Loading...
HomeMy WebLinkAboutConcerned Citizen Letter - COM Letters / Memos - 2/20/1994 r GI NI NG 0 WARE PPLICATIONS, Feb,gry20, 1994 Mike Burns 24� Director, Mason County Building Dept. ` P. O. Box 1850 Shelton, Washington 98584 � L J. r Dear Mike Mr. Bob Lenhart and myself just received a copy of the February 15, 1994 letter submitted to your department to protest the building permit that you are about to issue for the AM/PM Little Deli Mart #3 in Belfair, Washington. Mr. Lenhart and have discussed the letter and offer the following comments: 1 . Mr. Jensen presents himself as an engineering consultant that is representing a client. We would like to know who he is representing and his qualifications in the field of hydrology and hydraulics so we can better evaluate his concerns. 2. My client feels that Mr. Jensen's letter is just another "for Profit" motivated at- tempt to stop him from exercising his right to construct and operate a competitive business in the town of Belfair. It is our understanding that Mr. Jensen is the brother of the attorney that represents the owners of Sandy's Deli Mart. The own- ers of Sandy's Deli Mart is very much apposed to this development because the AM/PM Deli Mart #3 will be selling gas at a much lower cost per gallon then the current price in the town of Belfair. The owner of Sandy's, his attorney, and Mr. Jensen seem to be reaching for the higher moral and environmental ground in the opposition to my clients proposal. Since we have mitigated all serious concerns related to environmental impacts of the proposal by relocating the drainfield and further improving the drainage system, it appears that the real reason for continu- ing opposition to this project is the price of gas in Belfair and not the potential impact on water quality. Mr. Jensen referred to a petition with 1500 signatures on it. As a members of the Hood Canal community, Mr. Lenhart and myself were asked by employees at Sandy's Deli Mart to sign this petition last year. The petition was to protest the Engineering Software Applications,Inc. 210 N.E.Cherokee Beach,Belfair,Washington-98528 (206)276-0578 Page 1 issuance of another liquor permit in the town of Belfair. (Its seemed odd that a place the sells liquor should protest the issuance of a liquor license.) We both saw the petition as a cloaked attempt to limit competition and would not sign it. If the owner of Sandy's Deli Mart is truly concerned about the impact of storm water on the environment and the shellfish in Hood Canal, I suggest that the exist- ing Sandy's Deli Mart be retrofitted with drainage facilities similar to those pro- posed for the AM/PM Little Deli #3. 1 have been present at Sandy's during heavy rainfall and can testify to the fact that storm water flows from the site to the state highway ditches and then into Belfair Creek in a completely untreated and uncon- trolled manner. 3. Mr. Jensen has requested an EIS for this project. The Mason County Depart- ment of Community Development (MCDCD) has visited the site on several occa- sions and has made the administrative decision that this action, as mitigated, does not require an Environmental Impact Statement. This decision is consistent with similar decisions for the new savings.and loan that is under construction to the West of this site and the recently completed Mansker Tire Center located across from the Library. Both of these sites had potential for similar traffic and drainage impacts. According to the State Environmental Policy Act, the Mason County Department of Community Development has the sole authority to decide whether this project has significant environmental impact and they decided that it did not. 4. The real issue regarding this design is: Does this project meet the require- ments set forth by Mason County Building Department? Your department, the Department of Community Development, the Public Works Department, and the Health Department agree that the project complies with all the current building codes and ordinances. Mr. Jensen has stated that this project must also comply with the standards set forth in the Stormwater Management Manual for the Puget Sound Basin (SMMPSB) published by the Department of Ecology. This statement is not true because this manual has not yet been adopted by Mason County. Ma- son County recently formed a committee of local citizens to review SMMPSB and develop drainage criteria that is customized to meet the special water quality con- cerns of Mason County. These criteria must be reviewed and accepted by the community and the Washington State Department of Ecology before they are adopted by the Mason County Commissioners. The project does meet the criteria set forth by Jason Manassee of the MCDCD in his letter of March 8, 1993, (copy enclosed) The SMMPSB was used as a guide to prepare the drainage and erosion control Page 2 plans for the project. I believe that we have met or exceeded the requirements set forth in the manual. The proposed locations of silt fencing, gravel berms, and slope protection matting has been shown on the plans I am submitting with this letter and the plans submitted by Bovay Engineers Northwest. I will be personally inspecting and monitoring the erosion control facilities as the project proceeds. 5. Mr. Jensen commented on the method that I used to make my computations. My calculations were preformed via the Water Works hydraulics analysis program developed by Engenious Systems of Seattle - the same program that Mason County uses. I submitted a complete computer print out of the stage-discharge relationships for both of the detention structures, a summary of the hydrograph data, and plots of the hydrographs to Alan Tahja in the revised drainage report for the project. I also gave Mr. Tahja the program I wrote for this project and the com- puter input on a disk so he could check my work. Mr. Jensen has suggested that do my calculations on the back of an envelope. I suggest that it would take a pretty big envelope to hold 240 steps of 3, 24 hour hydrographs that are routed through two detention structures to develop stage-discharge relationships at 0.1 of a foot intervals. . The basic concept of this design is as follows: A. Provide Stream Bank Erosion Control via a detention facility and water quality improvement via a coalescing Plate Oil Water Separator for the basin that drains into the highway ditches on SR 3 (East Basin). The detention facility will limit the flow to less then 50% of the flow from a 2 year storm. B. Provide Stream Bank Erosion Control protection via a detention facility and water quality protection via source control and exfiltration for the basin that flows toward the stream (West Basin). The detention facility limits the flow to less then 50% existing 2 year flow with or without the exfiltration. I felt that it was critical to maintain the approximate existing volume of flow into this basin to maintain its hydrologic integrity (See condition #2 in the SMMPSB) . Source control was achieved by discharging only roof drainage (clean water) into the facility. The infiltrator system that is proposed will act both as a curtain drain and exfiltration chamber in the wetter winter months and as an exfiltration chamber in the drier summer months. (6 foot deep soil log holes were monitored during the summer and winter to verify ground water levels and soil types. The soil is quite porous when it is unsaturated.) I plan to get the roof runoff to soak into the ground in the drier summer months to maintain the base flow in the stream to the South. It is important to note that I do not need to infiltrate water from this system into the Page 3 ground to meet the 50% discharge of the 2 year storm criteria for this basin. C. Siltation from site runoff during construction will be controlled by installing ef- fective erosion control measures and closely monitoring their performance. If you desire, I can give you additional computer calculations to back up my state- ments. To develop this design, I competed about 25 reiterations that included testing different orifice sizes and elevations and modifying the size of the deten- tion and exfiltration facilities. If Mr. Jensen would care to complete his own de- tailed site analysis I would be pleased to compare my hydraulic results to his own. Concerning Mr. Jensen's statements about the size of the oil water separator and the increase in size of the second orifice in the distribution vault for the East Ba- sin. The size of the oil water separator was decreased slightly because the flows to the East Basin decreased with new drainage boundaries. The size and dis- charge elevation of the second orifice were increased to store more of the two year storm. Mr. Tahja and myself are in communication on these matters and he i5 satisfied that my design approach and calculations are accurate. In closing, let me briefly state my qualifications for the record. I am a professional civil engineer with a masters degree in Environmental Engineering and 28 years of experience in site design, the planning and design of drainage facilities and the planning design of waster water facilities. I have lectured on the subjects of small waste water facilities and watershed management nationally and consider myself an expert in these areas. I am a member of the Hood Canal Watershed Commit- tee, the Shellfish District Advisory Board and the Mason County Drainage Com- mittee. I am also a resident of the North Shore of Hood Canal with water front home at Cherokee Beach (within the extended shellfish harvesting closure area). Thank you for your prompt attention to this matter. I hope this additional corre- spondence answers any additional concerns raised by Mr. Jensen's letter. Your truly, Pat McCullough, P.E. President, ESA Page 4 lr PAUL S. JENSEN ATTORNEY AT LAW TELEPHONE P.O. BOX 296 FAX (206) 275-4405 BELFAIR WASHINGTON 98528 (206) 275-4406 � 1 i1 April 26, 1993 1�� ep Washington State Department of at' on �L Wa f T g � � l� � Gary F. Demich, Dist. 3. Dist. Administrator �, P.O. Box 47440 Olympia, WA 98504-7440 ot . Re: Objection to the Construction of another convenience store in Belfair at junction of Hwy. 3 and Hwy. 300 Dear Mr. Demich: Please be advised that I represent a number of concerned. citizens in the Belfair area whom object to the proposed construction of another convenience store next to the existing liquor store on the east side of Hwy. 3; in the heart of Belfair at the junction of Hwy. 3 and Hwy. 300 . As you are aware, for a number of years, we had a significant traffic problem in the heart of Belfair caused by the junction of Hwy 300 out the North Shore Rd. and Hwy. 3 . After much community involvement and opposition the new county extension to Hwy 300 was constructed and the problem became manageable. Now, to all of our chagrin, we have heard that an AM-PM is attempting to locate next to the liquor store which will , without a doubt, bring back the same problems we fought very hard to alleviate. The people I represent and I , myself, implore you to do what you can to prevent the proposed construction. As your own records reflect, there has been numerous injury accidents at that intersection and it is clear to all of us living out here that there will be many more if it is allowed. In response _to__the application there has been a petition circulating . in Belfair. To date, there are over 1,500 signatures. I have included a copy of it for your review. Please do what you can to help us stop this proposed construction for the benefit of all of the local citizens . Sincerely Yours, Paul S. Jensen --- PSJ/llc we, the citizens of the Belfair Community, offer this petition to the Washhington State Liquor Control Board. of concern to this co comity is application 0077879 in the name Little Deli Mart Inc. of Tukwila. I e location in question is on the east side of State Highway 3, adjacent to the Washington State Liquor Store. Based on the following information, we offer the listed reasons for denial of this application; 1 . There are six (6) locations that serve Class EF licenses. (three of these are 24 hr. operation.) 2. There are seven (7) Class H Licencees. 3. There are two taverns that can sell products "to 90". 4. There is one restaurant that offers "Premises only oonsumPtian." 5. within this area (2.5 mi. radius) there is an estimated population of 4,318, using a voter registration count for a basis. 6. The figures indicate the current ratio of one outlet for every 228 population. 7. The traffic load for Highway 3 is extremely high now and additional local traffic will aggravate the situation. The undersigned firmly believe that the current ratio serve the needs of the community and thus the application should be denied. NAME g Pam PAUL S. JENSEN ATTORNEY AT LAW TELEPHONE P.O. BOX 296 FAX (206) 275-4405 BELFAIR, WASHINGTON 98528 (206) 275-4406 August 19, 1993 Mason County Dept . of Community Development Att : Gary Yando C/O P.O. Box 1666 Shelton, WA 98584 Also to: Mason County Environmental Health, Att : Brad Banner Mason County Building, Att : Mike Byrne Re: Objection to Proposed Construction in Belfair of a Convenience Store by Little Deli Marts , Inc . , Elmer Johnson & Robert Lenhart adjacent to Union River Tributary Dear Mr . Yando, Mr. Banner and Mr . Byrne: This is a follow-up letter from my letter to your predecessors dated April 19, 1993 in reference to the above mentioned matter . As I advised before, I represent a number of concerned citizens in Belfair. They have retained me to voice their unanimous objection to the proposed construction of a convenience store in the heart of Belfair, submitted by Little Deli Marts, Inc . , owned by Elmer Johnson & Robert Lenhart . It is my understanding that it has been turned down twice and we are very grateful for this action. It is also my understanding that the developers are attempting to try it again. Please do not forget that my clients are adamantly opposed to the development because: 1 . the site is adjacent to a creek which I believe to be environmentally sensitive. 2 . the water table is also very high at that location. 3 . spillage will quickly seep into the ground water which would further jeopardize the already endangered fisheries in Hood Canal . 4. traffic flow will be unreasonably impeded. If you need any further information, please let me know. Likewise, please inform me as to what action you will take to protect the interests of the community in this matter . Sin ely ou s , Paul S . Jensen PAUL S. JENSEN ATTORNEY AT LAW TELEPHONE AU 6 1 6 1993 P.O. BOX 296 FAX (206) 275-4405 ELFAIR, WASHINGTON 98528 `j (206) 275-4406 CO. August 12 , 1993 Mason County Dept . of Community Development Att : Sean Orr C/O P.O. Box 1666 Shelton, WA 98584 Also to: Mason County Environmental Health, Att : Grant Holdcroft Mason County Building, Att : Don Fawver Re: Objection to Proposed Construction in Belfair of a Convenience Store by Little Deli Marts, Inc . , Elmer Johnson & Robert Lenhart adjacent to Union River Tributary Dear Mr. Orr, Mr. Holdcroft and Mr. Fawver: This is a follow-up letter from my letter to you dated April 19, 1993 in reference to the above mentioned matter . As I advised you before, I represent a number of concerned citizens in Belfair. They have retained me to voice their unanimous objection to the proposed construction of a convenience store in the heart of Belfair, submitted by Little Deli Marts , Inc. , owned by Elmer Johnson & Robert Lenhart . It is my understanding that it has been turned down twice and we are very grateful for this action. It is also my understanding that the developers are attempting to try it again. Please do not forget that my clients are adamantly opposed to the development because: 1 . the site is adjacent to a creek which I believe to be environmentally sensitive. 2 . the water table is also very high at that location. 3 . spillage will quickly seep into the ground water which would further jeopardize the already endangered fisheries in Hood Canal . 4. traffic flow will be unreasonably impeded. If you need any further information, please let me know. Likewise, please inform me as to what action you will take to protect the interests of the community in this matter. Mason County letter August 12 , 1993 - page 2 - Sincer ly Yo s , Paul S. nsen PAUL S. JENSEN ATTORNEY AT LAW TELEPHONE P.O. BOX 296 FAX (206) 275-4405 BELFAIR, WASHINGTON 98528 (206) 275-4406 August 19, 1993 Mason County Dept . of Community Development Att : Gary Yando C/O P.O. Box 1666 Shelton, WA 98584 Also to: Mason County Environmental Health, Att : Brad Banner Mason County Building, Att : Mike Byrne Re: Objection to Proposed Construction in Belfair of a Convenience Store by Little Deli Marts, Inc . , Elmer Johnson & Robert Lenhart adjacent to Union River Tributary Dear Mr. Yando, Mr . Banner and Mr. Byrne: This is a follow-up letter from my letter to your predecessors dated April 19 , 1993 in reference to the above mentioned matter. As I advised before, I represent a number of concerned citizens in Belfair. They have retained me to voice their unanimous objection to the proposed construction of a convenience store in the heart of Belfair , submitted by Little Deli Marts , Inc. , owned by Elmer Johnson & Robert Lenhart . It is my understanding that it has been turned down twice and we are very grateful for this action. It is also my understanding that the developers are attempting to try it again. Please do not forget that my clients are adamantly opposed to the development because: 1 . the site is adjacent to a creek which I believe to be environmentally sensitive. 2 . the water table is also very high at that location. 3 . spillage will quickly seep into the ground water which would further jeopardize the already endangered fisheries in Hood Canal . 4 . traffic flow will be unreasonably impeded. If you need any further information, please let me know. Likewise, please inform me as to what action you will take to protect the interests of the community in this matter. Sin r rJe o rs , aul S. en 1 PAUL S. JENSEN ATTORNEY AT LAW R E C 1 `! - TELEPHONE P.O. BOX 296 FAX (206) 275-4405 BELFAIR.WASFUNGTON 98528 AUG 16 1993 (206) 275-4406 August 12 , 1993 Washington State Department of Transportation Ms . Paula Hammond, Trans . Planning Engineer P.O. Box 47440 Olympia, WA 98504-7440 Re: Objection to the Construction of another convenience store in Belfair at junction of Hwy . 3 and Hwy. 300 Dear Ms . Hammond: Please be advised that I represent a number of concerned citizens in the Belfair area whom object to the proposed construction of another convenience store next to the existing liquor store on the east side of Hwy . 3 , in the heart of Belfair at the junction of Hwy. 3 and Hwy. 300 . I sent a letter to Mr. Demich dated April 26, 1993 and have enclosed a copy of it for your records . This is a follow-up letter letting you know that the citizens still object to the proposed construction. Please do what you can to help us stop this proposed construction for the benefit of all of the local citizens . Sin rel ur , P ul S. Jen n 7 PSJ/11 c ----! Date: R V 5-0 (_VL tans Plan. ,r. IRS Fhffft/DL%tR E;:-- DL%* r iij'9�Ao� HCTMO C md. pbffkg Erg. RtPO Cor't.. r-- - Oftr Pe