Permit Case Summary

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Case Number:BLD2009-00368	Case Status:Finaled	Date Received:10/28/2009
Description:Stormwater Permit with SEPA: The proposal is a 24.7-acre expansion of Miles Sand and Gravel Company's Shine Facility. The expansion is comprised of Reclamation Segments Z1 (10 acres), Z2 (10 acres) and Z3 (4.7 acres). Sand and gravel will be extracted from this new acreage and then conveyed to existing facilities for processing. Native material will be utilized to finish ground slopes in preparation for reclamation. The cut and fill method will be used at this site. Final grades will have a 2.5:1 (40%) average slope at mining boundaries. West Shine Creek, approximately 0.75 miles east and some 200-feet lower than the acreage proposed, flows into Squamish Harbor, which lies approximately 1 mile east of the proposed expansion area. Pheasant Lake is approximately 0.75 miles southwest of the proposed expansion, Mud Lake lies approximately 0.60 miles south of the proposed expansion and Twin Lakes is approximately 0.40 miles west of the proposed expansion. Depending on market demands, mining operators and aggregate truck operators at the Shine Facility, process and haul sand and gravel upwards to 24 hours a day, 7 days per week. Noise is generated by mining and processing equipment (i.e. loaders, bulldozers, rock crushers, wash plants, conveyors and other equipment) and haul trucks. A study of the noise level generated by the Shine Facility operations and received by the neighboring properties was done in October 2002 (Environalysis 2002). A supplemental study was done in 2004 when a new rock crusher was added to the operation (Environalysis 2004). Both studies confirmed that the operations at the Shine Pit (including extraction) do not exceed the Washington State Department of Ecology Noise Standards as adopted by Jefferson County Unified Development Code (UD) during any time of the day, night or weekend. A 48-hour Noise Monitoring study was conducted from June 27-29, 2006 (Environalysis, 2006). This study re-confirmed acceptable noise levels within the pit and therefore, implicitly on Shine and South Point Roads. Moving to this proposed mining area will not create noise not already generated by existing operations. Because of the location and surrounding topography of the proposed mining area, what noise (if any) neighboring properties receive from current mining extraction activities will likely be lowered. Miles is currently working under Department of Ecology (DOE) San and Gravel Permit No. WAG 50-1120. This stormwater report covers a further expansion to Miles' Department of Natural Resources (DNR) Reclamation Permit, as required by DOE. As of May 2000, permit coverage was extended to Ace Paving Company for an asphalt batch plant located adjacent to and subleased from Miles. Ace Paving Company has subsequently received a separate permit, WAG 50-1237. Both Ace Paving and Miles will continue to monitor discharges from the Ace Paving portion of the permitted site. Stormwater generated within the Ace Paving permit area is discharged to process water ponds for the mining operation and is ultimately discharged to the northerly infiltration pond where infiltration to groundwater occurs. Miles monitors all discharges to groundwater that result from mining operations. All Stormwater generated on-site is infiltrated to groundwater per the existing permit. No discharge to surface water is anticipated at this project location. Type 1 Stormwater, generated off-site to the west, is also infiltrated on-site. Type 2 Stormwater from the actively mined portion of the project is infiltrated within the excavation area. Grading in the active mining area prevents stormwater from leaving the site, allowing infiltration for the entire area of exposed soils within the excavation area. Type 2 Stormwater from stockpile areas is intercepted and directed to the infiltration areas. Stormwater quality enhancement treats Type 3 Stormwater from the impervious areas surrounding the operations facilities. A sedimentatio	Date Issued:4/22/2010
Applicant: MILES SAND & GRAVEL CO	Expiration Date:4/22/2011 12:00:00 AM
Site Address:9868 HWY 104	Case Finaled:5/1/2017
Parcel No:721062001	Other Cases	Parcel Data	Map It	More Details	Parcels	Images

Case Actions

Below is a list of actions that have been taken by staff for this permit case. They are sorted based on the date they were added to the database with most recent actions at the top. A value in the "Date Completed" field indicates that the action has been completed.

Description: Close Case "F" Date Completed: 5/1/2017 Disposition: DONE

Description: Inspection Reminder Sent (2nd) Date Completed: 3/31/2017 Disposition:

Description: Inspection Reminder Sent (1st) Date Completed: 3/31/2017 Disposition:

Description: Approve Permit-UF Date Completed: 4/22/2010 Disposition: DONE

Description: Issue Building Permit (F) Date Completed: 4/22/2010 Disposition: DONE

Description: Review Complete-U Date Completed: 4/22/2010 Disposition: DONE

Description: Det. of Completeness-UF Date Completed: 11/10/2009 Disposition: DONE

Description: Ntc of App +14-Publish-U Date Completed: 11/10/2009 Disposition: DONE

Description: Ntc of App +14-APO-U Date Completed: 11/10/2009 Disposition: DONE

Description: App Substantially Complete-U Date Completed: 11/3/2009 Disposition: DONE

Description: Case Entered Date Completed: 10/28/2009 Disposition:

Description: Stormwater Review-U Date Completed: 4/21/2010 Disposition: DONE

Description: Env. Sensitive Area Review-U Date Completed: 4/22/2010 Disposition: DONE

Description: Consistency Review-U Date Completed: 4/22/2010 Disposition: DONE

Description: RAP Review Complete-U Date Completed: 11/10/2009 Disposition: DONE

Case Conditions

Below is a list of conditions for this permit case. Conditions typically record requirements that the applicant must meet to be in compliance with the permit.

Title: C-CONDITIONS OF APPROVAL Wording 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 Miles Sand & Gravel Company be APPROVED subject to the following conditions: The following conditions are incorporated into this permit from the MDNS issued on April 22, 2010 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. DOT submitted a letter dated March 30, 2009 stating the improvements can be postponed for another five years until the year 2014 since extraction in the Wahl area has not yet commenced. The same conditions will remain that a center refuge lane and right out acceleration lane will be triggered when: WSDOT left turn lane warrants are met, or The LOS fails to LOS E or worse, or It is the year 2014 (formally required by the year 2009) 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, Miles Sand & Gravel 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. 4. Visual inspections of all Erosion and Sedimentation Control BMPs shall be conducted at least every seven days. BMPs shall also be inspected after any stormwater event that results in greater than 0.5 inches of rainfall within a 24-hour period. An inspection log shall be maintained which includes the date, the name of the observer and any pertinent observations. 5. The procedures in the Unanticipated Cultural Resources Discovery Plan (Appendix C of the Cultural Resources Survey Technical Memorandum and Unanticipated Discovery Plan dated March 11, 2010, prepared by GeoEngineers) must be followed in the event that cultural resources and/or human remains are identified. The following non-SEPA related conditions of approval are incorporated into this permit. The authority to regulate is listed in parentheses (). 6. 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

Case Findings

Below is a list of findings for this permit case. Findings typically record facts that the staff are using as the basis of their permit processing decisions.

Title: F-FOREST MANAGEMENT Wording 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.

Title: F-MINING PERFORMANCE STANDARDS Wording 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 six 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; 10-acre expansion - MLA08-0154, Segments V & W; and 10-acre expansion - MLA09-0090, Segments X & Y. The six expansion applications mentioned total 231.5 acres and the seventh expansion of 24.7-acres, MLA09-0365, Segments Z1, Z2, & Z3) will bring the total to 256.2 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. Approximately 163 acres of the mining area through the previous expansions are in various stages of reclamation. The 10-acre area (Segments V & W) authorized by MLA08-0154 has been reclaimed and ready for planting. The 20-acre area (Segments R, S, T, & U) authorized by MLA07-0480 has been reclaimed and 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 to 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 235.1-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 who 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); (i

Title: F-SITE PLAN CHANGES Wording The site plans submitted with the stormwater permit (BLD09-00368) on October 28, 2009 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 April 22, 2010 shall be resubmitted for review and approval by Jefferson County Department of Community Development.

Title: F-HISTORY Wording In early 2010, Miles Sand & Gravel acquired Fred Hill Materials' lease from Pope Resources (property owner) for all extractions involving trucking of material out of the Shine Hub and Wahl Lake areas. The current proposal is for a 24.7-acre expansion (Segments Z1, Z2, & Z3) for mineral extraction to provide a source of material for Miles Sand & Gravel's 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. Previous mining proposals include the following county permits: MLA09-0090 for a 10 acre pit expansion was approved on October 21, 2009 for Segments V & W. MLA08-0154 for a 10 acre pit expansion approved on May 5, 2009 for Segments X & Y. MLA07-0480 for a 20 acre pit expansion approved on October 20, 2008 for Segments R, S, T, & U. MLA06-0384 for a 20 acre pit expansion approved on September 28, 2006 for Segments N, O, P, & Q. 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 133 acres of mining area is in various stages of reclamation.

Title: F-SEPA REQUIRED Wording 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 areas Z1, Z2, & Z3 on April 22, 2010. (See case files MLA09-0365 for complete copy of SEPA FMDNS memo).

Title: F-MDSN, NOTICE & COMMENTS Wording SEPA Reviewed under the State Environmental Policy Act (SEPA) by Jefferson County acting as lead agency. Notice of Type I Land Use Application (BLD09-00368) and Preliminary Threshold Determination for a Determination of Non-Significance (DNS) utilizing the optional process (WAC 197-11-355) was published in the November 18, 2009 edition of the Jefferson County Port Townsend Leader. The property was posted on November 17, 2009. On November 10, 2009 notice was sent to agencies, the applicant/representative, and parties of interest. No comments were received from interested parties. Four comments were received from agencies. Jim Pearson, Jefferson County Public Works, provided a written comment dated November 20, 2009 that the DOE Sand & Gravel Permit, the Reclamation Permit and State agency oversight of these activities will address any potential stormwater issues related to the proposal. The second written comment dated November 24, 2009 from the Jamestown S'Klallam Tribe requested a Cultural Resource survey be prepared prior to any ground disturbance. The third written comment dated December 1, 2009 from DOE stated notice of construction approval for the project will be by the Olympic Regional Clean Air Agency. Also stated there is a pending Water Right Application No. G2-28732 on file with DOE under the land owner; Pope Resources and groundwater withdrawal is limited to 5,000 gallons a day until a formal permit decision is issued. The fourth written comment dated December 2, 2009 from the Port Gamble S'Klallam Tribe, Point No Point Treaty Council and the Jamestown S'Klallam Tribe stated the Tribes fundamentally disagree with the piecemeal approach. They are concerned that the proposed expansion of mining activity goes beyond support for the existing operation and is in anticipation of the potential "Pit to Pier" project and are also concerned about mining operations and the cumulative effects on surrounding watersheds. 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.

Title: F-Confirmed ESAs Wording The application was reviewed by the Jefferson County Department of Community Development staff on November 10, 2010 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.

Title: F-Approval for _____ Only Wording This approval is for a 24.7-acre mineral extraction (Segments Z1, Z2, & Z3) 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.