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HomeMy WebLinkAboutZON202400012_1 STAFF REPORTJEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 3603794450 | email: planning@co.jefferson.wa.us https://www.co.jefferson.wa.us/260/Community-Development Staff Report to the Hearing Examiner Conditional Use Permit Application No. ZON2024-00012 Establishment of a new sand and gravel mining operation August 26, 2025 Prepared by the Jefferson County Department of Community Development, Planning Division FINDINGS A. PROJECT INFORMATION: Landowner/Applicant: Bruce Seton Jr. 4640 S Discovery Road Port Townsend, WA 98368 Representative: Lisa Mahr Northwest Mining Solutions P.O. Box 561 Black Diamond, WA 98010 Location: The 23.6-acre parcel located at 225 Four Corners Road in Jefferson County Washington (APN 001332016). The parcel is situated immediately south of the Jefferson County International Airport, northwest of the intersection of State Route 20 and Four Corners Road. This property is located within Section 33 – Township: 30N – Range 1W. Access: This site is accessed from the west off of State Route 20 through an existing easement crossing through two parcels owned by the Port of Port Townsend. Prior to operation, a WSDOT Access Connection Permit will be required. Property Characteristics: The site on which this Conditional Use will occur is 23.6-acres in size, rectangular in shape, and largely forested. The subject parcel is zoned Rural Residential 1 Unit/10 Acres (RR 1:10). The purpose of this zoning district is to provide a transitional area between the rural residential one per five-acre district and the rural residential one unit per 20-acre district. Its intent is to preserve open space, protect critical areas, provide for the continuation of small-scale agricultural and forestry, and preserve and retain the rural landscape and character indigenous to Jefferson County (per Section 18.15.015 JCC). RR 1:10 zoning allows for mineral extraction activities without a Mineral Resource Land (MRL) overlay on parcels 10 acres or larger through a Conditional Use Permit, per 18.15.040 JCC Table 3-1. The Mineral Extraction, Mining and Reclamation performance standards found in section 18.20.240(1)(b) limits these activities to 10 acres of disturbed area at any one time without an MRL. Existing Conditions On-Site: The parcel is relatively level and forested with an understory and conifers averaging 12-16” in diameter. Within the northwest corner of the parcel, an area of roughly 1.75 acres has previously been cleared of vegetation and excavated to a depth of about ten feet. This area is within the footprint of the proposed mining site. Surrounding Development: The surrounding area contains multiple types of uses and zoning designations. An area of approximately 310 acres located to the north and east of this proposal is zoned Essential Public Facilities – Airport (AEPF). This is the site of the Jefferson County International Airport (JCIA). This zoning district is intended to promote compatible land uses and the long-term economic viability of the JCIA consistent with county goals regarding essential public facilities, the preservation of rural character, and economic development. The airport is owned and operated by the Port of Port Townsend (the Port). To the east are two undeveloped parcels which are part of the AEPF complex owned by the Port. The more southerly of these is a 23.6 acre currently going through a Conditional Use Permit to approve a Binding Site Plan (SUB2005-00007). The purpose of which is to create 11 lots of approximately one acre each, which can then be leased and developed according to the commercial and light industrial uses allowed under AEPF zoning. To the south of the proposed Conditional Use are eight parcels zoned Rural Residential 1 Unit per 5 acres. Seven of these parcels are roughly one acre in size and contain single family residences. The remaining parcel is approximately 5 acres and contains a residence along with a commercial nursery approved through Conditional Use Permits ZON1994-00007 and ZON1995-00002. The residences on these eight parcels are approximately 120 – 150 feet from the northern property line, adjacent the proposed Conditional Use. On the western edge of the parcel, the majority of the property line is bordered by a 10.63-acre parcel zoned RR 1:10 and owned by Jefferson Transit. This site contains the Jefferson County Transit Facility, permitted through ZON2013-00023, approved on February 6, 2014, and implemented through BLD2014-00004, which was completed on August 20, 2015. This complex contains the administrative offices, maintenance and operations center, as well as a fueling and bus wash station. Proposal: The applicant is proposing to establish a new sand and gravel mining operation called the Four Corners Sand & Gravel Pit. The description of the proposal is outlined in the following exhibits: Site Development Review – SDR2024-00227 (Exhibit 3), Project Narrative (Exhibit 4), Project Site Plan (Exhibit 5), Reclamation Plan (Exhibit 6). The intention of this proposal will be to provide construction aggregate for use in local development projects. The mineral extraction process would utilize the western 9.14 acres of the 23.6-acre parcel. The mining would entail excavating down to 30 feet below the current ground level, yielding an estimated 333,000 cubic yards of material throughout the lifetime of the proposal. Because this mining operation is intended to support local projects, the site will operate on an “as-needed” basis. While actual production volumes will be dependent on demand, it’s estimated that 10,000 cubic yards of material will be transported from the site annually. This would require an average of 4-5 truck trips per day (round trip traffic for two to three dump trucks) A 50-foot forested buffer will be maintained between all disturbed areas and the surrounding property lines. Clearing the timber from the site will be done through an FPA Class IV General Permit issued through the WA State Department of Natural Resources (DNR). All topsoil and organic “over-burden” will scaped clear and staged on-site to be used during the final reclamation process. Mining would occur in two phases beginning on the northwest quarter of the site, and proceeding to the southwest quarter of the site. The heavy equipment to be used will consist of excavators, loaders, dump trucks and a portable rock crusher. A haul road will be constructed on the northern wall of the pit. As the pit floor is established and expanded, it will contain a stormwater infiltration pond as well as a processing area. The processing area will host the rock crushing equipment, stockpiles of material, and a shipping container to be used for equipment storage. Upon reaching final depth, the side walls will be graded to a 2:1 slope and the site reclaimed to forestry use. Prior to beginning operations, the proposal will require a reclamation permit from the DNR. Reclamation will occur in accordance with the approved reclamation plans (Exhibit 6). Critical Areas: The Jefferson County Critical Areas Map identifies two types of Critical Areas as existing on this parcel. Geologically Hazardous Area - Seismic Hazard. Also, a Critical Aquifer Recharge Area - Susceptible Aquifer Recharge Area + a Special Aquifer recharge Protection Area. Seismic Hazards are defined by WAC 365-190-030 as areas at elevated risk of damage by earthquake induced ground-shaking and liquefaction. Jefferson County Critical Area Ordinance does not regulate activities or address protection standards within seismic hazard zones. Due to the limited scope of operations and few personnel on-site, seismic hazards constitute a minimal risk to this proposed use. The Critical Area Maps also identify this parcel as being within a Critical Aquifer Recharge Area (CARA) (Exhibit 32). Specifically, a Susceptible Aquifer Recharge Area and Special Aquifer recharge Protection Area (SARPA). JCC 18.20.240 identifies the performance standards applicable to mineral extraction, mining, quarrying and reclamation. A Hydrogeologic Report Addendum by GeoResources dated April 4, 2025, was submitted to address the specific requirements described in 18.20.240 (2)(b) – (h) (exhibit 19). This report assesses the region’s hydrogeologic characteristics and potential impacts to the area’s aquifers. The author determined that the removal of sand and gravel to 30 feet below existing grade is unlikely to negatively impact groundwater resources. JCC 18.20.240 (2)(h)(i) requires that proposals for mineral extraction within a designated critical aquifer recharge area must submit a scope of work and site evaluation report to Jefferson County for review and approval. It has been determined by the Uniform Code Administrator that because mining is not considered a “High Impact Activity” under 18.22.330(1) JCC, and that the elements to be addressed through the site evaluation are covered in the geotechnical assessment and hydrogeologic report addendum, this requirement has been satisfied and can be waived under JCC 18.22.910. This waiver has been submitted and approved by the UDC Administrator, and entered into the record as exhibit 21. Studies Submitted: Geotechnical Assessment by DE-Civil, PLLC, dated February 12, 2025 (exhibit 20). This report provides a geotechnical assessment and civil engineering recommendations for the proposed mining activities. A site visit on January 24, 2025 found no evidence of surface water, erosion or site instability. This report also analyzed well-logs for the 33 known wells within the immediate area of the project. Hydrogeologic Report Addendum by GeoResources, dated April 4, 2025 (exhibit 19). This report addendum supplements DE-Civil’s geotechnical assessment, and also satisfies the requirement by 18.20.240 (2)(b) that “applications for development permits for extraction shall be accompanied by a report prepared by a professional geologist”. It provides detail on the quantity and quality of each type of marketable material present, the lateral extent and depth of deposits, the depth of overburden and methods of extraction. Additionally, this report provides detail on hydrogeologic conditions and addresses the requirements of 18.20.240(h)(ii). Specifically, the permeability of the unsaturated zone, location of nearby sensitive wells, groundwater depths and flow direction, information on wells within one-quarter mile of the subject site, a site map, activity characterization, proposed best management practices and a contingency plan. Required permits: National Pollution Discharge Elimination System (NPDES) Sand & Gravel Permit - Dept. of Ecology Notice of Construction (NOC) – Olympic Region Clean Air Agency (ORCAA) Forest Practice Application – Type IV General Permit– DNR Surface Mine Reclamation Permit – Department of Natural Resources (DNR) WSDOT Access Connection Permit to access to State Route 20. Public Noticing Requirements: Application Received Date: December 17, 2024 Application Complete Date: January 14, 2025 Public Notice of Application: May 15, 2025 (Exhibit 12) Posted on property, May 15, 2025 Mailed to adjacent property owners: May 15, 2025 (Exhibit 13) Sent to Tribes and Agencies: May 15, 2025 Public Comment closing date: May 29, 2025 State Environmental Policy Act Review: The proposal is subject to review under SEPA. Following a staff review of the SEPA checklist, a SEPA memo was drafted to provide clarity to DCD’s position on the applicant’s checklist responses (Exhibits 10 & 11). DCD issued a preliminary Determination of Non-significance was issued by Jefferson County on May 15, 2025 (Exhibit 12). The optional DNS process described in WAC 197-11-355 was utilized. The following summarizes comments received during the two-week Public Noticing Period ending May 26, 2025. The FINAL SEPA determination was issued on August 26, 2025. (Exhibit 15) Mr. Edward Johnson arrived in person at the DCD office on May 19, 2025 to make known his desire to be a party of record for this proposal. Mr. Johnson and his wife own a landscaping nursery on a parcel to the south of the proposed Conditional Use. A letter from his attorney was delivered to DCD on May 27, 2025 (Exhibit 22). This letter contained comments addressing anticipated impacts in the following areas: negative impacts to wildlife habitat, traffic and safety concerns, and an acceptable increase in noise and dust to local residents. The letter stated that to due to the high likelihood significant adverse impacts, and Environmental Impact Statement (EIS) must be created. This letter also contained a number of requests for modifications to the proposal to reduce the expected impacts to adjacent property owners. These requests were as follows: Increasing the forested buffer area from 50-feet up to 100-feet. A request to modify the proposed backslope from a 2/1 length/height ratio to a 4/1 ratio with the intention of creating shallower, safer slopes. To construct a 10-foot or higher earthen berm around the perimeter of the project to deflect noise and increase safety. The fourth request related to the possibility of a second access road being established to the south of mining operation, allowing a connection to Four Corners Road. The property owner requested that the applicant sign an agreement of intent regarding their concerns about starting work on one phase of the project before the previous phase had been completed, the expected longevity of the project, and the intended use for the eastern portion of the subject parcel. Lastly, the property owner expressed concern that the removal of trees would increase the light pollution reaching his parcel from the airport. The applicant responded in writing to Mr. Johnson’s requests on August 7, 2025. A copy of this correspondence was provided to DCD, and is entered into the record as exhibit 23. This letter outlines the reasons in which an EIS was not an appropriate requirement for a project of this scale. It also provided additional information on the expected operations with the goal of reducing the neighbor’s concerns about the anticipated level of activity. The letter does contain two points in which the applicants was willing modify the project to mitigate possible impacts. The applicant agreed to construct a ten-foot earthen berm around the project perimeter to reduce noise and improve safety. Also, the applicant agreed not to pursue a secondary access to the site at this time. Staff comment: With the exception of the northern and western property boundaries where this parcel abuts the airport and Jefferson Transit facility, DCD is recommending a 10-foot-high berm along the perimeter of the excavation area that will be planted with conifers at 15-feet on center. An email dated May 15, 2025 was received from Nicole Gauthier, General Manager at Jefferson Transit Authority (exhibit 26). This email stated, “When reviewing this project, I would like to stress the importance of the bus stop that is located on Highway 20. See below for the Google map. It’s important to Jefferson Transit and the community members that use this bus stop that it is not compromised. There are not a lot of places on Highway 20 where a bus stop is feasible. I would appreciate further information if the site for the access road is changed from the original plans.” Staff comment: According to the “Site Generated Traffic Volumes” memo produced by the applicant (exhibit 8), it is expected that operations will result in 4-5 truck trips per day. It is unlikely that this volume will negatively impact the ability of Jefferson Transit busses to safely access the existing bus stop. An email dated May 15, 2025 was received from Andy Larson with Washington State Department of Transportation (Exhibit 27). It stated: “This notice shows an existing access from this parcel to SR 20, but the permit for that access does not include this parcel. If they intend to directly access SR 20, they will need to apply for that access and provide a Traffic Impact Analysis (TIA) for their impacts to the highway.” Staff comment: After reviewing the “Site Generated Traffic memo” referenced above, WSDOT determined a Traffic Impact Analysis was not necessary. Access Connection Permit # ACP-62359 is under review by WSDOT. An unsigned draft of this permit is included as exhibit 29. An email dated May 14, 2025 from John Fleming, with Jefferson County Public Works (Exhibit 28). It stated that the stormwater design “looked good”, that they had existing access off of State Route 20, and that access off of Four Corners Road would be possible if an easement under the powerlines was granted and a Road Approach Permit was approved through Public Works. Staff comment: No secondary access is being requested at this time. An email dated May 15, 2025 was received from Abi Roberts, with Olympic Region Clean Air Agency (Exhibit 25). It stated that due to rock crushing operations, either a Notice of Construction permit (NOC), or Notice of Intent permit (NOI) would be required. Staff comment: An approved NOC or NOI permit will be required as a Condition of Approval for this proposal. An email dated May 28, 2025 was received from WA State Dept. of Ecology, containing comments from three distinct departments (Exhibit 24). The comments submitted are as follows: SOLID WASTE MANAGEMENT: Derek Rockett (360) 995-3176 All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from your local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional health department or Department of ecology for proper management of these materials. Staff Comment: See comment below in “Water Quality/General Permits Unit”. TOXICS CLEANUP: Dean Malte (360) 999-9584 One underground storage tank (UST) site (Jefferson County PUD No. 1, FSID 7125893) is located within 750 feet of the project area to the south-southwest. The site has two active USTs containing gasoline and diesel fuel. No releases are associated with the USTs at this site, and it does not appear to be a concern for the proposed work. However, if any contamination is unexpectedly encountered anywhere in the project area, it must be reported to Ecology (per WAC 173-340-300) via the online ERTS portal. WATER QUALITY/GENERAL PERMITS UNIT: Eli Newby, Sand & Gravel Permit Manager (360) 763-2633, eli.newby@ecy.wa.gov All new facilities and un-permitted existing facilities that intend to obtain coverage, and permitted existing facilities planning a significant process change must submit a complete and accurate notice of Intent (NOI). The Permittee must submit the NOI no less than one hundred and eighty (180) days before beginning any activity that may result in the discharge of any pollutant. No discharge is authorized until the effective date of permit coverage. Please include all planned activities and associated wastewater discharges to occur under Sand and Gravel General Permit coverage (Permit Conditions S.1, Table1: Sand& Gravel General Permit- Washington State Department of Ecology) in the SEPA checklist and applicable studies to ensure the SEPA decision is appropriate for Ecology permitting without the need for SEPA revision. Please review “Defining the entire proposal” at: Lead agency determination and responsibilities – Washington State Department of Ecology for more information. (emphasis added) Staff comment: The applicant will acquire a Sand & Gravel Permit after receiving approval for this Conditional Use from Jefferson County. Maintaining Ecology permit coverage for the duration of mining operations will be a conditional of approval for this permit. It is not anticipated that any fill will need to be brought on-site for either final regrading or reclamation work. If fill is required, it must be from an approved source and free of any invasive or noxious plant species. B. Notice of Public Hearing In accordance with the Type III permitting process described in 18.40.230 JCC, the public hearing was noticed as follows. (Exhibit 16) Notice of Public Hearing posted on property: August 27, 2025 Notice sent to adjacent property owners and Parties of Record: August 27, 2025 (exhibit 17) Notice posted in Port Townsend Leader: August 27, 2025 (exhibit 18) Public Comment closing date: September 10, 2025 Public Hearing: September 10, 2025 Pursuant to 18.40.810 JCC, a Conditional Use Permit application is processed as a Type III Permit. Any SEPA appeals will be addressed as part of this open record Public Hearing. 18.40.530 Approval criteria for all conditional uses. a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; Applicant response: The proposed mining activity is consistent with the character, design, and appearance of existing and intended development in the vicinity of the subject property. Although located within the RR-10 zoning district, mining is expressly permitted through a Conditional Use Permit (CUP), recognizing its potential compatibility under appropriate site conditions. The subject property is adjacent to the Jefferson County International Airport and is surrounded by multiple parcels owned by the Port of Port Townsend and Jefferson Transit, both of which support transportation and industrial functions. The immediate area is already characterized by heavy industrial uses and transportation infrastructure, contributing to a development pattern that is distinctly non-residential and operational in nature. Given the physical characteristics of the site and its proximity to existing industrial and transportation uses, the proposed mining operation is harmonious with the surrounding land use context and represents an appropriate and compatible use of the property. Staff comment: This parcel is located at the transition between residential and non-residential zoned parcels. To the south are seven RR 1:10 zoned parcels developed with single family residences. To the north is Jefferson County International Airport. The parcel to the East is owned by the Port of Port Townsend, who has applied for a Binding Site Plan under project number SUB2025-00007. This would allow the 23.62-acre parcel to be divided into 11 lots for individual development and light industrial use. The primary parcel to the west hosts Jefferson Transits administrative offices and maintenance facilities. The varied nature of the development in this neighborhood lends itself to the proposed sand and gravel pit. The 50-foot forested buffer will provide a visual screen and help to dampen noise to the surrounding lots. With the exception of the property line adjacent the airport and the Jefferson County Transit Facility, DCD is recommending a 10-foot-high berm to be constructed and planted with conifers at 15 feet on center. b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; Applicant response: All of these aspects are covered within our narrative and supported by studies conducted on-site. This project is a small grading project and will be operation on an as needed basis for small projects within the area. Staff comment: The road to be used for accessing this parcel has been reviewed and approved by WSDOT. Because no permanent structures are being proposed, no water service or wastewater disposal will be on site. Stormwater will be managed by grading all slopes and ditches to direct runoff towards an engineered infiltration pond, which will be addressed in the Ecology NPDES Sand & Gravel Permit for this proposal. (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; Applicant response: This is a small operation that will have limited impacts on the surrounding parcels. Every precaution has been planned for to help minimize impacts. This location was selected due to its proximity to the airport and the need for construction aggregates in the area. Staff comment: Because the purpose of this mining operation is to supply material for regional construction projects, it’s periods of greatest activity will predominately be during construction season, which typically lasts from April through October. This coincides with the months of heightened tourist traffic along SR 20, and increased air traffic at Jefferson County International Airport. This should reduce the likelihood that any new disturbances will cause a nuisance to nearby residential development. (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; Applicant response: The site has incorporated mitigation measures to minimize noise and dust impacts. Crushing operations will occur on an as-needed basis and only during standard working hours as approved by the County. To preserve natural screening, land disturbance will be limited, maintaining, the vegetative setback for as long as feasible. A 50-foot vegetative buffer and 10-foot-high earthen berm will be maintained along the perimeter of the pit. Additionally, water will be used for effective dust suppression during operations. Staff comment: The limited hours of operation will result in the mining operations creating similar patterns of noise disturbances as the adjacent roads and airport. Noise, dust, and vibrations may extend onto adjacent properties. The potential for noise and vibration impacts to adjacent properties should be significantly reduced by the 10-foot earthen berm and 50-foot forested buffer. A conditional of approval will be created that a water-truck will remain available during all dry season operations. See also Section B(1)(a) above. (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties. Applicant response: The site is not expected to have any impact on neighboring parcels in this way. There will be no permanent structures erected. All equipment on site will be temporary. Signs will be placed around the perimeter of the mining limits. A 50-ft vegetated setback will remain from the property boundary to help screen and minimize impacts to the surrounding parcels. Staff comment: There are no permanent structures planned for this this project. Warning signs and an earthen berm around the perimeter will prevent unintentional trespass into areas of active mining operations. Development and use of nearby properties will not be affected. (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel. Applicant response: The site will not produce any pedestrian traffic and will produce minimal amount of truck traffic to the surrounding area. Truck traffic will be based on market need. The Site Generated Traffic Volumes analysis shows that on a peak day the site can produce up to 8 trips in a day. Staff comment: An Access Connection Permit approved by WSDOT must be issued prior to implementing the proposed Conditional Use. Based on the number of employees expected to be on site during normal operations, a bus-stop is not required for this mining proposal. (g) The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; Applicant response: The proposed use complies with Jefferson County Code. See site plans and reports for site details. Staff comment: This Conditional Use meets all applicable development and performance standards within the UDC. (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; Applicant response: The site will have no impacts on the neighboring airport. Staff comment: No permanent lighting or structures are proposed as part of this development. Mining and mineral extraction are not listed among the “prohibited uses” for Airport Overlay II zoning designation per 18.15.452 JCC. All dust generated during operations will be addressed through the Clean Air Authority Permit (ORCAA). To reduce the amount of dust vehicular traffic, DCD recommends that the access and haul roads be graveled. (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; Applicant response: Site operations will be minimal and driven by local market demand. Annual production is estimated at approximately 10,000 cubic yards, resulting in intermittent activity rather than continuous or daily operations. The site will operate only as needed, with production levels adjusted based on regional demand. The site has many mitigation measures in place to reduce the impacts on the surrounding area. Staff comment: The conditional use is being proposed within a forested area with no identified critical areas. The parcel is surrounded on three sides by existing development. The forested, 23-acre parcel to the east, owned by the Port of Port Townsend, is currently the subject of a Binding Site Plan for a light industrial park (SUB2025-00007). Due to the high levels of surrounding development, the forested areas serve more as a visual and noise buffer, rather than beneficial wildlife habitat. The 50-foot forested buffer will allow these functional benefits to be maintained, while the site’s timber will be both harvested and replanted through a Forest Practice Application and Reclamation Permit issued by DNR. (j) The conditional use has merit and value for the community as a whole; Applicant response: The proposed conditional use provides clear merit and long-term value to the community by supporting essential resource development that contributes directly to the local economy. Surface mining operations supply critical material for infrastructure, construction, and public works projects throughout the region. These activities not only create jobs and support local businesses, but also reduce reliance on imported materials, helping keep costs down for public and private development. When responsibly managed, mining serves as a foundational industry that enables growth, supports regional planning goals, and strengthens the economic resilience of Jefferson County. Staff comment: The conditional use will be an economic asset to the community and establish another local source of a material that is necessary for most types of development projects. Creating a new reserve of construction aggregate near Port Hadlock may reduce construction costs within Port Townsend’s urban growth area which will come online once the new sewer system is operational. (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and Applicant response: This project directly aligns with Jefferson County Comprehensive Plan as it supports the economy, will produce jobs, and provides needed materials for growth in infrastructure and transportation. Staff comment: The proposal is consistent with the Comprehensive Plan’s goals and policies. Specifically, Comprehensive Plan Policy NR-P-1.4 which states, “Locate natural resource-based economic activities throughout rural areas in close proximity to designated agricultural, forest or mineral resource lands upon which they are dependent. (l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. Applicant response: The site has many mitigations in place to reduce the effects of the site on the neighboring public. See site plans and accompanied reports for details. Staff comment: The hydrogeologic studies completed for this project have determined that the Conditional Use poses very little threat to the underlying aquifer. No cumulative impacts are anticipated as none of the light-industrial uses occurring on or proposed for adjacent parcels involve the extraction of raw materials. C. ADDITIONAL ANALYSIS: 18.20.240(1)(b) Mineral extraction, mining, quarrying and reclamation Staff comment: Mining operations will be limited to the western 9.14 acres of the parcel, with the remainder of the site to remain undisturbed. This is a requirement under 18.20.254(2)(a) JCC, which states that “Any proposed mineral extraction which would create disturbed areas in excess of 10 gross acres shall require a Mineral Resource Land Overlay designation”. 18.30.170(1)(d) Storage of Soil, Sand, Salt and Other Erodible Materials. Staff comment: Construction and erosion control BMPs will be used during site clearing and development to prevent impacts to the surrounding area. With the exception of the north and west property boundaries abutting the airport and transit facility, the ten-foot earthen berm constructed around the perimeter of the project site will prevent material from being blown or washed onto adjacent parcels. 8.70 Noise Control Staff comment: JCC 8.70 cites the MAXIMUM ENVIRONMENTAL NOISE STANDARDS described in WAC 173-60. As described in WAC 173-60-040, the maximum permissible environmental noise levels leaving an industrial site is restricted to 65 dBA before entering a commercial use, and 60 dBA for a residential property. A standard rock crusher produces around 85 dBA. The area in which operations will initially occur is within the existing ten-foot-deep excavation. This processing area is within the northern portion of the project area and is approximately 500 feet away from the nearest structure. The applicant states that the existing pit will reduce that by 10-15 dBA. The 10-foot-tall earthen berm will further reduce noise volumes. Forest’s reduce sound by approximately 5 dBA per 100 feet. While the depth of the forested area will shrink as the pit expands, the additional depth should keep the noise volume within acceptable levels. The hours of operation will be 7a.m to 7p.m Monday through Friday, as specified in 18.20.240(2)(f) JCC. 18.15.405 Airport Overlays The subject parcel is within Airport Overlay 2. The proposed use is not included among the Prohibited uses listed in 18.15.430. The proposed use does not encourage the gathering of high concentrations of people. 18.15.445 Comment by the Port of Port Townsend The Port of Port Townsend received an email notifying of a SEPA Notice of Application on May 14, 2025. No comments were received. 18.15.450 – approval criterion – Conditional use permits Prior to approval of a conditional use permit for a use located within Airport Overlay II, the administrator and/or hearing examiner shall make the following finding: “the proposed use is compatible with ongoing flight operations conducted at the Jefferson County International Airport Essential Public Facility.” [Ord.8-06-1] Staff comment: The Port of Port Townsend did not comment on this proposal. Jefferson County’s Uniform Development Code Administrator has determined that the proposed Conditional Use satisfies this requirement. RECOMMENDATIONS BASED ON ANALYSIS: Based on the foregoing findings, analysis, and conclusions, the Planning Division recommends that the Hearing Examiner APPROVE the application for the conditional use permit (ZON2024-00012) proposed sand and gravel mining operation, with the following conditions of approval. 1. Prior to implementation of the proposal, the applicant shall obtain the following permits: - a General Sand and Gravel Permit for the WA State Department of Ecology - a Reclamation Permit from the WA Department of Natural Resources - a Notice of Construction (NOC) from the Olympic Region Clean Air Agency - a Class IV General Forest Practice Application from the WA State Department of Natural Resources 2. All individuals working at this location must be notified that the operation lies above an aquifer recharge area, and must be provided annual training on the best management practices as required per 18.20.240(2)(vii) JCC. 3. A report summarizing compliance with conditions of WA State Department of Ecology NPDES Sand & Gravel permit must be submitted quarterly, as required per 18.20.240(2)(h)(ix) JCC. 4. A report outlining the measures taken during the previous year to implement the approved Reclamation Plan will be submitted to DCD annually. 5. With the exception of the northern and western property boundaries bordering Jefferson County International Airport and the Jefferson Transit facility, a ten-foot-tall earthen berm must be constructed between the perimeter of the mining site and the adjacent properties. This berm is to be planted with conifers at 15-feet on center, which shall be maintained throughout the lifetime of the mining operations. 6. The conditions developed for this Conditional Use Permit application were based on information provided by the applicant and other elements of the public record. Therefore, the proposed use shall be conducted in substantial conformance with the application, site plan, and other submittals included with the application, and as modified herein. 7. The proposal shall comply with the WA State Department of Ecology’s guidelines in WAC 173-60 Maximum Environmental Noise. 8. The allowable hours of operation are from 7am to 7pm Monday to Friday. Additional hours of operation may be authorized for emergency purposes by the Administrator per 18.20.240(2)(f) JCC. 9. Any signage necessary for this operation shall conform to the development standards described in 18.30.150 JCC. 10. A water truck must be available during hours of operation to suppress dust. The operator shall ensure that mineral extraction will be done in a manner that will ensure that dust does not does not leave the property and impact adjacent landowners. 11. The access and haul roads serving the site shall be graveled to reduce the volume of dust generated through vehicle traffic. 12. Any material accepted at the proposal shall be limited to clean fill material only. The proposal shall not accept concrete, asphalt, excessive (over 5% by volume) woody debris and yard clippings, building demolition or construction debris, soils and dredged materials that would be considered dangerous or hazardous as defined by the WA State Department of Ecology. Attachment A: FOUR CORNERS SAND & GRAVEL, ZON2024-00012 EXHIBITS LIST Exhibit 1 Staff Report for new mining operation dated August 25, 2025 Exhibit 2 Permit applications Exhibit 3 Site Development Review – SDR2024-00227 Exhibit 4 Project Narrative by Northwest Mining Solutions, dated July 13, 2024 Exhibit 5 Project Site Plan, dated December 17, 2024 Exhibit 6 Reclamation Plan by Northwest Mining Solutions, dated December 17, 2025 Exhibit 7 Engineered Stormwater Report by Clear Creek Solutions, dated June 28, 2024 Exhibit 8 Site Traffic Analysis by Northwest Mining Solutions, date August 7, 2025 Exhibit 9 Inadvertent Discovery Plan, dated April 23, 2025 Exhibit 10 SEPA Checklist, dated December 17, 2025 Exhibit 11 SEPA Memo, dated May 14, 2025 Exhibit 12 Notice of Application/Preliminary SEPA Determination, dated May 15, 2025 Exhibit 13 Certificate of Mailing, dated May 16, 2025 Exhibit 14 Affidavit of Publishing, dated May 15, 2025 Exhibit 15 Final SEPA Determination, dated August 26, 2025 Exhibit 16 Notice of Public Hearing/Final SEPA Exhibit 17 Certificate of Mailing, dated August 27, 2025 Exhibit 18 Affidavit of Publishing, dated ____________ Exhibit 19 Hydrogeologic Report Addendum – GeoResources, dated April 4, 2025 Exhibit 20 Geotechnical Assessment – DE-Civil, PLLC., dated February 12, 2025 Exhibit 21 Approved Waiver to Site Evaluation Report, dated August 7, 2025 Exhibit 22 Letter from MDK Law in response to Public Notice, dated May 22, 2025 Exhibit 23 Response to MDK letter by Northwest Mining Solutions, dated August 6, 2025 Exhibit 24 Emailed letter from Dept. of Ecology dated May 28, 2025 Exhibit 25 Email from Olympic Region Clean Air Authority, Dated May 15, 2025 Exhibit 26 Email from Jefferson Transit, dated May 15, 2025 Exhibit 27 Email from Washington State Dept. of Transportation, dated May 15, 2025 Exhibit 28 Email from Jefferson County Public Works, dated May 14, 2025 Exhibit 29 WSDOT Access Connection Permit signed by applicant, dated August 20, 2025 Exhibit 30 Assessor Parcel Map Exhibit 31 Assessor Map – Zoning Designations Exhibit 32 Critical Area Map – Critical Aquifer Recharge Areas Exhibit 33 Critical Area Map – Seismic Hazard Areas Exhibit 34 Letter from neighbor, dated September 4, 2025