Exhibit 179 (2)Bricklin ˜Newman ˜Dold, LLP DAVID A. BRICKLIN ATTORNEYS-AT-LAW CLAUDIA M. NEWMAN 1001 FOURTH AVENUE JENNIFER A. DOLD SUITE 3303 RYAN P. VANCIL SEATTLE, W A 9 8154 DEVON N. SHANNON TEL.
(206) 264-8600 FAX (206) 264-9300 July 27, 2005 John C. McCullough McCullough Hill Fikso Kretschmer Smith Dixon 2025 First Avenue Suite 1130 Seattle, WA 98121-2100 Grant Beck Community
Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: Wal-Mart Supercenter (Case No. SPR-05-0091-42) MDNS Appeal Dear Jack and Grant: As requested, I provide herein
a list of the expert witnesses that will be presented at the MDNS appeal hearing by the Yelm Commerce Group as well as more detail regarding the specific issues that will be raised by
each witness: Joel Massmann: Dr. Massmann will provide expert testimony about the potential for significant flooding impacts as well as the potential for significant pollution impacts
to both groundwater and surface water caused by the Wal-Mart proposal. He will testify regarding i?????nadequate, incomplete, and/or incorrect disclosure and analysis of information
about these potential significant adverse impacts in the applicant’s engineering reports and in the City’s MDNS. Dr. Massmann will discuss a general failure on the part of the applicant
and the City to adequately analyze and disclose uncertainties with respect to the likely volume of stormwater runoff on the site and the inability of the proposed infiltration system
to adequately control the volume and quality of the runoff. He will demonstrate that the estimates of the volume of stormwater runoff and the estimates of the storminfiltration rates
may be inaccurate, based on improper approaches, based on incorrect data, and/or
John C. McCullough Grant Beck July 27, 2005 Page 2 based on incorrect assumptions. He will also discuss the reliability and performance record of the proposed stormwater infiltration
hardware. Edward A. Wiltsie: Stormwater engineer Edward Wiltsie’s testimony will reflect the substance already provided to the City in his comment letters and how the MDNS failed to
address the issues raised in his letters. Rob Bernstein: Rob Bernstein will provide expert testimony about the potential for significant adverse traffic impacts caused by the Wal-Mart
proposal. He will testify regarding inadequate, incomplete, and/or incorrect disclosure and analysis of information about these potential significant adverse impacts in the applicant’s
transportation analysis and in the City’s MDNS. Mr. Bernstein will point out incorrect assumptions that led to incorrect conclusions, such as those with respect to trip generation rates.
Mr. Bernstein will also address the MDNS’ failure to consider impacts to capacity available on the future Yelm street system with respect to existing congestion problems and traffic
introduced by other development in the area. Mr. Bernstein will address the issue of whether the traffic forecast used for the TIA analysis is consistent with the traffic forecast used
for the Yelm Transportation Plan. Heidi Heslinger: Heidi Haslinger is a wetland specialist who will testify that the applicant's reconnaissance report provides insufficient data to support
the conclusions stated therein. Namely, due to the heavy grazing in the vicinity of the northwest-southeast trending swale in the northeastern corner of the subject property, inadequate
vegetation data was available. As such, this area should be fenced off for a time so as to allow for adequate vegetation regrowth. Proper species identification and dominance could then
be provided inside and outside of the swale. Additionally, no soil sampling sites were analyzed inside and outside of this swale area to note any potential differences in soil characteristics.
A review of the swale's characteristics as they pertain to potential wetland hydrology also is missing. In general, more data is required to prove or disprove the presence of the palustrine
wetland indicated on the National Wetlands Inventory in the vicinity of the northeastern corner of the subject property. Ms. Heslinger may also discuss impacts to offsite wetlands from
the proposal. Marlon G. Boarnet: Dr. Boarnet will provide expert testimony about the potential for adverse impacts to the surrounding land use and downtown infrastructure related to
the proposed Wal-Mart store. Theory and evidence suggest that Wal-Mart stores can cause adverse economic impacts, including impacts on competing retailers and, as a result, can cause
significant adverse physical impacts to the surrounding area. Dr. Boarnet will testify about the potential for such impacts with respect to this project and address whether the City's
analysis was deficient in it's analysis of such impacts.
John C. McCullough Grant Beck July 27, 2005 Page 3 Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, BRICKLIN
NEWMAN DOLD, LLP s/Claudia M. Newman Claudia M. Newman CMN:psc cc: Yelm Commerce Group