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HomeMy WebLinkAboutDECISION HX Four Corners Sand & Gravel, Decision approving Conditional Use Permit FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 1 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 Before Hearing Examiner Gary N. McLean BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY Application for a Type III Conditional Use Permit to authorize development and operation of a new sand and gravel mining operation, known as “the Four Corners Sand & Gravel Pit,” submitted by BRUCE SETON, JR. Applicant/Property Owner [Agent/Representative: Lisa Mahr, with Northwest Mining Solutions] (Location: 225 Four Corners Road, a 23+acre site situated immediately south of the Jefferson County International Airport, NW of the intersection with SR 20 and Four Corners Road, in unincorporated Jefferson County on Parcel No. 001332016) _________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. ZON2024-00012 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION APPROVING CONDITIONAL USE PERMIT I. SUMMARY OF DECISION. The applicant presented a preponderance of evidence establishing that its pending Type III Conditional Use Permit application merits approval, subject to conditions. II. APPLICABLE LAW. As explained in this Decision, the applicant’s project requires a Type III Conditional Use Permit with public notice, public hearing, and a decision by the Jefferson County Hearing Examiner. The project also requires State Environmental Protection Act (SEPA) review resulting in a threshold determination, which was a Determination of Non-Significance FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 2 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 (DNS) for this proposal. Basis and Criteria for approval of Conditional Use Permit. There is no dispute that the applicant’s proposed new sand and gravel mining operation in the County’s RR 1:10 zoning district requires a Conditional Use Permit. (See JCC 18.15.040 Categories of land use, Table 3-1, Allowable and Prohibited Uses, confirming that mineral extraction activities can be authorized on parcels 10 acres or larger without a Mineral Resource Land (MRL) overlay through issuance of a conditional use permit (“C”) in the RR 1:10 zone). The Mineral Extraction, Mining and Reclamation performance standards found in JCC 18.20.240(1)(b) limits such activities to 10 acres of disturbed area at any one time without an MRL overlay. (Staff Report, pages 1, 2). The criteria for approval of a conditional use permit (CUP) are found at JCC 18.40.530(1), which reads as follows: JCC 18.40.530 Approval criteria for all conditional uses. (1) The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)” or “C”) if all of the following criteria are satisfied: (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; (b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (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; (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; (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; FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 3 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 (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; (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (j) The conditional use has merit and value for the community as a whole; (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and (l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. Jurisdiction of Hearing Examiner. The County Code vests the Hearing Examiner with authority to hear and issue decisions on applications for Type III land use decisions. (See JCC 18.40.520(3) “Applications for uses listed as a “C” in Table 3-1 in JCC 18.15.040 shall be processed according to the procedures for Type III land use decision established in Article IV of this chapter.”; and JCC 18.40.040, explaining Project permit application framework, Table 8-1, types of permits, decisions required, and Table 8-2, showing final decision made by the Hearing Examiner on Type III land use matters). SEPA threshold determination for this project stands unchallenged. JCC 18.40.810(3) provides that SEPA Threshold Determinations for Type III Permits, like the applicant’s pending conditional use permit application, may be appealed to the hearing examiner. There is no dispute that the SEPA Determination of Non-Significance (DNS) issued for this proposal, included in the record as Exhibit 15, was not appealed, so the DNS stands unchallenged for purposes of considering the applicant’s requested conditional use permit. // // // FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 4 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 III. RECORD. All exhibits entered into evidence as part of the record, and an audio recording of the public hearing, are maintained by the County, and may be examined or reviewed by contacting the County’s public records officer. Exhibits: 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, 2024 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 Publication, confirmation of public notice Exhibit 19 Hydrogeologic Report Addendum – GeoResources, dated April 4, 2025 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 5 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 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 form, signed by applicant, dated August 20, 2025, without any signature by a WSDOT official. *(This document is referenced as a “draft” permit in the Staff Report on page 6; Final, permit reflecting WSDOT official signature, digitally signed on 11/04/2025, received by the Examiner on 12/02/2025, has been added to the record as Ex. 35). 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 Ed Johnson dated September 4, 2025 Exhibit 35 WSDOT Access Connection Permit, signed by WSDOT official on Nov. 4, 2025, added to the record by the Examiner upon receipt from Staff on Dec. 2, 2015. Testimony: The public hearing for this matter was conducted using an online audio/video platform coordinated by County staff, accessible to parties and members of the public using sign-in details provided in public notices. The following individuals provided testimony under oath during the public hearing: 1. Andy Gosnell, Associate Planner for Jefferson County Department of Community Development, summarized key portions of the Staff Report, his analysis of the proposal, comments and concerns expressed by adjacent property owner, Mr. Johnson, and the applicant’s response/changes to proposal in light of such comments, and recommended conditions of approval. Responded to issues and questions raised by the Examiner, and FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 6 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 provided information in response to public comment; 2. Lisa Mahr, with Northwest Mining Solutions, for the applicant, summarized proposal, additional permits from other agencies noted, described phasing of operations, replanting of areas once mined and complete, limits on operations, modifications to address some of neighbor’s written requests, accepted the Staff Report analysis and recommended conditions of approval; responded to Mr. Johnson’s comments, noted that the proposed berm will feature a peak, and will be mostly vegetated, that the business has no plans to expand, that the 50-foot treed buffer plus 10-feet high berm that is about 40-feet wide will provide about 90 feet of genuine separation and mitigation for Mr. Johnson’s property; 3. Bruce Seton, Jr., the applicant and property owner, appeared during the hearing, was available to address any comments or questions, relied on Ms. Mahr as the primary applicant representative through the hearing; and 4. Ed Johnson, adjacent property owner, where he operates a nursery business known as “The Gardens at Port Townsend”, submitted written comments that are included as part of the record, reiterated concerns expressed in writing about possible noise and other impacts from the proposed sand and gravel operation; See Ex. 34, letter from Mr. Johnson, dated Sept. 4, 2025, where he confirms that he is not opposing the DNS finding, but seeks mitigation he believes to be warranted; sought clarification on berm size, slope, vegetated buffer, wants berm to be in addition to 50-foot buffer between mining operations and his property. Site Visits: The Examiner personally visited the project site looking in from surrounding roads, observing surrounding properties in the area, and natural screening of features on the project site. IV. FINDINGS OF FACT. Based on the record, and following consideration of all the evidence, testimony, codes, policies, regulations, and other information included therein, the undersigned issues the following findings of fact: 1. All statements of fact included in previous or following sections of this Decision, including without limitation those included in the Background summary, that are deemed to be findings of fact are incorporated by reference into this section as findings of fact issued by the Hearing Examiner. Captions used in this Decision are for the convenience of the reader and should not be read to modify the meaning of any particular finding. 2. The application at issue in this hearing process is for a Type III Conditional Use Permit that would authorize . The SEPA Determination of Non-Significance (DNS) issued for this project was not appealed, so it stands as issued for purposes of considering the pending application for a conditional use permit. 3. Olympic Peninsula Community Action Programs (OlyCAP) is the applicant for the FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 7 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 requested conditional use permit on property leased from the owner, Jefferson County, which recommends approval of the pending application, subject to appropriate conditions of approval. Location. 4. The project site is currently addressed as 225 Four Corners Road, a 23+acre site situated immediately south of the Jefferson County International Airport, NW of the intersection with SR 20 and Four Corners Road, in unincorporated Jefferson County on Parcel No. 001332016. (Staff Report; Application materials). 5. The subject parcel is zoned RR 1:10 (Rural Residential, 1 Unit/10 acres). (Staff Report, page 1). 6. The project site, surrounding properties, and the proposed access easement accessing SR 20 to the northwest of the project is generally depicted on the following illustration: (Screenshot of Project Site map, with surrounding properties and access route shown, derived from Ex. 6, Reclamation Plan sheets prepared by Northwest Mining Solutions, date Dec. 17, 2024, Sheet 2 of 7, on .pdf page 36 of 82 on County’s consolidated-electronic file of Exhibits 1-7). FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 8 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 7. The only adjacent property owner who submitted substantive written comments and public testimony during the public hearing, Mr. Johnson, owns and operates a landscaping/nursery business on the property marked with an “8” on the site map provided above. (Testimony of Mr. Johnson; Ex. 22, comment letter submitted by Mr. Johson’s attorney; Ex. 34, letter from Mr. Johnson). Jefferson County online property records confirm that Edward and Yumiko Johnson have owned the property, addressed as 321 Four Corners Road, assigned Parcel No. 001333033, since 2013. Project Description: 8. The unchallenged Staff Report summarizes the applicant’s proposal (“Project”) as follows: 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). (Staff Report, proposal description on pages 2 and 3). 9. The applicant provided an informative and candid written summary of some key FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 9 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 restrictions and requirements for this mining project, highlighting mitigation measures and best management practices that will be implemented as the project is developed and operated, all in response to written public comments, included in the record as Ex. 23. 10. For instance, the Washington State Department of Natural Resources (DNR) requires phased mining and reclamation for ongoing operations. To comply with these regulations, the site must complete mining and reclamation within each phase before advancing to the next. This requirement is incorporated into the site's approved Reclamation Plans and will be enforced by the DNR's Mining and Reclamation Division. (Ex. 23, Applicant’s response to written comments and requests for specific mitigation measures submitted on behalf of Mr. Johnson, on .pdf page 59 of 91 of consolidated file materials). 11. The remainder of the parcel is intended to remain designated for forestry use, with no plans for future mining outside the approved permit boundary. Any activity beyond the permitted area would be subject to strict enforcement by the Department of Natural Resources (DNR) and would require corrective actions involving significant time and cost. Seton Construction, Inc. confirmed that they have no interest in expanding operations into that portion of the property. (Ex. 23). 12. The duration of the mining operation will be determined by market demand. With an estimated annual output of approximately 10,000 cubic yards, the site could potentially remain active for up to 33 years. However, operations will occur on an as-needed, job-by-job basis. As such, the exact lifespan of the mine cannot be definitively projected at this time. (Ex. 23). 13. The applicant’s written response to written comments submitted on behalf of Mr. Johnson, included in the record as Ex. 23, is a detailed and good faith effort to address several of his main concerns. For instance, the applicant’s response confirms that they are: “willing to construct an earthen berm at least 10 feet in height around the project perimeter to help mitigate noise, enhance safety, and reduce visibility into the operational area. Additionally, the site will install perimeter signage as required, warning of potential hazards associated with mining activities to discourage unauthorized access”; and that they are “willing to maintain a single access road to State Route 20, and will not seek a secondary access at this time.” (Ex. 23, on .pdf page 59 of 91 in the consolidated file materials). 14. As recommended by County Staff, both of these measures are now included as Conditions of Approval for this conditional use permit. Review process. 15. There is no dispute that this application must be processed as a Type III Conditional Use Permit with a public hearing and decision by the Jefferson County Hearing Examiner. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 10 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 (Staff Report, page 7; See JCC 18.40.520(3) “Applications for uses listed as a “C” in Table 3-1 in JCC 18.15.040 shall be processed according to the procedures for Type III land use decision established in Article IV of this chapter.”; and JCC 18.40.040, explaining Project permit application framework, Table 8-1, types of permits, decisions required, and Table 8- 2, showing final decision made by the Hearing Examiner on Type III land use matters). 16. As explained in the Staff Report, this application has been subject to a thorough review process, with ample public notice and opportunities for members of the public and relevant agencies to offer comments. Written comments received are addressed in the Staff Report, and those received on the date of the hearing were addressed in credible, sworn testimony provided by Staff and applicant witnesses during the public hearing. As of the date of this Decision, no one submitted testimony or written comments that would rebut the analysis and findings in the Staff Report, which establishes how the pending application, subject to appropriate conditions of approval, satisfies applicable codes and requirements and merits approval. 17. Following public notice, consideration of public comments received and other relevant environmental information, the County’s SEPA Responsible Official issued a Determination of Non-Significance (DNS) for this application on or about August 26, 2025, which threshold determination was not appealed as allowed by County codes. Accordingly, the County’s SEPA determination stands unchallenged and unrebutted for purposes of considering this Conditional Use Permit Application. (See Exs. 10, 11, 12, 15, for SEPA Checklist, SEPA Memo, Preliminary SEPA Determination issued in May of 2025, and Finals SEPA Determination, issued in August; also see Ex. 34, letter from Mr. Johnson, dated Sept. 4, 2025, where he confirms that he is not opposing the SEPA DNS issued for this project). Upon consideration of all evidence and comments included in the Record, the Examiner finds and concludes that there is insufficient evidence that would serve as a basis to deny the requested conditional use permit, subject to conditions. 18. The unrebutted Staff Report credibly explains how the application materials, as conditioned, will comply with all applicable development regulations. As Conditioned, the pending application satisfies the approval criteria for a Conditional Use Permit. 19. JCC 18.40.530(1) lists 12 criteria (numbered a-l) that must be satisfied in order to approve a conditional use permit. Each of those considerations are credibly and thoroughly addressed in the Staff Report, with agreement from the applicant during the public hearing. The Examiner adopts such findings for each item as modified or republished in the following subsections, all of which are findings of the Examiner confirming that the application satisfies, or can be conditioned to satisfy, each approval criteria. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 11 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 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; 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. The project 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 Transit’s 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, County staff is recommending a 10-foot-high berm to be constructed and planted with conifers at 15 feet on center. This is included as a Condition of Approval for this project. Conditions of approval that are reasonable, supported by the record, and capable of accomplishment are included as part of this approval to ensure that the project is consistent with applicable provisions of the County’s Unified Development Code, and appropriately reflects consideration of uses on neighboring properties, environmental stewardship, and other public interests. b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and storm water control; FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 12 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 Each of these considerations are credibly addressed in the applicant’s project narrative and supported by studies conducted on-site, copies of which are included as part of the application materials. The road to be used for accessing this parcel has been reviewed and approved by WSDOT, with the final, signed approval now included in the record as Exhibit 35. (Ex. 35, WSDOT Access Connection Permit, signed by WSDOT official on Nov. 4, 2025, added to the record by the Examiner upon receipt from Staff on Dec. 2, 2015). 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; The applicant credibly explained that their project location was selected due to its proximity to the airport and the need for construction aggregates in the area. Staff credibly notes that because the purpose of this mining operation is to supply material for regional construction projects, the 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; The project design and development plans incorporate mitigation measures to minimize noise and dust impacts. For instance, 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. The limited hours of operation should 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 is included to require a water-truck that shall remain available during all dry season operations. (e) The location, size, and height of buildings, structures, walls and fences, and FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 13 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties. 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. Warning signs and an earthen berm around the perimeter should prevent unintentional trespass into areas of active mining operations. As conditioned, the project will not unreasonably interfere with allowable development or use of neighboring properties. (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. The applicant’s project is not expected to generate any pedestrian traffic. The Site Generated Traffic Volumes analysis shows that on a peak day the site can produce up to 8 trips in a day. An Access Connection Permit approved by WSDOT in early November is now included in the record as Ex. 35. Based on the number of employees expected to be on site during normal operations, a bus-stop is not required for this mining proposal. Given these facts, the Examiner finds and concludes that the applicant’s conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel. (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; As conditioned, the proposed use complies with all applicable provisions of the Jefferson County Code, including without limitation those addressing mineral extraction, mining, quarrying, and reclamation; storage of soil, sand, salt and other erodible materials; noise control; and any applicable airport overlay regulations. (See Staff Report, analysis on page 11, citations to relevant county code provisions; and see site plans and reports for site details). (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; 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 a condition of approval mandated that the access FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 14 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 and haul roads shall be graveled. This Examiner has included such measure as a condition of approval for this permit. (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; The applicant credibly estimates that annual production will be 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. 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; The applicant credibly established that their proposed conditional use 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 credibly explained that 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 The proposal is consistent with relevant provisions in the County’s Comprehensive Plan, including without limitation Comprehensive Plan Policy NR-P-1.4 which states: “Locate natural resource-based economic activities throughout rural areas in close proximity to FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 15 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 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. 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. 20. The unrebutted Staff Report summarizes how this proposal has been designed to, or can be conditioned to, comply with all applicable criteria in County codes. Conditions of approval mandate compliance with state, federal, or other agency requirements that might apply to any aspect of the project or its operations. 21. As explained for the approval criteria listed above, subject to strict compliance with all conditions of approval and diligence by the permittee to ensure that all conditions are fully and consistently satisfied, the Examiner finds that the proposed conditional use should not introduce nuisance conditions or unreasonably impact existing uses in the vicinity of the subject parcel, so the public interest should suffer no substantial detrimental effect. The Staff Report indicates that there are no similar actions proposed in the area, so there should be no cumulative effects. 22. Based on more than a preponderance of evidence in the record, and for reasons explained in the previous findings, the Examiner finds and concludes that, as conditioned, the proposed Four Corners Sand & Gravel use satisfies all of the approval criteria for a Conditional Use Permit set forth in JCC 18.40.530(1). 23. Following receipt of public notices regarding this project, the Port of Port Townsend, as the operator of the neighboring airport facility, did not provide any comments. Subject to strict compliance with all conditions of approval included as part of this Decision, the Examiner finds and concludes that the applicant’s proposed sand and gravel mining operation use is compatible with ongoing flight operations conducted at the Jefferson County International Airport Essential Public Facility, satisfying JCC 18.15.450. (See Staff Report, discussion and analysis on pages 11 and 12). 24. Except as modified in this Decision, the Staff Report’s unrebutted, credible analysis and explanation of how the pending application complies applicable approval criteria are incorporated herein as findings of the Hearing Examiner supporting issuance of the requested permit, subject to conditions. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 16 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 V. CONCLUSIONS OF LAW. 1. As explained above, the record includes far more than a preponderance of evidence establishing that the pending permit application satisfies all applicable decision criteria specified in the County’s code and merits approval, subject to conditions of approval. 2. Any finding or other statement contained in this Decision that is deemed to be a Conclusion of Law is hereby adopted as such and incorporated by reference. VI. DECISION. Based upon the preceding Findings of Fact and Conclusions of Law, evidence presented through the course of the open record hearing, all materials contained in the contents of the record, and the Examiner’s site visits to the area, the undersigned Examiner APPROVES the Type III Conditional Use Permit for the Four Corners Sand & Gravel mining operation, File No. ZON2024-00012, subject to the attached Conditions of Approval that are incorporated by reference as part of this Decision. ISSUED this 5th Day of December, 2025 _____________________________ Gary N. McLean Hearing Examiner FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 17 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT FOR THE FOUR CORNERS SAND & GRAVEL MINING OPERATION FILE NO. ZON2024-00012 (Location: 225 Four Corners Road, a 23+acre site immediately south of the Jefferson County International Airport, NW of the intersection with SR 20 and Four Corners Road, in unincorporated Jefferson County on Parcel No. 001332016) Conditions added by the Examiner. A. This Type III Conditional Use Permit authorizes development and operation of a sand and gravel mining operation on the above-referenced parcel in unincorporated Jefferson County, Washington, as described in the Staff Report and application materials. Any future changes or modifications in uses, operations, facilities, or activities on this site that are beyond the scope of the use identified in the Staff Report and application materials for this Permit are subject to review for consistency with then- applicable codes and ordinances and does not preclude subsequent reviews or determinations that new or additional permits are needed, all of which may be subject to specific, additional conditions placed on such permits or approvals needed to authorize future modifications or changes at the site. B. Consistent with JCC 18.40.570, the Director holds discretion and authority to modify this conditional use permit as follows: the county may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed, modified, or operated by the permittee in a manner that is inconsistent with conditions of approval included as part of this permit so as to significantly impact surrounding land uses. Such modification(s) shall be processed as a Type II land use decision pursuant to JCC 18.40.270, which are subject to appeal before the County’s hearing examiner. (See Notice requirements for Type II decisions found in JCC 18.40.220, and 14-day appeal period addressed in JCC 18.40.330). C. The Permittee shall be responsible for obtaining approvals from and complying with regulations and requirements of any state, federal, or other agency with jurisdiction or authority over any aspect of the project or its operations. The permittee shall regularly file copies of any approvals or regulatory determinations issued by relevant state or federal agencies regarding aspects of the project or its operations with the Community Development Department, which shall maintain such items in the project file for this matter. Except where more stringent conditions apply in these Conditions of Approval, any conditions or requirements imposed by state or federal agencies with jurisdiction over aspects of this project shall be deemed conditions of approval for this conditional use permit and are adopted herein as such. Conditions Recommended by Staff, as modified by the Examiner. 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 18 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 - 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. Consistent with JCC 18.20.240(2)(h)(vii), prior to commencing any development or mining activities on the project site, a written agreement must be submitted to the county providing that 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 applicable best management practices that shall be implemented and observed during all operations on the project site. 3. This operation shall at all times comply with Olympic Air Pollution Control Authority permit requirements, as required by JCC 18.20.240(2)(h)(viii). 4. Consistent with JCC 18.20.240(2)(h)(ix), the Permittee shall file a written report with DCD summarizing compliance with conditions of WA State Department of Ecology NPDES Sand & Gravel permit, which reports must be submitted on a quarterly basis. 5. Consistent with JCC 18.20.240(2)(h)(x), the Permittee shall file a written report with DCD outlining the measures taken during the previous year to implement the approved Reclamation Plan, which report shall be submitted on an annual basis. 6. 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. 7. 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. 8. The Permittee and all operations on the project site shall comply with the WA State Department of Ecology’s guidelines in WAC 173-60 re: Maximum Environmental Noise. 9. 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 as provided in JCC 18.20.240(2)(f). 10. Any signage necessary for this operation shall conform to the development standards described in JCC 18.30.150. 11. 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 leave the property and impact adjacent landowners. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 19 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 12. The access and haul roads serving the site shall be graveled to reduce the volume of dust generated through vehicle traffic. 13. 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. *End of Conditions. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR FOUR CORNERS SAND & GRAVEL OPERATION – FILE NO. ZON2024-00012 Page 20 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 Final Decision, Request for Reconsideration or Clarification, Appeal Rights The Hearing Examiner is authorized to issue Final Decisions for matters listed in JCC 2.30.080(2). Decisions of the Hearing Examiner may be subject to a request for reconsideration or clarification, by parties with standing and in the time and manner specified in the Jefferson County Hearing Examiner Rules of Procedure, including without limitation HEx Rules 6.5 and 6.6. Final Decisions of the Hearing Examiner are subject to appeal as explained in HEx Rule 6.7, and JCC 18.40.340, which reads as follows: (1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the administrator or hearing examiner to a court of competent jurisdiction in a manner consistent with state law. All appellants must timely exhaust all administrative remedies prior to filing a judicial appeal. (2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons identified in RCW 36.70C.040, within the applicable time period. (3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the county auditor with the county auditor. Any overage will be promptly returned to the appellant. State law provides short deadlines and strict procedures for appeals and failure to timely comply with filing and service requirements may result in dismissal of any appeal. Persons seeking to file an appeal are encouraged to promptly review appeal deadlines and procedural requirements and confer with advisors of their choosing, possibly including a private attorney.