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Case Number:BLD2008-00117 |
Case Status:Finaled |
Date Received:3/27/2008 |
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Description:Stormwater w/SEPA: Stormwater Permit with SEPA: 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 211.5 acres and is designated a Mineral Resource Overlay District (MRL).
The current proposal by FHM is to add 10 acres of additional mineral extraction area (pit area), adjacent to the Shine Hub. These areas would be comprised of two 5-acre segments (V & W). This would bring the total area to 221.5 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 R, S, T, & U where a good deposit of gravel had been located. This area is located behind a berm south of the Shine Hub. The proposed expansion (Segments V & W) are located north of Segments R, S, T, & U (see Reclamation Sequence Map). The extraction would start at the west boundary of the existing Shine Pit and continue eastward through two reclamation segments of approximately 5 acres each. The mining will utilize the cut-to-grade method. The grade of the mining slopes will "daylight" at the edge of the boundary of the new mining area, without a reclamation setback. The maximum depth of mining within this expansion will be approximately 50 feet. The finished floor of the mine will have a vertical separation of more than 100 feet above the seasonal high groundwater table (see cross sectional map for more details). Final reclamation will be done in a manner to emulate the natural sinuous lopes of the surrounding terrain. The final floor and finished slopes of the mine will be contoured to vary in elevation and be graded to naturally sweep into adjacent terrain. 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 V & W) south of the Shine Hub would be reclaimed by winter of 2008 (per the Reclamation Sequence Map).
The Wahl Extraction area (approved through MLA03-377 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 referenced 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:10/21/2008 |
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Applicant: POPE RESOURCES |
Expiration Date:10/21/2009 12:00:00 AM |
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Site Address:WAHL LAKE RD |
Case Finaled:5/1/2017 |
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Parcel No:721062001
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Description:
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Close Case "F"
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Date Completed:
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5/1/2017
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Disposition:
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DONE
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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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Approve Permit-UF
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Date Completed:
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10/21/2008
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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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10/21/2008
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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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10/21/2008
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Disposition:
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DONE
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Description:
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Miscellaneous Action
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Date Completed:
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9/30/2008
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Disposition:
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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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9/18/2008
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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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9/18/2008
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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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5/22/2008
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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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5/22/2008
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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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5/22/2008
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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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3/28/2008
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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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10/20/2008
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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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9/18/2008
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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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10/21/2008
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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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9/18/2008
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Disposition:
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DONE
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Title:
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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 October 20, 2008 for this proposal.
1. The proposal is for truck transport only. To mitigate the traffic impacts from large vehicles entering onto SR 104 from Rocktogo 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 the DOT letter dated January 28, 2005. The applicant is required to work with the DOT on these improvements at such time when the level of service falls to LOS (E) on Rocktogo Road (a private forestry service road). The LOS levels would be based on specific annual traffic analysis data that will be performed to the specifications stated in the DOT letter dated February 8, 2005.
2. If contamination is currently known or observed during construction or removal (placement), sampling of the potentially contaminated media shall be collected. If contamination of soil or groundwater is readily visible, or is revealed by sampling, Ecology shall be notified. Contact the Environmental Report Tracking System Coordinator at the Southwest Regional Office at 360-407-6300. For assistance and information about subsequent cleanup and to identify the type of testing that will be required contact Mr. Chuck Cline. If contamination is identified, this issue may be referred to Jefferson County Health Department as a solid waste concern.
3. Prior to the removal of material from the Wahl Extraction Area, FHM shall implement recommendations from the Lighting and Glare Analysis prepared by Sparling, Inc. (June 2003; Appendix I). This shall include replacing the existing high wattage floodlights located at the vehicle scales, maintenance building and portable trailers with cutoff floodlights that have extended visors attached to the front of the floodlight. The individual pole mounted floodlight at the operations area shall be replaced with a shielded floodlight. The area light at the on-site residence should be replaced with full cut-off luminaries.
The following non-SEPA related conditions of approval are incorporated into this permit. The authority to regulate is listed in parentheses().
4. 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 JCC).
5. 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).
6. The expansion permit is for mining (extraction of aggragate only). The expansion permit and existing operation shall comply with the requirements, conditions and Best Management Practices of the:
a. Washington State Department of Natural Resources Reclamation Permit No. 70-011936;
b. Wahsington State Department of Ecology NPDES Sand and Graval General Permit No. WAG 50-1120; and
c. Olympic Region Clean Air Agency Permits.
On-going reclamation of each segment shall be concurrent wit hthe removal of the minerals, as recommended by WDNR (October 8, 2008 letter). Incompliance with the approved plans of WDNR, including final elevation of finished floor grades, extraction shall remain above the seasonal high water table.
The proposal shall also conform with the Stormw
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Title:
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F-FOREST MANAGEMENT
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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 FPAs that do 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 Jefferson County Code (JCC) 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).
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 Land Designation, where mineral extraction is a permitted yes 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 four recent permits: 10-acre expansion - MLA04-0549, Segments J & K; 10-acre expansion - MLA05-0630, Segments L & M; 20-acre expansion - MLA06-0384, Segments N, O, P, & Q; 20-acre expansion - MLA07-0480, Segments R, S, T, & U); and this proposed application of a 20 acre expansion - MLA08-0154, Segments V & W. The four expansion applications mentioned total 211.5 acres and the fifth expansion (MLA08-0154) will bring the total to 221.5 acres.
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 10 acres or less of disturbed area.
A previous mining proposal (MLA06-0384) to add 20 acres of mining area (Segments N, O, P, & Q) adjacent to the Shine Hub was approved by Jefferson County on September 26, 2006. 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 in the process of being reclaimed.
Approximately 126.2 acres of the mining area through the previous expansions are in various stages of reclamation. The 20-acre area (Segments N, O, P, & Q) authorized by MLA06-0384 are 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 MLA04-0549.
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 5 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) Ap
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Title:
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F-HISTORY
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Wording
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A mining proposal (MLA06-0384) for a 20 acre pit expansion was approved on September 28, 2006. This was for Segments N, O, P, & Q where FHM is currently extracting sand & gravel. A previous mining proposal (MLA05-0630) to add 10 acres of mining area (Segments L & M) adjacent to the Shine Hub was approved by Jefferson County on December 29, 2005. 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 126.2 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 (MLA03-0377) that was approved by Jefferson County on July 19, 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 one mile west of the Shine Hub.
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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 (BLD08-00117) and Preliminary Threshold Determination for a Determination of Non-Significance (DNS) utilizing the optional process (WAC 197-11-355) was published in the Sepetmber 24, 2008 edition of the Jefferson County Port Townsend Leader. The property was posted on September 23, 2008.
On September 23, 2008 notice was 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 October 9, 2008 that the DOE Sand & Gravel Permit should address stormwater issues related to the proposal. The second comment was via a telephone conversation with Sonya of the Department of Ecology on October 20, 2008 regarding their comment letter dated October 3, 2007 for MLA07-0480 and if they had the same comments for this application. This letter addressed issues related to contamination of soils and toxic cleanup process. 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 October 20, 2008. The Final Threshold Determination of a Mitigated Determination of Non-Significance (MDNS) is incorporated into this decision. The mitigation measures are listed as conditions of approval of this Stormwater Permit.
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 a Judicial Appeal as specified by Section 18.40.340 of the JCC.
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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 mAY 22, 2008 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: Fish & Wildlife (Heritage Great Blue Heron & Osprey); Susceptible Aquifer Recharge Area.
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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 (ZON98-41) within the 151.5 acre mineral extraction and processing area, which was issued by Jefferson County DCD on June 1, 1999.
Jefferson County issued a Final Mitigation Determination of Non-Significance for extraction ares R, S, T, U, V & W on October 20, 2008. (See case files MLA07-0480 & MLA08-0154 for complete copy of SEPA FMDNS memo).
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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 (BLD08-00117) on February 1, 2008 have been reviewed for consistency under the JCC, and have been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated October 20, 2008 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 10 acre mineral extraction (Segments V & W) with 5 acres or less 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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