Serving Whitman County since 1877
Serving Whitman County since 1877
A crowd gathered Thursday night, April 25, in the county public service building for a hearing on the delayed proposal by PNW/McCoy Land Company to put four grain pads just outside Dusty.
Keith Becker
A crowd gathered Thursday night, April 25, in the county public service building for a hearing on the delayed proposal by PNW/McCoy Land Company to put four grain pads just outside Dusty.
Andy Kottkamp, a lawyer from Wenatchee and Whitman County's appointed hearing examiner, presided at the two-hour hearing.
At the start, he explained that he was there to gather evidence and apply it to the laws already set for the county.
"To apply those findings to the law, and then make a decision," Kottkamp said.
He told the crowd he would have 10 working days to make the decision. At that point, his verdict may be appealed and sent to Whitman County superior court.
He laid out the order of the hearing; a staff report from Whitman County planning commission, testimony from the applicant – who has the burden of proof – and then any input from the public.
The hearing began with Alan Thomson, county planner, reviewing the request for four grain piles, to be set on a plot of land 1,500-1,600 feet south of the intersection of Highway 26 and 127 at Dusty.
Keith Becker, PNW operations division manager, spoke next, saying that the farmer-owned co-operative had inadequate storage at Central Ferry.
"A 1970 facility that is outdated, has outgrown itself," he said.
He explained further how the Dusty project came about.
"Once there's a need, then I look for a strategic location," he said, noting that grain staged in the Dusty spot would also mark an opportunity to go to different rail-sites or dams that are "still operational."
"It's a location that appears to us to be very satisfactory in all ways," he said. "We feel like it's a good, solid project."
Attorney Susan Drummond, based in Kirkland, represented PNW. She told Kottkamp she was to provide some context.
"This is a critical piece of the county's farm economy," she said, as part of her remarks.
Drummond noted the project would cover 10 to 15 acres. Referencing drainage on the site, she talked about the heavy snow of February and early March.
"The site has handled the precipitation particularly well," said Drummond.
Alkali Creek is in the vicinity of the proposed parcel, but does not go through it. Seasonal drainage from the land goes into the creek.
She concluded by stating the project is sited well and is "essential to support the local agricultural community."
Next to speak was Eric Hasenoehrl, principal engineer for Keltic Engineering in Lewiston. He did a traffic analysis and floodplain calculations, he said, on behalf of PNW, taking the Washington State Department of Transportation study and adding the trucks the project would bring.
Next up was public comment.
Steve Passmore, who operates ag plane service at the Dusty airport, told an anecdote.
"Some years ago," he said. "Alkali Creek jumped its banks and cut a substantial ditch in my runway."
Harmon Smith, an adjacent landowner at Dusty, took to the microphone next.
"I have 100 percent of adjacent landowners in opposition to the C.U.P.," said Smith, referring to the request for a conditional use permit, which would allow the project. "It would be a harm to our community and not a benefit."
Loren Scaggs, a Dusty resident since 1985 and the chief for Fire District No. 13, followed.
"Unless you live there, there's no way of knowing how bad the traffic is," he said. "A bad sun problem... college kids, their parents, it'll be just a bottleneck. It'll be devastating, not if, but when, it will happen."
He talked about the dust in Dusty.
"That dust that's gonna blow across Highway 26 will be another issue," he said.
He talked about rotten grain, "that smelly grain," gravel and trucks.
"Dripping oil and everything else that's gonna go into our aquifer," Scaggs said. "All this amounts to is a big company pushing around a little town because they can."
"A C.U.P. is supposed to not harm health and safety," said Jan Smith.
She mentioned the traffic study in question.
"It's not an accurate representation during peak harvest time," she said. "I believe a current study is required... I think the smell of rotting grain when the piles are uncovered will affect property values."
Next was Justin Rice of T.O. Engineers of Spokane.
"Our opinion... the surface and groundwater risk of contamination is (significant)," he said. "...Very easy for contaminants to go into surface and groundwater. It's our opinion that these haven't been properly addressed or mitigated."
Kottkamp asked if he had suggestions for this.
"Not at this time," Rice said.
On the matter of wetlands, whether there are none, Rice spoke further.
"We cannot draw that same conclusion," he said.
More public comment was given.
Linda Hennigar said she was a lifelong resident of "downtown" Dusty.
"It got its legal name because it is Dusty, and we don't want more of it... We hear screeching of brakes all the time there," she said, saying that traffic is not slowing down at the intersection of Highway 26 and 127.
Michelle Fulgham, attorney-at-law, Spokane, came up next.
"This is essentially a light industrial use," she said. "And it doesn't belong in this agricultural zone."
She told Kottkamp the conditional use permit should be denied. She talked about page 10 of SEPA (State Environmental Policy Act).
"The facility is going to be visible. It's gonna destroy the rolling farmland Jan (Smith's) family have looked out on for 150 years," Fulgham said.
She continued, saying the "biggest deficiency" is transportation.
"It would need to make adjustments to the highway... We think a new SEPA (study) should be required." She said the Washington State Department of Transportation (WSDOT) traffic study was for July 31-Aug 4, 2017.
"That's not a high grain and high student movement time," she said. "...Noise, smell, dust; it's not in compliance with zoning in (the agricultural district). It's not an ag use, it's an industrial warehouse. One hundred percent of the landowners are opposed. That's a significant answer."
Drummond returned to the microphone, the PNW attorney.
She commented on some of the previous input. She said the traffic report was "conservative in nature" and updated for public comment.
"For groundwater, the project has been designed to avoid those issues," Drummond said.
"It is a use that is not uncommon to the county," she concluded. "I emphasize, this is a storage and transport facility. This project has been extensively reviewed and the applicant has met the burden, and we ask that it be approved."
Then Hasenoehrl returned to say that the traffic analysis shows enough room in the turn lanes.
He stated that runoff of the site would go down through grass swales.
He mentioned adverse impacts.
"In engineering, we talk about, does it meet a certain level?" he said.
As for whether the traffic study was old data, he made a determination on that.
"WSDOT would tell you this is the quickest, freshest data you can get," he said.
Then PNW's Becker spoke again.
"The patrons, staff of PNW have no intentions to be a poor neighbor," he said.
Becker noted that the grain piles would be covered in 15 days, or as soon as possible.
"Very little loss," he said. "Loss is not a moneymaker, so we have no interest in that."
He said an increase of 15-20 trucks per day would be what the project would bring. He told Kottcamp the operation would run in daylight hours only. He stated that the majority of trucks would have no hydraulics or hoists.
"Bottom line, we have no intentions to be poor neighbors," Becker said. "...We hope that you see fit to grant us a C.U.P."
Kottkamp concluded the hearing.
"I'm certain it'll take the entire 10 days on this," he said.
Kottkamp, a lawyer for 30 years, acts as a hearing examiner for eight counties and 12 towns in Washington.
"It's probably the most rewarding thing I do," he said at the start of the hearing.
The full McCoy proposal encompasses the four grain piles along with truck scales, a small office and utilities.
Garth Meyer is a former Whitman County Gazette reporter.
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