HomeMy WebLinkAboutZON2024-00012_exhibit_34_letter_from_neighbor'44 z+AE
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AT PORT TOWNSEND
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September 4, 2025
Mr. Andrew Gosnell
Jefferson County
Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
321 Four Corners Road, Port Townsend, WA
Email: gardenspt@gmaiI.com
Tel: 360-385-3655
LOG ITEM
page T
Subject: Response to SEPA Comments for the Four Corners Sand and Gravel Pit ZON2024-00012
Dear Mr. Gosnell,
Thank you for giving me as owner of the Gardens at Port Townsend the opportunity to submit additional
information for the record to clarify our concerns prior to the September 10ths Hearing Examiner's
meeting (We will be identified in this document as "The Gardens". Please let me clarify that we are not
opposing the DNS finding. The purpose of this letter is to seek mitigation of the conditions proposed by
Seaton Construction should SEPA be approved.
We will be drawing from the following documents:
• Lisa Mahr's Northwest Mining Solutions letter sent to us on August 6th, 2025.
• The SEPA check list Mrs. Mahr submitted on behalf of Seaton construction.
• The SEPA determination of non -significance (DNS) issued by Jefferson County.
• RCW and WAC law.
• The Jefferson County Comprehensive Plan.
My original response was sent to you on May 22, 2025, from my attorney, Mark D. Kimball and his
associate Octavian Pop at MDK Law in Bellevue Washington. We expressed several concerns regarding
this open pit mine proposal including:
■ The request for an EIS study.
■ Habitat or Wildlife Disruption.
■ Traffic and Safety Concerns.
• Noise, Dust, and Air Pollution.
• Impacts on Locals.
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We also requested certain mitigating conditions be met.
• 100-foot minimum vegetated buffer.
■ A 10 foot or higher earthen berm around the mining perimeter.
• 4/1 backslope in the excavated area.
• Denying construction of a second access road.
• Modifying'the Airport Light Beacon.
The request for an EIS Study
Mrs. Mahr Rejected our request for an EIS study largely based on the size and productivity of the mining
pit. She maintained The SEPA checklist adequately addressed all issues. We disagree.
The SEPA checklist signed by Seton Construction on April 22, 2022, downplays, confuses, and
misrepresents the impacts from this mining operation.
B. Environmental Elements
(Mr. Seaton)
b. The site has "0 to 8% slopes.
(The Gardens)
The SEPA letter includes a geographical map clearly indicating existing excavation. This excavation has
been in existence since we bought the Gardens 13 years ago. Its borders are 10-to-15-foot vertical cliffs
with unstable undercuts. This practice indicates a lack of accountability to the safety of the
neighborhood and wildlife and is not consistent with governmental slope regulations. Please include
provisions that will compel Seaton Construction to honor their promises made in the SEPA review.
(Mr. Seaton)
e. "Only 9.14 acres will be disturbed on the western portion of the 23.6-acre parcel... Excavation will
occur in two phases. The northern 4.5 acres will be excavated first then the southern 4.64 acres." Yet,
Mr. Seton states, "both phases may be excavated at the same time based on [market demands]. They
also maintain, "it will take years before any clear cutting up to our setback will occur."
(DCD letter of May 14, 2025)
(The Gardens)
Mr. Seton has expressed in past conversations with me a desire to ultimately mine the entire 23.6-acre
parcel. Please hold him to his promise and condition the eastern half of the parcel to a separate SEPA
review with additional conditions. Restrict logging the southern 4.64 acres of the proposal till after the
northern 4.5 acres is fully reclaimed.
Based on Mr. Seaton's projections "approximately 330,000 cubic yards of material will be excavated at
an estimated rate of 10,000 cubic yards per year." At this rate it will take over 33 years to play out this
pit. We believe that estimate will be vastly accelerated [based on market demands] resulting in greater
and almost permanent negative environmental impacts to the surrounding neighborhood. Please hold
them to this estimated rate.
4. Plants
e. List all noxious weeds and invasive species.
(Mr. Seaton)
"None."
(The Gardens)
Large colonies of scotch broom are growing on or in front of the Seton's proposed pit haul access to
Four Corners Road adjacent to our property. Every year their seeds blow into our property resulting in
large outbreaks of this noxious and invasive weed. Every spring we spend days digging up dozens of
new plants. Please invoke conditions to eradicate the scotch broom.
7. Environmental Health
B 2. Noise.
(Mr. Seaton)
"Noise will be generated from the use of Heavy Equipment" (loaders dump trucks and excavators) "and
crushing operations."
(The Gardens)
The public notice published in the Leader newspaper on August 27, 2025, revealed that Seaton
Construction is now proposing installing a concrete batch mixing plant. Noise studies indicate that
dump trucks, excavators, and loaders generate 70 to 80 decibels of noise 50 feet from the source.
Concrete batch plants generate close to 90 decibels of noise 50 feet from the source. Jefferson county
noise regulations stipulate noise from any operation should not exceed 48 decibels at the property line.
An excavator operating within 50 feet of residential property lines (50-foot proposed setback) will far
exceed County regulations and should be subject to further setback distances. An EIS noise study would
demonstrate this need.
B 3. Proposed measures to reduce or control noise impacts.
(Mr. Seaton)
Site will maintain a heavily vegetated buffer.
(The Gardens)
Noise studies adopted by the Washington State Department of Transportation state that vegetation
alone does not reduce noise transmission. A Ten foot or greater earthen buffer in addition to the 50-
foot vegetated setback agreed by Mrs. Mahr will help deflect noise generated in the pit. But an
additional 50-foot vegetated setback will help satisfy the noise regulations due to the added distance.
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8. Land and Shoreline Use
a. Will the proposal affect current land uses on nearby or adjacent properties?
(Mr. Seaton)
"The proposal will not effect adjacent properties."
(The Gardens)
The Gardens at Port Townsend have been in existence for nearly 40 years. The community relies on its
plant sales. In addition, the Gardens offers a "Destination" as requested by the community as a pleasant
place for people to visit. It has historically offered folks the opportunity to wander through our two
acres of demonstration gardens. Folks have attended several classes from sand garden casting to
wreath making. We have four regulation arenas to offer dog exercise and to host events authorized by
Jefferson County regulations. Noisy rock crushing equipment haul trucks and concrete batch plants will
certainly have a negative impact on the quality of the public's experience.
m. Proposed measures to ensure the proposal is compatible with existing and projected land uses and
plans.
(Mr. Seaton)
Obtaining Proper Permits.
(The Gardens)
The Jefferson County Comprehensive Plans County -wide Planning policies promote light industrial and
commercial development. The Jefferson County port authority has done an excellent job planning
development on land from highway 19 to highway 20 on the south side of Jefferson County airport.
Obtaining an urban planning degree from the University of Washington and my 32 years of Civil
Engineering work with The Washington State Department of Transportation, I have come to appreciate
the importance of creating a harmonic urban fabric. The proposed light industrial and commercial
development originating from Prospect Street on SR-19 spans nearly a mile to the proposed Four
Corners Pit. This project deviates less than 10 feet from original grade until it reaches the Pit. The
development will "drop off a cliff" here at a proposed two to one slope 30 feet deep. We propose a
gentler slope transition to allow for continuous commercial development. Mr. Seaton may find that
working proactively with the Port Authority may be more lucrative than returning the pit to forest land.
Standard urban practices recommend built environments do not exceed a 15% slope to increase the
constructability of buildings and utilities.
RCW 78.44.141 Reclamation minimum standards for surface mines: (4a):
(i) Shall have varied steepness.
(ii) Have a sinuous appearance in both profile and plan view.
(iii) Have no large rectilinear topographic elements.
(iv) Generally have slopes of between 2.0 and 3.0 feet horizontal to 1.0 foot vertical or flatter
except in limited areas.
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11. Light and Glare
d. Proposed measures to control and reduce light and glare impacts.
(Mr. Seaton)
"None. No impacts are expected."
(The Gardens)
Clearcutting the vegetation prior to excavation will further expose residential properties to the direct
strobe of airport beacon lighting. We request that Seaton Construction work with Jefferson County
Airport to place a conical shroud around the base of their beacon to direct lighting upward for aircraft
above residential homes' windows rather than summarily dismissing it as none of their business.
12. Recreation
c. Proposed measures to reduce or control impacts on recreation.
(Mr. Seaton)
None.
(The Gardens)
Four Corners Road is a major recreational corridor for bicyclists and pedestrians. Pedestrians walk to
the Jefferson County Transit Center along this corridor. It is a major access to reach the Larry Scott Trail
from all points east. Adding more Heavy dump trucks via the proposed Four Corners Road Access
increases the risk of accidents and the danger of discharged of rock materials while in motion. Pit access
should be confined to the easement via SR 20.
14. Transportation
a. Identify public streets and highways... describe proposed access to the existing street...
(Mr. Seaton)
"None."
(The Gardens)
Seaton Construction has submitted a request to Jefferson County to add a second haul road from the pit
to Four Corners Road across the eastern half of their parcel and adjacent to our property. This road
would be built within 50 feet of our east property line. Jefferson County dissuades two pit accesses in
the Comp Plan. Jefferson county stated that the SR 20 access is preferred as it has no residences
adjacent to it and few recreational vehicle conflicts. This haul road would cause major degradation to
our dog training field and nursery via dust and noise and visual contamination. Mining studies across
the nation have addressed this issue and recommend only one access road away from residential and
commercial development.
Thank you for your consideration of our concerns. We are looking forward to meeting with the hearing
examiner on September 10th, 2025.
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Sincerely,
Edward Johnson/ Owner
The Gardens at Port Townsend
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