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Case Number:BLD2006-00398 |
Case Status: |
Date Received:7/12/2006 |
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Description:Fred Hill Material Inc. (FHM) leases from Pope Resources who owns the 72,000 acre Hood Canal Tree Farm. FHM mineral extraction and processing areas (referred to as the Shine Hub) totals 151.5 acres and is designated a Mineral Resource Overlay District (MRL).
The current proposal by FHM is to add 20 acres of additional mineral extraction area (pit area), adjacent to the Shine Hub. These areas would be comprised of four 5 acre segments (N, O, P, & Q). This would bring the total area to 191.5 acres currently regulated under a DNR Reclamation permit. This area has been logged by Pope Resources through Forest Practice Application (FPA). The additional pit area is located in a Commercial Forest designation, where mining is a permitted activity provided that no more than 10 acres is disturbed at any one time. Disturbed area is defined by RCW 78.44.031(5) and is determined by the WA State Department of Natural Resources through their Reclamation Permit.
The current mineral extraction is occurring in Segments L & M (approved through MLA 05-630 on December 29, 2005), where a good deposit of gravel has been located. This area is located behind a berm south of the Shine Hub. The proposed expansion (Segments N,O,P,& Q) are located southwest of Segments L & M(see Reclamation Sequence Map). There is a large ridge located to the south and east of this area. The extraction would start from the east and proceed from north to south. The maximum depth of mining within the proposed expansion would be approximately 50 feet. The finished floor of the mine will have a vertical separation of over 100 feet from the seasonal high groundwater table (see cross sectional map for more details). After the area is mined stored topsoil would be spread over the area, forest debris spread over the area, a cover crop established, and then replanted with Douglas Fir for the subsequent use for timber production. It is anticipated that all of the mineral extraction (segments L,M,N,O,P& Q) south of the Shine Hub would be reclaimed in by December 2007 (per the Reclamation Sequence Map).
The Wahl Extraction area (approved through MLA 03-377 on July 18, 2005) is located near Thorndyke Creek and its unnamed Tributary. The applicant has indicated that they are not seeking to mine within the Wahl Extraction Area at the present time because they want to obtain base line surface and groundwater monitoring data before mineral extraction occurs. This will help ensure that the impacts associated with mineral extraction can be separated from the natural hydraulic conditions
Jefferson County has a Stormwater Permit to review and is the lead agency for the environmental review of the proposal under SEPA. Jefferson County is issuing a MDNS for this proposal.
The threshold determination for this proposal incorporates the Final Modified MDNS issued for Ace Paving Conditional Use Application (ZON 98-41) within the 144 acre mineral extraction and processing area, which was issued by Jefferson County DCD on June 1, 1999. Documents reference in this notice are available the Jefferson County DCD during office hours.
The applicant will require an amended WA State DNR Reclamation Permit and an amended NPDES General Sand and Gravel permit from the WA State Department of Ecology.
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Date Issued:9/26/2006 |
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Applicant: POPE RESOURCES |
Expiration Date:9/26/2007 12:00:00 AM |
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Site Address:WAHL LAKE RD |
Case Finaled: |
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Parcel No:721062001
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Description:
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Inspection Reminder Sent (2nd)
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Date Completed:
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3/31/2017
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Disposition:
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Description:
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Inspection Reminder Sent (1st)
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Date Completed:
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3/31/2017
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Disposition:
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Description:
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Issue Building Permit (F)
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Description:
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Issue Building Permit (F)
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Description:
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Approve Permit-UF
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Description:
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Review Complete-U
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Description:
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Ntc of App +14-Publish-U
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Date Completed:
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8/14/2006
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Disposition:
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DONE
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Description:
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Ntc of App +14-APO-U
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Date Completed:
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8/14/2006
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Disposition:
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DONE
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Description:
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Det. of Completeness-UF
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Date Completed:
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8/14/2006
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Disposition:
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DONE
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Description:
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App Substantially Complete-U
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Date Completed:
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8/12/2006
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Disposition:
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DONE
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Description:
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Case Entered
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Date Completed:
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7/14/2006
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Disposition:
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Description:
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Stormwater Review-U
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Description:
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Env. Sensitive Area Review-U
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Description:
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Consistency Review-U
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Description:
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RAP Review Complete-U
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Date Completed:
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9/26/2006
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Disposition:
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DONE
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Title:
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C-CONDITIONS OF APPROVAL
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Wording
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Based upon the documents admitted into the record, and the above Findings of Fact and Conclusions of Law, it is hereby the decision of the Administrator that the Stormwater Permit application by Fred Hill Material Inc. be APPROVED subject to the following conditions:
The following conditions are incorporated into this permit from the MDNS issued on September 26, 2006 for this proposal.
1. This proposal is for truck transport only. To mitigate the traffic impacts from large vehicles entering onto SR 104 from Rock-to-Go Road, and to maintain the safety and operation of SR 104, transportation improvements will be required. These improvements include a 500-foot center refuge lane and a 12-foot acceleration lane for eastbound SR 104 as specified in WDOT letter dated January 28, 2005. These improvements would be required by 2009 or when level of service falls to LOS (E) on Rock-to-Go Road (a private forestry service road), whichever comes first. The LOS levels would be based on specific annual traffic analysis data that will be performed to the specifications stated in the WDOT letter dated February 8, 2005.
2. "Fred Hill Materials has an application for a Ground Water Right on file with Ecology's Water Resources Program. The environmental checklist indicates that the proposed acreage to be added to the gravel pit will not result in groundwater withdrawals in excess of 5,000 gallons per day for the entire project. However, although Ecology has requested Fred Hill's metering records for confirmation of its water use, the records were never received by our office. Due to inquires received from concerned citizens, we request that Fred Hill Materials promptly forward metering records to Vicki Cline of the Enforcement Unit at Ecology's SWRO Water Resources Program."
3. The following non-SEPA related conditions of approval are incorporated into this permit. The authority to regulate is listed in parentheses().
a. The proposal shall have a water truck on-site to control dust from the mineral extraction areas. The operator shall ensure that mineral extraction will be done in a manner that will ensure that dust from the mineral extraction does not leave the land owner's properties and impact adjacent land owners. (Authority- Sections 18.20.240(2) (c), (f), & (g) of the JCC).
b. Reclaimed areas associated with this proposal shall have slopes ranging from 2:1 to 3:1 (horizontal to vertical). Final contours shall be in compliance with the DNR Reclamation Plan. (Authority-application and Section 18.20.240(2)(e) of JCC).
c. This proposal shall conform with the Stormwater Drainage Report prepared by Team 4 Engineering dated October 25, 2005.
Runoff from the mineral extraction and processing areas shall be retained on-site and shall obtain an updated/amended Sand and Gravel Permit (WAG 50-1237) from the WA State Department of Ecology. (Authority-application & Sections 18.20.240(2)(c) & 18.30.070 of JCC).
d. Topsoil, slash and root wads shall be placed on the final slopes as soon as practical after final grading. These measures should ensure that erosion from wind or rain does not occur. (Authority-application & Sections 18.20.240(2)(c) & 18.30.070 of JCC).
e. To ensure that the proposal does not exceed 10 acres of disturbed area, the applicant is required to submit a report prior to mining within Segments N,O,P,&Q and/or December 31, 2006 and bi-annually thereafter that includes documentation of the amount of disturbed and reclaimed areas within Segments L, M, N, O, P, & Q to Jefferson County. This documentation shall be in the form of a survey or GIS points. Once an area is reclaimed to DNR's specification no additional reports will be required for the reclaimed area. (Authority- Section 18.20.240(1)(b) of JCC).
f. All outdoor and security lights shall be focused downward to avoid glare onto surrounding areas. (Authority- Sections 18.20.240(2)(c)&(g), and 18.30.140 (lighting) of JCC).
g. The pr
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Title:
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F-FOREST MANAGMENT
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Wording
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Trees have recently been harvested by Pope Resources for this proposed mineral extraction area through a FPA (Forest Practices Application), which is required to meet the requirements of WAC 222 - Forest Practice Rules. It is anticipated that the proposed mineral extraction area would be mined for approximately one year; at that time, reclamation would occur. Provided that a harvested area has been replanted with trees within three years, then that area is not considered converted from timber use and may be processed through a Class III FPA. Jefferson County has limited authority to regulate FPA that does not involve a conversion to non-forestry use or is not adjacent to shorelines of statewide significance.
If an activity would result in trees being removed and the area not reforested within three years, then this activity would be considered a "conversion," since the area is not reforested in the required timeframe for a FPA. The County is provided additional authority over conversions to non-forestry use and ensures that conversions meet all JCC requirements (such as Environmentally Sensitive Areas, performance & development standards). After the County's review is completed, the conversion is implemented through a Class IV General FPA processed through WA State DNR.
Mineral extraction is a use that is consistent with forestry use as outlined in the Jefferson County Comprehensive Plan. The Unified Development Code is the implementing development regulation for the Comprehensive Plan, which states that mining is a permitted use in Commercial Forest Designations with a MRL. The subsequent use of the area to be mined is timber production with other uses allowed in the underlying Commercial Forest Designation.
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Title:
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F-MINING PERFORMANCE STANDARDS
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Wording
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Mineral Extraction and Processing Performance Standards (18.20.240 of the Jefferson County Code (JCC) This section was formally referred as Section 4.24 of UDC).
Section 18.20.240 of JCC
(1)In addition to meeting all other applicable requirements of this code, including this section, all new mineral extraction and mineral processing activities located outside of an approved mineral resource land (MRL) overlay district designation (as specified in Article VI-C of Chapter 18.15 JCC) shall be subject to the following standards:
(a)New mineral extraction and mineral processing activities in rural residential districts shall require a conditional use permit subject to a Type III permit approval process.
STAFF COMMENT: This proposal is located within the Commercial Forest Designation, where mineral extraction is a permitted use.
(b)The total disturbed area of mineral extraction, mining and quarrying sites (excluding access roads) and any associated mineral processing activities shall not exceed 10 acres. Any proposed mineral extraction which would create disturbed areas in excess of 10 gross acres shall require an MRL designation in accordance with Article VI-C of Chapter 18.15 JCC.
STAFF COMMENT: The existing Shine Hub area is 151.5 acres in size and is comprised of mineral extraction and processing areas. This area is designated a MRL, and is not subject to this requirement. The above referenced MRL area does not include the three recent permits (10 acre expansion - MLA 04-549; 10 acre expansion - MLA 05-630; and 20 acre expansion - MLA 06-384 (this proposal).
Although the term "disturbed area" is defined by RCW 78.44.031(5) of the Surface Mining Act, the 10-acre limit on disturbed area is a requirement of the JCC and is administered by DCD. The proposed 10 acre mineral extraction proposal is located outside of an area designated a MRL. Mining operations located outside of MRL are limited to less than10 acres of disturbed area.
A previous mining proposal (MLA 04-549) to add 10 acres of mining area (Segments I, J & K) adjacent to the Shine Hub was approved by Jefferson County on November 19, 2004. It became apparent once mineral extraction was started that this area did not have the desired gravel needed to meet the applicant's needs and this area is the process of being reclaimed.
Approximately 102 acres of mining area is currently in various stages of reclamation. The previous 10-acre area authorized by MLA 04-549 is being reclaimed, as evidenced by the placement of topsoil, slash and root wads over the area, which is ready for the planting of trees. This area is no longer being utilized for mineral extraction, processing, or any mining related activity. In addition, based on the location of the gravel resources, the proposed mineral extraction area sought by this application is not located adjacent to the MLA 04-549.
Based on the above this proposal does not violate Section 18.20.240(1)(b) of the JCC.
(2)The following standards apply to all surface mining and reclamation activities:
(a)All surface extraction shall be performed in full compliance with the Washington State Surface Mining Act (Chapter 78.44 RCW). Other extraction must conform with all applicable Washington State laws.
STAFF COMMENT: This standard requires all mineral extraction to comply with the RCW 78.44. This proposed mineral extraction area would have a maximum of 20 acres disturbed at any one time. The disturbed area would be comprised of mineral extraction area only since all of the processing and stockpiling would be occurring within the existing 151.5-acre Shine Hub that is a MRL.
(b)Applications for development permits for extraction shall be accompanied by a report prepared by a professional geologist which shall include at least the following information:
(i)Types of materials present on the site;
(ii)Quantity and quality of each material;
(iii)Lateral extent of deposit(s);
(iv)Depth of deposit
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Title:
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F-HISTORY
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Wording
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A mining proposal (MLA 05-630) for a 10 acre pit expansion was approved on December 29, 2005. This was for Segments L & M, where FHM is currently extracting sand & gravel. A previous mining proposal (MLA 04-549) to add 10 acres of mining area (Segments I, J & K) adjacent to the Shine Hub was approved by Jefferson County on November 19, 2004. It became apparent once mineral extraction was started that this area did not have the desired gravel needed to meet the applicant's needs and this area is no longer being utilized for mineral extraction. Currently approximately 102 acres of mining area is in various stages of reclamation.
This proposed additional mineral extraction area will provide a source of material for FHM operation until mineral extraction is undertaken within the Wahl Extraction Area (MLA 03-377) that was approved by Jefferson County on July 18, 2005. The approved proposal was for 37.9 acres of mining area and included a Mitigated Determination of Non-Significance (MDNS) issued by Jefferson County on June 22, 2005. The MDNS addressed impacts of mining area within the 165 acres of the Wahl Extraction Area, the first area to be mined. Additional mining segments will require a stormwater permit with environmental review from Jefferson County.
The Wahl Extraction Area is located within the 690 acre Mineral Resource Overlay District adopted through Ordinance 08-0706-04 on July 6, 2004. The 690 acre MRL area is located approximately 1 mile west of the Shine Hub.
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Title:
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F-SEPA REQUIRED
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Wording
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Because this proposal entails over 500 cubic yards of material, this proposal is subject to the State Environmental Policy Act. An environmental checklist was submitted with this proposal. The threshold determination for this proposal incorporates the Final Modified MDNS issued for Ace Paving Conditional Use Application (ZON 98-41) within the 151.5 acre mineral extraction and processing area, which was issued by Jefferson County DCD on June 1, 1999.
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Title:
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F-Confirmed ESAs
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Wording
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The application was reviewed by the Jefferson County Department of Community Development staff on 8/14/06 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the 18.15.185 of the Jefferson County Code (JCC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: 1) Fish & Wildlife (Heritage Great Blue Heron & Osprey); 2) Susceptible Aquifer Recharge Area.
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Title:
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F-MDNS, NOTICE & COMMENTS
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Wording
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SEPA Reviewed under the State Environmental Policy Act (SEPA) by Jefferson County acting as lead agency. Notice of Type I Land Use Application (BLD06-00398) and Preliminary Threshold Determination for a Determination of Non-Significance (DNS) utilizing the optional process (WAC 197-11-355) was published in the August 16, 2006 edition of the Jefferson County Port Townsend Leader. The property was posted on August 16, 2006.
On August 15, 2006 notice sent to agencies, the applicant/representative, and surrounding landowners.
Two comments were received from agencies. Jim Pearson, Jefferson County Public Works, provided a comment dated 8/16/06 that the DOE Sand & Gravel Permit should address stormwater issues related to the proposal. The second comment was received from the Washington Department of Ecology dated August 30, 2006. This letter addressed issues related to submitting documentation of the water usage of the existing well located on-site that serves the Shine Hub & associated mineral extraction. This mitigation measure has been incorporated into the Final Threshold Determination of a Mitigated Determination of Non-Significance (MDNS) as outlined in the SEPA Memo dated September 26, 2006. The Final Threshold Determination of a Mitigated Determination of Non-Significance (MDNS) is incorporated into this decision. This mitigation measure is listed as a condition of approval of this Stormwater Permit.
Three other comments were received regarding the proposal.
Larry Mayes provided an e-mail dated 8/22/06 that brought up primarily three issues: 1)Why this proposal was needed; (2) Whether this proposal is related to the pit-to-pier;(3) Whether this proposal violates the 10 acre limited on disturbed area outside of the a MRL.
STAFF COMMENT: 1). Issues to why the applicant is proposing to mine adjacent to the Shine Hub instead of the within the Wahl Area are addressed in the project description of this proposal. 2). This proposal would serve local areas and would be truck based only. This proposal would not increase the quantity of material being trucked out of the Shine Hub facility. This proposal would only change the area where the material is being extracted. 3). Issues related to the limit of 10 acres of disturbed area are addressed in the Mineral Extraction & Processing Performance Section of this permit. This is specifically addressed in Section 18.20.240(1)(b) of this permit and through Condition of Approval Number 3(e).
The Hood Canal Coalition provided a comment letter dated August 30, 2006. This letter focused on the issue that the traffic study required for the Wahl Extraction Area (approved through MLA 03-377 on July 18, 2005) should be completed prior to the processing of this permit. This is based on traffic related concerns related to the existing conditions from FHM Shine Hub operation on the intersection of Rock-to-Go Road and SR 104.
STAFF COMMENT: See Transportation Section of the SEPA Memo dated September 26, 2006 and Condition of Approval 1.
Frank Kelley, provided an e-mail dated August 30, 2006 that had three primary issues. 1). Questioning why processing activity at FHM Shine Hub has been allow to intensify. 2). The transportation study required as part of the Wahl proposal need to be submitted; 3). That the 10 acre limit on disturbed area is being violated.
STAFF COMMENT: 1). This issue regarding the permitting and history of the Shine Hub was addressed in the SEPA Memo dated March 30, 2005 that provides the rationale for the Threshold Determination of a MDNS for the mineral extraction proposal within the Wahl Extraction Area (MLA 03-377). 2). See Transportation Section of the SEPA Memo dated September 26, 2006 and Condition of Approval 1. 3). See response to Larry Mayes e-mail above.
There is no Administrative Appeal process under the JCC for Type I permit as specified by Sections 18.40.260 & 18.40.810(1) of the JCC. Appeal of a Type I permit requires
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Title:
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F-Site Plan Changes
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Wording
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The site plans submitted with the stormwater permit (BLD 06-398) on July 12, 2006 has been reviewed for consistency under the JCC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated September 26, 2006 shall be resubmitted for review and approval by Jefferson County Department of Community Development.
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Title:
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F-Approval for _____ Only
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Wording
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This approval is for a 20 acre mineral extraction (segments N,O,P, & Q) with less that than 10 acres disturbed at any one time only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits.
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