Home
What's New

Supporting Organizations

The Proposal
Map

Existing Contaminants
Test Results
Voice your concern

Why say NO

How you can help
Advertise
Research

Calendar of Events

Research Summaries
Related Sites

Letters and Publicity

Who I Am
Editorial
Mailing List

Editorial

This is the only page where I will include personal opinion with factual data or events. Send your comments or insights to me at nomaltbytrack@gmail.com. Add yourself to the Mailing List.

The Current and Archived editorials are all on this page. Scroll down to see the Archived editorials.

Current

September 17, 2007 Problems at Brightwater?
An anonymous individual sent me several unsubstantiated rumors regarding King County's Brightwater project in the Maltby/Woodinville area:
  • Failures in the design. Unknown if minor stuff that might be expected on a huge project, or if these are substantial oversights in the design. The anonymous individual quotes a revised completion date of 2020. If true, that has huge cost and political implications for King County.
  • Brightwater failed to remove some underground storage tanks that were well documented on the site.
  • Cross Valley Water District has found some contamination in some of their wells and linked it to the Brightwater construction.
I am working to see if there is any truth to these rumors. Please email me at nomaltbytrack@gmail.com if you have any insights.

Archives

March 25, 2006 DirtDevil and his daily fix
I know the fellow who identified the zoning conflict with the Mineral Resource Overlay (MRO). He has chosen to remain anonymous and I will never reveal his identity. He is a great guy and I wish there was a way for our community to show him our deepest gratitude. He was so excited when he first found the MRO issue he called me three times on a Saturday night. I have nicknamed him DirtDevil. His periodic email messages make me laugh:
DirtDevil @ 1:00pm: I need dirt.
Me: Sorry, no updates.
DirtDevil @ 4:00pm: Well?
Me: Can I keep the day job?
March 26, 2006 Why I love public-disclosure rules
Q: What do you get when you play Country music backwards?
A: You get your dog back, your truck back, your wife back...

Unfortunately, you do not get your financial contributions back from politicians. Why am I mentioning this? Some pro-motocross individuals are furious about the Mineral Resource Overlay (MRO) issue, implying the timing of the February 1 release of the revised MRO is scandalous, and stating they need to do more lobbying with politicians and the Snohomish County Council for off-road vehicle (ORV) sites. I have silently researched some things and it is very apparent pro-motocross individuals and companies have done plenty of lobbying over time.

So please, get over it. The latest MRO was under development for years. I think the MRO revisions were simply overlooked by numerous people... until DirtDevil caught it during his meticulous research. The MRO is real and valid, and MXGP's proposal cannot be grandfathered in before the February 1 date.

Side note. I have backed up all of my data files and research notes and put copies "here and there" with friends. It is the prudent thing to do. So all you devoted readers need not be concerned that the cat will knock Snapple across my computer and prematurely close the website.
March 27, 2006 Don't click your heels together yet...
My sources tell me any attempt to take tax parcels out of the Mineral Resource Overlay (MRO) could take six to 18 months, and would be a very public process (read: meetings, hearings, and so on). So the community has achieved a temporary reprieve.

Do not become complacent. Do not let the threat fall to the back of your mind. Continue to educate yourself. Look for new flaws in the MXGP proposal. Submit your findings to Mr. Erik Olson at Snohomish County. Monitor this and other opposition websites. Communicate. Dance around a fire chanting monosyllabic words. We are not over the rainbow until MXGP is pushing dirt at a different site.
March 28, 2006 If I had a million dollars, I'd buy your love...
...or a well-used gravel pit! Hey, why not given the Washington State Department of Natural Resources (DNR) is not enforcing its regulations at the 19000 Yew Way site. I could generate significant revenue importing fill at my own site.

Background. The 19000 Yew Way site is a former gravel pit and used to have a substantial hole in the ground (now an ever-growing mountain of dirt). On December 15, 1991 a Reclamation Plan was approved by the DNR. It identifies how much fill can be imported at the site, the expected final result (including the slope along the top), etc. The same Reclamation Plan is still in effect today.

The DNR sent a letter on October 28, 1998 and a letter on January 4, 2005. Both letters clearly indicate the site is not in compliance with the Reclamation Plan. I believe this violation is still true. How could the DNR possibly allow Rinker Materials to import another 900,000 cubic yards (CY's) of fill as per the MXGP proposal (200,000 CY's in Phase 1, and 700,000 CY's in Phase 2)?

Pickup the phone or send an email message now. Tell the DNR about the MXGP proposal to import another 900,000 CY's at the site, and how the proposed dirt berms violate the required slope of the Reclamation Plan. Ask the DNR what their intentions are relative to the Reclamation Plan (permit #70-010325).

Doug Sutherland
Commissioner of Public Lands, DNR
(360)902-1004
cpl@wadnr.gov

Senator Ken Jacobsen
Natural Resources, Ocean & Recreation Committee
(360)786-7690 or (206)515-0750
jacobsen.ken@leg.wa.gov

Related note. A Maltby resident sent me a tidbit with a possible stench (I will call him "Wrench"). King County's Brightwater project must remove 1,000,000 cubic yards of soil for the project. That volume of soil is surprisingly close to the volume of fill to be imported for the MXGP proposal. More research to come...
March 29, 2006 My name is Forest, Forest Dump.
Yesterday's editorial got the attention of an astute Kent resident who is employed in the dirt/gravel industry. I will call her Forest Dump.

Forest Dump gave me great insights on what is required to move 1,000,000 cubic yards of soil from the Brightwater site. Buckle in before you read this.
  • One cubic yard (CY) of "in place" soil (compressed in the ground) equates to 1.34 cubic yards of soil loose in a truck. The latter is referred to as a "truck cubic yard" (tcy). Therefore, 1.0 million CY's equates to 1.34 million tcy's.
  • An eight-axle truck and trailer carries between 21-26 tcy's, depending on moisture (heavy wet dirt versus dry fluffy topsoil) and density (rock versus peat).
  • Assuming a conservative 22 tcy's per truck, 60,909 trips will be required to haul the 1.34 million tcy's from the Brightwater site.
  • If a destination site can accommodate 10,000 tcy's per day, it equates to 455 trips per day. That's a truck and trailer every 1.06 minutes - eight hours per day and five days per week.
  • If a destination site can accommodate 10,000 tcy's per day, it would take approximately seven months to haul the 1.34 million tcy's from the Brightwater site. If everyone works 10-hour days and six days per week (Monday - Saturday) then it would take approximately five months to complete the process.
I was in love. Forest Dump spoke in precise, mathematical facts. I asked Forest Dump to hypothesize that the destination site was 19000 Yew Way, and what would happen if one could not take the soil there.
  • If the revised destination was the Monroe AAA site, add 40 minutes per trip. Total cost would increase by $3.25 million.
  • If the revised destination was the Proctor site (in Goldbar), add 90 minutes per trip. Total cost would increase by $7.2 million.
"Is there anything else?" I feebly asked Forest Dump.

"Yes, you need to clarify the haul route as soon as possible. Get involved with King/Snohomish County's approval process regardless of the destination(s) for the soil. The controlling County should ensure the trucks proceed South on SR9 and then onto SR522. That's all I've got to say about that," said Forest Dump.

And with a click she was gone. Sigh.
March 30, 2006 Waiter, there's a Wrench in my soup.
I was pleasantly suprised to hear from Forest Dump and Wrench last night.

Forest Dump said the Proctor site (in Goldbar) cannot accept one million cubic yards. She also said the Fiorito Bros. site in Monroe might have space but one million cubic yards would fill them up for years.

Wrench admired Forest Dump's calculations. Wrench told me the Proctor site is not permitted to take any fill. Apparently the site is just a mine.

Perhaps Brightwater can have a yard sale. Anyone need some fill?

I wonder if both Forest Dump and Wrench are single. "Forest Wrench"? Naw, that is just wrong...
March 31, 2006 Apathy. A Noun or a fine French cuisine?
Last night I received an email saying the Editorials were "over the top". It was fair feedback, and I welcomed it since starting the Editorials.

My mind immediately pondered the level of apathy that exists in some people in our community. I wondered how many people took 10 minutes of their time to send an email message to the DNR after the March 28 editorial. I wondered if people had attempted to "connect the dots" in their mind on a few ancillary issues that have come to light with the MXGP proposal. I wondered how many people have assumed the MXGP proposal is dead and simply stopped paying attention.

Why am I rambling? I will share with you two things that have come to my attention in the past 48 hours, and then interject other lingering thoughts. The questions, answers, and resulting events facing our community in the coming months may require your steadfast attention.

First, Rinker Materials participated in conversations with Snohomish County on topics that appear to have evolved into the Mineral Resource Overlay (MRO). One document seems to summarize conversations that occurred in August, 2003. The Maltby site is not explicitly mentioned in the document. The existence of the document is perhaps a mute point since the MXGP proposal cannot be grandfathered in before the February 1, 2006 publication date of the MRO, but it is an interesting read.
Questions: If Rinker Materials provided comments in support of the MRO concept back in 2003, why would MXGP spend money on studies before the MRO and Urban Use Matrix were finalized and published? Did all parties simply forget that the MRO concept was looming?
Download the file from Snohomish County (2.0 Mb, up to 8 minutes)
Download the file from me (2.0 Mb, up to 8 minutes)

Second, the Washington State Department of Natural Resources (DNR) appears to be significantly engaging on the issue of the Reclamation Plan and the amount of fill at the Maltby site. Whether my editorials were right or wrong, I don't think any large volume of soil (from the Brightwater project or otherwise) is coming to the Maltby site in the future...
Question: Would the contaminated materials have been accidentally dumped at the Maltby site if the DNR had aggressively pursued the issue of the Reclamation Plan after their October, 1998 memo?
Download a recent DNR memo from me (0.1 Mb, up to 1 minutes)

Third, a family's private well appears to have tested positive for Arsenic in both 2004 and 2006. Moreover, the level of Arsenic in their well water has risen 11.9% between February 26, 2004 and March 7, 2006. The family intends to increase the testing frequency of their well water, and is monitoring the situation via legal council. There will be contentious debate about what is an acceptable tolerance level of Arsenic in the water, but I am basing my assumption on the EPA's published value of 10 parts per million (0.010 ppm). I am not qualified to interpret the test results or how Arsenic and other heavy metals occur in soil and water, but it is perplexing that the level of Arsenic in the family's well water has risen almost 12% in two years.
NOTE: at this time there is absolutely no positive correlation between the increased level of Arsenic in the family's well water and the events occurring between Rinker Materials and the Snohomish Health District.
Download the test results from me (0.5 Mb, up to 3 minutes)

Finally, I came across the Department of Ecology's Administrative Code WAC 173-350-025.
Questions: Does this Code imply that the City of Seattle may be partially liable if the contaminants become a demonstrated problem in our water supply and there is a positive correlation to the events identified by the Snohomish Health District? If yes, what controls failed in the City of Seattle's oversight of their vendor(s)?

Apathy. What does it mean to you? I now return you to your regularly scheduled programming...
April 2, 2006 Punctuation (or lack thereof)
I was surprised to receive my first email message from a pro-motocross individual. The email message contained the "typical" pro-motocross arguments, but what surprised me was the poor grammar and lack of punctuation. I wondered if it was an April Fool's joke.

I chose to respond in the form of a telegram so neither of us needed to worry about punctuation.

NO ONE HATES SPORT OF MOTOCROSS STOP PROPOSAL BRINGS TOO MUCH NOISE POLLUTION TRAFFIC TO MALTBY STOP YOU WILL HAVE NOISE PROBLEM IN MOUNTLAKE TERRACE OR LYNNWOOD OR THOMAS BROS FARM TOO STOP FEARS ABOUT OUR FUTURE DRINKING WATER STOP I PAY NEIGHBOR KID BETTER WAGE TO CLEAN MY STALLS STOP SORRY IF YOU CONTRIBUTED MONEY TO A DOOMED PROPOSAL STOP POSSIBLE ORV AREA FOR YOU NEXT TO KING LAKE FLY FISHING NEAR MONROE STOP GOOGLE IT STOP RECOMMEND YOU LOOK THERE OR ELSEWHERE STOP DO NOT STOP
April 4, 2006 A quiet week
It has been a slow week compared to the preceding six weeks. I became accustomed to asking myself what other surprise or tidbit could possibly be identified by the community. Now we wait to see what MXGP's next move will be, whether the stalemate between Rinker Materials and the Snohomish Health District will be resolved, and whether the DNR will finally intervene at the site. This may be a week of nothing, a week of good news, or the calm before the storm.

To the enraged, pro-motocross individual who wrote me last night:

I offer no apologies for the community's opposition to the MXGP proposal. I am not accountable for any email messages voluntarily sent to me (grammatically correct or otherwise) - it is not my fault if someone fails to "put their best foot forward" when meeting or greeting someone new. I have consistently stated these Editorials would include personal opinion with factual data or events.

I do not believe anyone in our community hates the sport of motocross. That opinion was the first sentence in my April 2 "telegram" editorial. I have a childhood friend who used to professionally race. I have fond memories of riding with friends in the mountains, and being towed around while riding on an inner tube across an ice-covered lake.

This casual ORV activity is NOT what is proposed for our community - MXGP is building a race track. Nothing more, nothing less. Throttles are pinned, and machines and riders are pushed to their limits. The MXGP proposal is a vulgar proposition that conflicts with our existing community. I have yet to receive a single comment that clarifies the track in Nevada (identified in a media article by Mr. Strode) which utilizes an effective noise-containment mechanism. Our community should not be subjected to what appears to be an unproven science experiment.

As a fellow business professional, I understand MXGP's desire to locate the facility close to a major metropolitan area. It would likely generate more revenue for MXGP. This is NOT my business problem. Moreover, it is not our community's problem that:
  • Land in greater Seattle is expensive and therefore capital expenditures for MXGP may be high.
  • The sport of motocross racing generates a high volume of noise that conflicts with existing residential areas and regulations.
  • The frequency of injuries in racing necessitate nearby medical facilities.
  • It is difficult for individuals to find suitable ORV sites within a reasonable geographic proximity of greater Seattle. The entire area will only get more expensive. You may need to pool your financial resources to establish an ORV site, travel further, or simply abandon the sport.
As a fellow business professional, I also understand what it means to be a good corporate citizen. However, I do not understand why MXGP did not clean up their former Monroe site after vacating it in the Fall of 2005. Litter, banners hanging on fences, and other items were simply left at the site, possibly spreading across the ecologically-sensitive wetlands. This litter was documented with photographs and submitted to Snohomish County in formal opposition to the MXGP proposal, and is now permanently on file. Why did MXGP only recently arrange a work party within the pro-motocross community to clean up the site? Was it because MXGP received a copy of all opposition letters and was embarrassed by the documented litter, was it because MXGP needed to clean up the site prior to it being bulldozed, or was it something else? It is ironic that Mr. Strode either owns or operates a fly-fishing lake (see the April 2 editorial) that appears to be kept wonderfully clean.

As a parent, I understand the desire to engage one's children in meaningful activities. I fully endorse any activity that is endorsed by the DARE program (or similar). However, please stop with the PR campaign and fallacy implying this is a drug-free environment. My expectations for a drug-free environment are dictated by my experiences with the FAA as a recreational pilot, where a single positive test or DUI conviction usually means an immediate and permanent ban from the activity. You may be in control of your children, but what controls exist to ensure that every rider is free of alcohol and drugs? Until these controls are in place, please do not imply the activity is 100% free of alcohol, drugs, or other negative influences.
April 5, 2006 Did you know?...
  • We should stop referring to the 19000 Yew Way site as a gravel pit. Moreover, do not allow your mind to visualize the site as a hole/pit or a level piece of ground. The former pit has been replaced by an ever-growing "mountain" of soil. I have seen the site from the air.
  • The Washington State Department of Natural Resources (DNR) actually has the power to "red tag" the site and stop all operations there. I do not wish that level of enforcement on Rinker Materials, but I do expect the DNR to enforce its regulations for the Reclamation Plan. Take 10 minutes and review the DNR-related letters under Research Summaries.
  • Do not confuse casual off-road vehicle (ORV) activities with the MXGP proposal. MXGP proposes to build a race track. Riders and machines will be pushed to their limits, and this means obtaining the maximum performance from one's motorcycle at high RPMs.
  • 180th Street SE (between SR9 and Broadway) is "in arrears" with regard to traffic, and hence cannot accept a significant volume of new, peak, hourly traffic. Yes, this was identified to Snohomish County relative to the MXGP proposal. ;)
  • All or part of the site at 19000 Yew Way cannot become a park while zoned as "R-5 w/MRO". Moreover, there really isn't much that can be done with the site while it retains the MRO designation. Take five minutes and review the Rural Use Matrix under Research Summaries.
  • Our community has yet to find any tangible proof that the proposed dirt berms will successfully function as a noise-containment mechanism. We should not be subjected to an unproven science experiment.
  • Our surrounding communities should consider the County codes for Aquifer protection areas (RCW 36.36.010 and RCW 36.36.020) as a method to protect the future of the Maltby aquifer. Take five minutes and review these two County codes under Research Summaries.
  • It is not our community's fault or problem that there are no nearby ORV sites. I am sorry that the pro-motocross community has to make sacrifices with their finances or time (to drive to a distant ORV site). I frequently make similar sacrifices for my aviation habit or my family's equestrian habit, and I quietly deal with it. You are not alone. Just please stop making the ORV issue our mutual problem. You will not find any sympathy here when you attempt to make it my problem.
  • We have a wide range of visitors to this website. The open-source software AWStats is a wonderful program for processing my web server's log files. I see pro-motocross people linking to this website from their various chat forums (ThumperTalk, SuperMotoJunkie, etc.). I see various legal firms accessing this website from their company domains. I think one or more pro-motocross individuals have their email address on the Mailing List. So be it. It's a free country and this is an open website. Welcome aboard, everyone. ;)
  • The drawing/raffle for the autographed football closes on approximately April 30, 2006. Get your email address on the Mailing List if you want a chance to win the football! I am striving to NOT send people a lot of "junk" via the Mailing List.
April 8, 2006 Next two weeks may be quiet
DirtDevil has been monitoring a Snohomish County website for Commercial Permit Applications. I think the reports may only be updated every Monday. No indications yet of MXGP changing its focus to elsewhere in Snohomish County.

The original opposition website nomotorcrossinmaltby.blogspot.com has a good update on the situation with the contaminants. I had a similar conversion late Friday with Ms. Kathy Pierson of the Snohomish Health District. Ms. Pierson and I also discussed an Arsenic study that occurred a few years ago near Granite Falls. The study concluded that the Arsenic level may naturally rise during periods of lower rainfall. This makes sense since the Arsenic would have a chance to further concentrate in the soil. However, the family near the 19000 Yew Way Site observed an increase in Arsenic in their well water even after the heavy rainfalls this Winter. This is still perplexing to me. I will attempt to obtain a copy of the study and post it here.

Side note. There is a large document from the US Geological Survey posted on Research Summaries. It discusses Ground Water and Surface Water. Anyone with a private well should read the document. Thx to Gail from the Echo Paradise Community for sharing the document.
April 19, 2006 They done me wrong, Pa
I am disappointed and angry after reading the comments made by Mr. Gary Strode in an April 17 article in the Woodinville Weekly. Snohomish County did not "change the rules" simply to exclude MXGP, Inc. and the pro-motocross community from the Maltby site.

In August, 2003 there was a Snohomish County Hearing such that several local residents didn't want the pit/site defined in what is now the MRO. My understanding is Rinker Materials was in attendance at the Hearing and lobbied for inclusion of the site in the MRO. I also believe there are notifications and letters documenting the forthcoming MRO, notifying relevant parties, etc.

It is time to stop the Bravo Sierra (aviation speak for BS) about the history of the MRO. Standby, am working to see what I can obtain...
April 27, 2006 Why I love public-disclosure rules (part II)
I just heard the Washington State Department of Natural Resources (DNR) is moving to enforce the Reclamation Plan. The Reclamation Plan identifies how much fill can be imported at the site, the expected final result (including the slope along the top), etc. Here is the DNR's complete response to one Maltby resident:

Thank you for your recent e-mail regarding questions related to Surface Mine Reclamation. Rinker Materials current has an active surface mine reclamation permit (#70-010325) for the Maltby Pit. The Department of Natural Resources (DNR) has been and will continue to actively work on surface mine reclamation issues with the permit holder. The dialogue with Rinker has been ongoing and recently resulted in the department issuing an Order to Rectify Deficiencies under RCW 78.44.190. This Order was sent out via certified mail on April 10, 2006. The Order addresses issues related to deviations from the currently approved reclamation plan of record, and also the failure to post a requested increase in performance security for this permit. Rinker has 60 days to comply or 30 days to appeal the Order to Rectify Deficiencies.

DNR has commented in a letter to Snohomish County on March 20, 2006 that the significant amount of import fill proposed (900,000 CY's) for the motocross track "is currently not allowed under this permit."

Why is enforcement of the Reclamation Plan important to our community?
  • First, MXGP and Rinker Materials would be prevented from importing the 900,000 cubic yards (CY's) of soil (200,000 CY's for Phase 1, and 700,000 CY's for Phase 2) to create the dirt berms. No dirt berms equals no noise-containment mechanism. No noise-containment mechanism equals no way to contain or channel the significant noise produced by motorcycles at the race track.
  • Second, the Reclamation Plan identifies a gradual slope at the site, whereas the MXGP proposal has dirt berms with tops that are level across the entire site.

I wonder if MXGP, Inc. feels like the poor fellow in the picture. The first wheel to come off their proposal was due to the MRO, and now another wheel is coming off their proposal due to problems at the Maltby site with the Reclamation Plan...

motocross motorcross atv crash tire tires falling off jump in air wheels all terrain vehicle quad bike crashes dirt motorbike motorcycle accident
May 13, 2006 Like a bad penny...
Mr. Erik Olson from Snohomish County's Planning and Development Services (PDS) department advised me that MXGP, Inc. has up to one (1) year to resubmit revised materials to PDS. The revised materials might include a plan for the zoning problem (R-5 with MRO), a new drainage plan, and so on. This means that MXGP's proposal could remain in a Pending status until approximately March 22, 2007. You can check the status of the MXGP proposal using the Snohomish County PDS Permit Search website. Enter the file number in the format 06102142LU.

Therefore, I need your help to see if the other "wheel" (ie., the Reclamation Plan) is still falling off the MXGP proposal (see the April 27 editorial). I ask that you send a quick email message to the DNR to see if Rinker Materials submitted an appeal in response to the DNR's Order to Rectify Deficiencies from April 10, 2006. It has been 30+ days since the DNR issued the Order. Rinker Materials is required to appeal within 30 days or comply within 60 days. Please send your email message to Mr. Doug Sutherland at the DNR using the email address cpl@wadnr.gov. Here is a sample letter that you can quickly copy/paste into an email message:

Dear Mr. Sutherland,

I am inquiring about permit #70-010325 and the DNR's "Order to Rectify Deficiencies" that was issued to Rinker Materials on April 10, 2006.

I would like to know if Rinker Materials has appealed the Order within the 30-day time limit. If yes, I request that the DNR send me a copy of the appeal.

Thank you for your time and prompt response,

YOUR FULL NAME
YOUR MAILING ADDRESS
May 24, 2006 Hmmm...
The DNR responded back to many people in our community, and advised that Rinker Materials did NOT file an appeal in response to the DNR's Order to Rectify Deficiencies. This means Rinker Materials must comply within 60 days of the Order (approximately June 10), but I am not clear on how the DNR and Rinker Materials define "comply".

Standby, am checking on a few things...
May 31, 2006 Hope
Mrs. DirtDevil called me tonight since I was busy today, didn't search the media for updates, and overlooked the May 31 article in the Seattle Times. The article implies the deal between MXGP, Inc. and Rinker Materials has been halted for the Maltby site. Is this permanent? I don't know.

I also spoke with Wrench last night. There is an unsubstantiated rumor in the dirt/trucking world that Rinker Materials is not offering new contracts for imported fill (at the Maltby site) after approximately July, 2006. Again, I don't know the plan or implications if the rumor is true.

Both would imply MXGP, Inc. has a low probability of creating a motocross racetrack at the 19000 Yew Way site. Let's hope so...
June 15, 2006 Peek a boo...
There may be an indirect link between MXGP, Inc. and the motocross track proposed in Hamilton, WA. On Wednesday I spoke with the opposition group in Hamilton, WA and went to their website www.cahm.info. Their website contained a copy of the Conditional Use Permit. I did some digging through items sent to me, and the address on the Conditional Use Permit (for the Hamilton proposal) matches that of an individual who supported MXGP at a Snohomish County Hearing when MXGP was being forced from their former site in Monroe.

I do not know if the company Hamilton Park, LLC is separate from MXGP, if some or all of the same business partners are behind both companies, or other. To be honest, the proposal in Hamilton is not my battle. I gave some advice to the Hamilton opposition group and told them they could copy anything from this website, but it is up to them. I think their community will ultimately prevail though(!), since placement of a motocross racetrack within 400 feet of residences/families will likely violate any City, County, or State noise restrictions.

For the Maltby community, I refer you back to my March 27 editorial since our battle is not complete until the MXGP proposal is closed with Snohomish County, and MXGP and its supporters are pushing dirt elsewhere.

It has been 60+ days since the Department of Natural Resources (DNR) issued the April 10 Order to Rectify Deficiencies to Rinker Materials. I once again ask that you take five minutes of your time to write the DNR. Please send an email message to Mr. Doug Sutherland at the DNR using the email address cpl@wadnr.gov. Here is a sample letter you can quickly copy/paste into an email message:

Dear Mr. Sutherland,

I am inquiring about permit #70-010325 and the DNR's "Order to Rectify Deficiencies" issued to Rinker Materials on April 10, 2006.

It has been more than 60 days since the DNR issued the Order. I know Rinker Materials did not appeal the Order within the 30-day limit, and therefore I am curious as to how Rinker Materials intends to comply with the Order and generally bring the site back into compliance with the last approved Reclamation Plan. I have several questions.

First, did Rinker Materials submit a plan specifying how they will comply with the Order? If yes, I request that the DNR send me a copy of ALL document(s) submitted by Rinker Materials.

Second, if Rinker Materials submitted a plan and the DNR determines that the plan is sufficient, will I be able to determine the "go forward" plan by the DNR and Rinker Materials (ie., can a normal person quickly interpret the plan) to bring the site back into compliance with the last approved Reclamation Plan? If not, I would appreciate if the DNR could itemize the major steps/events for me.

Third, if Rinker Materials submitted a plan but the DNR determines the plan is insufficient, what is the detailed "go forward" plan by the DNR to compel Rinker Materials to comply with the April 10 Order, and to bring the site back into compliance with the last approved Reclamation Plan?

Finally, if Rinker Materials did not submit a plan then what is the detailed "go forward" plan by the DNR to compel Rinker Materials to comply with the April 10 Order, and to bring the site back into compliance with the last approved Reclamation Plan?

Thank you for your time and prompt response.

YOUR FULL NAME
YOUR COMPLETE MAILING ADDRESS
June 21, 2006 Whole lotta truckin goin on...
I received a detailed letter from the Washington State Department of Natural Resources (DNR) today. In summary:
  • Rinker Materials met with the DNR on approximately May 30, 2006 and discussed a new Reclamation Plan for their Maltby site.
  • Rinker Materials asked for and received a 60-day extension to submit a revised Reclamation Plan. Rinker Materials now has until August 8, 2006 to submit the Reclamation Plan (and related documents) to the DNR.
  • The revised Reclamation Plan must include additional items such as a SEPA Checklist, SM-6, and Geotechnical Evaluation.
  • Rinker Materials posted a new security bond (with the DNR) for their Maltby site. The DNR mandated Rinker Materials to increase the security bond from $100,000 to $219,500.
I did not receive any documents that define the new Reclamation Plan, but "the proposed plan essentially changes the final reclamation topography from a long slope as currently permitted to a plateau like landform not exceeding 445 feet MSL." My interpretation is Rinker Materials is proposing a new Reclamation Plan which conforms to the existing "mountain" of dirt at the site.

It is unknown if the design of the new Reclamation Plan would permanently defeat the MXGP proposal for the site. The MXGP proposal does specify large dirt berms for noise containment. I do not know if MXGP could build the dirt berms and remain within the definition of a new Reclamation Plan.

Residents in the immediately vicinity of the site should remain cognizant of any changes to the existing Reclamation Plan. This is not my battle, but some of you may be impacted by the height of the mountain of dirt. You might contact the DNR and ask if you are allowed to provide comments on any new Reclamation Plan.

I am checking with a few people on the potential significance of the SEPA checklist and other documents. Standby...
July 11, 2006 Round and round she goes...
Folks, I once again need five minutes of your time. The real status of the MXGP proposal is unknown, and there is a possibility the proposed Reclamation Plan could subsequently be conducive to the development of a motocross track.

Please copy/paste the following letter into an email message, and send it to both Mr. Sutherland (DNR) and Mr. Reardon (Snohomish County). Remember to include your name and mailing address at the bottom of the email message.
cpl@wadnr.gov aaron.reardon@co.snohomish.wa.us


Mr. Sutherland and Mr. Reardon, I am writing to you regarding DNR permit #70-010325, Rinker Materials, and their site in Maltby.

I am very surprised to hear that Rinker Materials is proposing a new Reclamation Plan for their site in Maltby, especially since the site has been knowingly out of compliance with the 1991 Reclamation Plan since October, 1998 (refer to DNR memos on Oct 28/1998, Jan 8/2004, and Jan 4/2005).

I have several questions for both the DNR and Snohomish County.

Mr. Sutherland, in their June 4, 2006 letter to the DNR, Rinker Materials requests a 60-day extension to the DNR's April 10, 2006 "Order to Rectify Deficiencies". Rinker Materials mentions they must complete items such as a SEPA Checklist, SM-6, Geotechnical Evaluation, etc.
  • What is the complete list of "items" that must be included with a proposed/new Reclamation Plan?
  • Are any public comments allowed on any of these "items"?
  • Is any public-comment period or hearing allowed/conducted as part of the process for a proposed/new Reclamation Plan?

Mr. Sutherland, the DNR may or may not be aware that there may be pending litigation between Rinker Materials and the Snohomish Health District (SHD) regarding the site in Maltby. This situation was reported in the May 31 issue of the Seattle Times.
  • Can the DNR continue to consider a new Reclamation Plan given the possible litigation? Will the DNR seek input from the SHD regarding the site in Maltby? The possible litigation and the overall issue of the dumping of the contaminants appears to conflict with RCW 78.44.091 (4), and the last paragraph of RCW 78.44.091.
    http://apps.leg.wa.gov/RCW/default.aspx?cite=78.44.091
  • The DNR's Jan 4/2005 memo to Rinker Materials indicates that inappropriate materials such as concrete and asphalt were dumped at the site in Maltby. Again, this appears to conflict with RCW 78.44.091 (4). Will this history be a consideration when reviewing the proposed Reclamation Plan?
  • Will the DNR seek input from the Cross Valley Water District or from home owners, and will a hydrogeologic analysis be required as per RCW 78.44.091 (1j)? I believe both the Cross Valley Water District and individual home owners obtain drinking water from the Maltby aquifer.
    http://apps.leg.wa.gov/RCW/default.aspx?cite=78.44.091 http://apps.leg.wa.gov/RCW/default.aspx?cite=90.48

Mr. Reardon, the SM-6 form appears to require Snohomish County approval.
  • Are any public comments allowed relative to the SM-6?
  • Can Snohomish County approve the SM-6 form given the situation between Rinker Materials, the SHD, and possible pending litigation?

Mr. Reardon, the process appears to require a SEPA Checklist.
  • What role will Snohomish County play in the SEPA Checklist?
  • Will Snohomish County allow or request any public comments relative on the SEPA Checklist?

Thank you for your time and a prompt response.

Sincerely,
YOUR NAME
YOUR COMPLETE MAILING ADDRESS
August 9, 2006 That's all I've got to say about that...
There are several updates for you today.

motocross motorcross mx crash crashes jump flip dirt bike motorbike motorcycle accident

First, the battle with MXGP and the proposed motocross track is over for now! On Monday I confirmed with Mr. Erik Olson that MXGP has cancelled their proposal with Snohomish County. The proposal is no longer available on Snohomish County's website.

MXGP, goodbye and don't come back to Maltby. You will NOT receive a warm reception when attempting to establish a noisy motocross track in an existing residential area (ie., our serene community).

Second, be aware Rinker Materials is still attempting to obtain a new Reclamation Plan for the Maltby site. I am disgusted it took the DNR 7+ years to act on the documented violations to the current Reclamation Plan. Ask yourself the following:
  • Would Rinker Materials have not accidentally dumped the contaminated materials if the DNR had enforced its regulations prior to 2003?
  • Would the site have been closed or sold (for a purpose other than a motocross track) if the DNR had enforced its regulations prior to 2003 or even 2005?
I believe the DNR Commissioner (Mr. Sutherland) is either in an appointed or elected role. Remember this when you vote or make a campaign contribution.

Third, I've received a mixed level of response from our elected officials. I consistently received some level of response from Dave Somers (Snohomish County Council), Representative Mark Ericks (WA State Legislature), and Senator Rosemary McAuliffe (WA State Senate). I don't think I ever heard from Representative Al O'Brien (WA State Legislature). I initially heard from Aaron Reardon (Snohomish County Executive), but heard nothing from he or his staff on recent questions regarding the County's possible involvement with Rinker Materials' proposed Reclamation Plan. Your experiences may have varied.

It is interesting to check a website such as the WA State Public Disclosure Commission (www.pdc.wa.gov) to see what individuals or organizations have contributed money to a candidate. For example, I wonder what "small talk" occurred on September 8, 2005 when Aaron Reardon attended a fund-raising event that coincidentally included representatives from MXGP and Rinker Materials, and other individuals in the pro-motocross community.

In the end actions always speak louder than words. Again, remember this when you vote or make a campaign contribution.

Fourth, you probably won't see much activity on this website going forward. If desired, add your email address to the Mailing List in case something changes in the future.

Finally, I cannot say this has been an enjoyable experience but it did rally our community and bring us together. Thank you for your support, insights, and input on this website.

Sincerely,
Peter
December 4, 2006 Here we go again...
It was just brought to my attention that the Snohomish County Council will consider Ordinance No. 06-137 on December 13 at a 10:30am meeting.
Download the details and draft language of Ordinance No. 06-137

I strongly encourage you to download and skim through the draft language of the Ordinance. I do not know if it presents an immediate risk to our community, but I have several concerns with the current language in the proposed Ordinance.

I encourage you to cut/paste the text below into an email message. You can ultimately choose what you want to send to the Council - I thought this would be a nice starting point for you. Send the email message to the Snohomish County Council.
county.council@co.snohomish.wa.us

If desired, include a copy of your email message to these people too.
aaron.reardon@co.snohomish.wa.us
ericks.mark@leg.wa.gov
McAuliffe.Rosemary@leg.wa.gov


To the Snohomish County Council:

It has come to my attention that you will formally consider Ordinance No. 06-137 on December 13, 2006. I have several concerns with the language of this Ordinance.

Section 1.C. I do not feel that these types of jobs will have a significant economic impact on the County. These are not high-salary positions. Moreover, people "camping" at weekend events at a motocross racetrack are likely to "stock up" with provisions prior to leaving their home. Where is the purported economic benefit?

Section 1.F.1. The requirement that any motocross racetrack be located within four (4) miles of the Urban Growth Area (UGA) is TOO CLOSE, and seems inconsistent with the language in 2.B.2 (and LU Policy 8.C.1), and the language in 6.24. The UGA includes residential homes. We have yet to see any tangible proof that a noise-containment mechanism such as a dirt berm will successfully reduce, channel, or mitigate the significant, high-decibel noise from a motocross racetrack. For Section 6.24, how will Snohomish County legislate and ensure that "the track shall be operated in such a manner so as not to cause offense by reason of noise or vibration beyond the boundaries of the subject property"? Noise travels, and it is not bounded by zoning, County regulations, or other hypothetical mechanisms.

Section 1.H. A motocross racetrack is in NO WAY analogous to off-road vehicle (ORV) activity. The only commonality between the two activities is the use of a two-wheel motorcycle or a four-wheel all-terrain vehicle (ATV). A motocross racetrack involves NUMEROUS riders simultaneously racing around the track, with their throttles "pinned" (maximum RPM). It is disappointing that Snohomish County would even consider an Ordinance with language that attempts to mask motocross racetracks as a form of casual, ORV activity.

Section 9.1.D. If Snohomish County has such confidence in this Ordinance, why is there is a clause requiring "A signed statement agreeing to indemnify and hold harmless the County, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the operation or use of the motocross racetrack"? As a taxpayer of Snohomish County I EXPECT that the County Council will only approve Ordinances that are inherently involve a low risk of future litigation. Please identify to me what other approved Ordinances have similar, weak language such that the Ordinance may subject Snohomish County to future litigation.

Section 9.2.A. Again, 500 feet is an insufficient distance between a motocross racetrack and an existing residential dwelling, school, etc.

Section 9.2.E. While opposing the MXGP proposal in 2005, the Maltby community was unable to find any tangible proof that a dirt berm would contain the noise from a motocross track, and yet this Ordinance states "Noise mitigation berms may be used to reduce noise levels". What tangible proof does Snohomish County have that a berm will successfully contain, channel, or mitigate the high-decibel noise from a motocross racetrack? Moreover, what legal recourse does Snohomish County have if the berms fail to contain the noise and Snohomish County is subsequently at risk of litigation?

I encourage Snohomish County to reject this Ordinance in its current form. The draft Ordinance is full of inconsistencies, would likely permit a motocross racetrack in a location that is materially detrimental to existing residences or schools in the immediate vicinity (ie., it would likely cause intrusive noise, thereby being injurious), and appears to present a future litigation risk to Snohomish County.

A bad deal never gets worse when you walk away from it...

Sincerely,
YOUR NAME
YOUR FULL MAILING ADDRESS
January 28, 2007 House Bill 1434
House Bill 1434 will soon be considered by Washington State. This is important to you and other Maltby residents since it is an Act relating to environmental noise abatement. In summary, House Bill 1434:
  • Adds teeth to the RCW codes by making some violations a traffic infraction that results in a fine.
  • Adds liability for property damage.
  • Makes it a violation to operate a non-highway vehicle (ie., a motorcycle or ATV) in such a manner where the noise created by the engine is plainly audible inside or immediate adjacent to a residence.
I strongly encourage you to read the Bill. I also encourage you to cut/paste the text below into an email message, and send an email message to your House Representatives and Senator(s).
ericks.mark@leg.wa.gov
McAuliffe.Rosemary@leg.wa.gov


It has come to my attention that you will consider House Bill 1434 during the 2007 session.

The Maltby community needlessly suffered in the Spring of 2006 when the company MXGP attempted to place an ORV/motocross racetrack in an existing residential area. Our community was stunned to learn that minimal laws (with substance/teeth) exist to protect the sanctity of our homes.

I implore you to vote YES on 1434.

Sincerely,
YOUR NAME
YOUR FULL MAILING ADDRESS
March 3, 2007 Senator Kline tells off-roaders to buzz off (HB1434 and SB5544)
Take a moment and read David Postman's March 2 blog in the Seattle Times. It discusses Senator Adam Kline's response to an email message from a pro-ORV individual.

I am encouraged by Senator Kline's responses to the over-used arguments and over-hyped benefits from the pro-ORV community.
April 18, 2007 If it smells like a rat, could it be a rat?...
I was alerted to an article in a recent edition of the Monroe Monitor. There are two links here since it spans two pages:
First part
Second part

I am already skeptical of Snohomish County Executive Aaron Reardon. In one evening (September 8, 2005), he accepted a sizeable amount of funding from MXGP, Rinker Materials, and the pro-mx community. I previously eluded to this event in my August 9, 2006 editorial.

So Mr. Reardon, are your true colors starting to show?
May 17, 2007 May 21 Snohomish County meeting on zoning issues, and my predictions
I hope you are already aware of the May 21 meeting on various zoning proposals for the Maltby area. If not, see this Calendar entry. Here are some observations and predictions...

It appears that Rinker Materials requested that the Mineral Resource Overlay (MRO) zoning designation be removed from their Yew Way site back in July, 2006. Rinker Materials lobbied hard to obtain the initial MRO designation in 2003, and the existence of the MRO helped defeat the MXGP proposal in March, 2006. I am surprised that Rinker Materials moved so quickly to remove the MRO.
July 31, 2006 letter to Snohomish County

I don't think MXGP is coming back to Maltby - even if Rinker Materials removes the MRO designation from their Yew Way site. MXGP's proposal had many flaws beyond zoning (drainage, parking, traffic-flow restrictions on 180th St SE, etc.), and I think the County's new/proposal language for motocross tracks explicitly targets (and helps?) MXGP develop a motocross track just Northeast of Granite Falls.

I think the University of Washington owns most or all of the land at the Wellington Hills Golf Course (East of the Woodinville Costco). It appears they are moving to close the golf course and change the zoning to R-7200 (7,200 sq ft lots). That would result in MANY houses up there.

The Strahm proposal is unusual. It proposes to change the zoning for much of Maltby (11.6 square miles) to more of an "urban" zoning. I don't know if Strahm is an individual, company, or a "front" for one or more developers. I don't think the proposal will be approved since it inconsistent with several of the initial Docket Review Criteria, and it is inconsistent with all of the Rezone Criteria. However, this is a dark horse to watch both now and in the future.

I don't think the proposed City of Maltby will be approved in its current form. The proposed City is perhaps too large to start (43.4 square miles), and some in Maltby disapprove or are ambivalent due to a lack of information.

Now, sheer speculation by me... I think it is no "accident" that the Brightwater sewage-treatment plant was placed near Maltby. I think Snohomish County sees Maltby as the next high-growth area for the County, and I think after Brightwater comes online we will see an announcement similar to "wow, we've got lots of extra capacity". Let's see...
July 28, 2007 Never believe everything you read in the media
Here is an email message I sent to the Publisher and CEO (Robert W. Ritter) of Washington CEO magazine. You may email him too at info@washingtonceo.com or submit a comment on his Letter to the Editor web page.


Rebuilding Nature in the August, 2007 issue.
This article glorifies the current activities at the Monroe, WA site and fails to mention the complete history under the same owners mentioned in your magazine. David Remlinger and Steve Davison (via their company Academy Holdings) allowed the company MXGP to place a motocross racetrack on the ecologically-sensitive wetlands. See this Seattle PI article: seattlepi.nwsource.com/local/204748_nsecondary22.html. Your reporter(s) could have easily used Google to research the history of the site.

Where are your checks and balances on the quality of your articles? I am a subscriber but no longer have faith that your magazine provides objective content.