Response Letter to Neighbor Opposition Letter

GAMMAGE & BURNHAM, PLC
ATTORNEYS AT LAW
40 NORTH CENTRAL AVENUE
20TH FLOOR
PHOENIX, ARIZONA 85004
TELEPHONE (602) 256-0566
FACSIMILE (602) 256-4475
___________________
Dennis M. Newcombe
Direct: (602) 256-4446
E-Mail Address: dnewcombe@gblaw.com
September 15, 2026
Via U.S. Mail
Dan McRoskey, President
MCR Scottsdale, LLC
10531 4S Commons Drive Suite 166-662
San Diego, California 92127
Re: Terrible’s Convenience Store & Fueling Station; ZON25-00895.
Dear Mr. McRoskey:
The City of Mesa has forwarded a copy of your letter of September 4 to our client, Terrible
Herbst, Inc. (“THI”). Thank you for sharing your comments regarding our proposed fueling facility
at 1432 S. Crismon Road. We also want to acknowledge the environmental information you
provided with your comments, including your property’s 2022 Phase I Environmental Site
Assessment.
While gas stations are a routinely allowed use in the City’s Limited Commercial District, as
you might imagine, these days the underground storage tanks for such fueling facilities are closely
regulated. THI takes environmental compliance and the safe operation of its fueling facilities
seriously. As part of the development of this site, THI will take all measures required to ensure that
the station is designed, permitted, constructed, operated, monitored, and maintained in compliance
with all applicable federal, state, and local environmental laws, regulations, permitting requirements,
and industry standards. This includes compliance with all applicable requirements governing
underground storage tanks and associated fueling equipment, including required containment, leak-
detection and monitoring systems, testing and inspection protocols, and appropriate response
procedures. THI will work with the appropriate regulatory agencies and its qualified engineering
and environmental professionals throughout the development and operation of the facility to ensure
that all applicable requirements are satisfied and that any site-specific conditions are appropriately
addressed.

Dan McRoskey, President
MCR Scottsdale, LLC
September 15, 2026
Page 2 of 2
___________________________
THI believes these regulatory, engineering, monitoring, and operational safeguards
appropriately address the environmental considerations associated with the proposed fueling facility
and will ensure that the station is operated responsibly and in a manner that protects the surrounding
properties.
We are looking forward to being a neighbor to the Dutch Bros on your property. Please feel
free to contact us via letter, e-mail, or phone with any additional comments or questions regarding
our proposal.
Very truly yours,
GAMMAGE AND BURNHAM, PLC
Dennis M. Newcombe
Dennis M. Newcombe
Senior Land Use Planner
cc: Chloe Durfee Daniel (chloe.durfeedaniel@mesa.az.gov)