August 4, 2002

Beyond the "hydraulic analysis" there is a collection of legal and ethical activities that need to be addressed. As a whole these may be reason for denial of the application:

1. The casino was built without SEPA, NEPA, EIS or FEIS review.

2. A commercial electronic sign was built in 1996 on State Highway 12 without permit, review or approval

3. The Casino and Tribe have been agitating to raise highway 12 for several years.

4. The Casino and Tribe now trying for approval to raise Anderson Road through Thurston County even though Anderson Road is a joint right-of-way with Grays Harbor County.

5. The Casino and Tribe are continuing a piecemeal approach to development of rural property. Starting with:

• a. Casino, then
• b. Casino sign, followed by
• c. Casino improvements in 2002 ($6 million) and now
• d. Grant and pressure to raise Anderson Road which will culminate in
• e. Construction of service station and convenience store in rural zoned land parts of which will be used to
• f. Setup up firework stands on Highway 12 to sell fireworks which are illegal off tribal lands

The current application is at best fraudulent and represents an attempt to skirt the intent of the law and to take advantage of loopholes in order to further the growth of the casino at the expense and risk of the long term rural residents and downstream communities.

The current application and all Casino and Tribe attempts to build in the floodplain are knowingly being done without regard to current city/county/state/federal planning efforts to reduce Chehalis Watershed Flooding (Lewis County is the lead agency). The Anderson Road effort hasn't even been submitted to Lewis County for review.

They (the Casino, Tribe and Thurston County) are ignoring the long-term watershed planning efforts of the Chehalis Basin Partnership (CBP) of which the Tribe and Thurston County are members.

Thurston County and Grays Harbor County have a legal obligation to force the Casino and Tribe to apply for a permit which addresses all of the planned construction activities so that the flood and environmental impact can be completely understood.

These activities, when taken as a whole, smell much worse than a spawned out salmon along the banks of the Black River.