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Regular Agenda
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street. Port Townsend' Washington 98368
360/379-4450 . 360/379-4451 Fax
http://www.co.jefferson.wa.uslcommdevelopmentl
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Adminimator n
AI Scalf, Director, Department of Community Developme~
Stacie Hoskins, Planning Manager
Michelle Farfan, Associate Plauner ~
November 1,2010
MLAIO-00073, Miles Sand & Gravel Company: Final Staff
Recommendations and Planning Commission Recommendations
for 2010 Comprehensive Plan Amendment Final Docket
FROM:
DATE:
SUBJECT:
STATEMENT OF ISSUE:
On July 12, 2010, the Jefferson County Board of County Commissioners (BoCC) established the
2010 Comprehensive Plan Amendment Final Docket. A preliminary docket was not required
this year as Jefferson County received only one site-specific Comprehensive Plan Amendment
and received no suggested amendment proposals.
BACKGROUND:
At the time of adoption of Ordinance 08-0706-04 on July 6, 2004, 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 on July 11,
2008. Subsequently, Fred Hill Materials assigned the lease to Miles Sand & Gravel Company on
April 30, 2009. Becanse the change in lease holders, Miles Sand & Gravel also proposes
language changes to Ordinance 08-0706-04 as agreed upon by the applicant and the Hood Cana1
Coalition per Memorandum of Understanding.
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Planning Commission and Final DCD Recommandations
Cumulative environmental review of the one (1) amendment was examined through an
environmental analysis called an Integrated GMAlSEPA Staff Report issued on September 1,
2010. This document fulfills the requirements for environmental review under WAC 197-11 in
consideration of cumulative impacts for the county-wide amendment cycle. This document also
represents final SEP A review for the 2010 Final Docket process, and the completion of SEP A
analysis. The "notice of intent to amend comprehensive plan & notice of Adoption of existing
environmental documents and availability of SEPA Addendum and Notice of public hearing
before the planning commission" provided a 60-day comment period (September 1, 2010
through September 30, 2010) for agencies and the public including the Department of
Commerce.
2010 Site-Specific Amendment:
1. MLA10-00073 proposed by Miles Sand and Gravel Company requests the following
amendments:
. to establish an 18-acre Mineral Resource Land Overlay (MRLO) adjacent to the
existing 156-acre Wahl Lake MRLO, and
. proposed language changes to modify certain conditions imposed by Jefferson County
on property (including the Wahl Expansion Area) covered by Ordinance 08-0706-04
and segregate certain property formerly leased by Fred Hill Materials now being
leased by Miles Sand and Gravel. The parcel is currently zoned as Commercial
Forest Land (CF 1 :80) located within the Thorndyke Tree Farm, Port Ludlow, owned
by Pope Resources. (Assessor's parcel numbers 801-361-001 & 701-011-001)
Department of Community Development (DCD) staff presented analysis and preliminary
recommendations through an Integrated Staff Report and State Environmental Policy Act
(SEPA) Addendum on September 1, 2010, thereby initiating an associated public comment
period. The Planning Commission held a public hearing on the one (1) site-specific amendment
application on September 15, 2010 and accepted written comments through September 30, 2010.
Four email comments were received and two oral comments were made at the public hearing on
September 15, 2010. (See email comments in the Attachments document). The Planning
Commission deliberated on the proposal during a meeting held October 6, 2010 and completed
:findings to support its recommendation on October 6, 2010.
A. The following documents are attached:
1. Memorandum from the Planning Commission re: Recommendation on the 2010 Docket
2. Public comment letters
3. Signed map of proposal for which the Planning Commission recommends approval
4. Revised line-in/line-out proposed language changes to Ordinance 08-0706-04 per
Memorandum of Understanding between the applicant and the Hood Canal Coalition
B. The following documents are incorporated by reference:
1. Original applications
2. DCD Integrated Staff Report and SEP A Addendum dated September 1, 2010; corrected
per September 16,2010 email comment at Planning Commission deliberations on
October 6, 2010.
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Planning Commission and Final DCD Recommendations
The documents listed under B. above have been previously distributed to the BoCC as Planning
Commission correspondence. Furthermore, these documents and additional information related
to the 2010 Comprehensive Plan Amendment Cycle are available on this County webpage:
http://www.co.iefferson.wa.us/commdevelopment/2010cvcle.htm
Planning Commission meeting minutes can be accessed from this County web portal:
htto://www.co.iefferson.wa.us/Meeting&Minutes/Meetings&Minutes.htm
DCD staff presents the Planning Commission recommendations and department
recommendations on the one (1) amendment comprising the 2010 Comprehensive Plan
Amendment Cycle on Monday, November 1, 20 I 0 for BoCC consideration.
Planning Commission Recommendation: Vote: 6-0 (6 favor, 0 oppose)
. approve the I8-acre MRLO confirming the correct legal descriptions;
. approve the proposed language changes to Ordinance 08-0706-04, and
. approve the two actions as documented through two separate ordinances.
The Planning Commission found that the proposal meets concurrency requirements and does not
affect adopted levels of service.
ANALYSIS/STRATEGIC GOALSIPROS and CONS:
Jefferson County Code I8.45.080(2)(d) directs the BoCC to take legislative action on the one (1)
proposal comprising the 2010 Comprehensive Plan Amendment Final Docket no later than
Monday, December 13, 2010, the second regular BoCC meeting in December.
FISCAL IMP ACT/COST -BENEFIT ANALYSIS:
Staffing resources have already been committed from the general fund in support of Long-Range
Planning. Applicants have paid fees for this review process.
RECOMMENDATION:
Please find in this section the final recommendation of the Planning Agency reflecting
concurrence between the Planning Commission and DCD for the 2010 Final Docket
On October 6, 2010, the Planning Commission specifically reviewed the proposal during
deliberations using the Growth Management Indicators found at JCC 18.45.050 and JCC
18.45.080.
DCD reviewed the proposal for consistency with statutory and local code requirements. In
general, analysis presented in the September 1, 2010 document is referenced rather than repeated
here.
Final Staff Recommendation:
. approval of the I8-acre MRLO confirming the correct legal descriptions;
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Planning Commission and Final DCD Recommendations
· approval of the proposed line-inIline out language changes to Ordinance 08-0706-04 as
agreed upon per Memorandum of Understanding dated September 14, 2010 between the
applicant and the Hood Canal Coalition; and
. approval of the two actions as documented through two separate ordinances.
Planning Agency recommends the BoCC direct staff to prepare two (2) ordinances: one for
the 18-acre mineral resource land overlay and one for the proposed language changes to
Ordinance 08-0706-04 for adoption of MLAlO-O0073 as proposed by Miles Sand & Gravel
Company.
REVIEWED BY:
tOk~D
Date
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Attachments
1. Memorandum from the Planning Commission re:
Recommendation on the 2010 Docket
2. Public comment letters
3. Signed map of proposal for which the Planning
Commission recommends approval
4. Revised line-in / line-out proposed language
changes to Ordinance 08-0706-04 per
Memorandum of Understanding between the
applicant and the Hood Canal Coalition
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JEFFERSON COUNTY
PLANNING COMMISSION
621 Sheridan Street
Port Townsend, WA 98368
(360) 379-4450
2010 Comprehensive Plan Amendment
Planning Commission Recommendation
with Findings and Conclusions
MLA 10-00073
To: Board of County Commissioners, Chair David Sullivan;
Department of Community Development, Director AI Scalf; and
Interested public of Jefferson County
From: Planning Commission, Chair Peter Downey
Date: October 6, 2010
Attached: A. Mineral Resource land Overlay (MRlO) Map and legal descriptions;
B. Line-inlline-out Ordinanca 08-0706-04 Changes
The Planning Commission is pleased to submit our recommendation for approval of the 2010
Comprehensive Plan Amendment (CPA) application to the Board of County Commissioners for review
and adoption (See Attachments A and B). Since receiving the Staff Report and SEPA Addendum and
the applicant's revised proposal, the Planning Commission has worked diligently to review the
documents provided and conducted a site visit in an effort to provide guidance to the Board on this
proposed comprehensive plan amendment.
We recognize the hard work the Department of Community Development (DCO) staff put into the
preparation of the staff report and SEPA analysis, and the applicant for their diligence in working with
the Hood Canal Coalition to reach a very timely agreement on the proposed language changes to
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Ordinance 08-0706-04. We largely support their proposai for amendment to the Comprehensive Plan
and the language changes to Ordinance 08-0706-04.
Some key issues on which our recommendation is based include:
. Transportation of any materials mined from the Wahl Lake property off-site shall be by truck
only.
. Removal of language to several paragraphs of Ordinance 08-0706-04 of which reads "The
County Department of Community Development may waive or reduce this requirement based
on the operator's performance."
. Addition of language to Ordinance 08-0706-04 (see Attachment Bl.
. Mining within the existing Wahl Lake Area MRLO is limited to extraction and transportation via a
conveyor system; no heavy equipment maintenance or crushing operation is allowed within this
existing MRLO, except a portable jaw crusher for mining operations.
. All heavy equipment maintenance and processing operations will be located on the
proposed18-acre MRLO.
. Limitation of mining to a maximum depth of ten (10) feet above the seasonal high water table
with continued quarterly monitoring reports submitted to the Department of Community
Development.
. The proposed 18-acre MRLO is located farther west over a ridge from the nearest existing
and/or proposed residential development thereby reducing any potential noise impacts.
. Aesthetically, reclamation of the Shine Hub will require removal of all existing operations
equipment and require contouring and planting of trees, consistent with DNR reclamation
permits.
. The highway access point will be relocated approximately % mile west of the intersection of SR
19 and SR 104 to improve site distance and potentially decrease the number of accidents at the
intersection of SR 104 and SR 19 since 40 percent of the traffic westbound tums off onto SR
19. The access will be constructed in accordance with the WA State Department of
Transportation (WSDOT) standards and requires access connection permitting from WSDOT.
In preparing our recommendation, we have considered the growth management indicators and other
general guidance on required findings, and therefore do hereby declare the following findings and
conclusions in support of our decision:
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A. Required findings as per Jefferson County Code (JCC) Title 18.45.080(1)(b}(i-iil}:
1. The circumstances related to the proposed amendment and/or the area in which it is located
have substantially changed since the adoption of the Jefferson County Comprehensive Plan.
Existing mineral resources in the Shine Hub are nearly depleted. Additionally, since the
adoption of the Jefferson County Comprehensive Plan and Ordinance 08-0706-04, changes in
leasehold interest of the operations at the Shine Hub and Wahl Extraction Area have
transferred from Fred Hill Materials to Miles Sand & Gravel Company. Because of the
leasehold changes, Ordinance 08-0706-04 needs to be amended to reflect the two distinct
operations: Miles Sand and Gravel is strictly truck transportation of mining materials from the
Shine Hub and Wahl lake MRlO and Fred Hill Materials is proposing strictly marine
transportation of mining materials from the Meridian MRLO. Additionally, the Wahl lake and
Meridian MRlOs were approved through a Comprehensive Plan Amendment procass and
approved by the Board of County Commissioners on July 6, 2004 under Ordinance 08-0706-04.
2. The assumptions upon which the Jefferson County Comprehensive Plan is based are not valid.
New information is available which was not considered during the adoption process or any
annual amendments of the Jefferson County Comprehensive Plan. Jefferson County found
that the designation of forest resource lands provided the necessary framework for assisting in
the conservation of potential mineral resource lands and extraction sites due to the size of
parcels required for the practice of long-term forestry and the high degree of overlap between
lands devoted to timber growing and land potentially containing commercial mineral deposits.
The proposed 18-acre MRlO near the existing 156-acre Wahl lake MRlO is all located within
and completely surrounded by mineral lands and commercial forest lands owned by Pope
Resources and is considered part of the Thomdyke Tree Farm containing thousands of acres of
timber forest lands, and is zoned as such. The system for designating and conserving mineral
lands of long-term significance is the result of detailed consideration of the spirit and intent
found in the language of the goals and requirements of the Growth Management Act and the
goals and policies of the Jefferson County Comprehensive Plan. However, the mineral
resources in the Shine Hub area are nearly depleted and initiating this change will ensure the
long-term viability of mineral extraction operations.
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3. The proposed amendment does reflect current, widely-held values of the residents of Jefferson
County. Submittal and approval of a conditional use permit for an operations hub located in the
18-acre MRLO would allow the applicant to be a competitor in the mining market by supplying
materials to local residents, contractors, etc. for construction of driveways, foundations,
retaining walls, etc. Additionally, the applicant could provide bids to county and state agencies
for road improvement projects. The proposed future uses of the MRLO area (office for truck
scale, a maintenance shop, and concrete and asphalt batching) will employ approximately 8-20
people. Jefferson County residents continue to value locally-based businesses and the public
benefits that result from revenue generated by such.
B. Additional required findings as per Jefferson County Code (JCC) Title 18.45.050(4)(c)(i-vlil):
1. The 2010 Comprehensive Plan Amendment proposal is a site-specific amendment, therefore
concurrency requirements for transportation and effects on adopted level of service standards for
public facilities and services are applicable. At such time that a conditional use permit is applied for
the operations hub on the 18-acre MRLO area, the County will solicit comments from the WA State
Department of Transportation (WSDOT) regarding access from the T-1000 Road to SR 104. The
applicant has been in contact with WSDOT for this relocated access from Rock-to-Go Road.
WSDOT finds that the new access will provide better site distance and less impact to the traveling
public since 40% of west-bound traffic turns off on SR 19. Applicant will make improvements to SR
104 as required by WSDOT.
2. The 2010 ComprehensiVe Plan Amendment proposal is a site-specific amendment and is
consistent with the goals, policies and implementation strategies of the various elements of the
Jefferson County Comprehensive Plan. LNP Goal 13 says the County should conserve and protect
resource lands for natural resource-based economic activities that are compatible with surrounding
land uses. Forest Lands are protected against encroaching land uses and mineral extraction, with
limitations, as a permitted use in Forest Lands. However, MRL overlay designation affords
additional protection and accessibility of mineral resources through the elimination of the 10-acre
limit and the inclusion of the nuisance and disclosure provisions. A full reading of the
Comprehensive Plan will assist the public and decision-makers to balance the goals and policies
therein with regard to the designation of MRLOs designated in Jefferson County. There is clear
legislative discretion in the GMA for the designation of mineral resource lands, but there is also the
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requirement in the Jefferson County Comprehensive Plan "...to not knowingly preclude
opportunities for future mining and, as the lands are identified, to inform nearby property owners of
the potential for future mining use of these areas in order to prevent or minimize potential conflicts. "
Additionally, Jefferson County is fortunate to have a variety of land rich in natural resources,
inCluding forests; farmland; fisheries and shellfish beds; and deposits of sand, gravel, and minerals.
Natural resource industries have played, and will continue to play, a central role in the culture,
history, and economy of Jefferson County. These lands aiso provide aesthetic, recreational, and
environmental benefits to the public while contributing to the diverse character of the County.
Jefferson County has designated these resource lands into four categories:
. Forest lands;
. Mineral lands;
. Agriculture lands; and
. Aquaculture lands.
The criteria used to classify mineral resource lands in Jefferson County were based on the
guidelines provided by the state and an analysis of local conditions. Limited geological information
is available to accurately identify, evaluate, and designate mineral resources of long-term
commercial significance. U.S. Geological Survey Maps and Department of Natural Resources
surface mining data were reviewed by the Mineral lands Work Group for the County to determine
current and potential mineral resource lands of long-term commercial significance.
Based upon this evaluation, and in conjunction with the analysis and assessment of forest resource
lands, a high degree of overlap between lands devoted to growing timber and land potentially
containing commercial mineral deposits was identified. Because of the amount of forest cover and
geology of Jefferson County, most mineral resources are located in forest resource lands.
Therefore, the inclusion of mineral extraction and primary processing as a permitted use on
designated forest land will protect mineral resource lands from the encroachment of incompatible
development, conserve the mineral resource land base of Jefferson County, and allow for its future
utilization by the mining industry.
Eventually, mining sites are abandoned or the operations discontinued for long periods of time as
the mineral resource is depleted. Reclamation of abandoned, depleted, or discontinued mines
creates opportunities for new uses compatible with adjacent land uses. Reclamation reduces the
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dangers associated with some types of abandoned mines, improves the aesthetics of the site, and
can create environmental amenities, such as lakes, ponds, wetlands, and forests.
3. The 2010 Comprehensive Plan Amendment proposal is a site-specific amendment that will not
result in probable significant adverse impacts that cannot be mitigated and will not place
uncompensated burdens upon existing or planned service capabilities. At the time of application
for the required conditional use permit, potential impacts will be identified and mitigated according
to the mitigation sequence outline in WAC 197-11.
4. The subject parcels are physically suitable for the requested land use designation and the
anticipated land use development, including planned surrounding land uses. The land use
designation of Commercial Forest Lands (CF 1 :80) and the approval of a mineral resource land
overlay are not anticipated to change the underlying zoning of CF 1 :80.
5. The 2010 Comprehensive Plan Amendment proposal is a site-specific amendment, and will not
create a pressure to change the land use designation of other properties. The surrounding
properties owned by Pope Resources are designated as Commercial Forest Lands, CF 1:80. The
land use designation of the subject property will not change due to this proposal.
6. The 2010 Comprehensive Plan Amendment proposal is a site-specific amendment, and therefore
does not materially affect the land use and population growth projections that are the basis of the
Comprehensive Plan. Commercial forest land designations allow one dwelling unit per 80 acres.
The MRLO does not change the underlying zoning of CF 1 :80.
7. The 2010 Comprehensive Plan Amendment proposal is a site-specific amendment and is not
within an Urban Growth Area and does not materially affect the adequacy or availability of urban
facilities and services.
8. The 2010 Comprehensive Plan Amendment proposal is consistent with the Growth Management
Act (Chapter 36.70A RCW), the County-Wide Planning Policies for Jefferson County, any other
applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. No
aspect of the proposal is in conflict with local, state, or federal environmental protection
requirements. That being said, RCW 78.44.010 states in part "The legislature recognizes that the
10/6110 PC Recommendation to BoCC: MLAI~0073
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extraction of minerals by surface mining is an essential activity making an important contribution to
the economic well-being of the state and nation..
C. Inquiry to the growth management Indicators as per Jefferson County Code (JCC) Title
18.45.050(4)(b)(l-vli):
1. The rate of growth and development as envisioned in the Comprehensive Plan is not anticipated to
be affected by this proposal for an MRLO.
2. It is not anticipated that this proposal will affect the cepacity of the county to provide adequate
services. Nevertheless, overall governmental services have been negatively affected by the current
recession.
3. This proposal does not affect the amount of urban land in the County.
4. The assumptions upon which the Comprehensive Plan Is based are not found to be valid because
the existing MRLO designations do not reflect the depleted mineral resources.
5. There are not changes in county-wide attitudes which necessitate amendments to the goals of the
Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision
Statement.
6. There are changes in circumstances which dictate a need for amendment to the Comprehensive
Plan. Given the depletion of mineral resources at the Shine Hub, this MRLO will allow a more
efficient processing operation for material mined from the existing Wahl Lake Extraction Area.
7. There are not inconsistencies between the Comprehensive Plan and the GMA or the
Comprehensive Plan and the Countywide Planning Policies for Jefferson County.
D. The Record
In addition to the guidance provided by GMA, the Countywide Planning Policies, the Jefferson County
Code, and the Comprehensive Plan, the Planning Commission finds:
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1. The CPA 2010 comment period began on September 1, 2010 and ended on September 30,2010.
The County received a total of four written comments:
. Two requests from the applicant seeking documentation via two separate ordinances;
. One from the applicant regarding a memorandum of understanding regarding revised
proposed language changes to Ordinance 08-0706-04; and
. One comment received from Planning Commissioner Richard Hull who identified
typographical corrections.
2. As a result of discussions between the applicant and the Hood Canal Coalition (HCC), an
agreement was reached and documented in a Memorandum of Understanding (MOU). One of the
conclusions of the MOU is the 18-acre MRLO and the language modification to Ordinance 08-
0706-04 be documented through two separate ordinances.
3. The record contains evidence with respect to this proposal, including an MOU between the
applicant and the HCC; revised and agreed upon language between the applicant and HCC for
changes to Ordinance 08-0706-04; and a digital recording of verbal testimony from the public
hearing conducted on September 15,2010.
4. The map in Attachment A was prepared based on the legal descriptions submitted by the applicant
for the 18-acre MRLO which was reviewed by Jefferson County staff and found to be inaccurate by
approximately one foot at the northern and southern boundaries. After preparation of the attached
map, corrected legal descriptions for the 18-acre MRLO were submitted to the County.
5. Assertions in the record can be confirmed by information from other sources.
6. Our Final CPA recommendation is based on the record.
7. Our Final CPA recommendation does satisfy legal criteria.
8. Our Final CPA recommendation is specific to the application to approve an 18-acre MRLO
adjacent to the existing 156-acre mineral resource land overlay (MRLO) and to make language
changes to Ordinance 08-0706-04.
E. Additional Findings and ConclusIons
1. There is no conflict of interest between Planning Commission members and the applicant. The
Planning Commission further supports our Final 2010 CPA recommendation as identified in the
revised language to Ordinance 08-0706-04 in Attachment B.
2. The Planning Commission concludes a revised map would better reflect the corrected legal
descriptions.
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3. The Planning Commission supports two separate ordinances; one for the 18-acre MRLO and a
second for the line-lnIIlne-out language changes to Ordinance 08-0706-04.
4. The Planning Commission supports correcting the typos identified In Richard Hull's entail dated
September 15, 2010.
5. We recognize that our recommendation will be reviewed and considered by the Board of County
Commissioners, who will then take formal action to review and adopt, modify, or deny MLA1Q-
00073.
6. The Planning Commission recognizes and appreciates the initiative and cooperation extended by
tha applicant to an interested citizen group to resolve issues of concern via an MOU.
F. Planning CommIssIon Recommendation
On October 6, 2010, tha Jefferson County Planning Commission voted 6 in favor and 0 opposed to
recommend the following to the Board of County Commissioners:
1. Approve the proposed 16-acre mineral resource land overlay (MRLO) per Attachment A
confirming the correct legal descriptions of the 16-acres In order to accept the MRLO
designation in the spirit of the Intended location;
2. Approve the proposed language change to Ordinance 08-0706-04 as indicated in Attachment
B;and
3. Oocument the above actions through two separate ordinances.
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Peter Downey, Chair
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Date
10/6110 PC Recommendation to BoCC: MLAIG-00073
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Michelle Farfan
From: Dave Lewis (davel@gravelpits.com]
Sent: Wednesday, September 15, 2010 6:35 AM
To: AI Scalf; Michelle Farfan; stacie Hoskins
Cc: LIsa Kitblsby; Mike Schuh; Walt Miles; BUI Lynn
Subject: 2010 Comprehensive Plan Annual Cycle
Good Morning,
As you are aware our application for the comp plan amendment requested to add 18 acres to the MRLO
and revise the 2004 ordinance. Would it be possible to keep the 18 acre MRLO separate from the 2004
ordinance revision? Could this be done by separate ordinances or separate sections within the same
ordinance? It Is important that we do not miss this amendment cycle but would like to separate the two
items. Please give me a call on my cell phone if you would like to discuss this further.
Thax.
DEL
Dave Lewis
MileS Sand and Gravel Co
1220 M St SE
Aubum WA 98002
PO Box 130
Auburn, WA98071
253-833-3705 x437
253-370-13862 cell
dava/@araveIDlts.com
10/612010
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Michelle Farfan
From: David Alvarez
Sent: Wednesday, September 15, 2010 11:53AM
To: Lynn, Bill
Cc: AI Scalf; Stecie Hoskins; David W. Johnson; Michelle Farfan
Subject: Miles Camp Plan Amendment
OK with me.
David Alvarez
From: Lynn, BIJI [maiJto:BLynn@gth-law.com]
sent: Wednesday, september 15, 2010 11:46 AM
To: David Alvarez
SUbject: Miles Camp Plan Amendment
Miles Send and Gravel has reached agreement with the Hood Canal Coalition on Miles' proposed
amendment One of the elements of the agreement Is that the approval of the 18 acre new MRLO be
accomplished by one ordinance, with the modification of the 2004 Ordinance done through a separate
ordinance. I can't see any problem with that, and feel like it is actually cleaner than combining them in a
single ordinance. Do you have any concem with the separate ordinance approach? Thanks
William T. Lynn
Attorneyallew
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GORDON THOMAS HONEYWELl..
"-"
1201 PacfficAvenue. Sune 2100
Tacoma, Washington 98402
T 253 620 6416
F 253 620 6565
hllD:/Iwww.o1h-law.com
NOTICE: The Informalion contained In this....maIl communJcalion Is confidential and may be protected by the attomey/cIlent or work product
prlvUeges. If you are nolthe Intended recipient or beUeve that you have _lhls communJcalion In error, please do not prlnl, copy.
retJansmlt, disseminate. or otherwise use the Jnformalion. ~. pIeaae Indlcata fD the sender that you have recehred lhls emallln error and
deJe1a the copy you received. Thank you.
10/25/2010
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Michelle Farfan
From: Mike Schuh [mikes@gravelpits.com]
Sent: Wednesday, September 15, 201012:12 PM
To: Michelle Farfan; Stacie HoskJns; AI Scalf
Cc: 'Lynn, Bill'; Lisa Kitlilsby; Dave Lewis
Subject: Proposed Changes to Ordlance 08-0706-04
Attachments: Memo of Understanding 09.14.10.doc; Proposed Changes to Conditions - revised 09.14.10.doc
Michelle, Stacie & AI-
We have had recent discussions with the Hood Canal Coalition. Prior to this afternoon's tour and this
evenings hearing, we wanted to provide you with a summary of the conversation & revised proposed
conditions to the ordinance. Bill Lynn will formally submit this Information atthe hearing.
As you will note on condition #1 of our memorandum of understanding dated 9/14/10, we would like to
formally request that the proposed 18acre MRLO be accomplished by an ordinance that Is separate and
distinct from the proposed changes to Ordinance 08-0706-04.
We are looking forward to seeing you soon for the tour and continued discussion.
Mike Schuh
Miles Sand & Grave] Company
P.O. Box 130
Auburn, WA 98071
Office: 253-833-3705 x 460
Cell: 206-595-2144
FAX: 253-833-3746
Email: mlkes@lmIveloits.com
10/6/2010
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Michelle Farfan
Page 1 of 1
From: Planning Commission
Sent: Monday, September 20,20107:32 AM
To: Michelle Farfan
Subject: FW: Typo corrections for Miles Ammendment Staff report document-Michelle Farfan
From: RIchard Hull [mallto:richardhull@embarqmall.com]
Sent: Thursday, September 16, 2010 3:29 PM
To: Planning Commission
SUbject: Typo corrections for Miles Ammendment Staff report document-Michelle Farfan
Hi Michelle,
Page 2-4, Paragraph 6, Line 8: The adoption...as a UGA" appears to be a sentence fragment.
Page 2-14, paragraph 9, line 3: duplicate words "but that but that'"
Richard
10/25/2010
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MILES
SAND AND GRAVEL COMPANY
DATE: September 14, 2010
TO: Hood Canal Coalition
Attn: John Fabian
Jay Newkirk
From: Walt Miles, President
Lisa Kittilsby, Vice President
Subject:
Memorandum of Understanding re:
Jefferson County Ordinance 08-0706-04
In regards to the proposed revisions associated with the above referenced ordinance, a
summary of the conclusions from our previous discussions is as follows:
1. Miles Sand & Gravel Company (Miles) will request that Jefferson County approve the
additional 18 acre area via a separate MRLO so that it is not an addition to the existing
MRLO.
2. Miles will not request changes to the Ordinance except the changes requested in
Paragraphs 1, 2, 8, 9, 10 and 14 as noted in the attached "Proposed Changes to Conditions
of Jefferson County Ordinance 08-0706-04" dated "revised 09.14.10".
3. Miles will cease processing activities at the Shine Pit Hub within 18 months following the
beginning of the processing operations at the Wahl Lake Facility. This time frame does not
apply to recycling the existing stockpile of recycled concrete which Miles will recycle as the
market demand requires.
4. Upon completion of its activities at the Shine Pit Hub, Miles shall reclaim the property in
accordance with DNR requirements.
Should you have any questions or comments, please feel free to contact either of us at your
earliest convenience.
P.O. Box 130, Auburn, WA 98071
Ph: 253-833-3705 Fax: 253-833-3746
~ . '1
..,
.
PROPOSED CHANGES TO CONDmONS
OF JEFFERSON COUNTY ORDINANCE 08-0706-04
The following are proposed changes in the conditions of Ordinance 08-0706-04
requested because the Wahl Lake and Meridian areas are now under separate leases and
that Miles Sand & Gravel Company will operate the Wahl Lake property independent of the
Meridian area. ~ fO_<~~_"""'_",*,_.r"1ittel ~rei
~ighl~
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 (UOC) iAsluaiFlgfor that area to be mined. includlne:.
but not limited to:
a. Protection of environmentally sensitive areas per Section 3:
. Mining is prohibited in Fish and wlldlife Habitat areas or their buffers.
· Mining is prohibited in Wetlands or their associated buffers.
· 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.
· Submission of a Habitat Management Plan.
b. Performance standards of Section 4:
· Full compliance with the Washington State Surface Mining Act (ReW 78.44)
shall be required prior to any mining activity that exceeds 3 acres of disturbed
area.
· Extraction report prepared by a professional geologist with elements required
pursuant to UOC 4.24.2.a-f.
· All extraction and reclamation activities that create a noise disturbance must
take place between 7:00 a.m. and 7:00 p.m.
c. Development standards of section 6:
- 1- [Proposed Changes to Conditions - revised 09 14 10 (2)]
-= 40 1
.
. Stormwater management standards and practices.
. Best Management Practices for drainage and erosion control and
sedimentation control.
. 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 shali 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) shail be subject to operational standards a. and b. upon adoption of a
Wahl Lake! or Meridian MRL overiay and operational standards c. and d. when (and
if) approval is granted through a permit review process for mineral extraction
activities in the Wahl Lakef.QLMeridian MRL overlay:
a. The maximum permissible sound level at any and ali receiving properties
outside of the Thorndyke Tree farm shali be 57 dB(A) between 7:00 a.m. and
7:00 p.m. on weekdays and 47 dB(A) on weekends, holidays, and between
7:00 p.m. and 7:00 a.m. on weekdays. Compliance protocol shali be
established during review of future mineral extraction permit application. Any
planned, temporary exceeding of these standards must be authorized
beforehand by the Administrator and documented in the compliance case file.
b. Outdoor lighting shali meet the specifications of the US National Park Service
Interim Design Guidelines for Outdoor Lighting. Building lighting shali be
located high on the structures and include forward throw optics to direct
lighting away from the sides of the buildings and onto the ground. Lighting
required for mineral extraction, processing, and transportation activities shali
be independently mounted (not directly attached to equipment) shali aliow for
a more downward throw of light to further limit the potential for direct light to
reach offsite areas.
c. Transportation options shali be fuliy studied in project action environmental
review, including optimum hours for truck access to SR 104. Transoortation
of anv materials mined from the Wahl Lake orooertv off-site shall be bv truck
onlv.
d. A visual impact mitigation plan shali be a mandatory element of project action
environmental review, including but not limited to the establishment of berms,
vegetative plantings, and other measures to mitigate offs1te visual impacts.
3. Gravel mining operations shail, prior to approval and operation, obtain from the
WaShington Department of Ecology Water Quality Program a nationai Poliutant
- 2 - [Proposed Changes to Conditions. revised 09 14 10 (2)]
.~. '. r
.
Discharge Elimination System and State Waste Discharge General Permit (NPDES)
for process water, storm water and mine dewatering water discharges. All activities
within the MRL overlays shall be subject to the standards of the latest edition of the
Department of Ecology Stormwater Management Manual for Western Washington.
4. 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 BMPs and how they will be employed to
prevent degradation of groundwater. Examples of BMPs are available at the
DCD Permit Center. All necessary technical data, drawings, calculations, and
other information to describe application of the BMPs 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.
5. 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 BMPs established in the reports required above.
6. 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
the Community Development Department verifying that the operation is in
compliance with Olympia Air Pollution Control permit requirements.
- 3 - [Proposed Changes to Conditions - revlsed 09 14 10 (2)]
!t' '.,F
.
.
7. Mining operations located within a designated Aquifer Recharge Area shall engage a
third-party, selection of which is approved in advance by the County, to monitor
compliance with regulations and conditions pertaining to their NPDES/State Waste
DIscharge Permit Reports shall be prepared and distributed as required In the
NPDES/State permit, with copies to the County each month unless the permit
requires quarterly reporting in which case copies will be provided to the County
quarterly~ The County Department of Cemm~nity Dovolopment R'lay 'Naive or r~
~his reElloJirement sased Gn the operator's performancoj
8. MIning operations located within a designated Aquifer Recharge Area shall submit an
annual report to the County evaluating implementation of the Department of
flNatural Resources-approved Surface Mine Reclamation Plan. A qualified,
independent consultant approved by the County shall prepare the report. The report
shall identify how restoration of the site compares to the approved Reclamation Plan
and whether any corrective action is contemplated by the applicant or required by the
Department of Natural Resources. ~he Count)' Department Gf Comn~
~~=:j may waive or rod~co this reEluirement basod OR tho opomter'~
9. The proponent shall submit quarterly inspections prepared by a third party selected
by Jefferson County which examines the activities within the MRL overlay to assure
compliance with the conditions of approval and mitigation measures of applicable
codes, statutes and ordinances. FFlM, Pape ResaHrees, ami aAny floJttlre permit
holders and/or landowners shall allow unlimited access to Jefferson County or other
governmental agencies for the purpose of Inspection and determination of
compliance with applicable conditions of approval and applicable statutes, codes,
~::u~~d~~~nr:~irr~~~;:i:~~~m~F~:0;,~~~~~:Z3~~110pment may 'N3ive ~
10. Uses within the Wahl Lalla area ami Meridian area MRL overlay will be limited to
extraction and transportation via a conveyor system to the Shine Pit hub. No heavy
equipment maintenance or crushing operation shall be allowed in this-the Meridian
Area MRL overlay. ~ses within the Wahl Lake area MRL overlay will be limited t
xtraction and transportation via a conveyor system to the adjacent MRL overlay, N
eavy equipment maintenance or crushing operation shall be allowed in the Wah
rea MRL overlay; however, a portable jaw crusher may be used in conjunction wit
ining. ~m-all
11. Mining will be limited to a maximum depth of ten (10) feet above the seasonal high
water table, which shall be established and monitored pursuant to standard
techniques and verified through independent review as arranged by the County at the
applicant's expense. ~o'Never, after a hydrogeologic analysis. deeper mining ~
rerR'litted GR the '.VaRI Lalle are3 tnroloJgh the County site speoifio permit prGceooj
12. Maximum "disturbed area" [as that term is defined at RCW 78.44.031(5)] size shall
be determined in consultation with Department of Natural Resources but shall not
exceed the lessor of 40 acres or the appropriate size for a specifiC proposed site
- 4 - [Proposed Changes to Conditions - revfsed 09 14 10 (2)]
,
ill: . J
~ .
according to consideration and implementation of the 'best management practices'
promulgated by DNR. Reclamation shall be conducted on an on-going basis,
pursuant to progressive segmental reciamation standards and according to the
specific mining segment sizes and timelines established in DNR-approved
Reclamation Pians.
13. During mining operations, dust shall be controlied by the proponent, through means
of watering or other methods that are acceptable to the SEPA Responsible Official.
14. a.
Transportation of materials from the Wahl Lake area off-site shall be bv truck
onlv.
b. As to the Meridian area onlv: The application for a conveyor and pier facility
for barge loading in the Hood Canal has previousiy received a threshold
Determination of Significance (OS) from Jefferson County, requiring the
preparation of a project action Environmental Impact Statement (EIS).
Transportation of extracted materials to anticipated markets shali be a
component of the environmental review of any extraction permit applications.
Any permit issued shall be based on the transportation methods and
anticipated rate of transport stated in the project application. Subsequent to
extraction project approval, any substantial change in the rate of extraction
associated with that extraction proposal shall require either a new or
amended permit, and potentially a new threshold determination issued by
Jefferson County as is allowed by WAC 197-11-600(3)(b)(i).
15. A periodic review process shall be established in conjunction with any future mineral
extraction or related permits granted for activities in or associated with the current
and newly adopted MRL overlays in the Thorndyke Tree Farm. A five (5) year
intervals from permit issuance, DCD will conduct a periodic review process,
equivalent to a Type II permit process under Section 8 of the UDC, including
applicable pUblic notice provisions and appeal rights, to determine whether the site is
operating consistent with the most current standards and to establish other
conditions as necessary to mitigate identifiable environmental impacts. Written
notice that periodic review Is commencing shall be provided to the public and to
agencies with jurisdiction. The notice shall explain the purpose and intent of the
periOdic review process and other relevant details. ~he Ceunty De;3cl~~
~~~~yp~~~n:;~t mol' woiye or reEluco this requirement b3sed upon th<j
- 5 - [Proposed Changes to Conditions - re1ilsed 09 14 10 (2)]