No Maltby Track - News Release

* * * APPROVED FOR PUBLICATION OR BROADCAST * * *
* * * OK FOR WEB, PRINT, RADIO, OR TELEVISION. * * *
* * * NOT SECOND SOURCED. SEE CONTACT FOR FURTHER. * * *

Residents identify zoning problem for proposed motocross track, Washington – 21 Mar 2006

Summary: A group of residents with the Maltby Clearview Community Coalition (MCCC) have identified a fundamental zoning regulation that conflicts with a motocross track proposed by Gary Strode and MXGP, Inc.

MXGP’s Master Permit Application and Conditional Use Permit were received by Snohomish County on February 8, 2006. The Master Application identifies the 58-acre site in Maltby as an “R-5” Zone, and both documents clearly indicate the intended use of the site will be a “racetrack”.

However, the 58-acre site at 19000 Yew Way lies partially or fully within the revised Mineral Resource Overlay (MRO) issued on February 1, 2006 by Snohomish County. The MRO is part of Snohomish County’s Growth Management Act (GMA) Comprehensive Plan. Snohomish County Code SCC30.22.110 (called the “Use Matrix”) clearly identifies what development or land use can and cannot occur in an “R-5 with MRO” Zone. A “racetrack” is explicitly excluded from this Zone, and is not allowed even with a Conditional Use Permit.

MXGP’s proposed 58-acre site spans seven tax parcels. Even just one tax parcel zoned as “R-5 with MRO” would conflict with MXGP’s design for the motocross track. This overlooked zoning restriction may permanently defeat the MXGP proposal at the Maltby site, forcing MXGP to reconsider its four other candidate sites. It is ironic since MXGP was required to shutdown its previous track in Monroe due to a zoning violation.

Residents in the Cathcart, Clearview, and Maltby areas appear strongly opposed to the motocross track. A community opposition meeting on March 2 attracted over 300 residents. Residents established the websites nomotorcrossinmaltby.blogspot.com and www.nomaltbytrack.org as communication tools, and the MCCC has enlisted the support of local businesses. Residents submitted approximately 1,200 opposition letters to Snohomish County by a March 13 deadline. This is rumored to be the largest volume of opposition letters Snohomish County has ever received for a proposal.

The MCCC is also focused on contaminated waste dumped at the same site. The Snohomish Health District and Rinker Materials have exchanged a series of memos on the issue. The Health District identified levels of heavy metals that exceed Soil Cleanup levels and have shown the potential for leaching into groundwater. The heavy metals include arsenic, cadmium, chromium, and lead. In a December 30 memo Rinker Materials admitted it dumped the materials but they posed no threat to the environment. On February 3 the Health District disagreed with Rinker’s assessment and issued a Health Officer’s Order to Rinker Materials to submit a plan within 60 days to clean up the site. An inspection will be conducted on approximately April 4, 2006.

This is a unique situation in which backwash solids containing heavy-metal concentrations have been dumped in the soil above the previously-exposed Maltby aquifer. All indications are such solids should have been dumped in a lined, solid-waste facility. The long-term health effects are unknown and the MCCC feels an adequate analysis is necessary.

The concern is families on private wells may need to perform monthly tests of their water supply for as long as 10 years. Total cost of the tests could exceed $10,000.00 per household. There have been no discussions of who should pay for these monthly tests. There is also concern the Cross Valley Water District could detect elevated levels of these heavy metals in future water it receives from the Maltby aquifer.

The MCCC is researching ecology and environmental laws to determine the City of Seattle’s involvement. The contaminated waste originated from a City of Seattle water-treatment facility on the Tolt River.