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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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| | |
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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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| | |
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Description:
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| | |
Approve Permit-UF
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Date Completed:
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| | |
12/2/2011
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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:
|
| | |
12/2/2011
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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:
|
| | |
12/2/2011
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Disposition:
|
| | |
DONE
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Description:
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| | |
Ntc of App +14-Publish-U
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Date Completed:
|
| | |
9/23/2011
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Disposition:
|
| | |
DONE
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|
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Description:
|
| | |
Ntc of App +14-APO-U
|
|
Date Completed:
|
| | |
9/23/2011
|
|
Disposition:
|
| | |
DONE
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|
|
Description:
|
| | |
Det. of Completeness-UF
|
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Date Completed:
|
| | |
9/23/2011
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Disposition:
|
| | |
DONE
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Description:
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| | |
App Substantially Complete-U
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Date Completed:
|
| | |
9/23/2011
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Disposition:
|
| | |
DONE
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Description:
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| | |
Case Entered
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|
Date Completed:
|
| | |
6/29/2011
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Disposition:
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| | |
|
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Description:
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| | |
Stormwater Review-U
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Date Completed:
|
| | |
11/7/2011
|
|
Disposition:
|
| | |
DONE
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Description:
|
| | |
Env. Sensitive Area Review-U
|
|
Date Completed:
|
| | |
12/1/2011
|
|
Disposition:
|
| | |
DONE
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|
|
Description:
|
| | |
Consistency Review-U
|
|
Date Completed:
|
| | |
12/1/2011
|
|
Disposition:
|
| | |
DONE
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|
|
Description:
|
| | |
RAP Review Complete-U
|
|
Date Completed:
|
| | |
9/13/2011
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|
Disposition:
|
| | |
DONE
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Title:
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| | |
C-ORD. 09-1213-10 - 15 CONDITIONS
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Wording
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The Comprehensive Plan Amendment (MLA02-00235) for a 690-acre Mineral Resource Land Overlay (MRLO) designation was adopted by the Jefferson County Board of Commissioners through Ordinance 08-0706-04, subject to 15 conditions.
In 2010, Miles Sand & Gravel Company (MS&G) applied for a Comprehensive Plan Amendment (MLA10-00073) to establish an 18-acre MRLO (located at the northeast corner of the Wahl Lake extraction area) that would eventually house a processing concrete/asphalt batch plant, office, maintenance building, etc. in relation to mining within the Wahl Lake MRLO. The Jefferson County Board of Commissioners through Ordinance 08-1213-10 adopted the 18-acre MRLO.
Additionally, through this same Comprehensive Plan Amendment process, MS&G also requested to revise those 15 conditions of Ordinance 08-0706-04 because it was assumed the mining operations would be under the direction of a single operator, Fred Hill Materials who signed a lease with Pope Resources (land owner) on July 11, 2008. Subsequently, Fred Hill Materials assigned this lease to MS&G on April 30, 2009. The Jefferson County Board of Commissioners through Ordinance 09-1213-10 adopted the proposed language revisions subject to the 15 conditions.
This application (MLA11-00146) to revise the sequence of mining is located within the Wahl Lake MRLO and the 15 conditions of Ordinance 09-1213-10 are incorporated into this decision as identified below:
1. Prior to approval and operation of a surface mine in the Wahl Lake or Meridian area of the Thorndyke Tree Farm, the proponent shall submit and satisfy all requirements of the Unified Development Code (UDC) for that area to be mined, including, but not limited to:
a. Protection of environmentally sensitive areas per Section 3:
(i) Mining is prohibited in Fish and wildlife Habitat areas or their buffers.
(ii) Mining is prohibited in Wetlands or their associated buffers.
(iii) Submission of an Aquifer Recharge Area Report, Drainage and Erosion Control Plan, and Grading Plan, the combination of which shall demonstrate that the proposed activities will not cause degradation of groundwater or surface waters.
(iv) Submission of a Habitat Management Plan:
b. Performance standards of Section 4:
(i) Full compliance with the Washington State Surface Mining Act (RCW 78.44) shall be required prior to any mining activity that exceeds 3 acres of disturbed area.
(ii) Extraction report prepared by a professional geologist with elements required pursuant to UDC 4.24.2.a-f.
(a) All extraction and reclamation activities that create a noise dsturbance must take place between 7:00 a.m. and 7:00 p.m.
c. Development standards of section 6:
(i) Stormwater management standards and practices.
(ii) Best Management Practices for drainage and erosion control and sedimentation control.
(iii) Mineral extraction Best Management Practices in Aquifer Recharge Areas.
d. Jefferson County procedures and policies at UDC Section 8 for implementation of the State Environmental Policy Act (SEPA).
e. Any failure to abide by Jefferson County regulations shall be investigated and enforced as provided by the requirements and procedures of Section 10.
2. As a matter of policy, the legal, nonconforming use (i.e., established prior to adoption of the UDC) at the Shine Pit hub of 144 acres (including an existing MRL overlay of 121 acres) shall be subject to operational standards a. and b. upon adoption of a Wahl Lake or Meridian MRL overlay and operational standards c. and d. when (and if) approval is granted through a permit review process for mineral extraction activities in the Wahl Lake or Meridian MRL overlay:
a. The maximum permissible sound level at any and all receiving properties outside of the Thorndyke Tree farm shall be 57 dB(A) between 7:00 a.m. and
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Title:
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| | |
C-SEPA FMDNS CONDITIONS
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Wording
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| | |
SEPA MITIGATIVE MEASURES:
1. The project shall adhere to the Stormwater Pollution Plan dated June 2011 which incorporates BMP's and the revised DOE Sand and Gravel Permit (NPDES) #WAG 50-1120.
2. DOE has a pending Water Right application (No. G2-28732). Until or unless a formal permit decision is issued, groundwater withdrawal is limited to 5,000 gallons a day.
3. Prior to approval and operation of a surface mine in the Wahl Lake MRLO, the proponent shall submit an Extraction report prepared by a professional geologist with elements required pursuant to JCC 18.20.240(2)(b)(i - vi):
(i) Types of materials present on the site:
(ii) Quantity and quality of each material;
(iii) Lateral extent of deposit(s);
(iv) Depth of overburden; and
(v) Method of extraction
4. Prior to approval and operation of a surface mine in the Wahl Lake Mineral Resource Land Overlay (MRLO), the proponent shall submit an Aquifer Recharge Area Report, Drainage and Erosion Control Plan, and Grading Plan, the combination of which shall demonstrate that the proposed activities will not cause degredation of groundwater or surface waters.
5. Mining operations located within a designated Aquifer Recharge Area shall demonstrate that the proposed activities will not cause degradation of the groundwater quality below the standard described in Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington):
a. The proponent shall prepare a Best Management Practices Report pursuant to the criteria explained below, describing how the operators will integrate other necessary and appropriate mitigating measures in the design, installation, and management of the proposed facility or use.
b. The report shall be prepared by, or done under the direction of or designed by, a qualified person with demonstrated expertise in the industry or field as demonstrated by a statement of qualifications and at least three references from parties familiar with common business practices in the subject field or known expertise in the field.
c. The report will identify appropriate BMP's and how they will be employed to prevent degradation of groundwater. Examples of BMP's are available at the DCD Permit Center. All necessary technical data, drawings, calculations, and other information to describe application of the BMP's must be supplied.
d. The report shall identify how the applicant will satisfy the requirements of the Dangerous Waste Regulations, Chapter 173-303 WAC, in the event that hazardous material is released into the ground or groundwater.
e. The Department of Community development and/or a qualified consultant contracted by the County at the applicant's expense shall review the report. The County may consult with the Jefferson County Department of Health and Human Services, State of Washington Departments of Health or Ecology, independent reviewer, or any other parties, as determined at the County's discretion.
6. Establish a written agreement with the County providing that all employees at the mining site will be notified that the operation lies above an Aquifer Recharge Area and all employees shall receive documented annual training concerning all measures set forth the BMP' s established in the reports required above.
7. Mining in Group 3 will be delayed until water monitoring confirms continued mining will not impact Thorndyke Creek or the Unnamed Tributary. Jefferson County requires this report to be submitted, reviewed and approved, prior to any land disturbing activities in this area.
8. Mining operations located within a designated Aquifer Recharge Area shall at all times comply with Olympic Air Pollution Control Authority/Olympic Regional Clean Air Agency permit requirements. Prior to operation, the proponent shall submit documentation from Olympic Air Pollution Control/Olympic Region Clean Air Agency to
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Title:
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F-LOCATION
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Wording
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LOCATION: The Wahl Lake MRLO consists of 165-acres and is located in portions of Section 1, Township 27 North, Range 1 West, lying approximately 1.25 miles west of the existing Shine Hub operated by MS&G. The permit area includes a proposed 137-acre mining/excavation area; 19-acres identified as regulated critical areas and/or required mining setback areas, and a 60 foot road easement from the extraction area to the Shine Hub that totals 9-acres.
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Title:
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F-COMP PLAN DESIGNATION
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Wording
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COMPREHENSIVE PLAN: The Wahl Lake MRLO consists of 165-acres and is zoned Commercial Forest lands under the Jefferson County Comprehensive Plan, adopted August 18, 1998. This area is also designated as Mineral Resource Land Overlay (MRLO) District by Jefferson County's adoption of Ordinance 08-0706-04 on July 6, 2004, subject to the 15 conditions governing any activities conducted within the MRLO. This ordinance was amended through Ordinance 09-1213-10 resulting in revised language within the 15 conditions.
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Title:
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F-PROJECT SUMMARY
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Wording
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| | |
PROJECT SUMMARY: The purpose of this application (MLA11-00146) is to revise the sequence of mining in the existing Wahl Lake Extraction Mineral Resource Land Overlay (MRLO) as originally approved under MLA03-00377 on July 19, 2005. As a result of this 2005 county stormwater approval, a "Wahl Extraction Area Final Reclamation Map" was prepared that identifies the sequence of the Groups and Segments to be mined. This revision application differs from MLA03-00377 as identified below:
1. Mined aggregate material from the Wahl Extraction area will be transported via conveyor to the north adjacent processing area which received a MRLO designation for 18-acres via a Comprehensive Plan Amendment process approved by the Jefferson County Board of Commissioners on December 13, 2010 through the adoption of Ordinance 08-1213-10;
2. A portable jaw crusher may be used in conjunction with the mining operations;
3. The conveyor from the Wahl Excavation Site to the Shine Hub will no longer be necessary and is, therefore, not addressed in this applications SEPA checklist.
4. The previously graded sixty-foot conveyor easement, will be utilized for a maintenance road and electrical transmission line;
5. Aggregate material will be truck transported via the T-1000 road to SR 104;
6. The Groundwater, Surface Water Precipitation Monitoring Plan will reflect the past several years of monitoring information;
7. In addition to Group One, this permit will include Groups Two and Three;
8. Mining will begin in Group One (phase 1), then proceed into Group Two (phase 2) and finally Group three (phase 3). (Refer to map as identified in County Log Item # 5 pages 18 of 22).
This application includes the following areas within the Wahl Lake Extraction MRLO; 1) 137-acre mining/excavation area; 2) 19-acres identified as regulated critical areas and/or required mining setback areas; 3) 60-foot road easement from the extraction area to the Shine Hub which totals 9-acres. The 19-acres will not be mined, graded, or disturbed in any way. Mining activities will be located outside of the 300-foot setback to these critical areas. Adjacent to the mining permit area there are five delineated wetlands labeled Wetland C (Wahl Lake), Wetland D, Wetland G/GG, Wetland H and Wetland I. Mining activities will be more than 200 feet from any of these wetlands. The southern part of Mining Group Three is over 200 feet from the unnamed tributary to Thorndyke Creek. The remaining 137-acres will be mined and reclaimed in a progressive segmental fashion. The 137-acre mining area includes three segments with active mining occurring at up to 40-acres at any given time. These segments will be logged, stripped of vegetation, topsoil removed and stockpiled, mined, and subsequently reclaimed. Mining will not begin in Group Three until water monitoring confirms continued mining will not impact Thorndyke Creek or the Unnamed Tributary.
Material from the site will be mined for sand and gravel to final grades as required by DNR approved Reclamation Plan. Approximately 12,000,000 tons of sand and gravel will be removed. Approximately 300,000 cubic yards of top soil will be removed and stockpiled on the site then used to complete the reclamation. The top soil removal and placement will be done in stages to match the mining segments as shown in the DNR approved reclamation plans. Hauling of material to SR 104 will not begin until the revised intersection of the T-1000 Road and SR 104 has been completed. Upon completion of the new SR 104/T-1000 intersection (including turning lanes), the annual Traffic Report for the intersection of the Rock-To-Go Road and SR 104 required by previous mitigating measures for the Wahl Excavation Area will be discontinued. Adjacent to and east of the Wahl Extraction Area is a 9-acre easement that is included in the Washington State Department of Natural Resources (DNR) Reclamation Permit. Mining will not take place in this easeme
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Title:
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| | |
F-BACKGROUND INFORMATON
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Wording
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| | |
BACKGROUND INFORMATION: The Wahl Lake Extraction area of 165-acres is designated Mineral Resource Land Overlay (MRLO) District through a Comprehensive Plan (CP) Amendment by Fred Hill Materials under MLA02-00235 by Jefferson County's adoption of Ordinance 08-0706-04 on July 6, 2004. The overlay is subject to 15 conditions. The MRLO includes a total of 690-acres: the Meridan totals 525-acres (currently leased by Fred Hill Materials for marine transportation only); and the Wahl Lake Extraction area totals 165-acres (currently leased by Miles Sand & Gravel Co.for truck transportation only). A FSEIS was issued on May 12, 2004 for this CP Amendment. The Final Supplemental EIS for MLA02-00235 prepared in the promulgation and adoption of Ordinance 08-0706-04 is hereby adopted by reference.
When Ordinance 08-0706-04 was adopted, it was assumed the mining operations would be under the direction of a single operator, Fred Hill Materials. A lease for the Wahl and Shine Hub areas was signed by Fred Hill Materials and Pope Resources (land owner) on July 11, 2008. Subsequently, Fred Hill Materials assigned the lease to Miles Sand & Gravel Company on April 30, 2009.
In 2010, Miles Sand & Gravel, Co. applied for a CP Amendment (MLA10-00073) to amend Ordinance 08-0706-04 and its 15 conditions for business operations at leased parcels known as Wahl and Shine Hub through the adoption of Ordinance 09-1213-10 on December 13, 2010. The legislative intent of Ordinance 09-1213-10 states it "shall not alter, revise or amend the 15 Conditions (with subparts) under Ordinance 08-0706-04 applicable to Fred Hill Materials (or its successors) with respect to that portion of the real property within the 690-acre MRLO designated in 2004 where Fred Hill Materials (or its successors) remains the lessee or operator of about 525-acres known as the Meridan."
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Title:
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| | |
F-RELATED ACTIONS/PERMITS
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Wording
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| | |
RELATED ACTIONS/PERMITS: Jefferson County has a Type I Stormwater Permit to review and is the lead agency for SEPA review. Based upon the nature of the revision to the sequence of mining in the Wahl Lake Extraction MRLO, the reports submitted with this application, the requirements of other agencies with jurisdiction (DNR revision to Reclamation Permit #70-013024, DOE revision to NPDES permit WAG 50-1120, General Sand & Gravel Permit, ORCAA compliance, etc.), and the requirements for mining found in the Jefferson County Code, the Department of Community Development (DCD) expects to issue a Mitigated Determination of Non-Significance (MDNS) for this proposal. The following reports were submitted with this application:
1. Groundwater, Surface Water and Precipitation monitoring Shine Hub and Wahl Extraction Area prepared by GeoEngineers dated June 8, 2011 (County Log #4);
2. Stormwater Drainage Report prepared by Team 4 Engineering dated June 2011 (County Log #5);
3. Assessment of large Animal Movement Report by Resources Northwest dated March 14, 2003(County Log #7) ;
4. Wahl Visual Impact Analysis by Reid Middleton Dated June 2003 (County Log #8);
5. Report on Existing Noise Levels by Environalysis dated October 2002 (County Log #9);
6. Geologic & Hydrogeologic (CARA) Report prepared by GeoResources dated May 19, 2003 (County Log #10);
7. Wahl Wetland Delineation and Biological Inventory by Krazan dated June 12, 2002 (County Log #11);
8. Wahl Extraction Area Traffic Report prepared by Reid Middleton dated June 2003 (County Log #12);
9. Ordinance 09-1213-10 amending Ordinance 08-0706-04 (County Log #13).
The submitted documents and the complete application for this proposal, the FSEIS for Ordinance 08-0706-04 are available for review at the Jefferson County DCD office.
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Title:
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| | |
F-CRITICAL AREAS
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Wording
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| | |
Critical Areas (CA) are found in Section 18.22 of the Jefferson County Code (JCC). Critical area issues are addressed in the Final Mitigated Determination of Non-Significance (FMDNS) issued on December 2, 2011. A copy of the FMDNS can be obtained from the Jefferson County Department of Community Development Office.
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Title:
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| | |
F-FPA & MINING
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Wording
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| | |
A FPA (Forest Practices Application) complying with the requirements of WAC 222 Forest Practice Rules) will be required for the removal of trees. The mineral extraction will occur within 12-15 acres segments. The removal of trees will also be done in phases with logging usually occurring slightly in advance of when an area would be mined. MS&G has indicated in the reclamation plan that segments will be reclaimed within three years. Therefore, the area being mined would not be out of timber production for more than 3 years.
Once trees have been removed, sand and gravel extracted, overburden and topsoil replaced, and trees planted within three years, then subsequent logging activity may be processed through a Class III FPA.
If an activity would result in trees being removed and the area not reforested within 3 years, then this activity would be considered a Conversion because the area is not reforested in the required timeframe for a FPA. The County is required to review and process permits for a conversion to ensure that the County requirements (such as ESA) are addressed. The removal of trees that is part of a 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, 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-MDNS Issued
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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 (MLA11-00146) and Preliminary Threshold Determination for a Mitigated Determination of Non-Significance (MDNS) utilizing the optional process (WAC 197-11-355) was published in the September 28, 2011 edition of the Jefferson County Port Townsend Leader.
On September 23, 2011, a notice was sent to agencies, the applicant/representative, and surrounding landowners.
The site was posted on September 29, 2011.
The Final Mitigated Determination of Non-Significance was approved on December 2, 2011 by the SEPA Responsible Official.
There is no Administrative Appeal process under the UDC for Type I permit as specified by Section 8.10(12) of the UDC. Appeal of a Type I permit requires a Judicial Appeal as specified by Section 8.5(2) of the UDC.
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