:27:02,344 --> 01:27:05,304 timber goes directly up the hill. And up 1389 01:27:05,304 --> 01:27:06,824 the top that hill we get winds every 1390 01:27:06,824 --> 01:27:08,824 day fifteen twenty miles an hour coming over 1391 01:27:08,824 --> 01:27:09,945 the top of that Hill and we are 1392 01:27:09,945 --> 01:27:12,665 surrounded by warehouse or property. If a fire 1393 01:27:12,665 --> 01:27:14,745 should start in that area, there's no getting 1394 01:27:14,745 --> 01:27:16,265 out of there, it's a one way road, 1395 01:27:16,810 --> 01:27:19,130 and 90% of the time the gates that 1396 01:27:19,130 --> 01:27:21,530 will allow access out of there are closed 1397 01:27:21,530 --> 01:27:23,449 by a warehouse or they are only open 1398 01:27:23,449 --> 01:27:26,650 during a need for an emergency such as 1399 01:27:26,650 --> 01:27:29,865 landslides and such. So there's no way for 1400 01:27:29,865 --> 01:27:31,145 people to get out of there. Have had 1401 01:27:31,145 --> 01:27:33,145 smoke up there blowing through our property with 1402 01:27:33,145 --> 01:27:34,905 smoke and ashes so thick we can't see 1403 01:27:34,905 --> 01:27:37,465 the other side of our property. And Gifford 1404 01:27:37,465 --> 01:27:39,705 Pinchop, you do your homework, there's fires up 1405 01:27:39,705 --> 01:27:42,170 there constantly, and we are in that area, 1406 01:27:42,170 --> 01:27:44,170 what happens if one starts along the river 1407 01:27:44,170 --> 01:27:46,570 with the winds coming up to Klamath Canyon, 1408 01:27:46,570 --> 01:27:48,730 we're all going to be in trouble. The 1409 01:27:48,730 --> 01:27:50,010 other thing I'd like to hit on is 1410 01:27:50,010 --> 01:27:51,930 that intersection I'm sure it's been brought up 1411 01:27:51,930 --> 01:27:54,985 several times, but those trucks are coming downhill 1412 01:27:54,985 --> 01:27:57,065 for over a mile before they hit that 1413 01:27:57,065 --> 01:28:00,344 intersection there's a steady downhill drop. You're not 1414 01:28:00,344 --> 01:28:02,344 stopping a log truck as Mr. Grimes has 1415 01:28:02,344 --> 01:28:04,585 mentioned you're not stopping a log truck. When 1416 01:28:04,585 --> 01:28:06,105 you come out of that driveway up there 1417 01:28:06,105 --> 01:28:07,864 is a hairpin turn you're coming out there 1418 01:28:07,864 --> 01:28:09,660 and you're coming out there slow, there's a 1419 01:28:09,660 --> 01:28:11,340 blind turn where the log trucks are coming 1420 01:28:11,340 --> 01:28:14,780 down the Bypass 6000 Warehouse Road that's the 1421 01:28:14,780 --> 01:28:16,380 only road they are allowed to use are 1422 01:28:16,380 --> 01:28:18,380 no longer go along the river. So that 1423 01:28:18,380 --> 01:28:21,100 intersection is a direct impact of not just 1424 01:28:21,100 --> 01:28:23,815 logging trucks, but all the logging equipment, the 1425 01:28:23,815 --> 01:28:26,295 crawlers are using everything is coming around that 1426 01:28:26,295 --> 01:28:28,775 turn of an RV pop, there's no stopping 1427 01:28:28,775 --> 01:28:31,815 them. And that's not even to mention all 1428 01:28:31,815 --> 01:28:33,335 the traffic issues we're going to have up 1429 01:28:33,335 --> 01:28:35,175 and down that road. In the last few 1430 01:28:35,175 --> 01:28:37,920 years that garbage up there has multiplied and 1431 01:28:37,920 --> 01:28:39,520 we go down the road every day and 1432 01:28:39,520 --> 01:28:40,960 we look at the amount of garbage out 1433 01:28:40,960 --> 01:28:43,200 there there's nobody to clean it up. Garbage 1434 01:28:43,200 --> 01:28:45,360 is being brought in by the public, and 1435 01:28:45,360 --> 01:28:46,960 as residents up there a lot of us 1436 01:28:46,960 --> 01:28:48,400 will go along with garden, we will clean 1437 01:28:48,400 --> 01:28:49,840 up our area up there but when you 1438 01:28:49,840 --> 01:28:51,600 see the public coming in and destroying it. 1439 01:28:52,054 --> 01:28:54,054 This is gonna have a huge impact on 1440 01:28:54,054 --> 01:28:55,975 what we have up there. And I've been 1441 01:28:55,975 --> 01:28:57,335 up there for many years and I just 1442 01:28:57,335 --> 01:28:58,614 don't want you to I'm used to sitting 1443 01:28:58,614 --> 01:29:00,614 on my deck and listening to the waterfall 1444 01:29:01,014 --> 01:29:03,175 at the hatchery directly below me. I'm not 1445 01:29:03,175 --> 01:29:04,534 gonna sit on my deck and listen to 1446 01:29:04,534 --> 01:29:06,910 a bunch of campers. I mean, I mean, 1447 01:29:06,910 --> 01:29:08,750 you know, if I have to, but still, 1448 01:29:08,750 --> 01:29:10,670 why are we destroying what we have up 1449 01:29:10,670 --> 01:29:14,190 there, both environmentally and safety? And that's all 1450 01:29:14,190 --> 01:29:21,470 I have. Thank you. Thank you. Scott Ball? 1451 01:29:22,275 --> 01:29:27,875 Okay, we're back to the five minute club. 1452 01:29:29,075 --> 01:29:31,715 Go ahead. Both of my points have been 1453 01:29:31,715 --> 01:29:34,355 touched. So Ms. Boddart, why don't you come 1454 01:29:34,355 --> 01:29:43,849 forward? Okay. Thank you, Mr. Michelle. Meyer? I've 1455 01:29:43,849 --> 01:29:47,929 been on the river over sixty years up 1456 01:29:47,929 --> 01:29:56,005 there. Again, lot of the stuff was touched 1457 01:29:56,005 --> 01:30:01,205 but that river was changed back in the 1458 01:30:01,205 --> 01:30:05,060 nineties, I believe. And I would like, I 1459 01:30:05,060 --> 01:30:07,940 looked for the date when it was changed, 1460 01:30:07,940 --> 01:30:12,260 but that's when they quit letting the hatchery 1461 01:30:12,260 --> 01:30:17,700 fish on the Upper River. And the reason 1462 01:30:17,700 --> 01:30:21,355 for that was to build a wild Steelhead 1463 01:30:21,355 --> 01:30:28,474 sanctuary. Mr. Examiner, did you need to swear 1464 01:30:28,474 --> 01:30:34,150 me in? I sure did. Somehow I had 1465 01:30:34,150 --> 01:30:35,990 thought we had taken care of that, but 1466 01:30:35,990 --> 01:30:38,790 thank you. Mr. Bauter, let's have you sworn, 1467 01:30:38,790 --> 01:30:40,230 do you swear or affirm to tell the 1468 01:30:40,230 --> 01:30:42,150 truth, the whole truth and that's I do. 1469 01:30:42,150 --> 01:30:47,190 Thank you. And so, you know, it's where 1470 01:30:47,190 --> 01:30:50,715 we came from. I grew up up there 1471 01:30:50,715 --> 01:30:53,035 and that river was flooded with people back 1472 01:30:53,035 --> 01:30:57,594 then because it was hotter fish and the, 1473 01:30:58,475 --> 01:31:01,114 you know, the use was just too much 1474 01:31:01,114 --> 01:31:05,090 for the river to handle for the wild 1475 01:31:05,090 --> 01:31:09,490 steelhead to benefit. And so that was changed 1476 01:31:09,490 --> 01:31:13,730 and there's a date associated with that. And 1477 01:31:15,330 --> 01:31:17,970 the next thing is, you know, I've been 1478 01:31:17,970 --> 01:31:21,305 on that river my whole life. I floated 1479 01:31:21,305 --> 01:31:24,505 to that farm to work and interacted on 1480 01:31:24,505 --> 01:31:27,945 that farm for fifty years. And so I 1481 01:31:27,945 --> 01:31:31,145 know every piece of it better than anyone. 1482 01:31:31,705 --> 01:31:34,780 And as my later years, I've been down 1483 01:31:34,780 --> 01:31:39,020 the river a few times and if on 1484 01:31:39,020 --> 01:31:44,220 your map here, on that upper shoreline, it's 1485 01:31:44,220 --> 01:31:47,580 a straight line. That's not a natural river. 1486 01:31:47,995 --> 01:31:51,114 And I'm not sure who the owner was, 1487 01:31:52,155 --> 01:31:57,435 but that shoreline has been changed. And we're 1488 01:31:57,435 --> 01:32:02,420 talking single digit years since it was changed. 1489 01:32:03,460 --> 01:32:06,180 And I never ever seen a permit out 1490 01:32:06,180 --> 01:32:09,540 there nowhere. On the Upper Road, down by 1491 01:32:09,540 --> 01:32:13,725 the Lower Road, again I'm all of a 1492 01:32:13,725 --> 01:32:15,804 sudden when I went down the river, it 1493 01:32:15,804 --> 01:32:20,284 was there one day. And that's a recent 1494 01:32:20,284 --> 01:32:23,804 thing. And it may not mean anything to 1495 01:32:23,804 --> 01:32:26,525 people that haven't lived and breathed out there, 1496 01:32:26,525 --> 01:32:30,550 but that flooding in the spring supported wetlands 1497 01:32:30,550 --> 01:32:33,830 on the lower end. I mean, you get 1498 01:32:33,830 --> 01:32:36,870 wood ducks in there and you know, they 1499 01:32:36,870 --> 01:32:40,630 find refuge in there because the predators out 1500 01:32:40,630 --> 01:32:45,565 on the mainstream. And that's just how nature 1501 01:32:45,565 --> 01:32:50,765 works and that's been eliminated. And so if 1502 01:32:50,765 --> 01:32:54,925 we're talking shoreline permit, shoreline this, shoreline that, 1503 01:32:54,925 --> 01:32:59,230 it's already, that property's already showing a total 1504 01:32:59,230 --> 01:33:04,910 disregard for the environment. In my book, you 1505 01:33:04,910 --> 01:33:08,830 know, when you go down a scenic natural 1506 01:33:08,830 --> 01:33:11,915 river, you expect to see that. You don't 1507 01:33:11,915 --> 01:33:15,514 expect to see giant riffraff piled up in 1508 01:33:15,514 --> 01:33:18,474 an even line along the bank, which they 1509 01:33:18,474 --> 01:33:20,395 had to have an excavator in the river 1510 01:33:20,395 --> 01:33:23,355 to accomplish that. It's been changed, look at 1511 01:33:23,355 --> 01:33:31,090 your maps. And then some notes I took 1512 01:33:31,090 --> 01:33:37,170 while you're talking rules. What's your reporting process? 1513 01:33:38,155 --> 01:33:42,795 Is the person that's managing it qualified? Is 1514 01:33:42,795 --> 01:33:45,435 it an in house only and is there 1515 01:33:45,435 --> 01:33:50,235 required documentation of any of the stuff that's 1516 01:33:50,235 --> 01:33:56,290 going on down there? And then another concern 1517 01:33:56,290 --> 01:34:01,010 of mine is cold water drownings. Rivers are 1518 01:34:01,010 --> 01:34:10,065 magnets. You're gonna I graduated on 06/02/1978 and 1519 01:34:11,265 --> 01:34:14,865 Mike Sager classmate drowned on June 3 next 1520 01:34:14,865 --> 01:34:19,480 day. He was a super athlete. He drowned 1521 01:34:19,480 --> 01:34:21,639 in the Clima River. He swam the middle 1522 01:34:21,639 --> 01:34:23,880 and cramped up. It was a 100 degree 1523 01:34:23,880 --> 01:34:27,560 day in June, snow melt. Went right to 1524 01:34:27,560 --> 01:34:31,080 the bottom. So that is one of the 1525 01:34:31,080 --> 01:34:37,695 saddest days of my life. And, you know, 1526 01:34:37,695 --> 01:34:40,974 that's that's pretty much just it. But a 1527 01:34:40,974 --> 01:34:43,215 real thing to me is where where we 1528 01:34:43,215 --> 01:34:46,255 came from, why was that section of river 1529 01:34:46,255 --> 01:34:50,889 changed, and where are we going? What brought 1530 01:34:50,889 --> 01:34:53,449 it to their attention back then? Is that 1531 01:34:53,449 --> 01:35:00,810 gone? Does it not matter? You know? Thank 1532 01:35:00,810 --> 01:35:06,975 you. Thank you. We'll come back to Mr. 1533 01:35:06,975 --> 01:35:16,470 Wall. Good morning. Let's have you sworn. Do 1534 01:35:16,470 --> 01:35:18,070 you swear or affirm to tell the truth, 1535 01:35:18,070 --> 01:35:19,910 whole truth, and nothing but the truth? I 1536 01:35:19,910 --> 01:35:22,630 do. Go ahead. So I do have some 1537 01:35:22,630 --> 01:35:24,469 written comments that I wanna get to in 1538 01:35:24,950 --> 01:35:27,605 just a second. I wanna tell you I 1539 01:35:27,605 --> 01:35:30,485 appreciate I wanna get my thoughts out. I 1540 01:35:30,485 --> 01:35:33,925 appreciate what you've covered today because about that 1541 01:35:33,925 --> 01:35:36,085 200 page staff report, probably a 100 was 1542 01:35:36,085 --> 01:35:38,485 my I I I wrote those a lot 1543 01:35:38,485 --> 01:35:41,840 of those comments. And your name is notable 1544 01:35:41,840 --> 01:35:43,600 in many of the documents. And I'm not 1545 01:35:43,600 --> 01:35:45,600 an attorney. I'm not an engineer, but I 1546 01:35:45,600 --> 01:35:48,560 can do research. And I may be right, 1547 01:35:48,560 --> 01:35:50,880 wrong, whatever on my comments. But I my 1548 01:35:50,880 --> 01:35:52,560 wife and I own the property between the 1549 01:35:52,560 --> 01:35:54,994 hatchery and the proposed project. So I live 1550 01:35:54,994 --> 01:35:57,715 that river every day. We purchased it from 1551 01:35:57,715 --> 01:36:00,675 John Anderson's son, the gentleman that several people 1552 01:36:00,675 --> 01:36:02,835 have talked to. He when we bought the 1553 01:36:02,835 --> 01:36:05,715 property from him six years ago, he spent 1554 01:36:05,715 --> 01:36:07,554 two hours walking with my wife and said, 1555 01:36:07,554 --> 01:36:08,835 I'll sell it to you only because you 1556 01:36:08,835 --> 01:36:10,840 guys understand what this river is all about. 1557 01:36:11,239 --> 01:36:12,600 He wasn't going to sell it just to 1558 01:36:12,600 --> 01:36:14,760 anybody, but we felt we felt very lucky 1559 01:36:14,760 --> 01:36:16,120 to have it. Now we've lived in Cowlitz 1560 01:36:16,120 --> 01:36:17,880 County for almost thirty years, but not on 1561 01:36:17,880 --> 01:36:19,719 the river. So I do want to go 1562 01:36:19,719 --> 01:36:22,440 through some my prepared comments and that's why 1563 01:36:22,440 --> 01:36:24,245 it's going go longer, maybe five minutes. But 1564 01:36:24,245 --> 01:36:25,365 I do wanna say one more thing because 1565 01:36:25,365 --> 01:36:26,485 I'm not sure it's gonna come out of 1566 01:36:26,485 --> 01:36:29,285 here. The biggest benefit from this hearing that 1567 01:36:29,285 --> 01:36:31,285 I've had so heard so far is the 1568 01:36:31,285 --> 01:36:33,125 thing that has been missed to this point. 1569 01:36:33,125 --> 01:36:35,525 And no offense to the county. These two 1570 01:36:35,525 --> 01:36:37,605 gentlemen have been so polite and so good, 1571 01:36:38,110 --> 01:36:42,270 Mr. Adam and Cody, because I've sent lots 1572 01:36:42,270 --> 01:36:44,270 of messages. They've never done anything but respect 1573 01:36:44,270 --> 01:36:47,710 to me. And I appreciate the engineering reports. 1574 01:36:47,710 --> 01:36:51,150 I'm sure they're right. But the point that's 1575 01:36:51,150 --> 01:36:53,515 being missed that I feel like you're accentuating 1576 01:36:53,515 --> 01:36:55,515 is that we're looking at these slices of 1577 01:36:55,515 --> 01:36:57,195 a pie. We're looking at the salt, the 1578 01:36:57,195 --> 01:36:58,715 ingredients of the pie, but no one's looking 1579 01:36:58,715 --> 01:37:00,875 at the whole picture. It's a cumulative effect 1580 01:37:00,875 --> 01:37:02,875 of this whole thing that is impacting this 1581 01:37:02,875 --> 01:37:05,780 area. It's these people. It's a wildlife. And 1582 01:37:05,780 --> 01:37:07,540 when you start saying, we're going to put 1583 01:37:07,540 --> 01:37:08,980 five more feet of pavement and we've met 1584 01:37:08,980 --> 01:37:11,060 this code. Great. You know, we're going put 1585 01:37:11,060 --> 01:37:12,420 a septic tank in here and it's going 1586 01:37:12,420 --> 01:37:14,340 to meet that great. Well, septic when it 1587 01:37:14,340 --> 01:37:15,540 runs off is going to run down to 1588 01:37:15,540 --> 01:37:17,620 the end of the field where if anybody 1589 01:37:17,620 --> 01:37:19,485 goes out there and looks right now it's 1590 01:37:19,485 --> 01:37:21,485 falling off this last year it's falling up 1591 01:37:21,485 --> 01:37:23,885 and coming to my property. Bainbridge it's running 1592 01:37:23,885 --> 01:37:25,405 through the field and going down there they've 1593 01:37:25,405 --> 01:37:27,565 got trails that are going through the wetland 1594 01:37:27,565 --> 01:37:29,885 right up to my property. Bainbridge What why 1595 01:37:29,885 --> 01:37:32,650 aren't we talking about that No one seems 1596 01:37:32,650 --> 01:37:34,250 to be looking big picture, but I appreciate 1597 01:37:34,250 --> 01:37:36,090 the questions that you've asked because at a 1598 01:37:36,090 --> 01:37:38,570 very minimum, it feels like you are doing 1599 01:37:38,570 --> 01:37:41,850 that. I appreciate that. Not worth anything, but 1600 01:37:41,850 --> 01:37:44,250 worth it to me and my family. So 1601 01:37:45,530 --> 01:37:47,895 I would like to read my comments. And 1602 01:37:47,895 --> 01:37:49,415 I wanna take a little different approach. I'm 1603 01:37:49,415 --> 01:37:51,175 not gonna rehash everything that I sent in 1604 01:37:51,175 --> 01:37:52,934 the hundreds of pages. So there is a 1605 01:37:52,934 --> 01:37:55,175 little different view here. As I said, my 1606 01:37:55,255 --> 01:37:56,775 And and mister Wall, are you gonna be 1607 01:37:56,775 --> 01:37:58,695 reading from that? Yeah. And I'll leave this 1608 01:37:58,695 --> 01:38:00,695 with you. Great. Yeah. I'll try to slow 1609 01:38:00,695 --> 01:38:01,895 down a little bit. I do tend to 1610 01:38:01,895 --> 01:38:04,580 talk a little fast. So, like I said, 1611 01:38:04,580 --> 01:38:06,340 my wife and I live at 4307 Clam 1612 01:38:06,340 --> 01:38:08,660 River Road, between the hatchery and the property 1613 01:38:08,660 --> 01:38:12,340 that's being proposed for this project. We chose 1614 01:38:12,340 --> 01:38:14,179 this place for its peace in its river. 1615 01:38:14,500 --> 01:38:16,580 We pay our taxes and maintain our property 1616 01:38:16,580 --> 01:38:19,045 with expectation that the county will also act 1617 01:38:19,045 --> 01:38:20,565 as a steward for the residents who already 1618 01:38:20,565 --> 01:38:23,125 live here, not just commercial applicant. It's not 1619 01:38:23,125 --> 01:38:24,965 a simple land use decision as we've seen 1620 01:38:24,965 --> 01:38:27,205 here today. It's a clear choice between upholding 1621 01:38:27,205 --> 01:38:28,805 the duty of the county to protect existing 1622 01:38:28,805 --> 01:38:30,485 rights and improving a project that will cause 1623 01:38:30,485 --> 01:38:35,010 irreversible harm. I've already submitted detailed comments highlighting 1624 01:38:35,010 --> 01:38:36,610 what I view as deficiency in the review 1625 01:38:36,610 --> 01:38:39,330 to date, including the failure to assess the 1626 01:38:39,330 --> 01:38:41,969 cumulative impacts as required by the law and 1627 01:38:41,969 --> 01:38:44,210 misleading guidance provided by the county related to 1628 01:38:44,210 --> 01:38:45,969 the appeal process. So I'm not gonna go 1629 01:38:45,969 --> 01:38:49,495 into those again. And I said, I appreciate 1630 01:38:49,495 --> 01:38:52,935 you having reviewed those in your assessment. This 1631 01:38:52,935 --> 01:38:54,775 project's the wrong project at the wrong time 1632 01:38:54,775 --> 01:38:57,175 and the reviews been far too thin, relying 1633 01:38:57,175 --> 01:38:59,495 on the applicant page studies and avoiding hard 1634 01:38:59,495 --> 01:39:03,340 questions with specific details. For example, the traffic 1635 01:39:03,340 --> 01:39:05,740 report. The photos are in the traffic report. 1636 01:39:05,740 --> 01:39:07,900 Don't show the intersection. They're all looking downstream. 1637 01:39:07,900 --> 01:39:09,660 They're not looking at the problem that's there. 1638 01:39:09,660 --> 01:39:12,540 They're looking away from it. Staff reports characterization 1639 01:39:12,540 --> 01:39:14,300 of this as a relatively small is a 1640 01:39:14,300 --> 01:39:17,415 direct contradiction of reality. And relatively small, I 1641 01:39:17,415 --> 01:39:19,575 get what relatively means, but relative to what's 1642 01:39:19,575 --> 01:39:21,495 there now, this is monumental. This is a 1643 01:39:21,495 --> 01:39:23,655 city. There's nothing like that there. So calling 1644 01:39:23,655 --> 01:39:26,215 this relatively small and then applying the filters 1645 01:39:26,295 --> 01:39:29,870 of what relatively small means is wrong. 37 1646 01:39:29,870 --> 01:39:32,190 sites, many of them essentially permanent with the 1647 01:39:32,190 --> 01:39:36,910 geodomes and the drop structures. Calmins, hosting easily 1648 01:39:36,910 --> 01:39:38,910 thousands of visitors annually, it's not hard to 1649 01:39:38,910 --> 01:39:41,390 do the math to get there. 37 campsites, 1650 01:39:41,505 --> 01:39:44,385 couple people fifty two weeks a year, you 1651 01:39:44,385 --> 01:39:47,025 can get there real easy. Annually is a 1652 01:39:47,025 --> 01:39:48,864 commercial venture of the scale of a new 1653 01:39:48,864 --> 01:39:51,745 subdivision without the accountability if we put five 1654 01:39:51,745 --> 01:39:54,304 houses in there you'd have Homeowners. They're responsible 1655 01:39:54,304 --> 01:39:56,250 they're taking care of their property You've got 1656 01:39:56,250 --> 01:39:57,770 thousands of people coming in, but all they 1657 01:39:57,770 --> 01:39:58,890 want to do is get in there, have 1658 01:39:58,890 --> 01:40:01,370 a good time and get out. The accountability 1659 01:40:01,370 --> 01:40:03,850 is not there, and it minimizes the exposes 1660 01:40:03,850 --> 01:40:05,770 the fundamental flaw in the county's approach to 1661 01:40:05,770 --> 01:40:08,730 this. So from my standpoint, this would this 1662 01:40:08,885 --> 01:40:10,805 ultimately results in only one thing that this 1663 01:40:10,805 --> 01:40:14,005 application should be denied. So the debate on 1664 01:40:14,005 --> 01:40:16,245 this project ultimately centers on one core legal 1665 01:40:16,245 --> 01:40:19,765 principle in my opinion, because I can't I 1666 01:40:19,765 --> 01:40:22,325 can't argue the the environmental impact that I'm 1667 01:40:22,325 --> 01:40:23,980 that's not my thing I appreciate the fish 1668 01:40:23,980 --> 01:40:25,660 and wildlife people being here because I thought 1669 01:40:25,660 --> 01:40:27,900 that's such a huge. Of it, but we're 1670 01:40:27,900 --> 01:40:30,140 talking about property rights and that's the core 1671 01:40:30,140 --> 01:40:31,980 of my comment today property rights, not just 1672 01:40:31,980 --> 01:40:33,660 the right of somebody that can pay to 1673 01:40:33,660 --> 01:40:37,145 have. Engineering firm put an engineer together legal 1674 01:40:37,145 --> 01:40:39,224 and go through all the permitting but rights 1675 01:40:39,224 --> 01:40:41,945 about the people that live there today. Taking 1676 01:40:41,945 --> 01:40:44,425 their rights away not not diminishing why they 1677 01:40:44,425 --> 01:40:46,344 moved there not having to do with deal 1678 01:40:46,344 --> 01:40:47,864 with all the traffic coming up and down. 1679 01:40:48,170 --> 01:40:50,170 We have amendments in The United States, the 1680 01:40:50,170 --> 01:40:52,330 fourth and fifteenth that protect these rights in 1681 01:40:52,330 --> 01:40:55,610 the Washington State Constitution Article one section 16 1682 01:40:55,770 --> 01:40:58,810 also states that given private property shall not 1683 01:40:58,810 --> 01:41:01,795 be taken or damaged without just compensation. Term 1684 01:41:01,795 --> 01:41:03,795 damage is crucial because it means any government 1685 01:41:03,795 --> 01:41:06,675 action, including land use approval that demonstrably harms 1686 01:41:06,675 --> 01:41:08,515 the value, safety, livability of a property is 1687 01:41:08,515 --> 01:41:10,675 a violation of this right. Now I personally, 1688 01:41:10,675 --> 01:41:12,195 I can't speak on behalf of everybody in 1689 01:41:12,195 --> 01:41:14,355 here, but I personally say this will harm 1690 01:41:14,355 --> 01:41:16,835 my property values. It will harm my way 1691 01:41:16,835 --> 01:41:18,530 of life if this is approved as it 1692 01:41:18,530 --> 01:41:21,010 stands. Approving this project as a government action 1693 01:41:21,010 --> 01:41:23,570 will cause direct and measurable harm. It will 1694 01:41:23,570 --> 01:41:25,410 erode our rights to peace and safety, diminish 1695 01:41:25,410 --> 01:41:27,490 property values, and permanently alter this unique character 1696 01:41:27,490 --> 01:41:31,135 of this valley. Transforming a protected community environmentally 1697 01:41:31,135 --> 01:41:34,255 fragile area into a commercialized and degraded landscape. 1698 01:41:35,295 --> 01:41:37,135 And I don't have 20 pages here. Have 1699 01:41:37,135 --> 01:41:40,015 one more, so no. Sorry. The applicant applicant 1700 01:41:40,015 --> 01:41:42,175 may promise mitigation, but the impacts are so 1701 01:41:42,175 --> 01:41:44,495 severe and cumulative cumulative that they cannot be 1702 01:41:44,495 --> 01:41:46,420 mitigated, and the risks are too high for 1703 01:41:46,420 --> 01:41:48,980 just promises. They represent a fundamental and destructive 1704 01:41:48,980 --> 01:41:51,700 shift in our community's character. Constant noise, light, 1705 01:41:51,700 --> 01:41:53,620 and crowds from thousands of visitors will permanently 1706 01:41:53,620 --> 01:41:55,460 shatter the peace we relied on. There's no 1707 01:41:55,460 --> 01:41:58,594 fence high enough to contain this impact. The 1708 01:41:58,594 --> 01:42:00,915 access point is a blind intersection, an unsuited 1709 01:42:00,915 --> 01:42:03,235 rural road is risky for disaster. Hundreds of 1710 01:42:03,235 --> 01:42:06,195 weekly vehicles, thousands of annual visitors will inevitably 1711 01:42:06,195 --> 01:42:09,155 lead to collisions and compromise emergency access for 1712 01:42:09,155 --> 01:42:11,074 every resident in this canyon. This isn't a 1713 01:42:11,074 --> 01:42:14,050 speculative risk, it's a certainty. The project site 1714 01:42:14,050 --> 01:42:16,130 is known as a floodplain. Increase in perrier 1715 01:42:16,130 --> 01:42:19,170 services will exacerbate flooding for downstream neighbors, a 1716 01:42:19,170 --> 01:42:22,050 risk proven by previous events. Furthermore, the commercial 1717 01:42:22,050 --> 01:42:23,810 use of wells and septic systems will strain 1718 01:42:23,810 --> 01:42:26,425 our shelled aquifers, our shared aquifers and risk 1719 01:42:26,425 --> 01:42:29,465 contaminated drinking water. In the report, I shared 1720 01:42:29,465 --> 01:42:30,985 some photos from the last time the flood 1721 01:42:30,985 --> 01:42:33,865 did come through. Every single standing structure that's 1722 01:42:33,865 --> 01:42:35,465 there today was inundated with at least two 1723 01:42:35,465 --> 01:42:37,305 to three feet of water. That water all 1724 01:42:37,305 --> 01:42:40,120 went on downstream, down through my property, to 1725 01:42:40,120 --> 01:42:43,560 the hatchery, down river. Continuing that and building 1726 01:42:43,560 --> 01:42:46,040 on that, I don't understand how how that 1727 01:42:46,040 --> 01:42:48,760 could be approved. Duty of the county is 1728 01:42:48,760 --> 01:42:49,960 not to find a way to approve this 1729 01:42:49,960 --> 01:42:52,280 application. Duty is county is to protect the 1730 01:42:52,280 --> 01:42:54,665 people and the environment served. The duty is 1731 01:42:54,665 --> 01:42:56,425 to uphold the law. The law requires a 1732 01:42:56,425 --> 01:42:59,145 substantive review of cumulative impacts under SEPA, not 1733 01:42:59,145 --> 01:43:02,825 a simple box checking exercise. Duties protect existing 1734 01:43:02,825 --> 01:43:05,785 property rights. Cannot guarantee commercial privileges to one 1735 01:43:05,785 --> 01:43:07,705 applicant by taking away the constitutional rights of 1736 01:43:07,705 --> 01:43:11,630 many other long standing residents. The duty is 1737 01:43:11,630 --> 01:43:14,750 to be the final barrier to help unavoidable 1738 01:43:14,750 --> 01:43:17,070 harms to this project cannot be mitigated. The 1739 01:43:17,070 --> 01:43:19,150 only legal and ethical resource for my opinion 1740 01:43:19,150 --> 01:43:24,045 is to deny the application as proposed. I'll 1741 01:43:24,045 --> 01:43:26,925 stop there. Thank you. Okay. Thank you. And 1742 01:43:26,925 --> 01:43:29,085 if you'll give those comments to the staff 1743 01:43:29,085 --> 01:43:32,284 so that they can make copies and provide 1744 01:43:32,284 --> 01:43:36,670 me with one. No offense, guys. You've been 1745 01:43:36,670 --> 01:43:38,989 great. But I was understood that we had 1746 01:43:38,989 --> 01:43:41,070 no option to provide anything written. Had I 1747 01:43:41,070 --> 01:43:43,230 known I could give something, I'd have three 1748 01:43:43,230 --> 01:43:46,110 more pages here of things. So I do 1749 01:43:46,110 --> 01:43:47,550 have some other things that I think are 1750 01:43:47,550 --> 01:43:51,295 very valid. Once I'll I'll come back to 1751 01:43:51,295 --> 01:43:55,215 that, mister Paul in a slightly request that 1752 01:43:55,215 --> 01:43:59,535 property, a public records release that was given 1753 01:43:59,535 --> 01:44:02,415 on Friday last week after the 5PM deadline. 1754 01:44:03,270 --> 01:44:05,510 I'll come back to that in a somewhat 1755 01:44:05,510 --> 01:44:09,750 different way. Sorry. So we'll recognize, and I 1756 01:44:09,750 --> 01:44:11,830 did not take notes because I anticipated Mr. 1757 01:44:11,830 --> 01:44:15,350 Walls has proceeded testimony. So that becomes exhibit 1758 01:44:15,350 --> 01:44:17,535 101. And again, if make that available to 1759 01:44:17,535 --> 01:44:19,055 the county so that I do have that, 1760 01:44:19,055 --> 01:44:22,175 Mr. Wall, that'd be great. We've gone through 1761 01:44:22,175 --> 01:44:25,375 the list of those who signed up. Again, 1762 01:44:25,455 --> 01:44:28,095 that's not in stone. And if there's anyone 1763 01:44:28,095 --> 01:44:30,175 else, a member of the public who would 1764 01:44:30,175 --> 01:44:31,695 like to be heard that did not sign 1765 01:44:31,695 --> 01:44:36,760 up, This is not two rounds, but if 1766 01:44:36,760 --> 01:44:40,440 there's anyone who didn't have the chance do 1767 01:44:40,440 --> 01:44:43,400 so, is there anyone who had not been 1768 01:44:43,400 --> 01:44:45,480 given the opportunity who would like to testify? 1769 01:44:46,685 --> 01:44:48,605 My record will reflect that there are no 1770 01:44:48,605 --> 01:44:51,885 takers and I do apologize that I, Mr. 1771 01:44:51,885 --> 01:44:54,925 Grimes, keep it to one time around, otherwise 1772 01:44:54,925 --> 01:44:56,765 we sort of again lose a bit of 1773 01:44:56,765 --> 01:45:00,399 control to our hearing. Now having said that, 1774 01:45:01,040 --> 01:45:04,400 by rule, the county and the applicant get 1775 01:45:04,400 --> 01:45:07,679 a chance to respond. Response is an inherent 1776 01:45:07,679 --> 01:45:10,560 piece of all public hearings. And so if 1777 01:45:10,560 --> 01:45:13,565 the county has any responses that wish to 1778 01:45:13,565 --> 01:45:16,605 make either to the applicant's presentation or to 1779 01:45:16,605 --> 01:45:19,005 the public presentation, Mr. Kreitz, there anything you 1780 01:45:19,005 --> 01:45:38,360 wish to say in response? Well, I forget 1781 01:45:38,360 --> 01:45:40,840 that we have this as a hybrid format. 1782 01:45:41,775 --> 01:45:45,855 Thank you. Is the record reflecting anyone appearing 1783 01:45:45,855 --> 01:45:49,215 remotely who wishes to be heard? No one 1784 01:45:49,215 --> 01:45:51,215 has provided any input or request to speak. 1785 01:45:51,215 --> 01:45:54,895 Okay, thank you. And then now let's make 1786 01:45:54,895 --> 01:45:57,800 it clear. If you're online and you're attending 1787 01:45:57,800 --> 01:46:01,400 this hearing, you can unmute at this time, 1788 01:46:01,640 --> 01:46:04,280 identify yourself and ask to testify and we 1789 01:46:04,280 --> 01:46:08,840 will recognize you. Just give that a moment. 1790 01:46:14,035 --> 01:46:16,675 If you're having trouble unmuting, you can use 1791 01:46:16,675 --> 01:46:19,555 the raise hand or the chat function in 1792 01:46:19,555 --> 01:46:27,949 Zoom to get our attention. Okay, we do 1793 01:46:27,949 --> 01:46:29,870 have a few guests online. I don't see 1794 01:46:29,870 --> 01:46:33,469 anybody unmuting. We have, we know at least 1795 01:46:33,469 --> 01:46:37,284 one person is online for the applicant. So, 1796 01:46:37,284 --> 01:46:38,885 at this time, we're asking members of the 1797 01:46:38,885 --> 01:46:42,645 public who are on the virtual call. You 1798 01:46:42,645 --> 01:46:45,204 can unmute, identify yourself, and we will recognize 1799 01:46:45,204 --> 01:46:47,844 you if you'd like to be heard. Okay, 1800 01:46:47,844 --> 01:46:50,760 see a hand up from beginning with letter 1801 01:46:50,760 --> 01:46:56,360 A. So, if you're able to unmute on 1802 01:46:56,360 --> 01:47:00,040 your end, go ahead and I've asked you 1803 01:47:00,040 --> 01:47:02,395 to unmute on your side. Should be able 1804 01:47:02,395 --> 01:47:12,955 to speak if you can unmute yourself. Okay. 1805 01:47:17,700 --> 01:47:19,620 Do you wanna try and Do you have 1806 01:47:19,620 --> 01:47:28,715 any controls over there? Okay, we've got an 1807 01:47:28,715 --> 01:47:32,155 accidental, I'm listening in comment. So it appears 1808 01:47:32,155 --> 01:47:38,155 that the hand raise was accidental. So to 1809 01:47:38,155 --> 01:47:39,755 break that to a conclose, I think it's 1810 01:47:39,755 --> 01:47:42,160 fair say that there are no members of 1811 01:47:42,160 --> 01:47:44,400 the public appearing virtually who do want to 1812 01:47:44,400 --> 01:47:46,880 be heard, which then gets us back to 1813 01:47:46,880 --> 01:47:49,280 the opportunity of both the applicant and the 1814 01:47:49,280 --> 01:47:53,200 county for response. So Mr. Kreitzer, Mr. Trimble, 1815 01:47:53,915 --> 01:47:55,835 started to ask you if you had any 1816 01:47:55,835 --> 01:47:59,755 response and then we got interrupted. Is there 1817 01:47:59,755 --> 01:48:04,955 any county response or rebuttal? Yeah, I believe 1818 01:48:04,955 --> 01:48:07,035 we can speak to some of the comments 1819 01:48:07,035 --> 01:48:11,070 made. Let me see first if the applicant 1820 01:48:11,070 --> 01:48:13,790 team is gonna ask the traffic engineer to 1821 01:48:13,790 --> 01:48:17,070 speak. We had several comments about traffic. So, 1822 01:48:17,070 --> 01:48:20,865 think it'd be appropriate to invite Mr. Christopher 1823 01:48:20,865 --> 01:48:23,505 Clemmau. If you wanna speak to the traffic 1824 01:48:23,505 --> 01:48:26,465 issue and comments raised, this would be a 1825 01:48:26,465 --> 01:48:27,985 great time to do that. You can unmute. 1826 01:48:34,300 --> 01:48:37,659 Chris Klimab. Can you hear me? Yes, I 1827 01:48:37,659 --> 01:48:41,500 can. So Mr. Klimab, let's have you, the 1828 01:48:41,500 --> 01:48:44,699 county has proposed your testimony in response to 1829 01:48:44,699 --> 01:48:47,020 the public comments. So let's first have you 1830 01:48:47,020 --> 01:48:50,115 sworn. Do you swear or affirm to tell 1831 01:48:50,115 --> 01:48:52,035 the truth, the whole truth and nothing but 1832 01:48:52,035 --> 01:48:58,915 the truth? Yes, I do. And so, I 1833 01:48:58,915 --> 01:49:01,075 don't, this becomes sort of the county's witness 1834 01:49:01,075 --> 01:49:06,610 at this point. Or I can ask either 1835 01:49:06,610 --> 01:49:09,489 the county or the applicant if you want 1836 01:49:09,489 --> 01:49:11,730 to give some direction to Mr. Climao or 1837 01:49:11,730 --> 01:49:13,570 you would like him to provide narrative and 1838 01:49:13,570 --> 01:49:16,525 in response to public testimony, how would you 1839 01:49:16,525 --> 01:49:24,044 like him to present? Chris, if you had 1840 01:49:24,204 --> 01:49:27,804 taken any comments and had some notes, I 1841 01:49:27,804 --> 01:49:30,010 would say just start with the first one 1842 01:49:30,010 --> 01:49:34,010 that you wanted to respond to. Okay, yes. 1843 01:49:35,450 --> 01:49:40,505 Several kind of observation here is that the 1844 01:49:40,505 --> 01:49:44,344 transportation analysis that we performed for this project 1845 01:49:44,344 --> 01:49:48,905 was focused on largely on-site distance at the 1846 01:49:49,145 --> 01:49:53,945 existing intersection. And I should say that the 1847 01:49:54,344 --> 01:49:58,480 standard or the requirements from the Cowlitz County 1848 01:49:58,480 --> 01:50:04,000 code essentially reference it says intersections governed by 1849 01:50:04,000 --> 01:50:06,960 this section shall provide adequate distance site distance 1850 01:50:06,960 --> 01:50:11,525 per standard design criteria, which I will point 1851 01:50:11,525 --> 01:50:17,445 that the standard design criteria is by AASHTO, 1852 01:50:17,445 --> 01:50:20,804 which is the American Association of State Highway 1853 01:50:20,804 --> 01:50:24,700 Transportation Officials. But there's two products that they 1854 01:50:24,700 --> 01:50:26,540 use, which is the green which is that 1855 01:50:26,540 --> 01:50:29,020 basically they're designed for highways and streets. It's 1856 01:50:29,020 --> 01:50:32,300 formally or commonly known as Green Book. And 1857 01:50:32,300 --> 01:50:35,420 it sets site distance kind of requirements that 1858 01:50:35,420 --> 01:50:37,695 agencies such as the county then adopt as 1859 01:50:37,695 --> 01:50:42,415 their standard. But even more importantly for roadways 1860 01:50:42,415 --> 01:50:45,534 such as this which has a lower traffic 1861 01:50:45,534 --> 01:50:49,770 volume, you use what ASHA refers to as 1862 01:50:49,770 --> 01:50:56,410 their guidelines for low volume roadways. Distinction here 1863 01:50:56,410 --> 01:50:59,850 being that while you measure sight distance at 1864 01:50:59,850 --> 01:51:02,650 the intersection, and there's no denying here that 1865 01:51:02,650 --> 01:51:07,844 this site access point has some limited, in 1866 01:51:07,844 --> 01:51:11,285 particular, horizontal clearance because it's on the outside 1867 01:51:11,285 --> 01:51:16,700 of a horizontal curve, the access is. It 1868 01:51:16,700 --> 01:51:19,180 is limited due to that. But then the 1869 01:51:19,180 --> 01:51:24,940 question is from, let's say, a regulatory standpoint, 1870 01:51:25,740 --> 01:51:30,695 is that an issue? From AASHTO's design guide 1871 01:51:30,695 --> 01:51:34,775 perspective, low volume roads have a actually have 1872 01:51:34,775 --> 01:51:43,380 a fairly low threshold criteria. And meaning, unless 1873 01:51:43,380 --> 01:51:46,820 there is an incident, you know, a documented 1874 01:51:46,820 --> 01:51:50,260 history of crashes here at this location, it's 1875 01:51:50,260 --> 01:51:54,755 usually that any changes are unlikely to gonna 1876 01:51:54,755 --> 01:51:59,875 kind of improve anything. Again, we've looked, okay, 1877 01:51:59,875 --> 01:52:02,835 so what I should say then is, I 1878 01:52:02,835 --> 01:52:05,475 mean that's the general AASHTO guidance is that 1879 01:52:05,475 --> 01:52:10,115 the existing condition can remain unless there's evidence 1880 01:52:10,810 --> 01:52:15,770 of a site specific crash pattern and or 1881 01:52:16,170 --> 01:52:19,370 that there's something clearly that this is going 1882 01:52:19,370 --> 01:52:21,530 to improve and the fact that there isn't 1883 01:52:21,530 --> 01:52:24,355 here because we went out, we counted not 1884 01:52:24,355 --> 01:52:26,755 only the traffic, we looked at the speeds, 1885 01:52:27,315 --> 01:52:32,034 and we measured sight distance. Required of stopping 1886 01:52:32,034 --> 01:52:35,315 sight distance in both directions is met. Well, 1887 01:52:35,315 --> 01:52:38,594 intersection sight distance is a little deficient in 1888 01:52:38,594 --> 01:52:43,530 one direction. Again, that's a desire. Okay. So 1889 01:52:43,530 --> 01:52:45,770 I should say there's a distinction between stopping 1890 01:52:45,770 --> 01:52:49,929 and intersection sight distance. Intersection is a desired 1891 01:52:51,290 --> 01:52:54,250 length. Stopping sight distance is more of a 1892 01:52:54,250 --> 01:53:00,955 required length. Intersection sight distance is met in 1893 01:53:01,435 --> 01:53:04,475 in all instances except for one, which is, 1894 01:53:04,795 --> 01:53:06,475 kind of a left turn from the stop 1895 01:53:06,475 --> 01:53:09,920 looking to the south, but the stopping sight 1896 01:53:09,920 --> 01:53:14,720 distance is made is met. So I guess 1897 01:53:14,720 --> 01:53:18,400 the short answer here is is that all 1898 01:53:18,400 --> 01:53:22,235 the necessary sight distance requirements are met. The 1899 01:53:22,235 --> 01:53:25,755 AASHTO guidance is that everything can remain in 1900 01:53:25,755 --> 01:53:28,395 place unless there's evidence, you know, kind of 1901 01:53:28,395 --> 01:53:31,675 some site specific crash pattern, which there isn't. 1902 01:53:33,275 --> 01:53:35,114 Yeah. I I I don't know how to 1903 01:53:35,114 --> 01:53:38,180 summarize this. I I understand that it's not 1904 01:53:38,180 --> 01:53:42,020 perfect out there, but the standard is that 1905 01:53:42,020 --> 01:53:49,380 there's no documented deficiency. So it's it's okay 1906 01:53:49,380 --> 01:53:53,625 to remain as is. That's what I have 1907 01:53:53,625 --> 01:53:57,465 to say. Does either the county, the applicant 1908 01:53:57,465 --> 01:53:59,465 wish to ask any other questions of the 1909 01:53:59,465 --> 01:54:04,185 witness? We do not, but the county does 1910 01:54:04,185 --> 01:54:07,620 have another witness as well. Okay. Thank you, 1911 01:54:07,620 --> 01:54:12,740 Mr. Klimao. And your other witness? Patrick Harbison 1912 01:54:12,740 --> 01:54:28,844 with Department of Public Works. Where is Mr. 1913 01:54:28,844 --> 01:54:32,364 I get this. Oh, sorry. Sometimes people are 1914 01:54:32,364 --> 01:54:36,410 just too close. Good morning, Mr. Arborson. Have 1915 01:54:36,410 --> 01:54:38,170 you sworn? Do you swear or affirm to 1916 01:54:38,170 --> 01:54:39,690 tell the truth, the whole truth and nothing 1917 01:54:39,690 --> 01:54:42,570 but the truth? I do. Go ahead. And 1918 01:54:42,570 --> 01:54:45,530 again, Patrick Arborson, Cowles County Department of Public 1919 01:54:45,530 --> 01:54:49,185 Works. In regards to the site distance issue, 1920 01:54:49,585 --> 01:54:51,265 try to simplify it a little bit for 1921 01:54:51,265 --> 01:54:56,225 you. All the intersection site doesn't meet requirements. 1922 01:54:56,945 --> 01:54:59,840 The one that was brought up as insufficient 1923 01:55:00,320 --> 01:55:03,920 is a stop controlled intersection. That leg has 1924 01:55:03,920 --> 01:55:07,360 a stop sign on it. And so the 1925 01:55:07,360 --> 01:55:09,360 site distance pretty much becomes null and void 1926 01:55:09,360 --> 01:55:13,835 because cars are supposed to stop. The the 1927 01:55:13,835 --> 01:55:18,315 direction that most was most discussed today regarding 1928 01:55:18,315 --> 01:55:22,315 the trucks comes down from Greenwood Weyerhaeuser, and 1929 01:55:22,315 --> 01:55:26,570 that has a sufficient sight distance according to 1930 01:55:26,570 --> 01:55:39,530 the traffic analysis. Okay. Anything else, Mr. Armisen? 1931 01:55:40,185 --> 01:55:43,065 The only other thing I'd add is that 1932 01:55:43,065 --> 01:55:47,305 the current preliminary stormwater proposal does meet Cowlitz 1933 01:55:47,305 --> 01:55:50,105 County Code sixteen twenty, and final review will 1934 01:55:50,105 --> 01:55:54,585 be once your decision is rendered and they 1935 01:55:54,585 --> 01:56:02,080 submit. Okay, let me, let's try that one 1936 01:56:02,080 --> 01:56:07,440 again. So they presented a preliminary stormwater plan? 1937 01:56:07,440 --> 01:56:18,155 Yes. That's in the record. Okay. It's the 1938 01:56:18,155 --> 01:56:20,795 very long report near the end. Right. The 1939 01:56:20,795 --> 01:56:22,880 one with all the pages and pages and 1940 01:56:22,880 --> 01:56:25,760 pages of statistics that no one ever looks 1941 01:56:25,760 --> 01:56:33,440 at. I take offense. Yeah, exactly. So, and 1942 01:56:33,440 --> 01:56:35,815 again, can you confirm that that is incorporating 1943 01:56:35,815 --> 01:56:40,295 existing structures into the necessary stormwater management? Correct. 1944 01:56:40,295 --> 01:56:45,335 Okay. How would you describe its retention and 1945 01:56:45,335 --> 01:56:49,329 treatment system? They use low impact development techniques 1946 01:56:49,489 --> 01:56:53,570 to treat and dispose of the water appropriately. 1947 01:56:57,570 --> 01:57:00,449 Is that on a sheet dispersal type system 1948 01:57:00,449 --> 01:57:03,385 then? It depends on what the source of 1949 01:57:03,385 --> 01:57:06,344 it is. They do dispersion for roads and 1950 01:57:06,344 --> 01:57:08,025 they use splash blocks for some of the 1951 01:57:08,025 --> 01:57:12,905 roofs, some compost amended vegetated filter strips for 1952 01:57:12,905 --> 01:57:16,025 other areas. They specifically designed it depending on 1953 01:57:16,025 --> 01:57:21,900 what is generating the pollution generation. Okay. And 1954 01:57:21,900 --> 01:57:26,139 at least preliminarily, it meets the county's most 1955 01:57:26,139 --> 01:57:47,530 recent version of the stormwater manual. Yes. Would 1956 01:57:47,530 --> 01:57:51,290 wastewater issues be in your strike zone? No. 1957 01:57:51,290 --> 01:57:58,010 Okay. So for the county, we do have 1958 01:57:58,010 --> 01:58:01,105 our environmental health manager here who I think 1959 01:58:01,105 --> 01:58:04,625 can speak generally to requirements that will apply 1960 01:58:04,625 --> 01:58:06,705 to this and all projects in the county. 1961 01:58:07,505 --> 01:58:10,305 As opposed to a condition of approval that 1962 01:58:10,305 --> 01:58:13,590 may be customized. You know, we do have 1963 01:58:13,590 --> 01:58:15,910 regulations in place that must be met, right? 1964 01:58:15,910 --> 01:58:18,710 So, we do have our staff here, Andrea 1965 01:58:18,710 --> 01:58:23,350 Yoho, who can speak to those. And how's 1966 01:58:23,350 --> 01:58:27,505 your last name spelled? Good morning, Andrea Yoho. 1967 01:58:27,505 --> 01:58:29,905 Last name is spelled y o h o, 1968 01:58:29,985 --> 01:58:41,640 Cowlitz County Health and Human Services. Okay. Miss 1969 01:58:41,640 --> 01:58:43,320 Yoho, let's have you sworn. Do you swear 1970 01:58:43,320 --> 01:58:44,600 or affirm to tell the truth, the whole 1971 01:58:44,600 --> 01:58:46,680 truth, and nothing but the truth? I do. 1972 01:58:46,680 --> 01:58:53,365 Go ahead. So my understanding is that the 1973 01:58:53,365 --> 01:58:55,045 question at hand is whether or not there 1974 01:58:55,045 --> 01:58:57,525 be an approved means of septic disposal on-site. 1975 01:58:58,165 --> 01:59:01,125 Cowlitz County code fifteen forty five requires general 1976 01:59:01,125 --> 01:59:04,645 sand has general sanitation requirements for any campground 1977 01:59:04,645 --> 01:59:07,899 or rv park within the county, And those 1978 01:59:07,980 --> 01:59:13,499 sanitation codes then refer back to WAC 246272A, 1979 01:59:13,900 --> 01:59:19,020 provide specifications for installation of septic systems based 1980 01:59:19,020 --> 01:59:22,755 on the number of people that the system 1981 01:59:22,755 --> 01:59:26,115 would be serving on a routine basis and 1982 01:59:26,115 --> 01:59:28,675 is dependent on the soil type up at 1983 01:59:28,675 --> 01:59:31,155 the site to determine the treatment level and 1984 01:59:31,155 --> 01:59:33,955 what that system, the functions and the parameters 1985 01:59:34,120 --> 01:59:39,400 of that system would require. Okay. As part 1986 01:59:39,400 --> 01:59:41,880 of soil type analysis, I assume you would 1987 01:59:41,960 --> 01:59:48,165 take into consideration floodway, floodplain, and other things 1988 01:59:48,165 --> 01:59:51,685 impacting soil type? Yes, sir. The WAC requires, 1989 01:59:51,685 --> 01:59:54,325 there are certain setbacks from the ordinary high 1990 01:59:54,325 --> 01:59:56,405 watermark. That's a 100 foot setback that the 1991 01:59:56,405 --> 02:00:02,165 drain field must meet. Setback from which line? 1992 02:00:02,165 --> 02:00:11,020 The ordinary high watermark. Any setback from the 1993 02:00:11,020 --> 02:00:15,820 ordinary, I mean from the floodplain? That I 1994 02:00:15,820 --> 02:00:19,075 believe we would defer to planning on. It's 1995 02:00:19,075 --> 02:00:23,635 not specified within our WAC. It the design. 1996 02:00:26,195 --> 02:00:29,555 Well, Which is we're talking about the design. 1997 02:00:29,555 --> 02:00:33,260 So what I'm trying to get from you 1998 02:00:33,260 --> 02:00:35,900 is to what extent, let me try this 1999 02:00:35,900 --> 02:00:39,500 again. Mr. Trimble's point a minute ago was 2000 02:00:39,500 --> 02:00:42,540 that a number of these issues are hardwired 2001 02:00:42,540 --> 02:00:47,175 into the county's regulations And therefore they don't 2002 02:00:47,175 --> 02:00:49,015 need to be dealt with that link because 2003 02:00:49,015 --> 02:00:55,255 they're already pre dealt with. I'm curious as 2004 02:00:55,255 --> 02:01:00,070 to wastewater, you're describing to the extent that 2005 02:01:00,070 --> 02:01:04,869 it's hardwired for regulation, but then you don't 2006 02:01:04,869 --> 02:01:09,030 have a hardwiring for floodplain in your system. 2007 02:01:09,349 --> 02:01:11,269 And that's where I'm trying to better understand 2008 02:01:12,255 --> 02:01:16,574 if you don't deal with it, why would 2009 02:01:16,574 --> 02:01:19,534 I not deal with it if there isn't 2010 02:01:19,534 --> 02:01:25,054 some specific regulation providing for it? Again, have, 2011 02:01:26,380 --> 02:01:29,020 it is declared that part of this is 2012 02:01:29,020 --> 02:01:31,100 a floodplain. We have the photos of the 2013 02:01:31,100 --> 02:01:34,300 area inundated with water. We have a design 2014 02:01:34,300 --> 02:01:36,700 that shows septic drain fields, but does not 2015 02:01:36,700 --> 02:01:41,244 show the tanks. And apparently those haven't yet 2016 02:01:41,244 --> 02:01:44,925 been located. I'm trying to figure out as 2017 02:01:44,925 --> 02:01:49,724 the one deciding whether that's acceptable, why I 2018 02:01:49,724 --> 02:01:53,260 should find that acceptable? Where are those tanks 2019 02:01:53,260 --> 02:01:55,739 gonna be? And why should I feel comfortable 2020 02:01:55,739 --> 02:02:00,060 that they won't become surcharged by stormwater and 2021 02:02:00,060 --> 02:02:04,940 force their effluent out under hydrostatic pressure? So 2022 02:02:04,940 --> 02:02:07,179 that's my question. And if you can answer 2023 02:02:07,179 --> 02:02:09,475 that Ms. Yeoh, great. So how might you 2024 02:02:09,475 --> 02:02:12,435 answer that question? If I might answer that, 2025 02:02:12,435 --> 02:02:17,474 Mr. Schadmeyer. 1625, our floodplain management, defers to 2026 02:02:17,635 --> 02:02:21,475 the septic designer to create the flood resistant 2027 02:02:21,475 --> 02:02:24,920 or flood proof waste management system. And there 2028 02:02:24,920 --> 02:02:28,280 exists some guidance documents within the NFIP, the 2029 02:02:28,280 --> 02:02:30,840 National Flood Insurance Program that FEMA has provided 2030 02:02:30,840 --> 02:02:34,680 that septic designers may utilize. But the septic 2031 02:02:34,680 --> 02:02:39,245 designer has to demonstrate with the design that 2032 02:02:39,245 --> 02:02:41,485 it will meet the standards as identified in 2033 02:02:41,485 --> 02:02:45,405 our code. That is helpful. But it's hinting 2034 02:02:45,405 --> 02:02:48,605 that that's not been done yet. Is that 2035 02:02:49,085 --> 02:02:52,060 a takeaway? At this time, the county hasn't 2036 02:02:52,060 --> 02:02:54,620 received a proposal for a septic design plan. 2037 02:02:54,620 --> 02:02:56,220 Therefore, we haven't been able to provide that 2038 02:02:56,220 --> 02:03:03,020 review. Okay. When a project is simply complying 2039 02:03:03,020 --> 02:03:07,365 with standards, it's not my business to second 2040 02:03:07,365 --> 02:03:11,525 guess standard compliance. When a project is being 2041 02:03:11,525 --> 02:03:14,965 built out of whole cloth and it's not 2042 02:03:15,125 --> 02:03:17,989 specifically following very direct standards, but is sort 2043 02:03:17,989 --> 02:03:20,150 of paving its own way because of unique 2044 02:03:20,150 --> 02:03:23,110 set of circumstances, then I feel a greater 2045 02:03:23,110 --> 02:03:27,429 obligation that it falls within my purview, unless 2046 02:03:27,429 --> 02:03:31,270 the staff purview, try this slightly different way. 2047 02:03:31,995 --> 02:03:34,315 I'm not an expert in engineering issues. I 2048 02:03:34,315 --> 02:03:37,355 don't claim to be one. And therefore it's 2049 02:03:37,355 --> 02:03:41,995 really not my job to oversee engineering decisions. 2050 02:03:42,475 --> 02:03:44,955 But to the extent that discretion is involved 2051 02:03:44,955 --> 02:03:47,739 in some of this, there should be greater 2052 02:03:47,739 --> 02:03:51,579 opportunity for first staff review and public review 2053 02:03:51,659 --> 02:03:55,580 of projects that are being proposed on their 2054 02:03:55,580 --> 02:04:00,060 own, not simply filling checking boxes on a 2055 02:04:00,060 --> 02:04:03,395 chart in a code. And that's a bit 2056 02:04:03,395 --> 02:04:06,835 of my concern here. Again, we show drain 2057 02:04:06,835 --> 02:04:08,995 fields, but we don't show where tanks are 2058 02:04:08,995 --> 02:04:12,035 located. It's the tanks, not the drain fields 2059 02:04:12,035 --> 02:04:14,435 that in this type of situation are the 2060 02:04:14,435 --> 02:04:18,070 greater concern. And so I'm just, I'm trying 2061 02:04:18,070 --> 02:04:20,469 to better understand where we are, where we 2062 02:04:20,469 --> 02:04:22,550 need to be, how do we get from 2063 02:04:22,550 --> 02:04:25,670 one to the other? And my belief is, 2064 02:04:25,670 --> 02:04:27,030 and I'll come back to this in a 2065 02:04:27,030 --> 02:04:29,125 moment, that it's something that I need more 2066 02:04:29,125 --> 02:04:31,364 information, which then in turn is entitled to 2067 02:04:31,364 --> 02:04:34,804 be publicly reviewed before I render that decision. 2068 02:04:34,965 --> 02:04:40,085 So, Long speech, didn't mean that, but Ms. 2069 02:04:40,085 --> 02:04:43,929 Yoho, anything else about the public health issues 2070 02:04:43,929 --> 02:04:50,489 that you would like to attend to? I 2071 02:04:50,489 --> 02:04:55,905 think the only other concern that I've heard 2072 02:04:55,905 --> 02:04:59,105 addressed today potentially is the potable water source, 2073 02:04:59,185 --> 02:05:03,345 which the wellhead proposed wellhead on-site would classify 2074 02:05:03,345 --> 02:05:06,225 as a class A well, and those construction 2075 02:05:06,225 --> 02:05:08,945 engineering permitting and oversight is seen by the 2076 02:05:08,945 --> 02:05:13,619 State Department of Health, not the county. Okay. 2077 02:05:13,780 --> 02:05:22,900 And that classification is based on correspondence that 2078 02:05:22,900 --> 02:05:25,060 we had with the applicants back in 2021. 2079 02:05:25,585 --> 02:05:28,225 So if the number of people being served 2080 02:05:28,225 --> 02:05:29,985 by the well has changed since that point 2081 02:05:29,985 --> 02:05:33,585 in time, then it might that might change. 2082 02:05:33,825 --> 02:05:36,545 The classification might be different, but based on 2083 02:05:36,545 --> 02:05:39,840 my understanding, the well was going to meet 2084 02:05:39,840 --> 02:05:42,079 the parameters of a Class A. All right. 2085 02:05:42,160 --> 02:05:45,760 So let's, thank you, because that's important. Let's 2086 02:05:45,760 --> 02:05:48,480 talk about that. Again, it's important in a 2087 02:05:48,480 --> 02:05:51,705 number of respects. One of which is, as 2088 02:05:51,705 --> 02:05:55,385 I was just explaining, it's not my job 2089 02:05:55,545 --> 02:05:58,425 to decide something when county regulations have already 2090 02:05:58,425 --> 02:06:02,824 decided it. When the county's regulations have already 2091 02:06:03,145 --> 02:06:07,429 said, given these criteria, the answer is X. 2092 02:06:08,870 --> 02:06:10,790 And so it's not my job to make 2093 02:06:10,790 --> 02:06:13,190 it Y when the county has already made 2094 02:06:13,190 --> 02:06:18,365 it X. With water, I need to better 2095 02:06:18,365 --> 02:06:24,125 understand the totality of the consequences of a 2096 02:06:24,125 --> 02:06:27,325 Class A system as to this project, because 2097 02:06:27,325 --> 02:06:29,565 I need to figure out where state regulation 2098 02:06:29,565 --> 02:06:34,640 ends and my decision making begins, or is 2099 02:06:34,640 --> 02:06:38,160 it simply entirely a state matter? Let me 2100 02:06:38,160 --> 02:06:42,640 try that one more time. So first it 2101 02:06:42,640 --> 02:06:45,040 would be helpful, Ms. Yoho, if you could, 2102 02:06:45,040 --> 02:06:47,545 for everyone's benefit, describe what it means to 2103 02:06:47,545 --> 02:06:50,665 be a Class A system and what's expected 2104 02:06:50,905 --> 02:06:53,785 generally of that system, which will help them 2105 02:06:53,785 --> 02:06:58,345 understand what's already regulated that doesn't need to 2106 02:06:58,345 --> 02:07:03,389 be regulated again. And then where that regulation 2107 02:07:03,389 --> 02:07:06,269 may sort of end and what that leaves 2108 02:07:06,269 --> 02:07:09,469 if anything about the use of that system, 2109 02:07:09,949 --> 02:07:13,869 that would be a matter of concern under 2110 02:07:13,869 --> 02:07:17,065 the various standards I'm to apply specifically those 2111 02:07:17,065 --> 02:07:22,105 standards applicable to a campground site plan. And 2112 02:07:22,105 --> 02:07:26,824 in that sense, it's one, it's assuring clean, 2113 02:07:26,824 --> 02:07:30,530 potable water. Two, it's assuring that only the 2114 02:07:30,530 --> 02:07:33,969 water that's allowed to be withdrawn is utilized. 2115 02:07:35,330 --> 02:07:37,570 And that that can be easily determined and 2116 02:07:37,570 --> 02:07:44,015 reported so that compliances can be confirmed. So 2117 02:07:44,975 --> 02:07:49,775 within the state health department or the Department 2118 02:07:49,775 --> 02:07:54,094 of Health, which regulates Class A water systems, 2119 02:07:54,895 --> 02:07:57,480 as a Class A water system, what would 2120 02:07:57,480 --> 02:08:02,440 be expected of this well? So I think 2121 02:08:02,440 --> 02:08:04,760 I'm gonna step back just a moment to 2122 02:08:04,760 --> 02:08:07,159 whether or not it would be classified as 2123 02:08:07,320 --> 02:08:09,400 a Class A well, which a Class A 2124 02:08:09,400 --> 02:08:11,239 well is going to be one that serves 2125 02:08:12,625 --> 02:08:15,344 25 or more people per day more than 2126 02:08:15,344 --> 02:08:17,745 sixty days a year or is anticipated to 2127 02:08:17,745 --> 02:08:23,824 do so. Alright. And based on some preliminary 2128 02:08:23,824 --> 02:08:25,910 conversations that we had had with the applicant, 2129 02:08:25,910 --> 02:08:27,590 that was our understanding is that it would 2130 02:08:27,590 --> 02:08:32,790 meet that threshold. Okay. To that, I don't, 2131 02:08:32,790 --> 02:08:35,110 I have not and do not review the 2132 02:08:35,110 --> 02:08:38,310 engineering of class A systems. It's not so 2133 02:08:38,310 --> 02:08:43,505 much the engineering, and I know it's outside 2134 02:08:43,505 --> 02:08:48,784 your expertise a little bit, I apologize. But 2135 02:08:48,784 --> 02:08:51,505 to the extent that that requires monitoring and 2136 02:08:51,505 --> 02:08:55,105 treatment, can you give us a very fundamental 2137 02:08:55,105 --> 02:08:56,940 sense of what's expected of a Class A 2138 02:08:56,940 --> 02:09:00,380 system? Class A systems would be required to 2139 02:09:00,380 --> 02:09:05,260 provide routine monitoring of the water quality testing 2140 02:09:05,260 --> 02:09:13,035 for, oh, coliform and inorganic analysis of the 2141 02:09:13,035 --> 02:09:16,075 water based on whatever it is that the 2142 02:09:16,075 --> 02:09:23,080 state sets. Don't know what those analytes are. 2143 02:09:23,080 --> 02:09:26,120 I'm sorry, can't report that. The standards themselves 2144 02:09:26,120 --> 02:09:28,120 aren't so much important as the fact that 2145 02:09:28,120 --> 02:09:31,720 there is They would require routine monitoring. And 2146 02:09:31,720 --> 02:09:34,200 that would be through a satellite agency, correct? 2147 02:09:34,200 --> 02:09:42,034 Yes. And to the extent that you might 2148 02:09:42,034 --> 02:09:48,755 know, will that monitoring announce the daily use 2149 02:09:48,755 --> 02:10:06,264 of water? I don't know. Do you know 2150 02:10:06,264 --> 02:10:10,425 if a Class A would, since it's no 2151 02:10:10,425 --> 02:10:14,505 longer an exempt well, an exempt well is 2152 02:10:14,505 --> 02:10:17,144 one again that a private homeowner can enjoy 2153 02:10:17,144 --> 02:10:20,184 without having to report testing to the state, 2154 02:10:21,700 --> 02:10:24,020 since it's no longer that exempt well, but 2155 02:10:24,020 --> 02:10:27,620 instead is regulated under Class A, do you 2156 02:10:27,620 --> 02:10:29,780 know if it has the same limits on 2157 02:10:29,780 --> 02:10:34,100 daily volume? I believe that the exemption is 2158 02:10:34,545 --> 02:10:38,385 authorized by Department of Ecology, and that is 2159 02:10:38,385 --> 02:10:41,025 based on the water flow, whether or not 2160 02:10:41,025 --> 02:10:43,985 this would fall under their exemption standards, I 2161 02:10:43,985 --> 02:10:47,824 can't speak. Okay. So again, when I sometimes 2162 02:10:47,824 --> 02:10:51,369 try to paraphrase the sense, give you a 2163 02:10:51,369 --> 02:10:53,050 sense of what I understand and you can 2164 02:10:53,050 --> 02:10:55,289 tell me where I'm wrong. So Department of 2165 02:10:55,289 --> 02:10:58,010 Health would regulate the well as a Class 2166 02:10:58,010 --> 02:11:01,130 A well, but the Department of Ecology would 2167 02:11:01,130 --> 02:11:04,889 regulate the well as to its allowed withdrawal 2168 02:11:04,889 --> 02:11:32,110 then, correct? Correct. Okay. Okay. One of the 2169 02:11:32,110 --> 02:11:35,790 members of the public have noted that there 2170 02:11:35,790 --> 02:11:41,764 are potential opportunities for large gatherings at the 2171 02:11:41,764 --> 02:11:44,644 event. It's describing itself as an event center. 2172 02:11:44,804 --> 02:11:48,005 It's not simply having overnight stays, but it's 2173 02:11:48,005 --> 02:11:51,700 also proposing an event building and describing itself 2174 02:11:51,700 --> 02:11:54,260 as an event center. And I'm just curious 2175 02:11:54,260 --> 02:11:57,780 from the county's health department, what are the 2176 02:11:57,780 --> 02:12:02,100 regulations imposed on event centers with respect to 2177 02:12:02,100 --> 02:12:10,395 environmental constraints, primarily water perhaps, septic, for example. 2178 02:12:10,475 --> 02:12:12,475 This is becoming too big of a question, 2179 02:12:12,475 --> 02:12:17,275 it's having too many pieces, but in seeking 2180 02:12:17,275 --> 02:12:20,280 approval as an event center, are there limits 2181 02:12:20,280 --> 02:12:24,440 on water use? And is there limits on 2182 02:12:24,440 --> 02:12:27,400 the number of participants because of either water 2183 02:12:27,400 --> 02:12:33,045 or septic? The septic question is going to 2184 02:12:33,045 --> 02:12:35,285 be easier for me to answer. Okay. And 2185 02:12:35,285 --> 02:12:37,285 that would be that the expectation would be 2186 02:12:37,285 --> 02:12:40,005 that the applicant would disclose to their designer 2187 02:12:40,005 --> 02:12:43,205 or engineer at the time of designing the 2188 02:12:43,205 --> 02:12:46,405 system. What the overall uses of the system 2189 02:12:46,405 --> 02:12:47,980 would be. So, that would be a daily 2190 02:12:47,980 --> 02:12:51,179 average use as well as perhaps incorporating search 2191 02:12:51,179 --> 02:12:54,060 capacity for large events and gatherings. So that 2192 02:12:54,060 --> 02:12:56,460 way that a septic designer or engineer would 2193 02:12:56,460 --> 02:13:00,540 be able to adequately engineer to accommodate all 2194 02:13:00,540 --> 02:13:03,615 uses. Okay. So Mr. Harborson, come back for 2195 02:13:03,615 --> 02:13:20,290 a moment. So reminding all anyone who I 2196 02:13:20,290 --> 02:13:23,969 call back that you remain under oath. Do 2197 02:13:23,969 --> 02:13:26,369 you know what the surge capacity is proposed 2198 02:13:26,369 --> 02:13:29,889 for the preliminary stormwater design for this project? 2199 02:13:29,889 --> 02:13:33,014 The surge capacity? Yes. We don't deal with 2200 02:13:33,014 --> 02:13:35,894 surge capacities in stormwater. We deal with Oh, 2201 02:13:35,894 --> 02:13:39,815 I'm sorry. Did I say stormwater? With in 2202 02:13:39,815 --> 02:13:41,574 terms of wastewater, do you happen to know 2203 02:13:41,574 --> 02:13:43,735 or is that outside your Okay, that's not 2204 02:13:43,735 --> 02:13:48,630 you. Okay, that's you. Okay. In the preliminary 2205 02:13:48,630 --> 02:13:52,870 wastewater design, do you know if Sorry, it's 2206 02:13:52,870 --> 02:13:55,750 so easy to get stormwater and wastewater tangled. 2207 02:13:56,390 --> 02:13:59,855 In the preliminary wastewater design. Do you know 2208 02:13:59,855 --> 02:14:04,014 what surge capacity is proposed? We haven't received 2209 02:14:04,014 --> 02:14:05,775 a design at this time, so I don't 2210 02:14:05,775 --> 02:14:09,800 have a preliminary review to provide. Okay. Once 2211 02:14:09,800 --> 02:14:11,480 again, do we have a chicken and egg 2212 02:14:11,480 --> 02:14:14,120 thing? We know, need to know what we're 2213 02:14:14,120 --> 02:14:18,120 just utilizing in order to regulate it, right? 2214 02:14:18,120 --> 02:14:22,280 So you don't have, for wastewater management, you 2215 02:14:22,280 --> 02:14:25,434 don't know how large a use is proposed. 2216 02:14:25,435 --> 02:14:27,594 I don't know how large a use has 2217 02:14:27,594 --> 02:14:33,275 been, would be proposed. However, there is within 2218 02:14:33,275 --> 02:14:36,235 the WAC and the Environmental Protection Agency manual, 2219 02:14:36,720 --> 02:14:42,800 there are proposed expected design flow rates. So, 2220 02:14:43,360 --> 02:14:46,960 in the case of designing a septic system 2221 02:14:46,960 --> 02:14:48,640 for this type of use, what we would 2222 02:14:48,640 --> 02:14:51,445 expect is that the designer or engineer would 2223 02:14:51,445 --> 02:14:54,085 refer back to the the flow rates likely 2224 02:14:54,085 --> 02:14:59,285 within the EPA manual and would base the 2225 02:14:59,285 --> 02:15:04,610 flow off of the off of the number 2226 02:15:04,610 --> 02:15:09,010 of visitors that the site would facilitate. Makes 2227 02:15:09,010 --> 02:15:11,970 sense, but it also would make sense, right, 2228 02:15:11,970 --> 02:15:17,170 to have a cap on use consistent with 2229 02:15:17,170 --> 02:15:21,235 the declared use so that you're not reviewing 2230 02:15:21,235 --> 02:15:26,035 a wastewater system that's designed for 50 users 2231 02:15:26,035 --> 02:15:27,795 and there might be an event with a 2232 02:15:27,795 --> 02:15:43,110 100 users, correct? Could you rephrase that for 2233 02:15:43,110 --> 02:15:48,095 me please? If you're being told by the 2234 02:15:48,095 --> 02:15:51,455 applicant that the design is based upon an 2235 02:15:51,455 --> 02:15:56,815 estimated max 50 users, wouldn't I want to 2236 02:15:56,815 --> 02:15:59,695 impose a limit that doesn't allow an event 2237 02:15:59,695 --> 02:16:03,010 of greater than 50 individuals so that the 2238 02:16:03,010 --> 02:16:06,690 use does not exceed the proposed, the system's 2239 02:16:06,690 --> 02:16:11,970 design. I see. That would certainly be within 2240 02:16:11,970 --> 02:16:15,010 your discretion. However, a person could also propose 2241 02:16:15,010 --> 02:16:17,570 for a special event to bring in additional 2242 02:16:18,105 --> 02:16:21,225 sanitation devices, such as porta potties to help 2243 02:16:21,225 --> 02:16:25,065 accommodate that additional number of people. Sure, but 2244 02:16:25,065 --> 02:16:30,265 that would require acknowledging the system alone, that 2245 02:16:30,265 --> 02:16:31,625 there could not be an event of greater 2246 02:16:31,625 --> 02:16:33,670 than X people, that if it's to exceed 2247 02:16:33,670 --> 02:16:36,469 that event or that capacity, then it has 2248 02:16:36,469 --> 02:16:43,350 to have supplemental wastewater or waste management. Would 2249 02:16:43,350 --> 02:16:48,545 you agree? Yes. Okay, all right. I'm not 2250 02:16:48,705 --> 02:16:50,385 trying to direct you in a certain way. 2251 02:16:50,385 --> 02:16:52,545 I'm just trying to see where we have 2252 02:16:52,865 --> 02:17:01,359 commonality in our thoughts. Okay. Okay, and those 2253 02:17:01,359 --> 02:17:03,680 are my questions of Ms. Yoho. Anything else 2254 02:17:03,680 --> 02:17:06,398 that you wanted to add? No, thank you. 2255 02:17:06,398 --> 02:17:12,160 Okay, thank you. Mr. Kreitzer, Mr. Trimble, anything 2256 02:17:12,160 --> 02:17:21,476 else? I was just gonna add that with 2257 02:17:21,955 --> 02:17:25,635 regard to the fire life safety comments raised, 2258 02:17:26,030 --> 02:17:28,110 you know, it is similar to, you know, 2259 02:17:28,110 --> 02:17:31,391 septic and water and that a standard must 2260 02:17:31,391 --> 02:17:34,270 be met. The international fire code must be 2261 02:17:34,270 --> 02:17:37,391 met by the applicant through their design. Now, 2262 02:17:39,275 --> 02:17:41,674 unlike land use process, which might have a 2263 02:17:41,674 --> 02:17:45,035 conditional approval that's customized, the fire code has 2264 02:17:45,035 --> 02:17:49,195 various routes to get to approval. The applicant 2265 02:17:49,195 --> 02:17:52,320 is allowed to choose those routes through their 2266 02:17:52,320 --> 02:17:55,920 design and plan review process and availability of 2267 02:17:55,920 --> 02:18:00,000 all the factors such as access, water, emergency 2268 02:18:00,000 --> 02:18:02,799 services, all those good factors that lead to 2269 02:18:02,799 --> 02:18:06,523 life safety. So they either will meet the 2270 02:18:06,523 --> 02:18:09,805 fire code or they won't. It is not 2271 02:18:09,885 --> 02:18:12,844 an issue that we chose to use a 2272 02:18:12,844 --> 02:18:15,484 condition of approval for. The condition is they 2273 02:18:15,484 --> 02:18:18,239 must meet the international fire code. It's already 2274 02:18:18,239 --> 02:18:20,398 been adopted by the county. So that's not 2275 02:18:20,398 --> 02:18:23,040 necessarily required to be a condition of approval, 2276 02:18:23,199 --> 02:18:25,279 but we have the comments of the fire 2277 02:18:25,279 --> 02:18:29,760 marshal and the fire district indicating that through 2278 02:18:29,760 --> 02:18:33,075 plan review, they will be required to meet 2279 02:18:33,075 --> 02:18:39,154 the existing laws. Okay, thank you. Anything else 2280 02:18:39,154 --> 02:18:46,959 from the county? No. All right, thank you. 2281 02:18:46,959 --> 02:18:49,680 And Mr. Joelman, any details from the applicant? 2282 02:18:49,680 --> 02:18:57,359 Yeah, if you So I'll just close out 2283 02:18:57,359 --> 02:19:00,559 my presentation first by thanking you Mr. Hearing 2284 02:19:00,559 --> 02:19:05,184 Examiner and members of staff. I thought this 2285 02:19:05,184 --> 02:19:10,385 was an exceptionally managed meeting and also wanna 2286 02:19:10,385 --> 02:19:15,120 thank the members of the public. I thought 2287 02:19:15,120 --> 02:19:18,400 the comments that were submitted were very articulate, 2288 02:19:18,400 --> 02:19:22,800 very well prepared and followed up. I appreciate 2289 02:19:22,800 --> 02:19:28,785 the testimony and the professionalism. And we also 2290 02:19:28,785 --> 02:19:31,105 understand that it is a, that you can 2291 02:19:31,425 --> 02:19:34,546 hear and sense the passion that people have, 2292 02:19:34,546 --> 02:19:38,626 especially when it's in their neighborhood and potentially 2293 02:19:39,025 --> 02:19:42,141 a project where there's gonna be change. But 2294 02:19:42,141 --> 02:19:44,700 I would wanna say, do feel compelled to 2295 02:19:44,860 --> 02:19:47,980 defend Mr. Irish here. There was a comment 2296 02:19:47,980 --> 02:19:52,780 made regarding perhaps this was driven simply by 2297 02:19:52,780 --> 02:19:56,065 a financial motive. And I can assure you 2298 02:19:56,065 --> 02:19:59,585 that if that was the case, Mr. Irish 2299 02:19:59,585 --> 02:20:02,145 would have abandoned this project a long time 2300 02:20:02,145 --> 02:20:05,745 ago. We have been involved for several years 2301 02:20:05,745 --> 02:20:10,399 now and I can wholeheartedly and truthfully say 2302 02:20:10,399 --> 02:20:12,479 this is not, this is something that he's 2303 02:20:12,479 --> 02:20:16,000 passionate about. He is very passionate about the 2304 02:20:16,000 --> 02:20:18,000 environment and about being a steward of the 2305 02:20:18,000 --> 02:20:21,695 environment. And I've known him long enough to 2306 02:20:21,695 --> 02:20:27,536 say that without any reservation. And also just, 2307 02:20:27,695 --> 02:20:30,735 like I said, we've heard the comments and 2308 02:20:30,976 --> 02:20:37,351 we take them seriously. We stand by the 2309 02:20:37,510 --> 02:20:39,830 professionals that have put together the reports and 2310 02:20:39,830 --> 02:20:42,149 the science that went in behind the design 2311 02:20:42,149 --> 02:20:45,270 and also the, even with the county, I 2312 02:20:45,270 --> 02:20:46,950 mean, there may be a sense that the 2313 02:20:46,950 --> 02:20:50,785 county just embraced what we had, but there 2314 02:20:50,785 --> 02:20:52,625 wasn't, that wasn't the case. We've had lots 2315 02:20:52,625 --> 02:20:56,465 of back and forth and they are, they 2316 02:20:56,465 --> 02:20:58,945 don't just represent the property owner, they also 2317 02:20:58,945 --> 02:21:01,425 represent the neighbors as well. And I feel 2318 02:21:01,425 --> 02:21:04,090 like they've done an exceptional job of following 2319 02:21:04,090 --> 02:21:08,010 the code and helping us navigate through some 2320 02:21:08,010 --> 02:21:13,130 of the changes that they requested. And with 2321 02:21:13,130 --> 02:21:15,770 that, would say that we would just respectfully 2322 02:21:15,770 --> 02:21:19,944 request that you, Mr. Harry Zammer approve the 2323 02:21:19,944 --> 02:21:25,305 project with subject to the any conditions that 2324 02:21:25,305 --> 02:21:31,385 you deem appropriate. And also to, again, say 2325 02:21:31,385 --> 02:21:34,240 that I'll be available after the meeting if 2326 02:21:34,240 --> 02:21:38,000 anyone wants to meet with me in person 2327 02:21:38,000 --> 02:21:41,040 and I can certainly pass along any thoughts 2328 02:21:41,040 --> 02:21:45,360 to the owner. But with that, I thank 2329 02:21:45,360 --> 02:21:48,325 you very much. I thank you, Mr. Jolma, 2330 02:21:48,325 --> 02:21:52,006 and thank you staff, and clearly thank members 2331 02:21:52,325 --> 02:21:54,165 of the public for being present and participating 2332 02:21:54,165 --> 02:21:57,766 today. I'm not rendering a decision nor am 2333 02:21:57,766 --> 02:22:00,165 I starting the clock on rendering the decision. 2334 02:22:00,620 --> 02:22:03,340 There's some things I need to receive in 2335 02:22:03,340 --> 02:22:05,660 order to have a fuller understanding of this 2336 02:22:05,660 --> 02:22:09,740 project, which will in turn allow some level 2337 02:22:09,740 --> 02:22:11,980 of additional public comment, kind of getting back 2338 02:22:11,980 --> 02:22:15,636 to one of Mr. Wall's comments. So some 2339 02:22:15,636 --> 02:22:17,235 of these things are for my benefit, but 2340 02:22:17,235 --> 02:22:20,436 they also deserve further public review before they 2341 02:22:20,436 --> 02:22:22,756 come back to me for hearing. So they 2342 02:22:22,756 --> 02:22:25,636 really fall into three categories, things I need 2343 02:22:25,636 --> 02:22:28,359 from the applicant, things I need from the 2344 02:22:28,359 --> 02:22:30,520 county and some things I need, I think 2345 02:22:30,520 --> 02:22:33,479 from the fire district. So as to the 2346 02:22:33,479 --> 02:22:35,560 applicant, I need a set of proposed rules 2347 02:22:35,560 --> 02:22:40,279 that intended tends to apply to the resort 2348 02:22:40,279 --> 02:22:43,655 if approved so that I could review those 2349 02:22:43,655 --> 02:22:47,335 and determine their completeness and their adequacy relative 2350 02:22:47,335 --> 02:22:52,135 to the requirement of the county's campground rule 2351 02:22:52,135 --> 02:22:54,775 that the project be compatible with all surrounding 2352 02:22:54,775 --> 02:22:58,710 uses. From the fire district, I would ask 2353 02:22:58,710 --> 02:23:01,431 the county to request to the fire district 2354 02:23:01,510 --> 02:23:06,550 its response to whether one, it would recommend 2355 02:23:06,550 --> 02:23:12,295 any on-site firefighting equipment in the form of 2356 02:23:12,295 --> 02:23:16,535 say a water reservoir. And if so, the 2357 02:23:16,535 --> 02:23:19,575 capacity of that reservoir and its capability in 2358 02:23:19,575 --> 02:23:22,855 terms of delivery. And so whether or not 2359 02:23:22,855 --> 02:23:27,940 the district would recommend that such a reservoir 2360 02:23:27,940 --> 02:23:30,660 be on-site? And if so, in what way 2361 02:23:30,660 --> 02:23:33,221 would it be utilized? And then I would 2362 02:23:33,221 --> 02:23:36,820 also recommend any other comments the district may 2363 02:23:36,820 --> 02:23:40,716 have as to an emergency plan for the 2364 02:23:41,355 --> 02:23:44,476 exiting of this facility in the event of 2365 02:23:44,476 --> 02:23:46,795 an emergency or the dealing with an emergency 2366 02:23:46,795 --> 02:23:50,636 in general. That really needs to come from 2367 02:23:50,636 --> 02:23:53,115 the district, which is a third party to 2368 02:23:53,115 --> 02:23:57,700 this process. And then of the county, there 2369 02:23:57,700 --> 02:24:00,341 are a couple of things that I would 2370 02:24:00,341 --> 02:24:03,301 like to see. I would like to see 2371 02:24:05,221 --> 02:24:08,875 from the health department confirmation that it will 2372 02:24:08,875 --> 02:24:11,115 regard this project as requiring a Class A 2373 02:24:11,115 --> 02:24:14,155 water system. I need to know if in 2374 02:24:14,155 --> 02:24:17,835 fact those standards will be applied so that 2375 02:24:17,835 --> 02:24:20,315 I can then determine whether by applying those 2376 02:24:20,315 --> 02:24:25,070 standards, that water adequacy and water safety are 2377 02:24:25,311 --> 02:24:28,030 fully met. And then I also need to 2378 02:24:28,030 --> 02:24:33,470 see a preliminary wastewater design to see not 2379 02:24:33,470 --> 02:24:36,735 only again, how it's dealing with the implementation 2380 02:24:36,735 --> 02:24:40,735 within a sensitive area, but secondly, what its 2381 02:24:40,735 --> 02:24:45,135 design capacity is and is its design capacity 2382 02:24:45,135 --> 02:24:48,655 consistent with the proposed size of use of 2383 02:24:48,655 --> 02:24:52,470 this property? Are we meshing with our different 2384 02:24:52,470 --> 02:24:57,750 regulations such that whatever we're saying, we're designing 2385 02:24:58,149 --> 02:25:00,630 environmentally is consistent with the size of the 2386 02:25:00,630 --> 02:25:04,375 crowd that might attend an event here. So 2387 02:25:04,375 --> 02:25:07,176 I need to see those things in order 2388 02:25:07,176 --> 02:25:09,895 to have a fuller and complete picture of 2389 02:25:09,895 --> 02:25:13,335 this project. And the question becomes the amount 2390 02:25:13,335 --> 02:25:17,050 of time needed to gather those things, because 2391 02:25:17,050 --> 02:25:21,210 I would then want to have a probably 2392 02:25:21,210 --> 02:25:25,770 ten day public response period once the deadline 2393 02:25:25,770 --> 02:25:28,730 for that, and then a follow-up hearing once 2394 02:25:28,730 --> 02:25:34,225 the public response period has expired. So I'll 2395 02:25:34,225 --> 02:25:37,745 turn to the county. Need its thoughts on 2396 02:25:37,745 --> 02:25:40,064 how long some of these things might take. 2397 02:25:40,064 --> 02:25:43,825 If I was to continue hold out a 2398 02:25:43,825 --> 02:25:46,785 deadline for submitting these things four weeks, six 2399 02:25:46,785 --> 02:25:52,040 weeks, Is that adequate enough? Does the county 2400 02:25:52,040 --> 02:25:55,080 have something else in mind as to length 2401 02:25:55,080 --> 02:25:56,921 of time that it may be needed to 2402 02:25:57,400 --> 02:25:59,400 gain not only what it has produced, but 2403 02:25:59,400 --> 02:26:01,320 what it needs to get from the fire 2404 02:26:01,320 --> 02:26:06,005 district? Mr. Kreitz or Mr. Trimble, I look 2405 02:26:06,005 --> 02:26:09,525 for your suggestions. Yeah, if we could just 2406 02:26:09,525 --> 02:26:11,125 have a minute to confer with the applicant. 2407 02:26:11,125 --> 02:28:20,561 You're entirely entitled to that. All right, Mr. 2408 02:28:20,561 --> 02:28:22,960 Schadmeyer, I believe we have conferred with the 2409 02:28:22,960 --> 02:28:26,160 applicant. We would settle on six or seven 2410 02:28:26,160 --> 02:28:31,040 weeks. Okay, let's say seven weeks deadline for 2411 02:28:31,040 --> 02:28:39,335 the production materials that I've requested. Seven weeks 2412 02:28:39,335 --> 02:28:42,375 from today, does someone have a ready calendar? 2413 02:29:06,364 --> 02:29:11,085 The week of October 27 maybe? Specific to 2414 02:29:12,204 --> 02:29:21,829 Monday would be what? The twenty seventh is 2415 02:29:21,829 --> 02:29:24,550 a Monday. I'm gonna set it for the 2416 02:29:24,550 --> 02:29:27,510 previous Friday just so we're not having an 2417 02:29:27,510 --> 02:29:31,495 unusual break date. Not Friday though. Yes, I'll 2418 02:29:31,495 --> 02:29:34,295 set a deadline of previous Friday, the twenty 2419 02:29:34,295 --> 02:29:40,855 fourth for the presentation materials. I'll allow public 2420 02:29:40,855 --> 02:29:46,900 comment for two weeks following that. And then 2421 02:29:46,980 --> 02:29:49,300 I'm not setting a hearing, a rehearing date 2422 02:29:49,300 --> 02:29:51,860 yet. I'll need to confirm with my calendar. 2423 02:29:51,940 --> 02:29:54,101 I'll have my assistant get back to the 2424 02:29:54,101 --> 02:29:56,755 county so that it can then announce publicly 2425 02:29:56,755 --> 02:30:01,234 the rehearing date shortly thereafter, shortly after the 2426 02:30:01,234 --> 02:30:04,675 two week response with some opportunity beyond it 2427 02:30:04,675 --> 02:30:06,835 for both the applicant and the county to 2428 02:30:06,835 --> 02:30:09,920 respond to the comment so that you're not 2429 02:30:09,920 --> 02:30:12,960 being blindsided at the hearing. So I hope 2430 02:30:12,960 --> 02:30:18,960 that's understandable, but I do want to again, 2431 02:30:19,040 --> 02:30:21,600 allow full opportunity of all these issues and 2432 02:30:21,600 --> 02:30:24,205 the opportunity for the public to respond. There 2433 02:30:24,205 --> 02:30:26,444 will be the opportunity for public testimony at 2434 02:30:26,444 --> 02:30:29,005 the hearing itself on these issues, not on 2435 02:30:29,005 --> 02:30:31,005 new issues, but on the issues in which 2436 02:30:31,165 --> 02:30:37,740 I'm requesting additional information. And so again, once 2437 02:30:37,740 --> 02:30:40,141 those materials have been provided, the public can 2438 02:30:40,141 --> 02:30:42,940 respond to the materials, not reopening the door 2439 02:30:42,940 --> 02:30:45,340 to other issues, but to those that I've 2440 02:30:45,340 --> 02:30:49,420 sought additional information for, and then we'll also 2441 02:30:49,976 --> 02:30:51,815 allow for a return to the hearing at 2442 02:30:51,815 --> 02:30:54,296 that time, which once that takes place, then 2443 02:30:54,296 --> 02:30:57,655 the clock starts on my rendering a decision. 2444 02:30:57,815 --> 02:31:00,136 I hope that's understandable to all the parties. 2445 02:31:00,695 --> 02:31:02,615 If the county has any questions, they can 2446 02:31:02,615 --> 02:31:05,990 get back to my assistant. And again, if 2447 02:31:05,990 --> 02:31:07,910 the public has any that can contact the 2448 02:31:07,910 --> 02:31:11,351 county to discuss, there's no direct contact with 2449 02:31:11,351 --> 02:31:13,431 me through that process. I do not speak 2450 02:31:13,431 --> 02:31:16,551 to any of the parties, including the county 2451 02:31:16,711 --> 02:31:18,950 as to an ongoing hearing once it's underway, 2452 02:31:20,575 --> 02:31:23,295 But there are those avenues for clarifying any 2453 02:31:23,295 --> 02:31:26,734 procedural questions, housekeeping questions about that. I wanna 2454 02:31:26,734 --> 02:31:31,215 thank everybody for well spoken, articulate, thoughtful comments 2455 02:31:31,215 --> 02:31:34,899 today. These are extremely important. I've taken copious 2456 02:31:34,899 --> 02:31:40,260 notes of all testimony. And again, we'll rely 2457 02:31:40,260 --> 02:31:42,819 upon these comments or this testimony is part 2458 02:31:42,819 --> 02:31:46,020 of my ultimate decision once I have everything 2459 02:31:46,340 --> 02:31:49,545 to be thinking about. Mr. Kreitzer, any last 2460 02:31:49,545 --> 02:31:53,545 things from the county's standpoint? None. Okay, Mr. 2461 02:31:53,545 --> 02:31:55,865 Joelma, any last things? All right, thank you. 2462 02:31:55,865 --> 02:31:57,225 And we are adjourned. Thanks.