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HomeMy WebLinkAboutZON2003-00029 SECTION 2 •DEFINITIONS Subdivision Development Standards Timber Land The county's engineering, design and construction Land supporting Or capable of supporting a stand of standards and specifications contained in Section 6 of merchantable timber and which is not being this Code, including any incorporated standards, developed or used for an activity which Is governing the construction of public and private incompatible with timber production. improvements serving new divisions of land. The Tract county's subdivision development standards include ( ��t„) • the adopted public works standards for design and construction of transportation facilities and standards Trailer for clearing and grading, erosion control, stormwater A structure standing on wheels, towed or hauled by facilities, and water and sewage disposal another vehicle, and used for short-term human improvements. occupancy,carrying of materials,goods,or objects,or j • Subdivision,Vacation of as a temporary office. The removal of lots, boundaries, roads, dedications, Transfer of Development Rights(TDR) restrictions, or easements of a recorded subdivision The transfer of the right to develop or build, or short subdivision. expressed in dwelling units per acre,from land in one Substantial Improvement • �land-use designation p�perty owner loanother, where such a another designation or ......__._...._.. . Any maintenance,- repair, snuduu-al modification, . tamer is pew addition or other improvement of a stucture,the cost of which equals or exceeds 50 percent of the market Transient Accommodations value of the structure either before the maintenance, A commercial use involving the rental of any structure repair,modification,or additionis started or before the or portion thereof for the purpose of providing lodging damage occurred,if the structure had been damaged for periods less than 30 days. and is being restored. Transient Residence or Transient ADU Surrounding(Area or Property) A single-family residential unit or ADU used for short A lot of record shall be considered to be a term transient occupancy (for periods less than 30 surrounding property with respect to the subject days). parcel or parcels if any portion,of that lot of record is Transitional Surface • within 300 feet of any boundary of the subject parcels)when the subject paroei(s)Ware designated The surface which extends outward and upward at on the land use map as rural, residential, resource ninety degree angles to a runway centerline and the area, or parks preserve and recreation and shall be runway centerline extended,at a slope of seven feet considered surrounding if any portion of the lot of horizontally for each foot vertically,beginning from the record is within 100 feet of any boundary of the sides of the primary surface and approach zones to subject parcels) when the subject parcei(s) Ware where they intersect the horizontal surface. designated as urban growth area or rural Transportation Facilities commercial. For industrial the criteria for surrounding Roads, trails, airports, airfields, public docks, ferries property shall be 600 feet and related terminals,and parking areas. Sustainable • • Tree Line Actions or activities which preserve and enhance The line created by existing trees, at the trunk line, resources for future generations. . . growing in a generally continuous line,as opposed to Threatened Species a line drawn between a few isolated trees. A species that Is likely to become an endangered Uniform Building Code(USC) species within the foreseeable future,as classified by The building code officially adopted by Jefferson the Washington Department of Fish and Wildlife, County. Wildlife Policy No.602,and the Department of Natural Unimproved,Dormant Platted Land • Resources,Washington Natural Heritage Program. Threshold Determination Land within the limits of a plat recorded prior to 1937 that as of the date of the Initial adoption of this Unified • The decision by the Responsible Official under the Development Code,does not contain a building that is State Environmental Policy Act l(SEPA)regarding the or has been used as a dwelling unit or as a viable likelihood that a project or other`action" (WAC 197— business facility. 11-704) will have a probable significant. adverse Uplands impact on an element of the environment. Lands outside of the jurisdiction of the Shoreline • Master Program. • Unified Development Code � 2-23 Section 2•Definitions MLA03-182 On September 3, 2003,the Planning Commission voted five (5) in favor and three (3) opposed to recommend approval of the application, as recommended by staff. MLA03-189 On September 3, 2003,the Planning Commission voted unanimously to recommend approval of the application subject to conditions proposed by staff in the August 6 staff report. The conditions are as follows: 1. Land division must occur through the Planned Rural Residential Development (PRRD)process per Section 3.6.13 of the Unified Development Code (UDC), including the provision that 75%of the 40 acres be reserved in open space [UDC 3.6.13.4.a(2)]. 2. As part of fulfilling the open space requirement in the PRRD land division process,the entire portion of the area west of State Route 19 will be reserved as open space. MLA03-231 On September 17, 2003,the Planning Commission voted five (5) in favor and none opposed,with one (1) abstention,to recommend approval of a Mineral Resource Land (MRL)overlay district in the Penny Creek Quarry area. The Planning Commission recommends the staff recommendation as presented on September 17. The revised staff recommendation amends and augments the original staff presentation in the August 6 \l. (GI 6)2 staff report. The recommended MRL is depicted in Attachment"C" (attached),which was presented by staff to the Planning Commission on September 17 for the purpose of deliberation. The recommended MRL is subject to the following conditions: 1. A Boundary Line Adjustment(BLA)process is required under Sections 7 and 8 of the UDC involving the combination of parcels 702224011, 012, and the is created equivalent to five (5) acres, • northeast corner of 003 such that a parcel q O coi � � the purpose of which is to fulfill the UDC criterion that an MRL overlay be l surrounded by parcels no smaller than five acres in size on 100%of its perimeter. A ) (. 2. A restrictive covenant is required for parcels 702224023, 024, 025, 026, 003, and 1 A 010 for the purpose of providing that each and every parcel in the new MRL ( 9,; overlay be at least ten (10) acres in size. AtitA IN 3. Submittal of a proposed reclamation plan to the State Department of Natural �-{� Resources (DNR)that encompasses the entire operation, including the current 0- ` / Quarry site, shall be concurrent with submittal of mineral resource v9.1 i "\ vl�n extraction/stormwater management land use permit applications to the County. � 4. Mineral extraction shall not occur in the new MRL overlay district without a reclamation plan approved by the DNR or an updated Sand and Gravel General kide t22 Permit from the State Department of Ecology, if deemed necessary by that 0)14 ` agency. 0-ri, Planning Commission Recomme ation: S e-Specific Applications 2 — 5 2003 Comprehensive Plan Ame me Do k October 15,2003 Uryfitn-10 44/19v V° ;12 6- (3-- 6 3 ct- -4(Mzc c nn "to' 170E 01-60-0-1- tt& 9444)7-11T Xx-et-e4e , (sLe .4.4.8 C6-acce- . yg tyNLAt2-3- zi + t ,-: co'� I n Eie 'Y` $;.1 s` s p 1p, -i PIS � �� / . - _ President _ . r "" 360-379-5385.06 Gabe ()melds Vice President ,tom _ AP) Janis Fialer Secretary/Treasure 'i' % Lynn Moser BAYVIEW CHEVY CHASE June 14, 2003 HOMEOWNERS ASSOCIATION FOUNDED 1988 r \2_ 03--?' m D3-as Chair, Jefferson County Planning Commission C/O Jefferson County Department of Community Developement 620 Sheridan Street Port Townsend, WA 98368 Dear Mr. Chairman: The Bayview Chevy Chase Homeowners Association is urging you to place an end to the question of the proposed Noise Overlay. The application to amend our Comprehensive Plan by deleting any reference of this proposed overlay can once and for all protect our property rights and investments. We believe there are other methods in protecting our airport, however, this proposal by the airport authorities is totally unacceptable and unfair to the citizens of this community. We look forward to a rationale decision on this matter where all parties can live like respectful good neighbors with each other. Again, your understanding that this proposal has far reaching negative consequences for this and future residents of this community will guide you to stand for the welfare of all of us. Sincerely, Lynn Moser President CC. Board of County Commissioners Mae% Cora% av4,..1?)\ AeA-4-11 e -� 4 C? OCEAN GROVE ASSOCIATION P? A Community Association with more than one hundred owner-members t" PO Box 519 Portlo�ownse wnaerM,Washington 98368 Phone 360.385.7875 Fax 360.385.4326 dnasmateolympus.net _4o3— a m i. 03 May 16,2003 2 The Ocean Grove Association Board of Directors voted unanimously to go on record as supporting the efforts of the People for a Rural Quimper's application to amend the Jefferson County Comprehensive Plan. The apparent inconsistencies in the Port Districts various interpretations of the airport overlay zone and the critical significance of such a designation to property owners in Jefferson County warrant that such decisions be made in the statutory process of the Comprehensive Plan rather than in the more narrow construct of the Port District. Although Ocean Grove,with its 70 residences lies outside of the currently proposed overlay zone,there is no assurance that a future designation will not impact us. Located as we are on the highest point on the Quimper peninsula,we are sensitive to noise and traffic from private aircraft that stray from the designated take-off and landing patterns. Accordingly,we believe that any procedure that has such potential impact on any residents of Jefferson County should be addressed in a manner that provides for clear definitions,fair appeals, and in a way that supports the intent of the Comprehensive Plan. C k :)4; /_ _ _ Daniel H. NGsman Manager ke.c.,41 td._ 1 6.-1 8.-tys 4let"1 Corn �ti.�l x a- '\tk Ocean Grove owners pay over$145,000 in property taxes on assessed valuations topping $12,000,000 c� �p uor'ulic(1 ° '�` Qom- Jim Pivathik From: Kevin Murphy[kevin @ptleader.com] Sent: Wednesday,June 18,2003 2:02 AM To: Jim Pivamik Subject: Airport noise overlay... 1-0}03— a3a- Jim, As I will not be able to attend tomorrow evening's public comment session, I would like to share my thoughts on the noise overlay question with you that they might be included in the record for the commissioners' consideration. We are opposed to the addition of any notation, caveat or clause to the deeds, titles or legal descriptions of parcels located with in the Port's "Noise Overlay Zone". Any homeowner living in this (noise overlay) area is well aware of the operations of the airport and, to one degree or another, has learned to live with them. While our airport is small and mainly for recreational use, it is certainly busy enough that it would be very difficult for a ruthless person to disguise its proximity to his property in the commission of a sale transaction. Therefore, there is no property-buyers' advocacy argument to the addition of any notation of the "noise overlay zone" to our properties' legal descriptions, etc. Therefore, it seems to me that the issue in question is not one of disclosure. As I understand the issue, it is an effort to gain the tacit approval of the "noise overlay zone" property owners for any further development of the land therein contained (or, differently worded, an effort to remove the property owners' legal recourse in the event of development deemed harmful or deleterious to the quality of life in the area) . I am an advocate of continued economic growth in our county. I know that the Port plays a crucial role in laying the infrastructure for future development. My concern is that I continue to have a voice--as a citizen and a "noise overlay zone" property owner--in the decisions that the Port makes. I appreciate this opportunity to share my opinion and urge all parties concerned to keep our titles clear of encumberances and our voices heard in the decision-making process. Thank you, Kevin Murphy 114 Lewis Ave. `� _ _) to- (J 3 , P la yl Port Townsend �iC� Co h m, v`b1��- `'`� 1 Airport 4` Q�' Tue, Jun 17, 2003 4:14 PM To; kevin @ptleader.com Subject : Airport jY1 LIA-o3-9.3a- Kevin, Jim shared your email with me. We will pass copies on to the Commissioners. Let me say, as much as it may seem unbelievable, we have had residents near the airport claim they did not know of the proximity of the facility when they purchased their property. In some cases they purchased the property sight unseen or saw the property on a day when no flights were occurring. This happens often during the winter months. Many of the impacted properties are not within sight of the airport, especially over by Discovery Road. There is no desire to encumber anyone's property. No one has asked for titles or deeds or legal descriptions to be changed to reflect any "notice". There has never been any desire or request to have anyone's right to sue taken away. We are asking for copies of all development applications, within the 55 DNL and non residential development within the 50 DNL, be sent to us for comment (not approval or disapproval) to ensure new construction will be compatible with the airport for everyone's safety and protection. We are also asking that the county inform real estate and title companies of the parcels within the 55 DNL. This is not changing one's title or deed but a copy of the disclosure form would be available for potential buyers. If,. as you state, it is next to impossible "...to disguise its (the airport) proximity to his property...", the a simple disclosure statement available to all is proper and the right thing to do. The "overlay" maps have taken into account the expected increased use of the airport over the next 20 years so we should not have to come back to this issue for many years. I checked the actual location of your address. I assume you know that you are not in the 55 DNL zone and in your case the most you might get is a simple letter from the county to you directly just informing you of the 50 DNL. You could do what you want with the letter. If you have any questions please give Jim or I a call and we would be happy to discuss this further. Or better yet come on down to our office at 333 Benedict Street where we have all the maps and photos and we can share that information with you. Thank you for your comments. Larry Crockett . _1 g,_p3 a Executive Director po�c-`�c" ti-C-; 6-1g-043 , -'�,_b3 PlaY• CAh^ kPA�1 Page 1 of 1 C Page 1 of 1 % `-2 Randy Kline From: MWinters@hmwlaw.com Sent: Wednesday,June 18,2003 2:54 PM To: Randy Kline IY1 La4-t73— •4P Cc: Larry Crockett; David Alvarez Subject:today's workshop HI Randy: I was a bit surprised by what you said after today's workshop about County staff recommending that all of the proposed Comprehensive Plan amendments move forward, including the proposal that the references to the noise overlay zone in the CP,be deleted. As I briefly mentioned, I am concerned that this directly violates the 7/24/02 Settlement Agreement,which states that Port's proposed UDC changes establishing a noise overlay zone: "shall be proposed as board-initiated official controls, as that term is defined at RCW 36.70A.640. The County and Port agree that the proposed amendments are consistent with and implement the Jefferson County Comprehensive Plan and the Growth Management Act, RCW 36.70A. However,the Port acknowledges that the County cannot guarantee a specific result arising out of the public adoption process."(Agreement, Para. 1.) The parties further agreed"to aid and assist each other in accomplishing the objectives of this Agreement." (Para.7). The Second Agreement further states that the parties will record a notice of the airport noise overlay zone with the Auditor's office,and provide notice to real estate companies and title companies, and further anticipates that the parties"work cooperatively to ensure the spirit and intent of this Agreement are met." Working cooperatively is exactly what the Port and County have been doing in further refining and discussing the best way to deal with noise and compatibility issues, based on County citizen concerns. However, I do not see how staff supporting the processing of a proposal that undermines the Settlement Agreement is working cooperatively. • That being said,we appreciated your thoughtful comments at today's workshop and remain convinced that it serves both the County and Port to continue work together to find common ground,and use our collective knowledge to propose UDC and CP amendments that are legally and politically defensible. Mary A.Winters Of Counsel, Harris Mericle and Wakayama phone:360 379-2618 fax: 360 379-9378 )4AY\A PI+ 7\645k-4‘‘ ) 6/18/2003 L' . );C - � 14 i U. ,-1 I STATE OF WASHINGTON County of Jefferson AN ORDINANCE APPROVING A } ORDINANCE NO. 08-1208-03 COMPREHENSIVE PLAN } AMENDMENT KNOWN AS } MLA#03-231 WITH CONDITIONS } (Phillips/Maki-Mineral Resource } Land Overlay) } WHEREAS, the Board of Jefferson County Commissioners ("the Board")has, as required by the Growth Management Act, as codified at RCW 36.70A.010 et seq., adopted a Comprehensive Plan via Resolution No. 72-98 on August 28, 1998,a Plan subsequently amended; and WHEREAS,the Board has set in motion and has now completed the proper professional review and public notice and comment with respect to any and all amendments to the County's Comprehensive Plan proposed in 2003; and WHEREAS,as mandated by the Growth Management Act,the Board has reviewed and voted upon the proposed amendment to the County's Comprehensive Plan; and WHEREAS, a modified version of the proposed amendment known as MLA#03-231 [Phillips/Maki-Mineral Resource Land Overlay District] has been approved by the Board pursuant to the procedures laid out in the County's Unified Development Code or"UDC," NOW,THEREFORE,BE IT RESOLVED by the Board that it makes the following Findings of Fact with respect to MLA#03-231 or"the amendment" or"this amendment": 1. The Board, acting in its legislative capacity, adopted its Comprehensive Plan in August 1998 and adopted revised and unified development regulations through its adoption of the UDC in December 2000. Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maid Mineral Resource Land Overlay) 2. The Growth Management Act, which mandates that Jefferson County generate and adopt a Comprehensive Plan, also requires that there be in place a process to amend the Comprehensive Plan. 3. The amendment process for the Comprehensive Plan must be available to the citizens of this County [including corporations and other business entities] on a regular basis, generally no more than once per year. 4. This particular amendment"cycle"began on or before May 1, 2003, the deadline for submission of a proposed Comprehensive Plan amendment. 5. MLA#03-231 was timely submitted by Phillips/Maki, the owners and operators of Penny Creek Quarry located on US Highway 101 south of the Rural Village Center of Quilcene, Washington, and sought to have the zoning designation known as a Mineral Resource Land Overlay or"MRLO"placed on approximately 36.79 acres of land that now holds underlying land use designations of Rural Residential 1:20 ("RR 1:20) and RR 1:5. 6. Providing an MRLO designation does not alter the underlying land use designations for the parcels or lots so designated. The underlying land use designation also remains the anticipated land uses after reclamation, i.e., when the mining (resource extraction) is completed. 7. The proposed MRLO is adjacent to an existing 19.34-acre MRLO that was approved as an MRLO in 1997 under the 1995 Jefferson County Mineral Lands Ordinance. 8. The application for a CP amendment was and is solely an application for an MRLO designation, a non-project action. 9. The UDC, specifically UDC §3.6.3, contains a process that allows applicants to obtain an MRLO if certain criteria are satisfied and if the County legislators make the legislative decision to grant the MRLO designation. 10. Section 3.6.3 of the UDC, which became effective in January 2001 along with all the other provisions of the UDC, was never the subject of a Petition For Review 2 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) before the Western Washington Growth Management Hearings Board or "WWGMHB"and thus is valid and remains lawful. 11. This amendment is one of five proposed amendments that worked their way through the entire process laid out in state statutes for such amendments. Three of the five amendments (including this one) were specific to a particular site or region; the remaining two are and were known as "suggested"amendments because they would implement or memorialize a policy decision made by the elected Commissioners of this County. 12. Those proposed amendments went through professional review at the County and State level. 13. By way of example, the State Department of Natural Resources (or"DNR") commented on this CP amendment in an email dated August 1, 2003. In the communication, a DNR staff geologist described the typical characteristics of Crescent Formation(basalt) and common uses for that material. 14. Specifically, this amendment was discussed in some detail in a combined County Department of Community Development Staff Report and SEPA Addendum for Site-Specific Applications dated August 6, 2002, and a Planning Commission Recommendation for Site-Specific Applications, dated October 15, 2003 and submitted to the Board of County Commissioners. 15. The Addendum was undertaken and generated pursuant to the State Environmental Protection Act(or"SEPA") and a determination by the County planning staff that the five proposed CP amendments, five distinct proposed non-project actions—as that term of art is defined in SEPA—considered together as part of an annual CP amendment cycle, warranted the following threshold determination: Adoption of Existing Environmental Documents with a SEPA Addendum. 16. The EIS prepared with respect to the 1998 adoption of the CP also provides some environmental review for this non-project action,because the SEPA-driven review for the CP understood that 1) the CP included a process for MRLO designation, 2) the County would place such a process in its development regulations,and 3) 3 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) would then use that process, in the years following the adoption of the CP and the development regulations (UDC), to provide MRLO designation for certain suitable parcels or locations. 17. The Planning Commission and the planning department, in consultation with the applicant, concluded that the acreage to be granted the MRLO designation should be reduced to 31.79 acres from the original request of 36.79 acres. The purpose of this recommended change was to exclude two small parcels between Penny Creek and Highway 101. 18. A corresponding recommended condition of approval is to combine those two parcels and part of a parcel west of Penny Creek Road in order to create a five- acre parcel, said five-acre parcel serving to satisfy one of the criteria at UDC §3.6.3, specifically that an MRLO be surrounded by parcels not less than five acres in size. 19. The State Department of Ecology(or"DOE"), in an email to the County dated August 6, 2003, informed the County that Penny Creek Quarry possesses a valid NPDES General Permit for Sand and Gravel Operations, which addresses water quality and stormwater concerns. 20. The Sand and Gravel Permit will be reviewed and updated when and if the Quarry submits mineral extraction/stormwater management permit applications to the County and a reclamation plan to DNR for future activities in a new MRLO area. 21. While County planning staff and the Planning Commission recommended MRLO designation for 31.79 acres, they also recommended five conditions on the approval,which are listed in the Planning Commission recommendation dated October 15, 2003. The five conditions together with a sixth condition formulated during the Board of County Commissioners deliberation leading up to the decision, are made a condition of this approval and serve to, in part: • Organize parcels adjacent to the new MRLO and in the ownership of the Phillips family such that the MRLO is surrounded by parcels no smaller than five acres in size on 100% 4 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) of its perimeter, which is a criterion for MRLO adoption at UDC §3.6.3. • Provide for a restrictive covenant on several parcels in the new MRLO such that each and every parcel in the new MRLO is at least ten(10) acres in size,which is a criterion for MRLO adoption at UDC §3.6.3. • Ensure that a DNR-approved reclamation plan covering the entire operation and an updated DOE Sand and Gravel Permit will be in place before the County will process mineral extraction/stormwater management permit applications for the new MRLO area. • Ensure that the entire Penny Creek Quarry operation will be unambiguously subject to the Mineral Extraction, Mining, Quarry and Reclamation standards found at Section 4.24 of the UDC. These standards address, among other topics, hours of operation, noise, and best management practices for mining activities in Susceptible Aquifer Recharge Areas. • Provide for a mechanism by which the legal, nonconforming uses of sorting, stockpiling, and loading extraction materials on the two small parcels between Penny Creek Road and Highway 101 which are located upon land found in Rural Residential land use districts that does not currently hold an MRLO designation, i.e., they are not located within the 19.34 acres designated as an MRLO in 1997, will be moved to locations within the MRLO designated in 1997 or by this Ordinance in 2003. 22. Those proposed amendments went through review by the County's Planning Commission or"PC"; specifically there was a public hearing with respect to this amendment before the PC on August 20, 2003 and the PC deliberated with respect to this proposal on September 3 and September 17, 2003. 5 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 23. On September 17, 2003,the PC recommended approval of an MRLO for 31.79 acres, as suggested by the County's planning department during Planning Commission deliberation. The PC also recommended to the elected County legislators that they include five conditions of approval. 24. This proposed amendment was the subject of a public hearing before the Board of County Commissioners on November 24, 2003. 25. During the public comment periods associated with review of this proposal by the Planning Commission and the Board of County Commissioners,the County received comments that were both opposed and in favor of the proposal. 26. The Board concludes that the CP, as a legislative policy decision, reflects and memorializes the overall opinions and intent of the entire citizenry of this county and that the CP includes numerous provisions that would support this MRLO designation and the maintenance and enhancement of mineral resource extraction activities in general. 27. The Board also finds that the development regulations known as the UDC, as a legislative decision,reflect and memorialize the opinions and intent of the entire citizenry of this county and that the UDC includes a specific provision that creates a process whereby parcels, if criteria are satisfied, can be and should be designated as another MRLO. 28. The GMA and the CP, in the context of the section in the UDC that describes the process for establishing MRLO Districts, supports the Board conclusion to approve this request. The CP and the UDC provide support for this decision because adoption of this CP amendment is in furtherance of the GMA goal, and the corresponding County CP policy, to maintain and enhance mineral resource extraction activities. 29. In general,then, decisions arising under GMA are to be made pursuant to what the statute mandates no matter how unpopular such a decision might be. 30. Decisions made pursuant to GMA should never be subject to what amounts to a plebiscite. 6 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 31. For example, as distasteful as the decision to provide more lands with a MRLO designation might be to some persons in this county, equally distasteful to others residing in this County is the GMA mandate that rural commercial lands be strictly limited in size and intensity of uses. Yet both are mandated by the GMA, although they are requirements of that state law that are not universally loved. 32. Furthermore, the Board concludes it is likely that when drafting the GMA the State Legislature fully understood that resource extraction industries, particularly mining or excavating, would never be a popular"neighbor"and thus the Legislature made it clear that the resource industries are to be protected from incompatible development such as homes and not vice- versa. 33. This amendment was the subject of a vote to approve, modify, or reject by the Board of County Commissioners. 34. That vote to approve was made only after the three elected County Commissioners recognized, heard and seriously weighed the strong opinions held by various members of the Jefferson County community both for and against this proposal. Ultimately, however, the decision rested with the sole legislative discretion of the elected County Commissioners. 35. This amendment was approved unanimously by the Board of County Commissioners because, in part, it is in conformance with the requirements of GMA that counties such as this one that are planning pursuant to GMA designate mineral resource lands [RCW 36.70A.170] and assure the conservation of mineral resource lands by, in part, not permitting the siting of incompatible uses adjacent to such lands [RCW 36.70A.060]. 36. This amendment is also in conformance with the County's CP. 37. Numerous goals and policies described in the County's CP are supported and furthered by adoption of this MRLO designation. They are designated as a Goal each of which has related Policies listed under it. In order the CP goals and policies most prominently furthered by this CP amendment are: 7 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maid Mineral Resource Land Overlay) • Land Use Goal ("LNG") 12.0 [locate new resource industries in rural areas near the resources to be extracted], • LNG 13.0 [conserve and manage mineral resource lands for sustainable natural-resource based economic activities that are compatible with surrounding land uses], • LNG 24.0 [foster sustainable resource-based industry in rural areas of the County], • Natural Resource Goal("NRG") 1.0 [encourage the conservation of resource lands and the long-term sustainable use of natural resource-based economic activities], • NRG 2.0 [encourage resource-based economic activities which are environmentally compatible], • NRG 6.0 [conserve and protect mineral resource lands for long- term economic use], and • NRG 7.0 [provide for mitigation of potential adverse impacts associated with mining extraction and processing]. 38. This amendment for a proposed MRLO designation has been reviewed against Table 4-3 in the CP, entitled"Matrix for Assessing Lands for designation as Mineral Resource Lands." That Matrix contains 13 topics, including such items as "Quality of Deposit,""Size of Deposit,"and"Visual Impact." For each topic there is a spectrum of five possible responses from"Not Suitable for Designation" [the left-hand column] to"Designation Highly Desirable" [the fourth column from the left] and"Designation Critical" [the fifth column from the left, i.e.,the far- right column]. 39. The Staff Report notes that the material in the area meets Washington State Department of Transportation("WSDOT") specifications for degradation. It would be more accurate to state that the material may meet WSDOT specifications for highway use. Each stockpile would require individual testing. 8 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Mal i Mineral Resource Land Overlay) 40. Pursuant to Section 9 of this County's UDC, all proposed amendments have to be "considered," [the precise verb used in the UDC] in part, through the "filter"of the seven growth management indicators (or"GMI") listed at UDC §9.5.4(b), although those GMI represent only some of the criteria that the County Commissioners must consider when deciding whether to adopt or reject a proposed plan amendment. 41. Because of the general nature of the GMI, each and every GMI will not be applicable or apropos for each and every amendment that this County Commission has considered. 42. However, the County Commissioners, in order to comply with UDC Section 9, should and must make generalized findings of fact with respect to the seven GMI and do so now. 43. With respect to UDC §9.5.4(b)(1), which concerns whether the rate of growth and development for the County is greater or lesser than was anticipated at the time of Comprehensive Plan ("CP") adoption in 1998, the County Commissioners find, that in the short-term the population of this County has not increased as quickly as the Comprehensive Plan envisioned,but that such a smaller growth rate is not relevant to this particular amendment, since the obligation to protect resource land and maintain and enhance resource extraction industries is stated expressly within the GMA at RCW 36.70A.020(8)and that mandate is not dependent on any particular growth rate or lack of one. 44. Nor is the mandate to maintain and enhance the natural resource extraction industries dependent on current economic needs,both generally and for the applicant, i.e., the ability(or inability) of Penny Creek Quarry to sell what might be extracted is not relevant to the legislative or policy decision this Board faced. 45. Furthermore, the Washington State Department of Natural Resources ("DNR") holds the opinion that Jefferson County is one of the counties that presumably will be net"exporters"of mineral resources to supply mineral resources to other Washington counties that lack mineral resources themselves. 9 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 46. With respect to UDC §9.5.4(b)(2),the County Commissioners find that the capacity of the County to provide adequate services has not changed and will not change as a result of the decision to adopt this CP amendment. 47. With respect to UDC §9.5.4(b)(3), which speaks of whether sufficient urban land has been designated, the County Commissioners find that resource extraction industries should never be located within an Urban Growth Area or"UGA" (pursuant to state law and County Wide Planning Policy 7, Section 4), and thus this GMI is not relevant to the deliberations or decision reached with respect to this amendment. 48. It should be noted that the estimated average annual per capita need of construction aggregate in Washington State is some 12 to 15 tons (which come from extracted mineral resources). 49. With respect to UDC §9.5.4(b)(4), the County Commissioners find that most of the assumptions that supported the policies and goals of the 1998 Comprehensive Plan remain valid, including the policies and goals that require the classification and designation of mineral resource lands,the protection of those mineral resource lands and the encouragement of the natural resource industries. 50. With respect to UDC §9.5.4(b)(5),the County Commissioners find that the Board recognizes that it must consider routes and actions that may create economic opportunity and a healthy economy. This becomes particularly important in the face of increasing unemployment and our current national recession. While this shift in priorities does not necessarily require any changes to the goals of the plan, it does and will require implementation of goals and policies intentionally placed inside the County's CP that refer to the natural resource lands and the maintenance and enhancement of natural resource industries. 51. With respect to UDC §9.5.4(b)(5),the County Commissioners find that an MRLO that effectively expands Penny Creek Quarry will allow [with whatever permits might be needed] it to continue to extract(in economically feasible segments) 10 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) mineral resources from the area and will allow Penny Creek Quarry to maintain or increase its full-time employee roster. 52. With respect to UDC §9.5.4(b)(5), the County Commissioners find that to the extent that this amendment may generate in the future jobs located in the rural portions of the County, its adoption supports the GMA mandate that any County planning under GMA must"foster ... . rural-based economies, and opportunities to both live and work in rural areas,"pursuant to RCW 36.70A.030(14)(b). 53. With respect to UDC §9.5.4(b)(6), the County Commissioners find that there have not been any changed circumstances to dictate a need for amendments; instead this amendment implements numerous CP policies and goals that work for the maintenance and enhancement of the natural resource industries. 54. With respect to UDC §9.5.4(b)(7), the County Commissioners find that any inconsistencies between the County's Plan and the GMA exist because Jefferson County has only begun to utilize or consider every `tool' found in the GMA `toolbox,' including,by way of example only, using its development regulations (only enacted three years ago) to examine whether any other locations in the unincorporated county are appropriate for MRLO designation. 55. With respect to UDC §9.8.1(b)(1), the County Commissioners fmd that this is amendment to the CP does not arise because circumstances in Jefferson County have changed but because it serves to fulfill CP, UDC,policy and societal goals. 56. With respect to UDC §9.8.1(b)(2), the County Commissioners find that the assumptions on which the CP was based remain valid and are furthered by the adoption of this CP amendment. 57. With respect to UDC §9.8.1(b)(3), the County Commissioners find that this CP amendment spurred limited public comment both for and against it, the comments against it coming primarily from neighbors who testified that their right to `quiet enjoyment' of their property is at risk as the Quarry continues in business and the MRLO is increased in size. 11 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 58. Although there were voices in opposition to this CP amendment, the Board concludes with respect to UDC §9.8.1(b)(3)that since adoption of this CP amendment furthers goals in two documents that broadly represent the `will' of this County's populace, specifically the CP and the UDC, then this CP amendment does reflect current widely held views of this County's residents. 59. With respect to UDC §9.8.1(c)(1), the Board finds that adoption of this CP will not negatively effect transportation levels of service or concurrency requirements. 60. With respect to UDC §9.8.1(c)(2), the Board finds that adoption of this CP is consistent with the goals and policies of the County's CP. 61. With respect to UDC §9.8.1(c)(3), the Board finds that adoption of this CP has been studied for probable'significant adverse environmental impacts and there will be no such impacts to the infrastructure or utilities of this County. 62. With respect to UDC §9.8.1(c)(4), the Board finds that the parcels that will become part of this MRLO are suitable for mineral extraction(basalt is present there) and that access and utilities can be reasonably provided to these parcels. 63. While resource extraction (mining) is never perfectly compatible with certain land uses that surround the Penny Creek Quarry, i.e.,rural residential, it is the policy of the GMA to protect the resource extraction activity from the neighbors and not vice-versa. The Board offers those residential neighbors of this quarry, in light of UDC §9.8.1(c)(4) the buffers provided by parcels not less than five acres in size and the relocation of certain non-conforming uses to MRLO land pursuant to condition#6. 64. With respect to UDC §9.8.1(c)(5), the Board finds that adoption of this CP amendment enlarging an existing MRLO designation will not cause a domino effect to have other parcels designated as being within an MRLO. 65. With respect to UDC §9.8.1(c)(6),the Board finds that adoption of this CP amendment, which enlarges an existing MRLO,has no impact on the county's population projections or general size and proportion of different land use designation categories countywide. 12 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 66. With respect to UDC §9.8.1(c)(7), the Board finds that this CP amendment does not impact or touch upon land within an urban growth area. 67. With respect to UDC §9.8.1(c)(8), the Board finds that this CP amendment is consistent with the GMA, the Countywide Planning Policies and benefits the populace of the County. 68. Adoption of this amendment promotes the health and welfare of the citizens of Jefferson County. 69. The Planning Commission recommended that Parcels 702224011 and 702224012 be removed from this amendment to meet the requirements Section 3.6.3(1)(d)of this County's UDC. 70. At the public hearing before the Jefferson County Board of County Commissioners held on November 24,2003 the issue of utilizing Parcels 702224011 and 702224012 as part of the mining operation, which are no longer part of this amendment,was brought up during testimony.. 71. The Hearing Examiner issued a decision on December 5, 1996 on an appeal (ZON 96-0034) of the issuance of a building permit(BLD 96-0583) for an 8 foot by 14 foot scale building. The Hearing Examiner determined that the truck scale building was an exempt accessory use to the non-conforming mineral extraction activity that had been occurring on Parcel 702224011. From this decision it can also be reasoned that stockpiling of material is also considered an accessory use of mineral extraction. 72. Because most of the mineral resources had already been extracted from Parcel 702224011, known as pit site Y-86,the Hearing Examiner's decision on ZON 96- 0034 indicated that the truck scale could be utilized in conjunction with the mineral extraction from the Phillip's other parcels across Penny Creek Road. 73. On August 9, 1996 the Phillips sought to have their existing pit on a 4.46 acre Parcel 702224002, designated Mineral Lands of Long-Term Commercial Significance. This parcel was too small for such a designation. 74. On November 26, 1996 Phillips proposed a boundary line adjustment(EXM 96- 0060) to have Parcel A—702224002 grow to 10 acres, while Parcel B-702224006 was reduced to 9.34 acres and Parcel C - 702224020 was enlarged to 5.0 acres to 13 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) satisfy the minimum size as a buffer parcel for the newly-created Mineral Lands of Long-Term Significance of 19.34 acres, specifically Parcels A and B described earlier in this finding. 75. On July 14, 1997 the Jefferson County Board of County Commissioners designated 19.34 acres,which was comprised of parcel A (702224002) and Parcel B (702224006), as Mineral Lands of Long-Term Commercial Significance through ZON 96-0042. 76. These actions established the Phillip's intent to expand their mining operation.On December 16, 2002 the Phillips purchased at public auction three parcels from Jefferson County, which was recorded by Auditor File Number 463382. These three parcels were: Parcel 702224012 a long narrow 2.6 acre parcel lying southeast of Penny Creek Road; Parcel 702224010,the 3.7 acre old county pit; and Parcel 70222403, which is a 9 acre parcel that surrounds the county pit. 77. There is no evidence in the record that a Parcel 702224012 was utilized for mineral extraction or an accessory use to mineral extraction. 78. Furthermore, it has been determined through this Amendment that noise from the mining operation is a significant concern of neighbors across Highway 101. During the deliberations of this Amendment at the Jefferson County Board of County Commissioners held on December 1, 2003 it was acknowledged that the rock sorter should be removed from Parcel 702224011, and there was discussion whether the material stock piles should be removed or whether they provide noise mitigation to the neighbors across Highway 101. Jefferson County Community Development Staff conducted a site visit on December 4, 2003 and researched this issue. This information is now reflected in this Ordinance. NOW, THEREFORE,BE IT ORDAINED, as follows: Section 1 - MRLO Designation: With respect to MLA03-231 (Phillips/Maki)the following real property constituting approximately 31.79 acres, be and hereby is granted a Mineral Resource Land Overlay,to be added to the existing 19.34-acre MRLO to create a total MRLO of approximately 51.13 acres, subject to conditions listed below in Section 2: 14 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) Parcel Nos: Parcel 1: AFN No. 702224003 (per stipulated BLA) Parcel 2: AFN No. 702224010 Parcel 3: AFN No. 702224023 Parcel 4: AFN No. 702224024 Parcel 5: AFN No. 702224025 Parcel 6: AFN No. 702224026 Description: North 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 22, T27N R2W, W.M. Together with; North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 22 west of the northwest boundary of the Penny Creek Road right of way, T27N R2W, W.M., Except a tract defined as follows: beginning at a point defined by the intersection of the north west boundary of the Penny Creek Road right of way and the east/west centerline of Section 22,thence westerly along said east/west centerline of Section 22 a distance of 250.89' m/1, thence southwesterly a distance of 408.13'm/1 to a point on the north east property line of Parcel 702224010 43.69'm/1 north west of the intersection of said north east property line of Parcel 702224010 and the north west boundary of Penny Creek Road right of way,thence 43.69' m/l south east along said north east property line of Parcel 702224010 to the north west boundary of the Penny Creek Road right of way, thence north easterly approximately 602.74'm/1 along the north west boundary of the Penny Creek Road right of way to the point of beginning. All situate in Jefferson County,Washington. Section 2—MRLO Conditions The MRLO designation granted to Penny Creek Quarry, by and through the Comprehensive Plan amendment submitted by Phillips/Maki, owners and operators of the Penny Creek Quarry, shall be and is subject to the following eight(8) conditions: 1. A Boundary Line Adjustment(BLA)process is required under Sections 7 and 8 of the UDC involving the combination of parcels 702224011, 012, and the northeast corner of 003 such that a parcel is created equivalent to five (5) acres, the purpose of which is to fulfill the UDC criterion that an MRL overlay be surrounded by parcels no smaller than five acres in size on 100% of its perimeter. 2. A restrictive covenant is required for parcels 702224023, 024, 025, 026, 003, and 010 for the purpose of providing that each and every parcel in the new MRL overlay be at least ten(10) acres in size. 3. Submittal of a proposed reclamation plan to the State Department of Natural Resources (DNR) that encompasses the entire operation, including the current Quarry site and the newly-designated MRLO lands, shall occur concurrently with submittal of mineral resource extraction/stormwater management land use permit applications to the County. 15 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions (Phillips/Maid Mineral Resource Land Overlay) 4. Mineral extraction shall not occur in the newly-designated MRLO parcels until such time as the owners of the quarry have in place and provide to this County a copy of a reclamation plan approved by the DNR or an updated NPDES General Permit for Sand and Gravel Operations from the State Department of Ecology, if deemed necessary by that agency. 5. Upon issuance of County mineral resource extraction/stormwater management permits for the new MRLO parcels, should that occur, UDC conditions for Mineral Extraction, Mining, Quarry and Reclamation, found at Section 4.24, shall apply to the whole of the Penny Creek Quarry operation, including the existing operation site and the area previously under County ownership, to protect the general health, safety and welfare of the public. The conditions address, among other issues, hours of operation and noise(UDC 4.24.6) and performance standards and Best Management Practices (BMPs) for mining and quarrying within designated Susceptible Aquifer Recharge Areas (UDC 4.24.8 and 6.17). Permit application review may result in additional conditions. 6. Prior to any mineral extraction occurring in excess of the 19.34 acres authorized by ZON 96-42, (which may include mineral extraction from the MRLO designated in 1997 and/or by this Ordinance in 2003)the legal but nonconforming uses of the truck scale, stockpiling, and loading mineral resources on the Rural Residential parcels, between Penny Creek Road and Highway 101 (parcels 702224011) shall be relocated to areas located within the total Penny Creek Quarry MRLO of 51.13 acres. A berm with trees planted on it shall be established on parcel 702224011 upon the removal of the truck scale, stockpiling, and loading mineral resources from this area. 7. Prior to the issuance of County mineral resource extraction/stormwater management permits for this Amendment, the sorting of material and any stockpiling of materials greater than 4 inches in size shall be re-located from Parcel 702224011 to within the total Penny Creek Quarry MRLO of 51.13 acres. 8. Prior to the issuance of County mineral resource extraction/stormwater management permits for this Amendment, the stockpiling and loading of material shall be removed from Parcel 702224012. Section 3 — Severability: If any action,subsection, sentence, clause, phrase or section of this Ordinance or its application to any person or circumstances is held invalid,the remainder of this Ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 4- Effective Date: This Ordinance becomes effective upon adoption by the Board of County Commissioners. 16 Ordinance No. 08-1?08—approving a Comprehensive Plan Amendment Known as MLA#03-23 I with Conditions(Phillips/Maki Mineral Resource Land Overlay) Approved and adopted this day of/l. '• ,200.1 JEFFERSON COUNTY BOARD OF COMMISSIONERS • t — SEAL • Y Kair • .t j' D. `"itterness,Chair • • t' 1 • 3 ,AV/41P4pr7 eG1 n Huntin. r �/ _ d o ,�< <ber • ATTEST: �l ltx nr 'Z t,y;c' i- � Patrick M. Rodgers,Member 'Julie Matthes,CMC 4. Deputy Clerk of the Board 17 1 ° 3_13 ter JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 821 Sheridan Street•Port Townsend•Washington 98358 380/379.4450.8001831.2878•360/379.4451 Fax MAY - 1 TNO www.oo.Jefferson.wa.us/COmmdevelopment Master Land Use Permit Application Form PRCrererrnrtentusw Tax Parcel Number: ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ 0 (See Attached) Subdivision Name: Lot Number: Property Size: 36.79 Acres (acres/square feet) Existing Use of Property: Forestry Site Address and/or Directions to Property: Adjacent to 450 Fanny Creek Road, Quilcene APPLICAirritLaWNER NaMv+luu71" Richard Maki J.0., Kristen Maki Applicant(If applicable):Marilee & Gary Phillips, Kelly Phillips Telephone: (360) 765-3413 Address: 450 Penn Creek goad C ,. Qui lcene te. wA zip Code: 8 376 Email Address Pennycreeke ,tL.. Applicant's Signe • �� • �+=�• oft `4� ` � • of r►pus.riot -- wripee Property Owners) . Record:See Attached Telephone: Address: City: State: Zip Code: Email Address acknowledge that the applicant above Is applying for a building permit on my property. Owner's Signature: 5l<19 e 0-to- 1,417110, (Om I hereby d- Ignete Skip Dr).inq ''ta act as my agent in matters relating to this application for permit(s). 20/03 (PR► 0 'ER SIONATU''rw-�,r�s r n' DESCRIPTION OF PROPOSED USE OR ACTIVITY(Include separate sheets as necessary) Expansi� of MR[ overlay as a Rrereguiait:e to expanding an existing surface mine. [PHIS SECTION FOR OFFICE USE ONLY] Refer to the specific sections of the UDC referenced below for more information and further requirements.An asterisk(*)Indicates that a supplemental application or questionnaire may be required. Type I Permits 138115.12: © Septic Permit/Evaluation of Existing System(EES) UDC Section 6.4.1 and Chapter 8.15 JCC Cl BulldIng/Demolltion Permit UDC Section 32.1 and Table 3-1 El Allowed"Yes.Use Consistency Analysis UDC Section 3.2.1 and Table 3.1 Cl Home Business Table 3-1 and UDC Section 4.20 C l Stan-meter Management* UDC Section 8.7 0 Road Access* UDC Section 6.8 Boundary Line Adjustrr<ente UDC Section 7.2 Minor PRRD Amendments UDC Section 3.6.13.16 ED Sign Permit' UDC Section 5.18 In Site Plan Approval Advance Determination(SPAAD) UDC Section 8.7 Cl Shoreline Master Program Exemption/Permit Revisions UDC Section 6 u,•.•x Use based on use ma be T •e ll or T 1•e III UDC Sections 4.38 and 4.39 OVER Ed wdes:se 200E 02 • gab sO26t'Tr092: 'ON XUA : woad 4 ..� �5�� k� r ❑ ' Discretionary"D"or Unnamed Use classification UDC Sections 3.2.1,3.2.2 and Table 3-1 • ❑ Cottage Industry UDC Section 7.3 and Table 3.1 ❑ Short Plat.Preliminary and FInal* UDC Seaton 7.3 ❑ Binding Site flan* UDC Section 7.5 O Conditioned minlstrative)"C(a)"Use UDC Table 3-1 and Section 8.8 0 0 Conditional Discreilottary)"C(d)"Use UDC Table 3.1 and Section 8.8(Discretionary Permit Review Procne Determined by Administrator) 11 Variance,Minor" UDC Section 8.9 ❑ Wireless Telecommunication Ordinance 064712-99(lam Appendix C) O Shoreline Substantial Development(Primary Use) UDC Section 8 O Forest Practices Act/Release of Six-Year Moratorium for Single- UDC Section 4.16,5(0) Family Residence O Appeal UDC Section 8.42 SEPA 8.10.12(b) Tyne III.Permits O Candidonal"C"Use UDC Section 8.8 ❑ Long Plat,Preliminary' UDC Section 7,4 ❑ Planned Rural Residents'Development Preliminary Approval UDC Section 3.6.13(must be In conjunction with an (PRRD)and Major Amendments* underlying land division application) ❑ Plat Vacatlgn/Altaration UDC cdon 7.1.3(d) Cl Variance,Major UDC Section 8.9 © Reasonable Economic Use Variance" UDC Section 3,6,4(h) O VVirrless Telecommunication Ordinance 06-0712-98 UDC Appendix C in Shoreline Management Substantial Development,Secondary Use" UDC Section 5 O Shoreline Management Conditional Use' UDC Section 6 O Shoreline Management Variance* UDC Section 5 C7 Appeal UDC Section 8.4.3 SEPA 8.10.12(c) Teo.Pi Penalty O Long Nat,Meat UDC Section 7.4 Cl PRRD,Final UDC Section 3.6.13 Tx„ros V permits Cl Special Use(Essential Public Facilities) UDC Section 3.3.6 t i Jefferson County Comprehensive Plan/UDC/Land Use District Map UDC Section 8 MAY AY - 1 2003 O Appeal SEPA Shoreline Master Program Amendment' UDC Section 8.10.12(d) Other.Looal.iNatesr Federal Pules - 0 Please identify any other local,state or federal permits required for this proposal,if known: + Ta [Pewee!NOT!THAT TO awNATURNS Ma:NKOhr O] By eipnlog the application form, the applicant/owner awls that the information provided herein is true and cones to the beat of their material knowledge. I or aertify that this application is being made with the full knowledge and consent of all owners of the affected properly.Any any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being nut and void. I fir agree to save, Indemnify and hold harmless Jefferson County against at liabilities,judgments,court costs, reasonable attorney's fees -, •weenies which may In sny way accrue against Jefferson County as s remit of or in consequence of the gnudlnp of this permit i fu agree to provide access and right of entry to Jefferson County and Its employees,representatives or agents for the sole purpose of ^ - review end sex required later inspections. This right of entry shell expire when the County(through the Administrator or the a , , nta )concludes -won has complied with ail anal regulations.Access rand right of entry to 4 ••. iliht,■■•• - ... :400.W.Stws__ 1,.... .11' .1170,Awa::-... ......--.,_ —,r.:::1,--, -i.z...... _.1///43 PROP!RIY OMER'4 'a, �� r, Tr,�"', Pm) The action or actions ' .,. tndettake 7 of Issuance of, permit may negatively impact upon one or more threatened or endangered sprain and could lead to a potential"dike"of- endangered emotes as those terms ere defined in the federal law known as the Erb Species Act"or"ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because tills permit has been issued will not violate the ESA. Any individual,group or apancy can file a lawsuit an behalf of an endangered legardim your actions)even if you are in compliance With the ,l •, .-.. oode The -.1-„ aknow1edgis that he, she or It holds Individual and non. ., * ,,.,.Irr, - , to end complying with the •this dhsole , . and dates oPER1YOWNliR AIR MU I ill a 1 I ON I II I iitTlt' �.7r///�/ ^, (DAY) 1 Pd I4d6S:SO £0027 0£ • ti 902-t'tib092: 'ON Xtid : W08.:! i Penny Creek Quarry MRL Expansion Property Owners Gary and Marilee Phillips Parcel No. =702224003, 702224010, 702224011, 450 Penny Creek Road 702224012, 702224023, Quilcene, WA 98376 Kelly Phillips Parcel No. =702224024 450 Penny Creek Road Quilcene, WA 98376 Richard A Maki, Jr. Parcel No. =702224025 450 Penny Creek Road Quilcene, WA 98376 Kristan N. Maki Parcel No. =702224026 450 Penny Creek Road Quilcene, WA 98376 MAY - 1 2;03 �ON CO t� o JEFFERSON COUNTY t4 DEPARTMENT OF COMMUNITY DEVELOPMENT 4..q '1 621 Sheridan Street• Port Townsend •Washington 98368 S`, Nef -- 360/379-4450. 800/831-2678 . 360/379-4451 Fax Application for Formal Site-Specific Comprehensive Plan/UDC Amendment' P jap �RL MLA# PROJECT/APPUCANTNAME: Marilee & Gary Phillips �rs4 47 on Etal Applications must be completed and submitted to the Department of Community development by May I of the current calendar year in order to be considered during this year's amendment process. Completed applications that are received after May 1 will be placed on the docket for the following calendar year. Applications that are incomplete (i.e., that do not include all of the information required below)will be returned to the applicant. Please note that formal site-specific amendment applications requesting expansion of existing commercial areas are subject to a November 22, 2000 Growth Management Hearings Board decision which prohibits the County from expanding existing commercial areas. The County is currently appealing this decision to Superior Court. in the event that this appeal is unsuccessful, applications requesting commercial area expansion may not be acted upon. Submittal Requirements 1. A completed Master Land Use Application and SEPA Checklist (if applicable). Representative authorization is required if application is not signed by owner. 2. A completed and signed State Environmental Policy Act(SEPA)checklist. 3. Comprehensive Plan/UDC Amendment application fee (as applicable), as set forth in the Jefferson County Fee Ordinance,as amended. 4. Any additional information deemed necessary by the Administrator to evaluate the proposed amendment. 5. Please prepare and label as"Exhibit A,"a vicinity map showing the following: a. The location of the area proposed to be redesignated; b. The land use designation of all property within five hundred(500)feet of the site;and c. The uses of all properties located within five hundred(500)feet of the site. 6. Please prepare and label as "Exhibit B,"a description of the proposed Plan/UDC amendment and any associated development proposal(s), if applicable. Applications for project-related formal site-specific redesignations must include plans, and information or studies accurately depicting existing and proposed uses and improvements. Applications for such redesignations that do not specify proposed uses and potential impacts are assumed to have maximum impact to the environment and public facilities and services. .: 7. Please prepare and label as "Exhibit"C,"a map that depicts existing conditions on the site and within the general vicinity [.e., within a three hundred (300)-foot radius]. The exhibit must depict topography, wetlands and buffers, easements and their purpose, and means of access to the site. The intent of the exhibit is to clearly illustrate the physical opportunities and constraints of the site. MAY - 1 2003 'See UDC Section 9.4. SITE SPECIFIC APP.DOC REV.10/9/2001 Pane 1 8. Please provide an explanation of why the amendment is being proposed.(Attach additional sheets,if necessary.) See Attached 9. The current land use designation/zoning of the site is: RR— 1 — 20, 1 - 5 10. The proposed land use designation/zoning of the site is: MRL .Overlay 11. The current use of the site is: Forestry 12. The proposed use of the site is: Surface Mine 13. If changes to Comprehensive Plan or UDC text are required, please prepare and label as 'Exhibit D," proposed amendatory language(i.e.,to affected text of both the Comprehensive Plan and UDC)shown in"bill"format,with text \A v— to be added indicated with underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., 1k1 stakeouts). V\j`� 14. Please prepare and label as "Exhibit E," a thorough explanation of how the proposed redesignatbNrezone and associated development proposals,if any,meet,conflict with,or relate to the following inquiries: a. Have the circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? b. Are the assumptions that form the basis for the Jefferson County Comprehensive Plan no longer valid, or has new information become available that was not considered during the process of adoption of the Jefferson County Comprehensive Plan or any subsequent amendment? c. How does the proposed amendment reflect current widely held values of the residents of Jefferson County? d. Does the proposal meet concurrency requirements for transportation? e. Does the proposal adversely affect adopted level of service standards for public facilities and services other Q than transportation (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services)? f. Is the proposal consistent with the goals,policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan? g. Will the proposal result in probable significant adverse impacts to the county's transportation network,capital _ facilities,utilities,parks,and environmental features that cannot be mitigated? - h. Will the proposal place uncompensated burdens upon existing or planned service capabilities? i. How is the subject parcel(s)physically suitable for the requested land use designation and the anticipated land use development including,but not limited to the following: (i) Access; (ii) Provision of utilities;and (iii) Compatibility with existing and planned surrounding land uses? j. Will the proposal,if adopted,create a pressure to change the land use designation of other properties?If the answer is yes,how would such change of land use designation on other properties be in the long-term best interests of the county as a whole? SITE SPECIFIC APP.DOC REV.10/9/2001 Page 2 k. Does the proposed aite•specific amendment meteliaNy affect the land use and population growth projections that are the bases of the Comprehensive Plan? If the proposed redesignatiouifezone is located within an unincorporated urban growth area (UGA),would the proposal materially affect the adequacy or availability of urban facilities and services to the immediate areas and the overall UGA? m. Is the proposed amendment consistent with the Growth Management Act(Chapter 36.70A RCW), the Countywide plertrling Policy jor Jefferson County, and other applicable inter-jurisdictional policies or agreements,and any other local, state or federal laws? 15. The applicant hereby certifies that the statements contained in this application are true end provids an accurate representation of the proposed amendment:and the applicants)hereby acknowledges that any approval Issued on this application may be revoked if any such statement is found to be false. �� APPL S�TURE OAT t&Pnotg_RLY._OWNER'S NATURE DATE A V •- �7-• , �'$14NATU- DATE 704 411V vi„ t -0 RTY ! SSP:MATURE OATS (NOTE: For all required signatures, representative authorization is required if application is not signed by the owner.] lag • - ✓MATURE DAL 1 .. 1 2003 curt*mum tW a40 REV.10R02001 Paae:3 8d 1.4c1 90 21302 -ldki 9326V7:7092: ON Xdd : W0'Jd EXHIBIT B PENNY CREEK QUARRY PROPOSED PLAN AMENDMENT TO EXPAND MINERAL RESOURCE LAND ZONING OVERLAY The proposed plan amendment is to add the mineral resource land overlay to 36.79 acres abutting the current Penny Creek Quarry MRL area and existing surface mine. Subsequent to approval, the applicants will submit application for a Type 1 approval to expand the existing quarry. The MRL overlay covers 19.34 acres. The subject 36.79 acres is undeveloped an d has recently been partially logged. Adding the MRL overlay to this additional property will increase the total MRL coverage to 56 acres. Included in that coverage is a 3.75 acre parcel that was once a county-owned quarry which has been granted"grandfather" status. MAY - 1 2003 i •roject u b:r'>!7.t \ \ \ \ cn \ \ \ m ma„, A 3 \ d m o � \ o \ \ _. co co 0 Aill El \ \\ \ 0 , ,6'O 800 ` ci,c X00 ,cDo co A, A, t 0 t :„ p C______ �O ( Qo 640 g ` 600 0 N O W IS l80 I Ilk _ moo �-'o ono 6-o x '70 00 1 / 720 watt ir -If lkc 680 �c� OPin �° �o mv � 640---- - - C - -I 600- - \ ' Z 560 OGgRRy `J°° `� 520 Io 4').14 gcc`°ss \� 480 y'(42._ 420 o 'O7 ` 400 mop - 360`- �° _,° ; a 320 -7j/ - f )/ ---- _________ 240 0 200 r -o Z �z m ooY� Alail "m 1,00 is IilL z OA o a .\\I CD IJtL m co o K Z CA 2 ig 1S3- N O fog < N c � N o v CD D 3 3 ° m o 00-0 oa -o X M P' cim ti ` g, p `°cp DN DJ Z CD N y 0 y a o� M O ECOLOGICAL LAND SERVICES, INC. DATE 4/2003 EXHIBIT C NATURAL RESOURCE CONSULTING Existing Conditions AND LAND PLANNING DWN. MM Penny Creek Quarry 1339 Commerce Ave.,Suite 311 APPR. RG 450 Penny Creek Road Longview,WA 98632 Portion of Section 22, T27N, R2W,W.M. (360)578-1371 Fax:(360)414-9305 REVIS. 4-30-03 MAY - 1 2003 EXHIBIT E PROPOSED COMPRHENSIVE PLAN AMENDMENT TO EXPAND THE MINERAL RESOURCE LAND ZONING OVERLAY AT THE PENNY CREEK QUARRY a. Have the circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? Jefferson County granted the current Mineral Resource Land zoning overlay to the Penny Creek Quarry, a family operated business, in 1997. At that time, the applicants' ownership was limited to the 19.34 acres west, and an additional 1.62 acres east, of Penny Creek Road Since that County action, the Phillips family has acquired an additional 35.17 acres north of the current MRL area. The total common, contiguous family ownership is now approximately 56.13 acres. Thus, the change in circumstances is the shift in ownership of over 35 acres of land containing large volumes of commercially valuable mineral resources to owners and operators of a historic and viable surface mine operation on contiguous property. Because of the consolidation of land ownership, the potential has increased for a coordinated and unified mining plan for the entire ownership that will be both economically viable and at the same time environmentally sensitive. The previously discrete ownership presented a major obstacle to reaching that goal. b. Are the assumptions that form the basis for the Jefferson County Comprehensive Plan no longer valid, or has new information become available that was not considered during the process of adoption of the Jefferson County Comprehensive Plan or any subsequent amendment? The assumptions supporting the Jefferson County Comprehensive Plan remain valid regarding this application, and indeed, support the application as well. It is the intent of the MRL is to provide assurance to those lands that contain mineral resources of commercial significance which can be anticipated to be extracted within 20 years that mining and processing activities will be protected from conflicts by developing land uses in the vicinity. Approval of the MRL to approximately 35 acres of land with such mineral resources adjacent to an area already designated and operating as a surface mine will provide assurance that such resources will be available to support future development and road and structure maintenance activities in the County. Penny Creek Quarry MRL Expansion Ecological Land Services, Inc. CP Amendment Application Exhibit E May 1, 2003 Page 1 MAY - 1 2003 c. How does the proposed amendment reflect current widely held values of the residents of Jefferson County? While following the comprehensive plan amendment process, this application is for a mineral resource overlay zone. The overlay is intended to be temporary designation while the non-renewable resource is extracted and processed. The site is located in a sparsely populated segment of the County adjacent to publicly owned lands. Access is via a county road with a short distance to a state highway which reduces the impact on local roads. Applying the MRL overlay to property contiguous with a permitted, active mine would maintain the active mining in an area where such activities have been ongoing and is well suited. d. Does the proposal meet the concurrency requirements for transportation? The proposed quarry expansion that would follow approval of the MRL overlay on the subject 35 acres would continue operations at the present level of intensity. Because the mineral resources would not be extracted at an accelerated rate and crushing and processing would remain constant, there would be no increase in haul truck traffic from the site. Therefore, the transportation concurrency requirements would be met. e. Does the proposal adversely affect adopted level of service standards for public facilities and services other than transportation (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services)? Just as the MRL overlay and resulting mine expansion would not affect existing transportation facilities, it also would not adversely affect adopted levels of service for other county services. The MRL would not cause an increase in population or housing, and thus not stimulate the demand for law enforcement or emergency services, recreational facilities, general public administrative activities, and so on. f. Is the proposal consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan? The proposed MRL will help fulfill numerous goals and directives of the county comprehensive plan. Expansion of the Penny Creek Quarry MRL would maintain a natural resource based industry in a rural area, consistent with LNG 12.0. It would merely expand a permitted, active mine in an area where mining activities have been on- going, thus helping to better manage a mineral resource activity in area compatible with that type of land use per LNG 13.0. Ultimately, the mining plan for the expansion area would follow LNP policies 13.1 through 13.4 by maintaining rural employment opportunities, by being designed to integrate with all regulations to ensure compatibility with managed habitat in the area, would comply with all applicable regulations to Penny Creek Quarry MRL Expansion Ecological Land Services, Inc. CP Amendment Application Exhibit E May 1,2003 Page 2 MAY - 1 2003 protect environmental values and surrounding land uses, and would also be designed to be compatible with neighboring resource management activities. The subject property is located in a rural area which exhibits a wealth of natural resources. Expansion of the mine after the MRL overlay is granted would provide economic and employment opportunities consistent the rural nature of the area, thus contributing to the fulfillment of LNG 24.0, and policies 24.1 and24.2 Because of the vast quantity of commercially valuable mineral resources available on the site, the MRL overlay would help the county to fulfill NRP 1.0 by recognizing the Penny Creek Quarry mineral resources and protecting the associated extraction and processing activities from potential future conflicts caused by development in the vicinity. Recognizing that the mine plan for the expansion area must be consistent with all county and state mining regulations and approved by both the county and several state agencies, it would be consistent with policies NRP 1.1, 1.2, 1.3, 1.4, 1.5, and 1.8. It would also help to fulfill Goal NRG 2.0. Following the process and standards for mining in the Jefferson County Unified Development Code would lead to expanded mining operations consistent with policies NRP 2.1 through 2.4. Granting the MRL overlay would also help to fulfill Goal NRG 6.0 by recognizing the existence of the Penny Creek Quarry resources by protecting them for long-term economic use. The large deposit is of a quality that meets grade for road construction. The fact that mining has occurred for many years also attests to fact that it is within a quite reasonable distance to market job sites. Penny Creek Road provides direct access to the current mine operations; State Route 101 is only 1/2 mile distant. Most of the adjacent land is publicly owned forest land, and other tracts are used for scattered rural residential purposes which present little in the way of incompatibility. Noise from current operations has not been mentioned by neighbors as a problem and expansion of mining activities subsequent to MRL approval is expected to generate a comparable level of noise. Blasting in the expansion area is anticipated to be necessary but infrequent, similar to the existing operations; the site is sufficiently distant to not be an irritant to developed neighboring properties, and will not affect the forestry uses to the north and west. Penny Creek Road provides direct access to the existing mine and will continue to be the access to the expansion area. SR 101, the primary arterial serving the Eastern Peninsula, is approximately 1/2 mile distant and would be the main route for haul truck traffic thus sensitive residential neighborhoods would not be adversely affected by large volumes of haul truck traffic. While mining and processing activity in the current MRL area and the expansion area is visible from Penny Creek Road and the surrounding properties, there is little development in the vicinity such that a significant number of people would not be affected Further, as mining progresses, sequential reclamation will be conducted. There are no water resources—streams or wetlands—on site to be affected Slopes on the subject MRL expansion area are steep, but mining will be conducted in lifts to avoid triggering slides with adverse affects. While the Department of Fish and Wildlife Priority Habitat and Species maps show the subject property as being within or in the vicinity of certain species habitat or management areas, a site Penny Creek Quarry MRL Expansion Ecological Land Services, Inc. CP Amendment Application Exhibit E May 1, 2003 Page 3 MAY - 1 2003 specific evaluation indicates that mining will not adversely affect any of the identified fish or wildlife species. And, mining of the site after the MRL is approved would have no effect on flooding. Goal NRG 7.0 and the supporting policies call for the provision of mitigation for impacts related to mining and processing. While this application is only for a MRL zoning overlay, subsequent expansion of the Penny Creek Quarry will require Jefferson County environmental review and permit approval. A prerequisite of such approval will be a mine plan designed to comply with county regulations and performance standards, and which follows the usual sequencing when potential adverse impacts appear likely: avoidance, reduction, mitigation. Goal NRG 8.0 and supporting polices require that county mineral resource lands are appropriately reclaimed with functions of the landscape restored from the activities of mining. This directive will be accomplished through the county's review of the mining permit application and environmental analysis. It is important to note that the proposed mine expansion plan and reclamation plan must be approved not only by Jefferson County, but also by the Washington Department of Natural Resources which requires sequential reclamation by rule to ensure that the effects of mining are limited and the land is restored as mining progresses, and a substantial bond to ensure that the work is performed This dual review will ensure that the site is reclaimed after mining is completed Goal NRG 9.0 and supporting policies call for mining activities to include the preservation of water resources, both surface and groundwater. This directive will be fulfilled via a mining plan designed to meet both county and state standards. Approval of the Penny Creek Quarry MRL expansion area either will immediately be consistent with and fulfill the goals of the comprehensive plan, or will do so through a mining and reclamation plan designed to meet all county and state performance standards, and where adverse environmental impacts are apparent, include appropriate mitigation measures. g. Will the proposal result in probable significant adverse impacts to the county's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated? While approval of the MRL overlay will lead to expanded mining at the Penny Creek Quarry, it will not increase any demand for county services. Expanded mining will not be at a rate or intensity greater than the current levels. Traffic generated from the expanded mine will be consistent with current rates. There will be no need for public capital facility expansion to serve the additional mine area. And, the final mining plan will be required to be based on a reclamation plan that restores the site to a condition comparable to that existing Penny Creek Quarry MRL Expansion Ecological Land Services, Inc. CP Amendment Application Exhibit E May 1, 2003 Page 4 MAY - 1 2003 h. Will the proposal place uncompensated burdens upon existing or planned service capabilities? The proposed MRL overlay is intended to only to expanded mining at the Penny Creek Quarry. No services are presently delivered and none are planned or needed for the expansion. i. How is the subject parcel(s) physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to the following: (i) Access; (ii) Provision of utilities; and (iii) Compatibility with existing and planned surrounding land uses? Approval of the MRL overlay (and ultimately the expanded mining operation) is an appropriate action for the County and the subject property. Mining has been approved and ongoing on adjacent properties. Penny Creek Road provides direct access to the subject property through the existing mine. No transportation improvements will be required to access the MRL expansion area, and because expanded mining will occur at the present level of intensity resulting in no increase in haul truck or employee traffic, no transportation improvements are necessary to accommodate the expansion. Because there is no development associated with the proposal, utilities are not required. Water and sanitary facilities at the existing mine would continue to adequately serve employees in the expansion area. The subject property is bounded to the north and west by state owned forest land that has been partially logged in the last two years. Forestry is perhaps the most appropriate land use to be located adjacent to a surface mine because of the sheer lack of population potentially affected by mine operations. Otherwise, the neighboring land uses are sparsely developed rural residential activities distal to the subject site. j. Will the proposal, if adopted, create a pressure to change the land use designation of other properties? If the answer is yes, how would such change of land use designation on other properties be in the long-term best interest of the county as a whole? Expanding the MRL designation to the entirety of the Phillips' Penny Creek Quarry ownership is not expected to create or increase pressure to change the land use designations of other properties in the vicinity. Planned uses to the north and west bordering the subject property are for continued forestry. The MRL overlay already exists to the south of the subject property and mining has been ongoing on that site for several years. The only known request for amendment in the vicinity is this application. Penny Creek Quarry MRL Expansion Ecological Land Services, Inc. CP Amendment Application Exhibit E May 1,2003 Page 5 MAY - 1 2003 k. Does the proposed site-specific amendment materially affect the land use and population growth projections that are the bases of the Comprehensive Plan? The proposed MRL overlay will not have any effect on the land use or population forecasts of the comprehensive plan. The goal of the applicants is only to provide sand and aggregate materials to the construction industry. In essence, Penny Creek Quarry does not create a market which would attract growth and development—it merely supplies the demand that is otherwise evident. 1. If the proposed redesignation/rezone is located within an unincorporated urban growth area (UGA), would the proposal materially affect the adequacy or availability of urban facilities and services to the immediate areas and the overall UGA? The proposed rezoned is not within a UGA. m. Is the proposed amendment consistent with the Growth Management Act (Chapter 36.70A.RCW), the County Wide Planning Policy for Jefferson County, and other applicable inter-jurisdictional policies or agreements, and any other local state or federal laws? The Growth Management Act calls for counties to designate mineral resources lands (in addition to timber and agricultural resource lands) of long-term commercial significance as a means of providing for their on-going economic viability. Because the subject property exhibits the characteristics required by UDC 3.6.3, granting the MRL overlay to the Penny Creek Quarry expansion area would be consistent with this aspect of the GMA. The only countywide planning policy applicable to this application is the policy regarding resource lands stating that urban growth areas should be separated by rural or resource lands, topographic features and open space. The subject property is far separated from the nearest urban growth area or urban village, and because of that distance while not helping to define an urban area, certainly meets the criteria of not being within such boundary, and is thus consistent. Because the site is exclusively within the land use regulatory jurisdiction of Jefferson County, there are no inter jurisdictional policies or agreements applicable to this proposal. Designating the subject property with the MRL overlay would have no effect on other local, state or federal regulations. Mining the property subsequent to the MRL designation will be required to be permitted by both the county and state agencies responsible for mining and reclamation, water quality, air quality, land use compatibility and other environmental considerations. Because of the characteristics of the subject property and its secluded location, the mining plan is anticipated to be capable of meeting all state and local standards. Penny Creek Quarry MRL Expansion Ecological Land Services, Inc. CP Amendment Application Exhibit E May 1,2003 Page 6 14'illI<>1, JEFFERSON COUNTY '► DEPARTMENT OF COMMUNITY DEVELOPMENT 4 4 621 Sheridan Street• Port Townsend •Washington 98368 MAY - 1 2003 ''fvo 360/379-4450.800/831-2678.360/379-4451 Fax www.co.jefferson.wa.us/commdevelopment Master Land Use Permit Application Checklist This packet contains materials to help you make application for permits and approvals under the Unified Development Code. The list below details those documents that constitute a complete application. Yes No N/A a ❑ ❑ Pre-Application Conference held. If the project application is made for a Type II or Type III permit or a Type I application proposing impervious surfaces of ten thousand (10,000) square feet or more and/or non-single family structures of five thousand(5,000)square feet or more a conference.is required. Otherwise,this does not apply. ❑ A completed Master Land Use Permit Application Form (attached) This application must be signed by the property owner(s)and the agent,if an authorized agent is designated. [- ❑ The applicable fee,as set forth in the Jefferson County Fee Ordinance(see attached). ❑ ❑ A Site Plan. All site plans shall be drawn with a straight edge and features shall be to scale. For Residential Applications-A site plan printed on 11"x17"(or smaller)paper with a graphic scale of 1"=50'for parcels over one acre in area and 1"=25'for parcels under one acre showing the following. ❑ North arrow ❑ Title block with the project name and address,drawing title,tax parcel number,and the name/address/phone of the person preparing the drawing. O All property boundaries,total parcel acreage or square footage dimensions,and the land use on adjoining parcels O Building footprint and square footage for all proposed and existing structures[for Site Plan Approval Advance Determination (SPAAD)applications show buildable area rather building footprint] O Environmentally sensitive areas such as ravines,seasonal creeks,bodies of water,wetlands,steep slopes,etc. ❑ On-site septic system location or sewer lines(existing or proposed) O Well location or water lines O Impervious surfaces such as driveways or patios O Setback distances from property boundaries to structures,distance between structures,and distance from structures to environmentally sensitive areas such as wetlands,shorelines,steep banks,etc. O Location of any easements and encumbrances such as utility or access easements O Method and location of stormwater disposal facilitates such as drainage swales,tghtlines,dry wells,curtain drains,etc. ❑ For applications on marine or river shorelines show ordinary high water mark,top of banks and height of banks For Commercial.Industrial. Multifamily and Small-scale Recreational and Tourist Uses as listed in Table 3-1- A A site plan prepared by a licensed civil engineer,architect,or landscape architect containing the following information in addition to the general information required above(in these instances,site plans may be printed on larger paper). O All existing and proposed development or use areas. ❑ Existing structures and significant features on the subject property and on adjacent properties. O Property lines,adjoining streets,and immediately adjoining properties and their ownership. O The layout of an internal vehicular and pedestrian circulation system,including location and dimensions of existing and proposed improvements on public rights-of-way such as roads,sidewalks,and curbs. ❑ Comer grades and existing contours of topography at five-foot contour intervals. O Existing and proposed grades and volume and disposition of excavated material,if applicable O Natural drainage direction and storm drainage facilities and improvements. ❑ Locations of all existing and proposed utility connections ❑ Parking spaces and driveways. O Proposed landscaping. DIV ❑ ❑ A State Environmental Policy Act(SEPA)checklist(unless project is SEPA exempt) ❑ ❑ 133#. Evidence of available and adequate water supply, if applicable,as required by the Jefferson County Department of Health and the Coordinated Water System Plan. ❑ ❑ Q' Evidence of sewer availability, septic approval, or septic suitability, if applicable, as required by the Jefferson County Department of Health for wastewater disposal. ❑' ❑ ❑ Supplemental application sheets,if applicable. MASTER LAND USE PERMIT.DOC REV.0724/2002 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT SEPA ENVIRONMENTAL CHECKLIST A. BACKGROUND Application No. 1. Name of proposed project, if applicable: Penny Creek Quarry Mineral Resource Land (MRL) Zoning Overlay Expansion 2. Name of applicant: Gary and Mari Phillips, Kelly Phillips, Richard A. Maki, Jr., and Kristian N. Maki. 3. Address and telephone number of applicant and contact person: Applicant: Gary Phillips Penny Creek Quarry 450 Penny Creek Road Quilcene, WA 98376 (360) 765-3413 Contact: Skip Urling Ecological Land Services, Inc. 1157 3rd Ave., Suite 220 Longview, WA 98632 (360) 578-1371 4. Date checklist prepared: MAY - 1 2003 April 30, 2003 5. Agency requiring checklist: Jefferson County Department of Community Development 6. Proposed timing or schedule (including phasing, if applicable): Expansion of the MRL overlay is requested as part of the Comprehensive Plan 2003 annual review cycle. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: Following approval of the MRL overlay expansion, applications will be submitted to the county and the Department of Natural Resources for mining and reclamation permits. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. DNR Mining and Reclamation Plan. DOE Sand and Gravel General Permit Application. State of Washington Department of Fish and Wildlife Services Priority Habitats and Species data search. U.S. Fish and Wildlife Services data search regarding ESA protected species. NOAA Fisheries on-line data search regarding ESA protected species. DNR National Heritage Information System data search for rare plants or high quality ecosystems. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: None are known. 10. List any government approval or permits that will be needed for your proposal, if known. • Jefferson County -MRL Overlay, Type 1 Permit for mine expansion • Washington Department of Natural Resources — County or Municipality Approval For Surface Mining (Form SM-6) • Washington Department of Natural Resources—Surface Mining Reclamation Permit • Washington State Department of Ecology—Sand and Gravel General Permit (NPDES) 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Mari and Gary Phillips and their children propose to expand the MRL zoning overlay to 36.79 acres abutting the existing Penny Creek Quarry for which the MRL overlay was granted to 19.34 acres in 1997. Approval of the MRL expansion will result in approximately 56 acres of common, contiguous property for which a comprehensive Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 2 MAY - 1 2003 mining and reclamation will be prepared. Current mining disturbance, including an existing quarry previously owned by Jefferson County, encompasses approximately 9 acres. The project site currently contains portable rock processing equipment that crushes and screens the aggregate to market specifications. No additional processing equipment or operational equipment is anticipated. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township and range, if known. If a proposal would occur over a large area, provide the boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The Penny Creek Quarry is located at 450 Penny Creek Road, in the Southeast '/ of Section 22, Township 27 North, Range 2 West, W.M., 1.5 miles southwest of Quilcene. EVALUATION FOR TO BE COMPLETED BY APPLICANT AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a) General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. The existing quarry and proposed expansion tracts are located in a hilly to relatively steep area with sharp drops in the active quarries. There are natural rock bluffs directly above the excavated rock face and across the Big Quilcene River to the southwest of the site. b) What is the measurement of the steepest slope on MAY - 1 2003 the site (approximate percent slope)? The steepest natural slope on the site is above the actively mined quarry face: approximately 75%. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 3 c) What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The US.D.A. Soil Conservation Service (SCS) "Soil Survey of Jefferson Count Area, Washington, 1975" identifies the surface soils as Olete-Hoodsport Complex (made up of about equal proportions of Olete very gravelly silt loam and Hoodsport very gravelly sandy loam) and Olete very gravelly silt loam. The Olete series consists of well-drained, very gravelly soils underlain by basalt bedrock at a depth of 20 to 30 inches. d) Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No instability has been observed. Quarry expansion should reduce any potential for slope instability on the interior of the site by reducing existing slope grades as part of the mining plan and subsequent reclamation. Mining at this site will utilize the cut method with progressive benches laid back from the pit floor: no r backfilling is proposed. The majority of the project site is shown as a moderate to slight designated landslide hazard area on Jefferson County Critical Areas overlay maps. e) Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Subsequent to the MRL expansion, temporary removal and stockpiling of the soils and overburden overlying the marketable mineral resources will be required during mining operations. This stockpiled topsoil/overburden will then be replaced and regraded to the final contours according to the mine reclamation Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 4 plan. These topsoil and overburden materials will be sequentially replaced as each segment of mining is completed. f) Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion could occur along the actively mined sections of the pit where cut slopes have not yet been reclaimed. Erosion could also occur from the stockpiled overburden and topsoil until they are stabilized. Reclamation will follow each mining segment in a contemporaneous manner minimizing any potential for erosion, and stockpiled materials will be surrounded stabilized with vegetation. g) About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? None. h) Proposed measures to reduce or control erosion, or other impacts to the earth, if any: All stormwater will be contained and infiltrated within the permit boundary. During reclamation of the site, MAY - 1 2003 stable slopes (no steeper than 2:1) will be regraded with drainage structures (vegetated swales and infiltration cells) designed to accommodate peak- prediction runoff and thereby reduce potential erosion. As the marketable resource material is exhausted in portions of the pit, these areas will be reclaimed while active mining moves to the next segment. This phased reclamation limits the amount of exposed surface material to the actively mined segment. Erosion from stockpiled overburden will controlled with typical measures such as silt fences or straw bales Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 5 until vegetation can be established to stabilize the piles. 2. Air a) What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Dust will be generated from mining equipment, processing equipment, occasional blasting, loading and hauling of materials. Emissions and particulate levels are not expected to increase beyond what is currently generated by the mining operation. b) Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No. c) Proposed measures to reduce or control emissions or other impacts to air, if any: The quarry operation is currently registered with the Olympic Air Pollution Authority and has an approved air pollution control plan on file. Equipment will be kept well maintained and in good repair, with appropriate emission control systems. The site will be MAY - 1 2003 reclaimed in phases to limit the amount of exposed surface at any one time The permitted mining operation will employ the Best Management Practices of the industry to control dust, including wetting the excavation and processing area, haul roads, and stock piles as needed. Both existing portable rock crushers are in compliance with the requirements of the Olympic Air Pollution Control Authority. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 6 3. Water a) Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The site is located on the slope north of the confluence of Penny Creek and the Big Quilcene River. The proposed mining disturbance boundary is at least 1000 feet from the river or the creek and is separated from them by either or both S.R. 101 (southeast) and Penny Creek Road(south). A small seep discharges from the southwest corner of the rock face of the existing quarry. Seepage in conjunction with stormwater is collected on the working pit floor and piped to a sedimentation pond. Field observations (January, February and March 2003) estimate the flow between 0.5-2.0 gal/min. No riparian areas or wetlands are located within the proposed MRL expansion area. 2) Will the project require any work over, in, or adjacent to (within 200 feet) of the described waters? If yes, please describe and attach available MAY - 1 2003 plans. No. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands indicate the area of the site, which would be affected. Indicate the source of fill material. None. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 7 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b) Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. Water to control dust will be hauled to the site. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, MAY containing the following chemicals...; agricultural; - 1 2003 etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 8 c) Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Although several recent field observations over a three-month period have not found evidence of stormwater runoff it is reasonable to expect that runoff may occur due to the nature of the soils and slopes on site. The mining and reclamation plan for the expanded quarry will include an infiltration drainage plan with vegetated swales and a settling pond constructed for the collection and treatment of stormwater. Mining will be conducted in segments and each segment constructed to contain all potential runoff from leaving the site. A small seep from the existing rock face is currently being collected on the quarry floor and piped to a constructed settling pond, which will be maintained throughout the life of the mine. 2) Could waste materials enter ground of surface waters? If so, generally describe. No. See below. d) Proposed measures to reduce or control surface, MAY - 1 2003 ground and run-off water impacts, if any: The mining and reclamation plan for the expanded quarry will comply with all applicable requirements of the State Water Quality Program Sand & Gravel General Permit, including a stormwater management and erosion control plan. A Spill Prevention, Containment and Countermeasures Plan will be prepared and followed while operating at this site and Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 9 should prevent any accidental oil or fuel spills from reaching ground water. Potential run-off will be contained in settling ponds and infiltration swales in a drainage system designed to not appreciably alter the natural hydrologic conditions or balance of the site. 4. Plants a) List types of vegetation found on the site: deciduous trees: Red alder, vine maple. evergreen trees: second or third-growth Douglas-fir, western hemlock. shrubs: Himalayan and trailing blackberry, vine maple, sword fern, salal, Oregon grape, rhododendron. grass: various species on recently disturbed areas. pasture: none. crop or grain: none. wet soil plants: none. water plants: water lily, eelgrass, milfoil, other: none. other types of vegetation: mosses, lichens. MAY 2003 b) What kind and amount of vegetation will be removed or altered? No vegetation will be removed as part of the MRL overlay action. Approximately 40 acres of forest vegetation will be removed within the 56 acres of Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 10 mining area under Phillips family ownership. Approximately 15 acres to the north of the previously mined area has recently been clear-cut. (FPA/N # 2605231). Removal of the timber and understory and subsequent reforestation will occur in phases as mining progresses according to a segmented mining and sequential reclamation plan. c) List threatened or endangered species known to be on or near the site. A data search of DNR's National Heritage Information System resulted in no record for rare plants or high quality ecosystems in the vicinity of the project. d) Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Following the reclamation requirements of RCW 78.44, all topsoil and overburden in the proposed mine expansion area will be salvaged, stockpiled, and used to revegetate reclaimed segments of the mine site. The subsequent use of the site will be rural residential consistent with current or future zoning and reclamation will focus on the planting of native tree and grass species. 5. Animals a) List any birds and animals that have been observed on or near the site, or are known to be on or near the site birds: songbirds, crows, raptors, woodpeckers,jays. MAY - 1 2003 mammals: deer, rodents, rabbits, raccoons, opossum fish: none Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 11 b) List any threatened or endangered species known to be on or near the site. The Washington Department of Fish and Wildlife Services Data Search Regarding Habitats and Species, and U.S. Fish and Wildlife Services Data Search Regarding Endangered Species were searched. These reports concur that no breeding, spawning,foraging or nesting of Endangered or Threatened Species has been recorded on the project site. The nearest Priority Anadromous/Resident Fish Presence has been recorded in the Big Quilcene River, approximately 1,000 feet south of the subject property boundary at its nearest point. Other Priority and State-monitored species (Harlequin ducks, ospreys and bald eagles) utilize Penny Creek and the Big Quilcene River riparian areas for breeding, nesting, and foraging. A single osprey nest, located downstream of the mine site, is "well outside" the WDFW- recommended 660 feet buffer. The closest eagle roosting area is reported as being '/ mile from the project site, and the closest bald eagle nest is approximately %2 mile from the site (WDFW). "It appears from the site plan that all recommended buffers will be met for Harlequin ducks therefore it is unlikely that the proposal will have a significant impact on this species" (WDFW). The subject property is 1.5 miles from any active spotted owl or marbled murrelet nest. The site is MAY _ 2003 within two established spotted owl management circles. U.S. Fish and Wildlife Service reports that "critical habitat" for the marbled murrelet and the northern spotted owl "has been designated within the vicinity of the project. " A WDFW Data Analyst has suggested that much of the area within the WDFW Spotted Owl Management Circle Established Territory is not spotted owl habitat and that the project may not result in any habitat loss. (Ann Potter,pers. comm.). Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 12 c) Is the site part of a migration route? If so, explain. Yes. Pacific Flyway. d) Proposed measures to preserve or enhance wildlife, if any: The zoning for this site is Rural Residential 1:5 and 1:20. Vegetation and landscape management of rural home sites tends to promote wildlife use by species that benefit from the edge effect of open space adjacent to woodlands. The reclamation plan will provide for sequential revegetation of each mined segment with native tree species and/or pasture grasses, depending on soils, slopes, and plans for subsequent development as home sites. 6. Energy and Natural Resources a) What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity from an enclosed on-site generator is used to power the operational equipment such as the jaw crusher and screening equipment. Diesel fueled trucks and loading equipment are also utilized. b) Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No MAY - 1 2003 Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 13 c) What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. Environmental Health a) Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe: Explosives will be used occasionally to fracture the rock formation as part of the excavation process. Generator and loading equipment are refueled on onsite from a mobile 1000 gallon. fuel truck. There are no fuel tanks on site. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards: Best management practices will be employed on the site to reduce the potential for accidental fuel or oil spills from occurring during equipment refueling. BMPs will also be used to quickly and completely clean up any spills consistent with the spill prevention countermeasure and control plan and remove soil or MAY - 1 2003 other spilled-on material to an approved disposal site. All blasting will be conducted by a licensed blasting contractor who will be responsible for compliance with the Department of Labor and Industry's "Safety Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 14 Standards for the Possession and Handling of • Explosives" (Chapter 296-52 WAC). b) Noise 1) What types and levels of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? There are no noises in the vicinity that affect the existing mining operations or could affect those proposed in the expansion area. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Mine operation equipment, specifically wheel loaders, excavators, trucks, crushing and screening equipment are currently active during daylight hours (7:00 AM to 7:00 PM Monday through Saturday). No change in operating hours is proposed. Occasional drilling and blast events, supervised by a licensed blasting contractor, can also be expected based on market demand and volumes being excavated. Blasting has historically been conducted two to three times per year. County notification procedures for surrounding property owners will be followed prior to any scheduled blast. 3) Proposed measures to reduce or control noise MAY - 1 203 impacts if any: Mining as proposed for this site will create a "box" cut surrounding the benched working face that will attenuate noise impacts. The noise-muffling effect will increase with the sequentially reclaimed mined topography and the distance of the operations from the Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 15 scattered residences in the vicinity. All equipment, including the loaders, excavators, and haulers, are outfitted with mufflers that will be kept in good operating condition. Blasting will be kept to minimum, with the majority of the rock material capable of being extracted with mechanical ripping (two to three blast events per year anticipated). 8. Land and Shoreline Use a) What is the current use of the site and adjacent properties? Mining, timber production, and low-density rural residential. b) Has the site been used for agriculture? If so, describe: No. c) Describe any structures on the site. Scale shack, metal pole building. d) Will any structures be demolished? If so,what? Not until completion of mining. e) What is the current zoning classification of the site? Rural Residential 1:5 and 1:20 f) What is the current comprehensive plan designation of the site? MAY - 1 2003 Rural Residential Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 16 g) If applicable, what is the current shoreline master program designation of the site? Not applicable. h) Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes. Critical Aquifer Recharge Area and Geologic Hazard Area. i) Approximately how many people would reside or work in the completed project? Typically during active mining phases, and dependent on market demand, 1-4 people would be expected to be working on-site during normal operating hours. j) Approximately how many people would the completed project displace? None. k) Proposed measures to avoid or reduce displacement impacts, if any: None. 1) Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The processing area for the existing and proposed mine expansion area will remain at the current MAY - 1 2003 location and is expected to operate at current levels. Mining in the expansion area will be conducted according to a mining and reclamation plan prepared to county and state performance standards and specifications. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 17 9. Housing a) Approximately how many units would be provided, if any? Indicate whether high-, middle-, or low- income housing. None. b) Approximately how many units would be eliminated, if any? Indicate whether high-, middle-, or low- income housing. None. c) Proposed measures to reduce or control housing impacts, if any: None. 10. Aesthetics a) What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The portable rock crushers and screening equipment are the tallest (approximately 20' high) structures on site. b) What views in the immediate vicinity would be altered or obstructed? None. MAY - 1 2003 c) Proposed measures to reduce or control aesthetic impacts, if any: A mining and reclamation plan approved by the county and WDNR will be followed to sequentially mine and restore the current MRL designated area and the expansion area... The reclamation plan will include a Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 18 design to restore the aesthetics of the site. These features include sinuous slopes with varied topographic relief.. 11. Light and Glare a) What type of light or glare will the proposal produce? What time of day would it mainly occur? No lighting is proposed in the expansion area as operations occur primarily during daylight hours. b) Could light or glare from the finished project be a safety hazard or interfere with views? No. c) What existing off-site sources of light or glare may affect your proposal? None. d) Proposed measures to reduce or control light and glare impacts, if any: None. 12. Recreation a) What designated and informal recreational opportunities are in the immediate vicinity? None. MAY - 1 2003 b) Would the proposed project displace any existing recreational uses? If so, describe. No. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 19 c) Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. Historical and Cultural Preservation a) Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe. None are known. b) Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None are known. c) Proposed measures to reduce or control impacts, if any: Not applicable. 14. Transportation a) Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on-site plans, if any. The site is located Penny Creek Road 0.5 miles southwest of the intersection of State Route. 101. Penny Creek Road is an asphalted county road that has been used by haul trucks from the existing quarry MAY - 1 2003 for a number of years. b) Is site currently served by public transit? No. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 20 If not, what is the approximate distance to the nearest transit stop? Quilcene, WA: 1'/2 miles. c) How many parking spaces would the completed project have? How many would the project eliminate? The mine does not have formal parking spaces. d) Will the proposal require any new roads or streets or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No. e) Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f) How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Based on present levels of operation, haul trucks leave the site between 0 and 15 times per day. Because of the constraints and unpredictability of market demand, traffic generation will vary over the life of the mine. g) Proposed measures to reduce or control MAY - 1 2003 transportation impacts, if any: Because mining at the current site and expansion area is expected to continue at present levels, traffic is not anticipated to increase and the level of service of the local and regional transportation facilities will not be Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 21 affected. No measures to reduce or control transportation impacts are necessary. 15. Public Services a) Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b) Proposed measures to reduce or control direct impacts on public services, if any. None. 16. Utilities a) Utilities currently available at the site: Electricity and telephone. b) Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity,which might be needed. Since the existing equipment powered by the on-site generator is expected to continue to meet the needs of MAY - 1 2003 the surface mine, no utilities are proposed for this project. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: t. Date submitted: May 1,2003 Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Checklist April 30, 2003 Page 22 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (Do not use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction q Yg � Y p conjunction the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; productions, storage, or release of toxic or hazardous substances; or production of noise? The proposal is ultimately for an expansion of an existing quarry (to approximately 56 acres) and initially for a Mineral Resource Lands (MRL) Overlay Designation for 8 parcels now designated Rural Residential. The requested overlay would add approximately 33.79 acres of MRL designation to 19.34 acres already designated MRL. The extension of the life of the quarry operation via an expanded MRL overlay has the potential to produce on-going impacts to air quality I through the generation of dust, impacts related to noise from rock rushing and blasting and impacts to the associated critical aquifer • MAY - 1 2003 ftecharge area from possible oil or fuel spills. None of these impacts is likely to increase beyond present levels. The existing quarry does not discharge runoff to surface waters or store or release hazardous substances. All seepage is currently diverted to a constructed settling pond. No toxic or hazardous substances are stored on site. No change in fuel storage needs is anticipated. Proposed measures to avoid or reduce such increases are: Dust impact will continue to be mitigated with the application of water to the active mining area and to dust producing equipment, as needed. The mine operators have registered the current operation with the Olympic Air Pollution Authority and are monitored by that agency. Noise impacts will be mitigated by reliance on a licensed blasting contractor to oversee all blasting events and to be responsible for the handling and management of explosives according to state law. No explosives are or will be stored on site. Blasting is anticipated to occur only 2-3 times per year. County notification procedures for affected property owners will be followed prior to all scheduled blasts. Impacts related to critical aquifer recharge will be mitigated by compliance with ground water protection best management practices found in the mining and quarrying performance standards contained in Sections 4 & 6 of the Jefferson County Unified Development Code. 2. How would the proposal be likely to affect plants, animals, fish or marine life? Mining by its nature affects plant and animal life. Vegetation will be removed and soils will be stripped and stockpiled. The effects of operations at the Penny Creek Quarry, however, will be minimized by the location of the site and the nature of previous disturbances (logging, mining and road-building) that have already limited the site's value as wildlife habitat. There is no old growth forest remaining within the proposed project boundaries, or anywhere adjacent. Most of the forested areas on-site are Douglas-fir stands ranging in age from 8-40 years. There are no wetlands or riparian areas within the proposed project boundaries. The nearest water body is the Big Quilcene River, which is approximately 1000 feet from the nearest boundary. Penny Creek is no closer than 1300 feet. The project does not infringe on any shoreline or wildlife management buffers established along riparian corridors. Please see the fish and wildlife impacts analysis attached to the application. Proposed measure to protect or conserve plants, animals, fish or marine life are: A mine reclamation plan, approved by the county and the Department of Natural Resources, will establish the post-mining site design and the methods for achieving the post-mining land-use goal (Rural Residential). In the on-going process of reclaiming the site, wildlife habitat will be rehabilitated with replacement of soils and revegetation. Regrading the site will establish topography that blends with adjacent contours and minimizes potential f o r erosion. Revegetation with native trees and grasses according to this plan will stabilize slopes and ultimately improve the site's habitat value. The mine reclamation plan includes a stormwater control and drainage design to prevent unfiltered runoff from reaching surface or groundwater. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Supplemental Checklist April 30, 2003 Page 2 This system will be designed to keep all stormwater runoff on site: it will be directed to constructed infiltration swales or sedimentation ponds. In conjunction with the best management practice provisions of an NDPES water quality permit issued by the Department of Ecology, the mine reclamation plan will protect fish and wildlife from the impacts of uncontrolled runoff. 3. How would the proposal be likely to deplete energy or natural resources? Since mineral resources are non-renewable, the mining proposal will inevitably deplete these resources. Other natural resources, such as timber and wildlife habitat, can be renewed and enhanced through implementation of a site-appropriate reclamation plan. Energy resources will not be depleted by this proposal; no additional consumption of fuel is anticipated beyond what is already required to maintain operations. �Qy Proposed measures to protect or conserve energy and natural resources are Sequential reclamation of the site according to a county and state- approved mine reclamation plan. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks,wilderness,wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites,wetlands, floodplains, or prime farmlands? The proposal will utilize, but is not likely to adversely affect, areas that have been designated environmentally sensitive by Jefferson County. Potential impacts to Critical Aquifer Recharge area will be minimized by compliance with a NPDES Sand and Gravel General Permit) and by the use of a Spill Prevention, Containment and Countermeasures Plan in the event of accidental fuel or oil spills. Potential impacts to Geologic Hazard Areas will be minimized by the reduction of existing slope grades as part of the mining and reclamation plan. The cut method of mining will result in progressive benching laid back from the quarry floor; benched slopes will be re-graded into the surrounding topography at no steeper than 2:1. Reclamation will be accomplished in phases as mining progresses and will result in less exposed surface area at any one time. Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Supplemental Checklist April 30, 2003 Page 3 Sequential revegetation of mined segments will help stabilize slopes and prevent erosion. Note: a Mineral Resource Lands overlay on 20 adjacent acres with the same critical areas' designation was granted by the County in 1997 (ZON96-0042). There are no other areas on the subject property that have been established as environmentally sensitive or designated for government protection. Habitat for the northern spotted owl and the marbled murrelet has not been established for the area within the proposed boundaries. The nearest active nest site recorded for either species is one and one-half miles from the project boundary. The Department of Natural Resources recently (April 2, 2003) issued a Forest Practices approval for timber harvest on 15 acres within the subject property. The absence of old growth forest habitat and continued logging, plus the County land-use designation of Rural Residential, would seem to make the project site not preferred for either species. o Proposed measures to protect such resources or to avoid or reduce impacts are: } Sequential reclamation of the site according to a state-approved and county-reviewed mine reclamation plan, which will establish controls for stormwater runoff and will minimize erosion. The mine plan and operations will comply with the mining and quarrying performance standards for ground water protection best management practices pertaining to operation, closure and crushing contained in Sections 4 and 6 of the Jefferson County Unified Development Code. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed project boundaries are outside of the floodplain and more than 200 feet distant from the Big Quilcene River, and therefore outside of any shoreline designation. The Jefferson County land-use and zoning designation for this property is Rural Residential, 1:5 and 1:20. Post-mining reclamation of this site can be easily designed to accommodate a subsequent use as rural home sites. The establishment of gradual (no steeper than 3:1) slopes and grading of the reclaimed areas to blend with the contours of the surrounding Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Supplemental Checklist April 30, 2003 Page 4 topography will provide erosion control and minimize landslide hazards. Phased post-mining revegetation with native species will provide additional stability and aesthetics and further encourage the proposed land use. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Access to the quarry is via Penny Creek Road. Traffic from the site is currently in the range of 0-15 trips per day, depending on varying market demand for the rock resource. This traffic level is not expected to increase as mine operations continue into the proposed expanded MRL. There is currently no demand for public services or utilities generated by the mining operation. This is not expected to change while the site is utilized for mining. Proposed measures to reduce or respond to such demand(s) are: Not applicable 7. Identify, if possible,whether the proposal may conflict with local, state or federal laws or requirements for the protection of the environment. For the reasons previously stated, the proposed Mineral Resource Lands Overlay Designation is not in conflict with any known local, state or federal laws or environmental protection requirements MAY - 1 2003 Penny Creek Quarry Mineral Resource Lands Expansion Ecological Land Services, Inc. SEPA Supplemental Checklist April 30, 2003 Page 5 Penny Creek Quarry MRL Expansion Application 8. Please provide an explanation of why the amendment is being proposed. Mari and Gary Phillips are owners and operators of the existing 19.34 acre Penny Creek Quarry which was designated with the Mineral Resource Lands zoning overlay in 1997. The Phillips, along with their children, also own 36.79 acres of land immediately adjacent to the north and east of the existing MRL overlay area. Included in this contiguous ownership is a 3.75 acre parcel once operated a surface mine by Jefferson County. Based on the basalt formation visible at the existing quarry as well as at the old county quarry, on mapped geology of the area,and data from well logs in the vicinity,the vast majority of the subject 36.79 acres is believed to contain commercial quantities of highly valuable mineral resources. 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(.,, - 00 o -s Q c c �' a o m o n1 m(i) O O ` o ac � O o m o 0 o N � o o o 3 m m c y m N N E a ° � o � o o �. 0 0 0 o N o m °Q � o a c o m N m D o < o 3 f m m ° x d m 0 0 m o 3 o CO r m •n m O u m o - o O O - c' N W-•fTl ( m N N N Q N N n o d m m m m co co 7 .g Q c N m n n 0 0 r o)N c0 N N C m N D w O a Po N � m o . o m N = n n u r_ N Q o- -0 w n F4.•,„_, r r m a -o I o m . CD n ' � v m _ 7 CD m 0 5' m o d ° m < ° m 0m N O m x 5^. o m N w s o a• N oi. n cn w n in•< a 5 N . o T o T O fl cp o C w = 7 C co 3 A 0 (D (U 3 N N A `< -0 N ! ECOLOGICAL LAND SERVICES, INC. DATE 4/2003 NATURAL RESOURCE CONSULTING EXHIBIT A AND LAND PLANNING DWN. MM Penny Creek Quarry 1339 Commerce Ave.,Suite 311 APPR. RG 450 Penny Creek Road Longview,WA 98632 Portion of Section 22, T27N, R2W, W.M. (360)578-1371 Fax:(360)414-9305 REVIS. 4-30-03 - r. MAY - 1 2003 Penny Creek Quarry Mineral Resource Lands District Overlay Expansion Application UDC Section 3.6.3 Criteria Mari and Gary Phillips are owners of the existing Penny Creek Quarry located at 450 Penny Creek Road in Quilcene. The existing quarry covers two parcels-702224002 and 702224006—totaling 19.34 acres and was granted the designation of"mineral lands of long term significance"February 10, 1997. See File ZON96-0042. The Phillips and their children, who collectively own the property adjacent to the existing MRL overlay, wish to expand the family operated quarry and request that Jefferson County designate the "Mineral Resource Land Overlay District" to the adjacent contiguous 35.17 acres of ownership. Mineral Resource Lands of long-term commercial significance are those lands from which the commercial extraction of minerals (sand, gravel, rock and other valuable aggregate or metallic substances) can be anticipated within 20 years and which are characterized by six criteria. The designation criteria from Jefferson County Unified Development Code (UDC) are presented below followed by a demonstration that the request is consistent with those criteria. UDC 3.6.3 a. Have a known or potential extractable resource in commercial quantities verified by submittal of a geologic and economic report prepared by a qualified professional The subject 35.17 acres has a substantially volume of high quality mineral resources in commercially viable quantities. Please see the attached report for a detailed analysis. UDC 3.6.3 b. The parcel is a minimum of ten (10) acres in size. The area requested for the zoning overlay consists of 37.79 acres (Parcels 702224023, 702224024, 702224025, 70222426, 70222403, 702224011, 702224012, and 702224010) in Section 22, T27N, R2W, WM, the Phillips own adjacent to the current permit area. It is important to note that Parcel 702224010 was until recently a surface mine owned and operated by Jefferson County, and recently granted"grandfather"as a nonconforming use with rights to continue mining. The total contiguous, common family ownership is greater than the 10 acre minimum for the overlay and satisfies the intent of this criterion. UDC 3.6.3 c. The subject property is surrounded by parcels no smaller than five (5) acres in size on 100% of its perimeter. To the south of the subject property is the existing quarry which consists of a 9.34 acre parcel and a 10.00 acre parcel. To the west and northwest is Parcel 702221001, (229.97 acres) owned by the State of Washington. The state also owns the quarter-section (160 acres) Parcel 702221002, to the north the subject property. State Route 101 abuts the property on the east. Thus,the request meets the requirements of this criterion. MAY - 1 2003 UDC 3.6.3 d. The current or future land use designations will not exceed a residential density of one dwelling unit per five acres. The "Quilcene Comprehensive Plan Land Use Designations" map shows the subject property as RR 1:20 and RR 1:5. The proposal complies with this criterion. UDC 3.6.3. e. Are not within any shoreline designation or Rural Village Center or within one-half mile of any established or potential Urban Growth Area or Rural Village Center boundary, as shown on the Official Maps of the Comprehensive Plan. Quilcene, the nearest Rural Village Center to the subject property, is more than 1 mile east along SR 101. No urban growth boundaries are illustrated or known to exist in the vicinity of Quilcene; additionally, no potential urban growth areas of Rural Village Centers are shown as planned. Because the site is outside of the floodplain and more than 200 feet distant from the Big Quilcene River, it is outside of shorelines jurisdiction. Thus, the subject property meets the requirement of this criterion. UDC 3.6.3. f Are not within a regulated wetland or fish and wildlife habitat area pursuant to Section[s]3.6.8 and 3.6.9 of this Code. The subject property has been partially mined and a portion has been recently logged (FPA#2605231, issued April 2, 2003). There were no comments from any of the state or federal resource agencies to the Department of Natural Resources during the review of the application for that logging permit. Previous logging activities have resulted in the site being partially covered with multiple age stands of timber ranging from 5-8 to approximately 40 years. Approximately 40 acres of state land north of the subject property has been clear-cut within the last two years (Timber Sale: Four Penny, Agreement No. 30-071007). There were no resource agency comments to that timber sale as well. Correspondence from the Washington Department of Fish and Wildlife (WDFW) and a copy of WDFW's Priority Habitat and Species Map for the project vicinity indicate the presence of several fish and wildlife species in the vicinity of the subject property. The proposed expansion of the MRL overlay to the subject property and subsequent mining is not anticipated to adversely affect any of the identified species. Please see the attached analysis for further detail. Penny Creek Quarry MRL Expansion Ecological Land Services, Inc. UDC Section 3.6.3 Criteria May 1,2003 Page 2 GEOLOGIC AND ECONOMIC REPORT FOR PROPOSED PENNY CREEK QUARRY MINERAL RESOURCE LAND EXPANSION Quilcene, Washington Jefferson County MAY - 1 2003 Prepared For: Penny Creek Quarry 450 Penny Creek Road Quilcene,WA 98376 Phone: (360)765-3413 Prepared By: Ecological Land Services, Inc. 1339 Commerce Ave., Suite 311 Longview, WA 98632 (360) 578-1371 April 29, 2003 CONTENTS Geologic and Economic Report For Penny Creek Quarry 1 - INTRODUCTION 2 - SITE DESCRIPTION 2.1 —Site Location 2.2—Background MAY - 1 2003 3 - GEOLOGY 3.1 —Regional Geology 3.2—Site Geology 4- ECONOMICS 4.1 —Accessibility 4.2—Permitted Surface Mines With In Jefferson County 4.3—Size of Basalt Deposit 5- CONCLUSION REFERENCES LIMITATIONS FIGURES FIGURE 1 —Site Location Map FIGURE 2—1997Aerial Photograph FIGURE 3—Property Ownership Map FIGURE 4—Pre-Mining Topography Map FIGURE 5— Geologic Map MAY - 1 2003 1 —INTRODUCTION Ecological Land Services, Inc. (ELS) has prepared this Geologic and Economic report to support an application for a Mineral Resource Lands zoning overlay (MRL) on approximately 36 acres adjacent to the Penny Creek Quarry, an existing surface mine with the MRL overlay. This report, including the maps and figures, is intended to satisfy requirements as stated in Jefferson County Unified Development Code, Section 3 –Land Use Districts section 3.6.3(1a) (UDC). 2 — SITE DESCRIPTION 2.1 –Site Location The subject property is located approximately 1.5 miles southwest of Quilcene, Washington, north of the existing and county permitted Penny Creek Quarry at 450 Penny Creek Road (Figure 1). A 1997 aerial orthophotograph also identifies the site (Figure 2). The existing MRL overlay covers two parcels--702224002 and 702224006— totaling 19.3 acres (Figure 3). The area requested for the expanded zoning overlay consists of 36.79 acres (Parcels 702224023, 702224024, 702224025, 70222426, 70222403, 702224011, 702224012, and 702224010;) we note that the last parcel was the site of a county operated surface mine and has recently been granted "grandfather" status. The legal description of the existing quarry and proposed MRL overlay area where the mine would be expanded is the NW 1/4 of the SE 1/4, NE 1/4 of the SE 1/4, in Section 22, Township 27 North, Range 2 west of the Willamette Meridian. 2.2–Background Mari and Gary Phillips are owners of the existing Penny Creek Quarry located at 450 Penny Creek Road in Quilcene. The existing MRL quarry covers approximately 19 acres and was granted the designation of"mineral lands of long term significance" February 10, 1997. See File ZON96-0042. The Phillips and their children own approximately 37 acres adjacent to the current MRL designation and existing mine site and propose to expand the quarry and request Jefferson County designate the "Mineral Resource Land Overlay District" to the contiguous family owned tracts. Approximately 20 acres of this additional property was left to the Phillips and their children by testamentary provisions and the Phillips purchased approximately acres from Jefferson County in late 2002. The Phillips already owned the remaining 2.59 acres. Mineral Resource Lands of long-term commercial significance are those lands from which the commercial extraction of minerals (sand, gravel, rock and other valuable aggregate or metallic substances) can be anticipated within 20 years and are characterized by six criteria found in UDC 3.6.3. This report addresses one of those land use criteria found in "UDC 3.6.3 (la). Have a known or potential extractable resource in commercial quantities verified by submittal of a geologic and economic report prepared by a qualified professional. " Geologic&Economic Report 2 Ecological Land Services,Inc. Penny Creek Quarry April 29,2003 MAY - ice The basalt material extracted from the current surface mine is located within a volcanic deposit and is utilized for a variety of local and state road and construction projects. Mining typically involves removing a relatively thin layer of topsoil/subsoil (18 inches) before extracting the basalt deposit. Mining activity has occurred at this site since the 1940's. The Phillips have been mining the Penny Creek Quarry for the last 7 years. The Phillips' ownership lies at the base of steep pitching topography that slopes east to a narrow valley where the Big Quilcene River flows easterly to Quilcene Bay. The Big Quilcene River is located approximately 1,000 feet south of the subject property and active mine (Figure 4). State Route 101 and Penny Creek Road are located between the river and the existing mine site and subject property. Penny Creek is located over 1,300 feet south of the proposed mining boundary. No streams or critical habitat are located within or immediately adjacent to the existing mine or proposed MRL overlay property. The site and surrounding area consist of evergreen and deciduous forest stands of various ages. DNR property to the north was clear cut within the last two years and portions of the subject property were just recently clear cut. 3 - GEOLOGY 3.1 —Regional Geology The existing mine and proposed MRL expansion area is located on the eastern slope of the Quilcene Range, approximately 2.5 miles west of Quilcene Bay. The Washington State Department of Natural Resources (DNR) Geologic Map of Washington —Northwest Quadrant, describes the geologic units in the region as being Volcanic Deposits (Eve) and Unconsolidated Sediments (Qgt) (Figure 5). The volcanic deposits are described as the Lower—Middle Eocene Crescent Formation, consisting of basalt. The Unconsolidated Sediments are described as glacial till, comprised of coarse-textured gravelly and stony materials. 3.2 —Site Geology The project site is characterized by steep timbered slopes with elevations of 120-800 feet above sea level. The existing Penny Creek Quarry and recently acquired county quarry adjacent to Penny Creek Quarry reveal significant mineral resources. A survey of the site found approximately 180 feet of basalt exposed on the existing Penny Creek Quarry highwall (elevation 123 to 304 mean sea level msl). In addition there is approximately 159 feet of basalt exposed (141 to 300 feet msl) in the recently acquired county quarry. Both of these quarries reveal basalt material consistent with the geologic units described on the DNR geologic map referenced above. Based on geomorphic features located on site and immediately to the north, west and southwest of the existing Penny Creek Quarry, it appears that the volcanic deposit is predominate throughout the area. Further evidence of this basalt formation is revealed by outcroppings within the proposed and surrounding area. Rock is also observed VIII Geologic&Economic Report 3 Ecological Land Services,Inc. Penny Creek Quarry April 29,2003 MAY - 1 2003 approximately 1.5 feet below ground surface in road cuts within the proposed MRL expansion area. 4 - ECONOMICS 4.1 —Accessibility The existing quarry and proposed MRL expansion area fronts on Penny Creek Road approximately 1,000 feet southwest of the intersection with State Route 101. Penny Creek Road is a county road with an asphalt surface to the existing quarry. 4.2—Permitted Surface Mines With In Jefferson County DNR's Directory of Washington Mines, 2001, Information Circular 94, identifies 14 permitted surface mining operations in Jefferson County. Only 4 of these mines are basalt or "shot rock" (hard rock) quarries; the others are sand and gravel pits. Three of the basalt quarries are located between 10 and 12 miles (direct line) northeast of Penny Creek Quarry. The fourth is located near the mouth of the Hoe River approximately 4 miles east of the Pacific Ocean coast. Mining has been ongoing by various operators at the Penny Creek Quarry since the late 1940's providing a important source of basalt material to eastern Jefferson County and as far north as Port Angeles and west to Poulsbo. 4.3—Size of Basalt Deposit There appears to be a very large deposit of basalt in vicinity of the subject property. It is estimated with the 37 acre expansion area that the proposed Penny Creek mine would be capable of producing 8-14 million tons of marketable product. The mining operation would extract basalt in benches using a cut slope method of mining to a maximum depth ranging 100-150 feet below ground surface. These volumes are based on the assumption that only 46 acres would be mined; the remainder of the site would be used for perimeter setbacks, overburden and topsoil storage for reclamation, processed material storage, and the processing area. These volumes are only estimates; they will fluctuate with variations in specific density of the rock, depth and method of mining. 5.0 - CONCLUSION Based on geologic information, physical inventory and economic factors presented above, it is our opinion that the Penny Creek Quarry MRL expansion area contains a sizable volume of valuable basalt and other mineral resources that can be economically extracted, processed and delivered to job sites in the historic market area in a commercially competitive fashion. We believe the expansion area meets the criteria to be considered a "highly desirable" deposit per Jefferson County Comprehensive Plan, Matrix for Assessing Lands for Designation as Mineral Resource Lands. Due to the quality of the geologic deposit on the site and access to State Route 101, the product can be marketed to assorted projects in the county. The Penny Creek Quarry has been in Geologic&Economic Report 4 Ecological Land Services,Inc. Penny Creek Quarry April 29,2003 operation for over 50 years demonstrating that there is a market for the materials produced at the mine. The potential volume of materials that can be produced from this site is sizable and will continue to provide a valuable resource throughout the county. MAY - 12003 Geologic&Economic Report 5 Ecological Land Services,Inc. Penny Creek Quarry April 29,2003 REFERENCES Washington State Department of Natural Resources(DNR) Geologic Map of Washington —Northwest Quadrant, Washington Department of Natural Resourcess,Directory of Washington Mines, 2001. Information Circular 94. Jefferson County Comprehensive Plan Amendment Docket DCD Staff Report& DSEIS, 2002. Matrix for Assessing Lands for Designation as Mineral Resource Lands. Jefferson County Community Development, Unified Development Code, Adopted 2000, amended 2002. United States Department of Agriculture, Soil Survey Jefferson County Area, Washington, 1975. MAY - 1 2003 Geologic&Economic Report 6 Ecological Land Services,Inc. Penny Creek Quarry April 29,2003 LIMITATIONS The services described in this report were performed consistent with generally accepted professional consulting principles and practices. There are no other warranties, express or implied. The services preformed were consistent with our agreement with our client. This report is prepared solely for the use of our client and may not be used or relied upon by a third party for any purpose. Any such use or reliance will be at such party's risk. The opinions and recommendations contained in this report apply to conditions existing when services were performed. Ecological Land Services, Inc. (ELS) is not responsible for the impacts of any changes in environmental standards, practices, or regulations after the date of this report. ELS does not warrant the accuracy of supplemental information incorporated in this report that was supplied by others. MAY - 1 2003 Geologic&Economic Report 7 Ecological Land Services,Inc. Penny Creek Quarry April 29,2003 G ,.., ,.r . '°65 WHATCOM u+¢ SAN JUAN Ai,EMS• lag - WASHINGTON °u 1111111 ' , OPOLIT J FORKS .� i A. MISH / CLALLAM V..ttail■iii ---4111,47d 48'53"LatltlUde JEFFERSO Sljfe 41. .- 122d 54'34"Longitude ,tcrec'*'*� MASON 4 • LOCATION MAP ri er7� BRAYS u;'V y � o :.r� ,",;� 4//....4+ �� ,6 PIERCE c3 t%•'- acts ��. B R 2 W 1 •.J C;.. � � �THURST�' '1-e- 710pipwijerill, T ,� W PACIFIC IL 27 \ ® _ W�.': �J SKAMANIA N °y - •✓ 't COWLITZ err.n ��-'�, gam IISDIS 31 36 2 PROJECT 4„� , - CLARK --7- ° VICINITY MAP t 1 t r X 15 — 14 ,r _ ; , 13 r i • E 1 s N t 1 1Jl = S - 4a ! _ -Mt T * I r 1)t:Y= a _ -—=_o Ctt¢, fjch , I r=. _ •'N Y I r A -. •a 25 r r � 1[�? nil -rtO- 4ri .'� ltr'E!11@ - �°-- • ` T./ -'''. 3 .`�}; p - �."---s---,"))1 ' /1'S i'I 1 4 • 0.J lug j k�� `Vi' it,i -- • 'I• -` .sire - c.s I i r ,r- ' �..— •IL€°-..,H_,,�•� ; -i #. \ . ' ., ----",;------ -- le. 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MM Penny Creek Quarry 1339 Commerce Ave.,Suite 311 APPR. PM 450 Penny Creek Road Longview,WA 98632 Portion of Section 23, T27N, R2W, W.M. 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DATE 4/2003 Figure 5 NATURAL RESOURCE CONSULTING Geologic Map AND LAND PLANNING OWN. MM Penny Creek Quarry 1339 Commerce Ave.,Suite 311 APPR. PM 450 Penny Creek Road Longview,WA 98632 Portion of Section 23, T27N, R2W, W.M. (360)578 1371 Fax ,-0,414-9- 414-9305 REVIS. 4-30-03 \\SERVER\Company\Jefferson County\Penny Creek Quarry\Figure 5 Geologic Map.dwg,04/30/2003 02:23:50 PM,1:1 Project Number 897.01 g A z p� V 77 pa,O 8 ; 1w 3 6 v p I t V j \ , m v Doa74$ soa?° o � N Dm" 0 I gv 4 E 7�aiii CI 7 NAO 0i= osgN{u V N� $ � $ r°v m,1 iji >@m F g • OA s w W N� w Y' Vm- WR $' 8 -o V x w Qp 777bbb c% m n y�o :�f, Nye g 4 $ , '90&4%rb` ....*'<07.1:107I pp _ R m a tAp N°72. �T Oo m'�c� phi _ O�fn a��—T�8 m= 9µ' gm - gmli A n�S V° i3 6 Va Ma • W Oh 2 Ul LI • v V � S1>a,1 ..�' 1`q N 4I� n 73 m g GN )1 V i' a,O �I to NNO , ,;� D A 4V Q(y�,54� O . ,, ' g O! 5,O g �� a !4f4 lit-al m O- O ,�j 8 tNq qC��}Fpp�' ��j1 1 DO ?O , O D� f' O ?.0Z00.•t w Rt m' Tp�NO % \ON? $ t sR N Ell g *:a. 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RG 450 Penny Creek Road 1 Longview,WA 98632 Portion of Section 22, T27N, R2W,W.M. o (360)578-1371 Fax:(360)414-9305 REVIS.4-30-03 ° I Penny Creek Quarry MAY - 1 2003 Mineral Resource Land Overlay Expansion Comprehensive Plan Amendment Fish and Wildlife Habitat Impacts Jefferson County Unified Development Code (UDC) 3.6.3.1 f requires that all proposed Mineral Resource Land (MRL) Overlay Districts "Are not within a regulated or fish and wildlife habitat area pursuant to Section 3.6.8 and 3.6.9 of this Code". Wetlands The proposed Penny Creek Quarry MRL overlay area is not located within or adjacent to jurisdictional wetlands. ELS staff visited the site January, February and March 2003 and determined that no jurisdictional wetlands are located within the proposed MRL area. These findings are consistent with the National Wetland Inventory and Soil Conservation Service Soil Survey for Jefferson County which indicate no wetlands or hydric soils are located within the proposed expansion area or adjoining property. Fish and Wildlife Habitat Areas Priority Habitat and Species (PHS) maps and reports were obtained from Washington Department of Fish and Wildlife (WDFW) on March 13, 2003. In addition, a letter from Jeff Davis—WDFW Area Habitat Biologist to Jefferson County expressed concerns for a number of species that are thought or known to exist in the vicinity of the existing Penny Creek Quarry and MRL expansion area. Northern Spotted Owl (Strix occidentalis): Habitat Needs: Northern spotted owls generally reside in old forest habitat with an abundance of snags and downed logs. The subject site is not within a "spotted owl special emphasis area" (SOSEA) as defined in WAC 222-16-086. Northern spotted owls are listed as a threatened species in Washington. Potential Impact From Mining: WDFW has identified the subject site as being within spotted owl management circles — established territory based on a 2.7-mile radius drawn around an established site center. Not all of the land within a management circle is automatically considered spotted owl habitat, the land must meet certain criteria specifically applicable to spotted owls. According to WAC 222- 16-085, suitable spotted owl habitat is categorized into (1) old forest habitat, (2) sub- mature habitat and young forest marginal habitat, and (3) dispersal habitat. There is no old forest habitat within or adjacent to the subject site. It appears that portions of the site may have (by definition) sub-mature habitat, young forest marginal habitat, and dispersal habitat. Most of the site has been logged within the past 40 years resulting in the oldest stand of timber aged at 35 to 40 years. Adjacent properties MAY - 1 2003 have also been actively logged including clear-cuts immediately north of the subject site and a more recent clear-cut on the subject property. Based on past and projected timber harvest activities, adjacent properties will likely continue to be managed for timber production with 40-year average harvest rotations. State Route 101 State Highway) and Penny Creek Road (County Road) are located between the subject site and documented habitat east, west and south of the subject site. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that expansion of the MRL zoning overlay to the subject 37 acres abutting the existing Penny Creek Quarry will impact populations of northern spotted owls. Bald Eagle (Haliaeetus leucocephalus): Habitat Needs: Bald eagles generally nest in live trees within direct sight distance of water (Watson, 2001). One documented bald eagle nest site is located approximately '/4 mile southwest of the proposed MRL expansion area (WDFW, 2003). There are also three documented roost sites within a mile of the expansion area, with the closest approximately 1/3 mile southwest of the subject site (WDFW, 2003). Bald eagles are listed as a threatened species in Washington. Potential Impact From Mining: The proposed MRL expansion and anticipated mining area does not have habitat (open water forage areas or potential nesting trees) preferred by bald eagles. Most of the site has been logged within the past 40 years resulting in the oldest stand of timber aged at 35 to 40 years, with a recent clear-cut of the eastern portion. Adjacent properties have also been actively logged including recent clear-cuts immediately north of the subject site. SR 101 (State Highway) and Penny Creek Road (County Road) are located between the subject site and documented habitat east, west and south of the subject site. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood of the Penny Creek Quarry MRL expansion area impacting populations of bald eagles. Marbled Murrelet (Brachyramphus marmoratus): Habitat Needs: Marbled murrelets generally nest in mature old-growth forests with a multi-layered canopy near saltwater where they feed on small fish and crustaceans (WDW, 1991). A documented marbled murrelet occupancy site is located approximately 7,200 feet (1.4 miles) south of the subject site (WDFW, 2003). Marbled murrelets are listed as a threatened species in Washington. Potential Impact From Mining: The proposed Penny Creek Quarry MRL expansion area does not have habitat (old-growth coniferous forest) preferred by marbled murrelets. WAC 222-16-010 states that suitable marbled murrelet habitat Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 2 MAY - 1 2003 means a contiguous forested area containing trees capable of providing nesting opportunities with all of the following: 1. Within 50 miles of marine waters; 2. At least 40% of the dominant and codominant trees are Douglas-fir, western hemlock, western red cedar or Sitka spruce; 3. Two or more nesting platforms per acre; 4. At least 7 acres in size, including the contiguous forested area within 300 feet of nesting platforms, with similar forest stand characteristics (age, species composition, forest structure) to the forested area in which the nesting platforms occur. Forest habitat within and adjacent to the subject site does not meet the four criteria listed above. Most of the site has been logged within the past 40 years resulting in the oldest stand of timber aged at 35 to 40 years, with portions recently clear-cut. Adjacent properties have also been actively logged including clear-cuts immediately north of the subject site within the last two years. SR 101 (State Highway) and Penny Creek Road (County Road) are located between the subject site and potential murrelet habitat west and south of the subject site. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood of the Penny Creek Quarry MRL expansion impacting populations of marbled murrelets. Osprey (Pandion haliaetus): Habitat Needs: Ospreys generally nest near water where they feed almost exclusively on live fish they capture near the surface of the water (WDW, 1991). Osprey nests are made from sticks placed atop trees, snags, utility poles, wooden piles, or any other structure that provides unrestricted access to nearby waters. A documented osprey nest is located approximately 2,700 feet southeast of the subject site (WDFW, 2003). Ospreys are not listed as a threatened or endangered species in Washington. Potential Impact From Mining: The proposed Penny Creek Quarry MRL expansion area is physically removed from habitat preferred by osprey. No ponds, lakes, streams or rivers are located within or immediately adjacent to the project footprint. The nearest potential habitat for osprey is Penny Creek (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which serves as the main thoroughfare on the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood of the Penny Creek Quarry MRL expansion and anticipated mining impacting populations of osprey. Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 3 MAY - 1 2003 Wood Duck (Aix sponsa): Habitat Needs: Wood ducks prefer wetland areas associated with streams or rivers with adequate cover, nesting opportunities, and forage (Bellrose, 1994). Another important habitat for wood ducks is small ponds, including beaver ponds and livestock ponds if adequate cover and forage is available. Generally wood ducks nest, feed and reside in areas within one mile from water sources including streams, rivers, lakes, and ponds. Wood ducks have been documented using areas in the vicinity of the subject site (WDFW, 2003). Wood ducks are not listed as a threatened or endangered species in Washington. Potential Impact From Mining: The proposed Penny Creek Quarry MRL expansion area is physically removed from habitat preferred by wood ducks. No wetlands, ponds, lakes, streams or rivers are located within or immediately adjacent to the subject property boundaries. The nearest potential habitat for wood ducks is Penny Creek (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which is the primary thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion and anticipated mining would impact populations of wood ducks. Harlequin Duck(Histrionicus histrionicus): Habitat Needs: Harlequin ducks winter along the Pacific Coast, preferring fast flowing streams with forested riparian areas lacking human disturbance (WDF 1991). Harlequins nest on the ground and are highly susceptible to disturbance, generally leaving areas once they are disturbed. Adults usually reside and forage along rocky shorelines feeding on crustaceans, aquatic insects, and mollusks. Harlequin ducks have been documented using areas in the vicinity of the subject site (WDFW, 2003). Harlequin ducks are listed as a species of concern in Washington. Potential Impact From Mining: The proposed Penny Creek MRL expansion area is physically removed from habitat preferred by Harlequin ducks. No streams or rivers are located within or immediately adjacent to the project footprint. The nearest potential habitat for Harlequin ducks is Penny Creek (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 4 A MAY - 1 2003 suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood of the Penny Creek Quarry MRL expansion area and anticipated mining impacting populations of Harlequin ducks. Chinook Salmon (Oncorhynchus tshawytscha): Habitat Needs: Chinook salmon are the largest anadromous salmon along the coast of Washington. Adults spawn from late summer to late fall in larger streams with adequate gravel and well-oxygenated water. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Juvenile Chinook begin migrating to sea in the spring but can stay in freshwater up to a year before entering saltwater. Chinook salmon have been documented in Big Quilcene River and Penny Creek (WDFW, 2003 and Streamnet, 2003). The Puget Sound Evolutionary Significant Unit of Chinook salmon is listed as threatened. Potential Impact From Mining: The proposed Penny Creek MRL expansion area is physically removed from habitat preferred by Chinook salmon. No streams or rivers are located within or immediately adjacent to the subject property boundaries. The nearest potential habitat for Chinook Salmon is Penny Creek (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well- established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion and anticipated mining will impact populations of Chinook salmon. Coho Salmon (Oncorhynchus kisutch): Habitat Needs: Coho salmon are very important to the commercial and recreational fishing industries in Washington. Adults spawn from late summer to late fall in small streams with adequate gravel and well-oxygenated water. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Juvenile coho stay in freshwater for over a year before entering saltwater. Coho salmon have been documented in Big Quilcene River and Penny Creek (WDFW, 2003 and Streamnet, 2003). The Puget Sound/Strait of Georgia Evolutionary Significant Unit of coho salmon is listed as a candidate population. Potential Impact From Mining: The proposed Penny Creek Quarry MRL expansion area is physically removed from habitat preferred by Coho salmon. No streams or rivers are located within or immediately adjacent to the subject property boundary. The nearest potential habitat for Coho Salmon is Penny Creek (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 5 MAY - 1 2003 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways --� are well-established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion or anticipated mining would impact populations of coho salmon. Chum Salmon (Oncorhynchus keta): Habitat Needs: Chum salmon adults spawn from late summer to late fall in the lower reaches of coastal streams with adequate gravel and well-oxygenated water. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Juvenile chum stay in freshwater for only a short period of time and are usually gone from freshwater before June 1. Chum salmon have been documented in Big Quilcene River (WDFW, 2003 and Streamnet, 2003). The Hood Canal Evolutionary Significant Unit of chum salmon is listed as threatened. Potential Impact From Mining: The proposed Penny Creek Quarry MRL expansion area boundary is physically removed from habitat preferred by Chum salmon. No streams or rivers are located within or immediately adjacent to the project footprint. The nearest potential habitat for Chum Salmon is Big Quilcene River (1,000 feet south of the site). The Big Quilcene River is separated from the subject site from SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which us the primary thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion area and anticipated mining would impact populations of chum salmon. Pink Salmon (Oncorhynchus gorbuscha): Habitat Needs: Pink salmon adults return to spawn at the age of two years and in Hood Canal only return on odd years. Pink salmon need streams with adequate gravel and well-oxygenated water. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Juvenile pink salmon stay in freshwater for only a few months before entering saltwater in the spring. Pink salmon have been documented in the Big Quilcene River (WDFW, 2003 and Streamnet, 2003). Pink salmon are not listed as an endangered or threatened species in the state of Washington. Potential Impact From Mining: The proposed Penny Creek Quarry MRL expansion area is physically removed from habitat preferred by pink salmon. No streams or rivers are located within or immediately adjacent to the MRL expansion boundaries. The nearest potential habitat for pink salmon is the Big Quilcene River Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 6 MAY - 1 2003 (1,000 feet south of the site). The Big Quilcene River is separated from the subject site by either of both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion area and anticipated mining would impact populations of pink salmon. Searun Cutthroat Trout (Oncorhynchus clarki clarki): Habitat Needs: Searun cutthroat trout are the anadromous form of the resident cutthroat trout found throughout Washington. After hatching, juveniles reside in freshwater for up to three years before migrating to saltwater. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Searun cutthroat trout have been documented in the Big Quilcene River (WDFW, 2003). Searun cutthroat trout are not listed as an endangered or threatened species in Washington State. Potential Impact From Mining: The proposed Penny Creek mining area is physically removed from habitat preferred by searun cutthroat trout. No streams or rivers are located within or immediately adjacent to the expansion area boundaries. The nearest potential habitat for searun cutthroat trout is the Big Quilcene River (1,000 feet south of the site). The Big Quilcene River is separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site,there is a very low likelihood that the Penny Creek Quarry MRL expansion area and resulting mining would impact populations of searun cutthroat trout. Resident Cutthroat Trout(Oncorhynchus clarki): Habitat Needs: Resident cutthroat trout are found throughout small clear streams of Washington. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Resident cutthroat trout have been documented in the Big Quilcene River and Penny Creek (WDFW, 2003). Resident cutthroat trout are not listed as an endangered or threatened species in Washington State. Potential Impact From Mining: The proposed Penny Creek MRL expansion area is physically removed from habitat preferred by resident cutthroat trout. No streams or rivers are located within or immediately adjacent to the MRL expansion area boundaries. The nearest potential habitat for resident cutthroat trout is Penny Creek Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 7 MAY -. 1 2003 (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the - site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion area and anticipated mining activity would impact populations of resident cutthroat trout. Steelhead(Oncorhynchus mykiss): Habitat Needs: Steelhead are the anadromous form of rainbow trout and are highly valued by sport anglers. Adults spawn in streams with adequate gravel and well- oxygenated water. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Juvenile steelhead can stay in freshwater up to three years before entering saltwater. Steelhead have been documented in Big Quilcene River and Penny Creek (WDFW, 2003 and Streamnet, 2003). Steelhead are not listed as a threatened or endangered species in the Puget Sound area. Potential Impact From Mining: The proposed Penny Creek MRL expansion area is physically removed from habitat preferred by steelhead. No streams or rivers are located within or immediately adjacent to the expansion area boundaries. The nearest potential habitat for steelhead is Penny Creek (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion and resulting mining activity would impact populations of steelhead. Rainbow Trout (Oncorhynchus mvkiss): Habitat Needs: Rainbow trout are a resident fish valued by sport anglers. Adults spawn in streams with adequate gravel and well-oxygenated water. Generally streams must be clear and cold with well-established riparian areas that provide shade and large woody debris. Rainbow trout have been documented in Big Quilcene River and Penny Creek (WDFW, 2003). Rainbow trout are not listed as a threatened or endangered species. Potential Impact From Mining: The proposed Penny Creek MRL expansion area is physically removed from habitat preferred by rainbow trout. No streams or rivers are Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 8 MAY - I 2003 located within or immediately adjacent to the expansion area boundaries. The nearest potential habitat for rainbow trout is Penny Creek (1,300 feet southwest of the site) and Big Quilcene River (1,000 feet south of the site). Penny Creek and Big Quilcene River are separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well-established and traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion and resulting mining activities would impact populations of rainbow trout. Channel Catfish (Ictaluruspunctatus): Habitat Needs: Channel catfish are found in clear lakes, reservoirs and streams throughout Washington. Adults spawn in sheltered areas under logs or low hanging banks. Channel catfish can live more than 14 years and weigh more than 25 pounds at full maturity. Channel catfish have been documented in Penny Creek (WDFW, 2003). Channel catfish are not listed as a threatened or endangered species. Potential Impact From Mining: The proposed Penny Creek mining area is physically removed from habitat preferred by channel catfish. No streams or rivers are located within or immediately adjacent to the project footprint. The nearest potential habitat for channel catfish is Penny Creek (1,300 feet southwest of the site). Penny Creek is separated from the subject site by either or both SR 101 (State Highway) and Penny Creek Road (County Road). Both of these roadways are well- established and heavily traveled, especially SR 101 which is the main thoroughfare serving the eastern Olympic Peninsula. Given the physical setting of the subject site and the absence of suitable habitat within or immediately adjacent to the subject site, there is a very low likelihood that the Penny Creek Quarry MRL expansion and resulting mining activity would impact populations of channel catfish. References Bellrose, F.C. and D.J. Holm. 1994. Ecology and Management of the Wood Duck. Stackpole Books. 588 pages. Pollard, W.R., G.F. Hartman, C. Root & P. Edgell. 1997. Field Identification of Coastal Juvenile Salmonids. 32 pages. Streamnet. April 28, 2003. Internet Website: www.streamnet.org. Washington Department of Fish and Wildlife. March 13, 2003. Habitats and Species Report in the Vicinity of T27R02W Section 12. Report and Map. Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 9 Washington Department of Fish and Wildlife. Marine Fish Identification Guide — Volume I, Anadromous Sport Fish Identification Guide — Volume II, and Freshwater Sport Fish Identification Guide— Volume III. Washington Department of Wildlife. 1991. Management Recommendations for Washington's Priority Habitat and Species. Watson, J.W. and E.A. Rodrick. 2001. Volume IV: Birds — Bald Eagle. Washington Department of Fish and Wildlife. MAY - 1 2003 Penny Creek Quarry MRL Overlay Expansion Ecological Land Services, Inc. Fish and Wildlife Habitat Impacts—UDC 3.6.3.1.f May 1, 2003 Page 10 1 BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY 2 Iry Berteig, Hearing Examiner 3 RE: Shold Excavating, Inc. , and ) File No. ZON01-00001 4 Jeaninne P. Shold request for ) 5 "Mineral Land Designation of Long ) Term Significance" for 60 acres ) 6 located at the end of Elkins Road, ) FINDINGS, CONCLUSIONS, Port Hadlock. ) 7 ) AND DECISION ) 8 9 BACKGROUND INFORMATION 10 The 60 acres requested for designation as "Mineral Land 11 Designation of Long Term Significance" has been continuously in use as 12 a gravel pit since 1985. The designation would allow continued 13 extraction of sand and gravel. The materials are not processed on 14 site, but are trucked to the Cotton Concrete batch plant located 15 approximately 41 mile to the northwest at the terminus of Elkins Road 16 at Chimacum Road. 17 The Shold property consists of 80 acres, and a short subdivision 18 application was submitted at the same time as the Mineral Lands 19 application. The short subdivision creates four 20-acre lots, three 20 of which are the subject of this Mineral Lands application. 21 PROCEDURAL INFORMATION 22 Notices: Mailed: March 28, 2002 23 Posted: April 1, 2002 24 Publication: April 3, 2002 (Port Townsend- 25 Jefferson County Leader) . 26 Site Visit: April 30, 2002. 27 Open Record Hearing Date: April 30, 2002. 28 The hearing was opened at 1:00 p.m. in the Courthouse First Floor 29 Conference Room. After the procedures were explained, testimony was Shold Excavating Page 1 Findings,Conclusions ZON01-00001 "Mineral Land Designation of Long Term Significance" and Decision 1 accepted. A verbatim recording of the public hearing was made. The 2 tape is maintained in the Jefferson Permit Center file. 3 Participants: 4 Michelle Farfan, Associate Planner 5 Ryan Tillman, P.E. , representing the Applicants 6 No other parties were present to testify. 7 The Hearing Examiner closed the public hearing at 1:15 p.m. 8 TABLE OF EXHIBITS: g EXHIBIT DOCUMENT DATE 1 Staff Report together with 44 Log Items 4/19/2002 10 11 FINDINGS OF FACT 12 1. On or about January 12, 2001, Shold Excavating, Inc. , submitted a 13 Petition for Designation as Mineral Resource Land accompanied by a 14 SEPA Environmental Checklist.1 The petition area consists of the North 15 60 acres of the South 1/2 of the SW3,1 of Section 12, Township 29 North, 16 Range 1 West, WM. , and Assessor Tax Parcel 901123002. 17 2. The pit is WSDOT certified for providing roadway ballast, and pit 18 run materials are currently delivered directly to project sites around 19 east Jefferson County. No materials are stored on site—materials 20 excavated are placed directly in trucks for off-site disposition. 21 Actual mining activities are typically limited to a small portion of 22 the site at any one time. Reclamation of the site will be ongoing, 23 occurring as one portion of the site is exhausted of material. - 24 3. A Final Modified Mitigation Determination of Non-Significance was 25 issued March 6, 2002.2 No appeal was received on the Determination. 26 Mitigation was identified for hours of operation and perimeter buffer 27 requirements to reduce potential noise impacts. 28 29 1 Exhibit 1, Log Items 3 & 4 2 Exhibit 1, Log Item 35 Shold Excavating Page 2 Findings,Conclusions ZON01-0001 "Mineral Land Designation of Long Term Significance" and Decision III 1 4. The applicant has also submitted a short plat application in 2 which preliminary approval has been granted. The purpose of the 3 subdivision was to meet the criterion of five-acre minimum parcel size 4 surrounding the land to be designated as mineral lands. 5 5. The proposal site abuts a parcel designated as Commercial Forest 6 land to the immediate south. Approximately 650 feet to the northwest 7 is an exiting parcel designated arcel desi nated as mineral lands. 8 6. The surrounding parcels are designated as RR 1:20. Lots sizes 9 vary from pre-existing small platted lots to an 80-acre parcel. The 10 parcel immediately south is designated as Commercial Forest Lands. 11 Several of the surrounding parcels are undeveloped. Access to 12 surrounding parcels is via Chimacum Road, Elkins Road, Beaver Valley 13 Road, and private roads and easements. 14 7. One party responded to the public notices with a comment 15 annotated to the mailed notice: 16 02-01-01 We do not take a position for or against, but could you please provide us with more info: A map and copy of proposal would be appreciated Please place our request 17 for information on the record Jim&Glenda Tavernakis[12421 Bellwood Rd., Los Alamitos, CA 907201 18 Please confirm receipt of this request. Thank you. P.S. I still consider myself a Jeffco County resident.! 19 20 8. The Applicant's representative, Ryan Tillman, P.E. described the 21 site conditions during the public hearing, and the Examiner confirmed 22 some of those conditions on a follow-up field visit. 23 REVIEW CRITERIA 24 Applicable Jefferson County Ordinances/Plans: 25 Jefferson County Interim Mineral Lands Ordinance 26 Jefferson County Interim Critical Areas Ordinance 27 Jefferson County Land use Application Procedures Ordinance 28 Jefferson County Comprehensive Plan (1998 adopted plan) . 29 Shold Excavating Page 3 Findings,Conclusions ZON01-00001 "Mineral Land Designation of Long Term Significance" and Decision 1 CONCLUSIONS OF LAW 2 1. The Staff Report contains additional facts and an analysis of the 3 petition's compliance with the applicable Ordinances/Plans listed 4 above. The Examiner has reviewed the Staff Findings 1 through 10 at 5 pages 2-6, and concurs with the Staff analysis. 6 2. The requested Mineral Land Designation Of Long Term Significance 7 meets the review criteria and is suitable for approval with 8 mitigations and conditions. 9 10 DECISION 11 Based upon the testimony presented at the Public Hearing, a site 12 visit by the Examiner, the documents and exhibits admitted into the 13 record, and the above Findings of Fact and Conclusions of Law, it is 14 hereby the decision of the Hearing Examiner that the Petition for 15 designation as "Mineral Land Designation of Long Term Significance" by 16 Shold Excavating, Inc. , and Jeaninne P. Shold, be APPROVED subject to 17 the following conditions: 18 1. A 15-foot wide buffer on each side of the steam as measured from OHWM or top of bank is required consistent with recommended plat 19 conditions. 20 2. Stream buffers shall be retained in their natural conditions; 21 however, minor pruning of vegetation to enhance views may be permitted by the Administrator on a case-by-case basis. 22 23 3. Stream buffers shall remain naturally vegetated. Where buffer - disturbance has occurred during construction, replanting with 24 native vegetation shall be required. 25 4. The stream shall be graphically portrayed on the face of the 26 final subdivision mylar. 27 5. Mineral extraction processing activities in areas contained within a Mineral Resource Land designation shall implement the 28 following development standards of the Jefferson County Code: 29 Shold Excavating Page 4 Findings,Conclusions ZONOI-00001 Mineral Land Designation of Long Term Significance" and Decision 1 i. Consistent with Section 18.35.070 of the Jefferson County Code, the applicant shall ensure that the intensity of 2 sound emitted by any mineral extraction and processing 3 activity shall not exceed levels established by the Washington State Department of Ecology under WAC 173-60 and 4 173-62, and by Jefferson County under Resolution No. 67-85, 5 "Establishment of Environmental Designations for Noise Abatement Areas for Jefferson County", when measured at the 6 nearest property line of any surrounding residential or commercial property that has been developed. 7 8 ii. Consistent with Section 18.35.070 of the Jefferson County Code, the applicant shall ensure that all noise emitting 9 machinery that cannot in any other way operate below the maximum permitted noise level shall be housed in a sound 10 attenuating structure, unless otherwise stipulated in the it project approval. The applicant will include sound attenuation plans with the project application. 12 13 iii. Consistent with Section 18.35.070 of the Jefferson County Code, the applicant shall ensure that all mineral 14 extraction and processing uses located within three hundred (300) feet of any pre-existing residential use shall limit 15 the hours of operation of noise-generating equipment as 16 follows: 17 • Earliest Start Time: 7:00 a.m. 18 • Latest Finish Time: 6:00 p.m. • Permitted Days of Operation: Monday through Friday. 19 Prohibited on weekends or national holidays. Hours of 20 operation restrictions may be reduced or waived provided that the applicant demonstrates that the property owners 21 of the aforementioned preexisting residential uses are in 22 agreement with the proposed change. 23 iv. Consistent with Section 18.35.070 of the Jefferson County - Code, the applicant shall develop or maintain perimeter 24 buffer areas consistent with the requirements of Section 25 18.30.040 of the Jefferson County Code. Upon removal of exiting vegetation to the existing vegetative buffer the 26 following shall be implemented: 27 • Buffer Required: A buffer of trees, shrubs, or berms not less than eight feet in height and 10 28 feet in width for screening purposes. Existing P p g 29 plantings and/or topographic or natural features Shold Excavating Page 5 Findings,Conclusions ZON01-00001 "Mineral Land Designation of Long Term Significance'' and Decision 1 that meet or exceed this standard shall be considered to fulfill the buffer requirements. 2 Screening and buffer shall be encouraged within 3 area between permitted uses. 4 • Buffer Design: Arrangements of plantings in buffers shall provide maximum protection to 5 adjacent properties and avoid damage to existing plant material. Possible arrangements include 6 planting in parallel, serpentine, or broken rows. 7 If planted berms are used, the minimum top width shall be four feet, and the maximum side slope 8 shall be 2:1. 9 • Planting Specifications: Plant materials shall be sufficiently large and planted in such a fashion 10 that a year-round screen at least eight feet in 11 height shall be produced within two growing seasons. All plantings shall be installed 12 according to accepted horticultural standards. 13 • Maintenance: Planting shall be maintained in a 14 manner appropriate for the specific plant species through the first growing season, and dead and 15 dying plants shall be replaced during the next growing season. Buffer areas shall be maintained 16 and kept free of all debris, rubbish, weeds, and 17 tall grass. 18 6. The following notices shall be incorporated into the final plat of Teddy's Turf Short Subdivision to minimize conflicts with 19 residential parcels and mineral extraction and primary processing 20 activities: NOTICE TO PURCHASERS 21 Lots 2, 3, and 4 of this short plat have been designated as 22 mineral lands of long-term commercial significance. A variety of uses could occur, which may not be compatible 23 with residential development. These uses may include blasting, drilling, rock crushing and vehicle movements, 24 which can generate dust, smoke noise and odor. Mineral extraction and primary processing activities performed in 25 compliance with county, state and federal laws are not subject to legal action as public nuisances. 26 The standard setback for a dwelling unit constructed on a 27 parcel that lies immediately adjacent to designated mineral land shall be one hundred feet from the legal property 28 line, EXCEPT where a parcel lying immediately adjacent to designated mineral land has been created prior to adoption 29 of the Mineral Land Ordinance (No. 09-0525-95, adopted May 25, 1995), the residential setback may be reduced when a Shold Excavating Page 6 Findings,Conclusions ZON01-00001 "Mineral Land Designation of Long Term Significance" and Decision 1 written waiver is obtained from the owner of the designated mineral land. If a waiver is granted, the final 2 residential setback shall not be less than that provided by the underlying zoning setback. 3 DATED this 14th day of May 2002. 4 5 6 7 Iry Berteig 8 Jefferson County Hearing Examiner 9 ib 10 Transmitted by the Jefferson Count Permit Center to the following: 11 DATE TRANSMITTED: 12 Shold Excavating, Inc. , PO Box 179, Port Hadlock, WA 98339 13 14 Jeannine P. Shold, 70 Montgomery Court, Port Ludlow, WA 98368 15 Ryan Tillman, P.E. , PO Box 1375, Port Hadlock, WA 98330 16 Jim & Glenda Tavernakis, 12421 Bellwood Rd. , Los Alamitos, CA 90720 17 18 19 20 21 22 23 24 25 26 27 28 29 Shold Excavating Page 7 Findings,Conclusions ZONOI-00001 "Mineral Land Designation of Lona Term Significance" and Decision Page 1 of 1 Greg Ballard From: Al Scalf Sent: Monday, December 08, 2003 10:16 AM To: Greg Ballard Subject: FW: Penny creek Quarry& Port Townsend Leader article on Dec. 3 for our files Al Original Message From: Leslie Locke Sent: Monday, December 08, 2003 8:19 AM To: Al Scalf Subject: FW: Penny creek Quarry&Port Townsend Leader article on Dec. 3 From: Mike and Dora Whittaker[SMTP:SDRR@TSCNET.COM] Sent: Saturday, December 06, 2003 4:26:21 PM To: Glen Huntingford Cc: Dan Titterness Subject: Penny creek Quarry& Port Townsend Leader article on Dec. 3 Auto forwarded by a Rule Dear Commissioner Huntingford&Commissioner Titterness, My husband and I read the newspaper article and on page A-14 there is a statement about changing the MLR on December 1,2003. Where it was nice that the Penny Creek Quarry owners recognized that loading and unloading rock on the parcel next to the truck scale is louder then should be allowed,we agree with the decision the BOCC. Moving it would be in the best interest of those concerned. We know this could be accomplished in a short period of time and noise of this manner would not reoccur. Thank You.Respectfully,Dora&Mike Whittaker 12/8/2003 Cc, L 11p.tip3 Leslie Locke From: Daniel P. Draheim [draheim @winstarmail.com] Sent: Monday, November 24, 2003 3:26 PM To: Leslie Locke; Lorna Delaney; David Goldsmith; Glen Huntingford; Erin Lundgren; Judi Mackey; Julie Matthes; Dan Titterness;#Planning Department Cc: Mike Whittaker Subject: Comments on Comprehensive Plan Amendment: MLA03-231, Phillips/Maki Proposal Whittaker letter 2003.11.24.pd... Attached are comments on the Comprehensive Plan Amendment proposal for an MRL Overlay at the Penny Creek Quarry area submitted by Claudia Newman on behalf of Mike and Dora Whittaker. If you have questions, please email in return to me or call the number below. Thank you. Daniel P. Draheim Bricklin Newman Dold, LLP 1424 Fourth Avenue, Suite 1015 Seattle WA 98101-2217 tel. 206.621.8868 fax 206.621.0512 draheim @winstarmail.com ! J 1. I il NOV 25 2003 ' > 1 "i'UNTIf '��' 1 Bricklin +Newman +Dold, LLP DAVID A.BRICKLIN ATTORNEYS-AT-LAW CLAUDIA M.NEWMAN FOURTH AND PIKE BUILDING JENNIFER A.DOLD 1424 FOURTH AVENUE,SUl fE 1015 RYAN P.VANCIL SEATTLE,WA 98101-2217 TEL.(206)621-8868 FAX (206)621-0512 November 24,2003 Jefferson County Board of County Commissioners P.O. Box 1220/1820 Jefferson Street Port Townsend,WA 98368 Re: Site Specific Amendments to the Comprehensive Plan: MLA 03-231, Penny Creek Quarry Dear Board of County Commissioners: I am writing on behalf of Michael and Dora Whittaker to submit additional comments on the site specific amendments to the Comprehensive Plan Land Use Map related to Master Land Use Application MLA 03-231. I wrote to the Planning Commissioners on August 19,2003 to request that they recommend denial of the Phillips/Maki request to designate the proposed site as Mineral Resource Lands. In my letter, I raised a number of issues with respect to the proposal's inconsistency with requirements of the Unified Development Code ("UDC") as well as the failure of the responsible official to consider adequate information,fin the environmental impacts of the proposal and his failure to properly disclose and mitigate the probable significant adverse impacts that were evident from the information that was collected. On October 15, 2003,the Planning Commission recommended approval of the Mineral Resource Land Overlay District subject to a number of conditions. Overall,most of the issues raised in my August 19,2003 letter are still of concern. However,with the Planning Commission's recommendation and the conditions placed on that recommendation,I thought it important to point out some additional issues of concern raised by the recommendation. First,there have been some changes made to the proposal since I last wrote. Parcel 702224011 and Parcel 702224012 were withdrawn from consideration from the proposal because including them violated the UDC requirement that the subject property be surrounded by parcels no smaller than five acres in size. See UDC § 3.6.3(1)(c). Because the parcels that were removed from the a -r Jefferson County Board of County Commissioners November 24,2003 Page 2 proposal are themselves also less than five acres in size(Parcel 702224011 is 1.62 acres and Parcel 702224012 is 2.59 acres),the Planning Commission requires a Boundary Line Adjustment(BLA) process to combine those parcels with the northwest corner of 003. The Planning Commission recommendation appears to assume that the Boundary Line Adjustment will be approved and recorded, because it recommends approval of the MRL overlay before the BLA process is completed. However,the County cannot assume the BLA will be approved. The owners of this property and proponents of the MRL overlay must obtain a BLA first, and then resubmit their request for an MRL overlay after the land meets the requirements of UDC § 3.6.3(1)(e). We respectfully request that you require the process be followed as such. Second,the quarry owners are currently operating quarry equipment and storing rock on Parcel 702224011 and are also storing rock on Parcel 702224012,both of which are designated as Rural Residential (1:20 acre) lands. Considering that the property owners have removed those two parcels from consideration for designation of a MRL overlay,it is important to note that the code does not allow these accessory uses for the quarry on these Rural Residential lands without a conditional use permit. See UDC§3,Table 3.1. Therefore,these uses may be allowed subject only to meeting the applicable development standards and performance standards unique to that use as well as the criteria for a conditional use permit. UDC § 3.2(1)(c). The use must be reviewed in accordance with a Type III quasi-judicial permit review process requiring public notice, written comment, and a public hearing. Id. See also UDC § 4.24. With the assumption that the quarry operations/owners have not applied to obtain a conditional use permit for the rock crusher or the rock storage,I am writing to ask that the County require these landowners to vacate these quarry related uses on Parcels 702224011 and 702224012. Third, I also write to request that the County include a written analysis of this proposal's consistency with state guidelines. The Growth Management Act requires the County to designate MRLs that are not already characterized by urban growth and that have long term significance for the extraction of minerals. RCW 36.70A.170(1)(c). Despite that the County is required to consider the guidelines required by RCW 36.70A.050,we do not see such an analysis in the reports on this proposal thus far. RCW 36.70A.170(2). NOV 2 5 2003 -� try 'Ti Jefferson County Board of County Commissioners November 24,2003 Page 3 Thank you for your consideration of my comments with respect to the recent changes in the Comprehensive Plan proposal for the quarry. While most of my comments in my August 19,2003 letter still apply,these comments address the changes made since that letter was written. Very truly yours, BRICKLIN NEWMAN DOLD,LLP Claudia M.Newman CMN:psc cc: Michael Whittaker Michael Whittaker PO Box 220 Quilcene,WASH,98376 Nov.24th,2003 Dear Commissioners, I wish to thank you for the process this morning. However,there are a couple of issues I wish to clear up. I don't appreciate Al Scalf s offering that parcel#702224011 &702224012 are grandfathered for storage of rock product and a noisy loading/-sorting machine. This was just put there in approximately the last year this is just another example of staff's mishandling,glossing over,and not dealing with the issues. I think Al should be reprimanded and I hope you will send him a copy of this letter/e-mail. Further,the statement of the Quarry's attorney that Gary Phillips was unaware of any complaints from neighbors is erroneous as well. When this issue first began in 1996,Al Scalf requested that I take my concerns to Gary,which I did. Gary and I have had a number of discussions with the topic always being the same;noise and the consequential hours of operation. Gary has known of our issues and concerns throughout. While I believe Gary would do a better job than most people at any given project,I'm still concerned that he would overlook certain rules if it suited his cause. I feel that it is important to point these issues out. Sincerely, M.Whittaker ii ;! ..7 z I a Ii Ht NOV 2 5 2003 Tl C:: 1,L1) IIp.4/O3 Page 1 of 1 Leslie Locke From: Dan Tittemess Sent: Monday, November 24, 2003 2:46 PM To: Leslie Locke Subject: FW: Michael Whittaker From: Mike and Dora Whittaker[SMTP:SDRRcTSCNET.COM] Sent: Monday, November 24, 2003 3:00:43 PM To: Dan Tittemess Subject: Michael Whittaker Auto forwarded by a Rule 11/24/2003 ti - ECOLOGICAL LAND SERVICES, INC. *° E= !K}Y 2 4 X03 1.:`° November 23, 2003 1 JEFFERSON COUNTY Via Hand Delivery DEPT. OF COMMUNITY DEVELOPMENT Board of Jefferson County Commissioners P.O. Box 1220 Port Townsend, WA 98368 Re: MRL 03-231 Phillips/Maki Mineral Resource Lands Overlay Penny Creek Quarry Ecological Land Services represents Marilee and Gary Phillips, Kelly Phillips,Richard R Maki and Kristen Maki in connection with expanding the Mineral Resource Land Overlay District (MRL) for parcels adjacent to the existing Penny Creek Quarry south of Quilcene. This letter is written in response to materials recently submitted to the Board by Michael and Dora Whittaker in opposition to the proposed MRL expansion. In considering the Whittaker's comments, we ask the Board to recognize that there are statements from several neighbors in the record supporting the Mineral Resource Lands designation. For the reasons outlined below, the comments submitted by the Whittakers do not form a basis for denying the Mineral Resource Lands Overlay for the areas adjoining the Penny Creek Quarry. A. Prior MRL Designation/Prior Complaints The great bulk of the Whittaker's submittal relate to allegations concerning the designation of the Penny Creek Quarry as a Mineral Resource Lands area during the 1990s, and noise and other complaints also submitted during the 1990s. Approximately 2/3 to 3/4 of the items listed relate to activities in 1995, 1996 and 1997. It must be strongly stated that the current Mineral Resource Lands Overlay expansion proposal is not a development or operations permit request, nor is it further hearings on complaints on past or current operations. Mining in the proposed Mineral Resource Lands Overlay expansion area will require permitting by the County and the Washington Department of Natural Resources, and permit conditions will be addressed at that time. The Phillips fully recognize that their operations are subject to the applicable DNR and County regulations and intend to design a mining and reclamation plat for their entire MRL area that meets those standards. Should there be a need, the Phillips will not object to reasonable conditions on those permit(s). B. Department of Natural Resources Reclamation Plan and Permit As has been stated in the Phillips' application materials, the Department of Natural Resources has concurred with the Phillips' schedule of filing a reclamation plan for the Penny Creek Quarry after a decision is made on this pending Mineral Resource Lands 1157-3rd Avenue,Suite 220 • Longview,Washington 98632 - (360)578-1371 • Fax(360)414-9305 t`CNI: MI Board of Jefferson County Commissioners Phillips/Maki MRL Overlay November 23, 2003 Page 2 Overlay change. The Department of Natural Resources recognizes that filing and submitting a reclamation plan is a comprehensive and complicated process and that the plan depends upon the configuration and scheduling of mining. The Department of Natural Resources has specifically not required the Phillips to file two reclamation plans—one for the current operation and MRL overlay area, and one that would cover the current and expanded MRL area, if approved. C. Known Extractable Mineral Resource Penny Creek Quarry has been verified as having known extractable mineral resource in commercial quantities. It is a commercial deposit of material comparable in quality to what is produced in other quarries in Jefferson County. The Penny Creek Quarry material has important uses, such as maintenance of County roads. The deposit is a commercially extractable mineral resource. D. Surface Water The Penny Creek Quarry currently has an NPDES permit (WAG501403) for stormwater discharge. All stormwater run-off is treated prior to discharge. The Phillips are unaware of any violations, or complaints of violations of its NPDES permit, or any other applicable stormwater management regulations relating to the Penny Creek Quarry. E. Groundwater The current and proposed mining use at the site will not affect area ground water. As noted there is a licensed stormwater treatment pond. Further, all mining activities are or will be at the elevation of Penny Creek Road or higher, well above the wells in the vicinity. No significant ground water withdrawals are involved in the operation. The area being mined is hard rock, and has low permeability. Operations in the newly designated area will require full review including potential ground water impacts through the environmental review associated with the county permitting process (UDC 3.6.5, 4.22, 4.24 and 6.17) coupled with that for the Department of Natural Resources required reclamation plan. F. Blasting Suggestions continue to be made of improper blasting procedures or possible blasting damage. Blasting is an extremely heavily regulated business, and any violations or damage resulting from blasting are serious. The Mine Safety and Health Administration conducted a review of Penny Creek Quarry operations in the Spring of 2003 and found them to be in compliance. Although not a requirement, as a courtesy, the Phillips have telephoned those in the vicinity to notify them of planned blasting. Records maintained by blasting contractors show that the blasting operations are well below the limits of state regulations. The Phillips are committed to strict compliance with all blasting regulations. I Board of Jefferson County Commissioners Phillips/Maki MRL Overlay November 23, 2003 Page 3 G. Noise Neighboring property owner have made repeated prior allegations of noise violations. Yet, there is no documented scientific evidence submitted that there has been any violation of the applicable noise regulations by the existing operations, nor any substantive evidence that continuing the operations at the same level will result in such violations. The Phillips have submitted valid noise level monitoring data in the record, and are in compliance with the applicable noise regulations. All future operations will be subject to State noise regulations. The Phillips are agreeable to application of the current UDC regulations to the existing grandfathered operations (subject to the requested clarification to allow truck loading to commence at 6:30 a.m. on weekdays, and to allow truck loading and hauling from 8:00 a.m. to 12:00 a.m. on Saturdays). This will limit hours of operation for the entire facility to the benefit of the neighbors. H. Conclusion Expansion of the Mineral Resource Land Overlay District for the tracts adjoining the existing Penny Creek Quarry is consistent with the UDC, and is appropriate for this area. The Phillips do not propose increasing the intensity of their operation, but simply continuing it into adjoining areas within the overlay zoning district, between their existing operation and the recently acquired and grandfathered former Jefferson County quarry. In fact, current reclamation rules require that mining, and reclamation, be conducted in a progressive and sequential manner, rather than area wide. The impacts discussed in the SEPA process are not legally significant, and are subject to mitigation and controls that will be applicable to any projects receiving permits in the district. On behalf of the Phillips and Maki families, we appreciate your consideration of these matters. Very truly yours,. (/:£ ng ) ccfli eiZtay, ar ci cqyvd, 0.f If (F- 4,1? y NI I0 I'Af aoG 6al -ss6� a- it 1"6' ut/-1-A Su -/ ( OIS 5-e)te-e- cq 101 Wavuif e swd. cowl I�Leasc trn-17,4 f w/ W- ore& a,,icQ �osagz Aevl. caydes are. rea,4 r( gmei In,el/ aAcz use v-ece/U� 7Zi9six g, IS. gs ta. Gd -)2fLfi ) Cole .�-s se-NT 7 /iSlas £OOZ`0£ ZOZ-£OVINI £i :uoi;upuatumooag gels [(Ng] 2'79- 4/1`/ • r . �_.. /11 d. ` 4, . ..`Zi1 rye. .u�c ',C.�� :. rteicc f........_.... 42.4,042,. . ...... � - x47.4,-;17—.... .. .. .... ._..._ '�-r -e. . .... ...9:._ ...... . /42; Z.#,o s 6721 414-e-.■ 4(12a#Aiglie/ . Id WU6ti:S0 200E 0Z 'Inf T622 S9L 092 : '0N 2NOHd A,JeJdf1O 3340 ANN9d : WOdA Josh Peters From: Skip Urling [skip@eco-land.com] Sent: Friday,July 25, 2003 11:30 AM To: Josh Peters Subject: RE: 2004 Comp Plan amendment cycle page Fish and Wildlife Geo&Econ Report Penny Creek SEPA supplement SEPA 4-25-03 bp 'ennycreek mrl app Penny Creek MRL Penny Creek MRL Habitat Summ... Final 043003... .xpansin MRL narra. revskip 043003... Rev RLG 4-30-0... no8 skip042... app EXHIBIT E... app EXHIBIT B... Thanks for the update. Here are the digital files. Original Message From: Josh Peters [mailto:jpeters @co.jefferson.wa.us] Sent: Friday, July 25, 2003 10:49 AM To: skip @eco-land.com Subject: 2004 Comp Plan amendment cycle page Greetings Skip: Following up on yesterday's conversation. The 2004 Comp Plan amendment cycle web page is now up: http://www.co.jefferson.wa.us/commdevelopment/2003%20Comprehensive%20Pla n%20Amendment%20Cycle.htm. Announcements and such will now be posted there. The Planning Commission agenda for 7/30 is now posted: http://www.co.jefferson.wa.us/commdevelopment/LRP.htm#PlanningCommission . So far for 8/6, the draft agenda items are presentation of the staff report on the site-specific applications and finalization of the Planning Commission by-laws. Other topics could come up. It's up to the Chair, principally. Agendas generally are posted on the Thursday preceding the Wednesday meeting. Are you still able to email me Word versions of the Phillips/Maki amendment application and SEPA checklist? That would be appreciated. Thank you and regards, Josh ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters@co.jefferson.wa.us Web: http://www.co.jefferson.wa.us/commdevelopment/ 1 RE."Penr1 Creek Quarry Page 1 of 2 Josh Peters From: Cain, Stephen A- MSHA[Cain.Stephen @ DOL.GOV] Sent: Friday, August 01,2003 7:49 AM To: Josh Peters Cc: Wakefield, Richard E - MSHA Subject: RE: Penny Creek Quarry Mr.Peters: In response to your request concerning Penny Creek Quarry blasting practices the investigator found no violations of the Mine Safety and Health Regulations(ref:30CFR)during the investigation.Please note that MSHA does not regulate whether the blasting at the mine is too loud for the surrounding community.I believe that would be a county code issue.MSHA regulations deal with the safety and health of the miners working at the mine.With respect to blasting and explosives,MSHA has regulations in place that the mine company must follow concerning whether the blast site is safe when it comes to loading of explosives,handling of explosives,security of blast site,and the blast to ensure that any fly rock does not leave the blast site area and endanger persons.Also,we regulate the safe storage of explosives on the mine site.If you want or need a copy of this inspection report it is available through the Freedom of Information Act.The contact person for the request is Marianne Boyer.707/447/9844.If I can be of any further assistance please feel free to call me.206/553/7037. Sincerely: Stephen Cain Supervisor MSHA Original Message From:Wakefield,Richard E-MSHA Sent:Tuesday,July 29,2003 02:56 PM To:Cain,Stephen A-MSHA Subject:FW:Penny Creek Quarry Importance:High Steve, I spoke with this gentlman yesterday and advised him only of a"on going"investigation. This gentleman wanted a"Final compliance report". I stated that only with my supervisors authority,and that I would be consulting you for further counseling on this issue. Let me know what I,or rather how to respond to this letter. Thanks, Rick Original Message From:Josh Peters[mailto:jpeters @co.jefferson.wa.us] Sent:Monday,July 28,2003 6:10 PM To:wakefield-richard @msha.gov Subject:Penny Creek Quarry Importance:High Greetings Mr.Wakefield: Thank you for calling me back today. If you would,please respond to this email with the status of the ongoing investigation into the blasting protocol used at the Penny Creek Quarry in Quilcene,Washington. As you know,some neighbors of the Quarry believe that the sounds generated during blasting at the Quarry exceed State and Federal standards. The operators maintain that blasting at the Quarry is and has been in compliance with State and Federal standards. I look forward to your response and to receiving a copy of a final compliance report that you mentioned may be available at the end of August. Regards, 8/1/2003 RE:'Penn'Creek Quarry Page 2 of 2 a Josh D.Peters Associate Planner,Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street,Port Townsend WA 98368 Direct:(360)379-4466,Main: (360)379-4450,Fax: (360)379-4473 Email:jpeters @co.jefferson.wa.us Web:http://www.co.jefferson.wa.us/commdevelopment/ 8/1/2003 Josh Peters From: Wakefield, Richard E- MSHA[Wakefield.Richard@DOL.GOV] Sent: Tuesday,July 29, 2003 3:01 PM To: Josh Peters Subject: RE: Penny Creek Quarry Josh, As per our conversation yesterday. I can only state that this is an on going investigation, and have consulted my supervisor for any further information that can be released in this case. Thanks. Rick Wakefield, CMSP, Federal Mine Inspector. USDOL Original Message From: Josh Peters [mailto:jpeters @co.jefferson.wa.us] Sent: Monday, July 28, 2003 6:10 PM To: wakefield-richard @msha.gov Subject: Penny Creek Quarry Importance: High Greetings Mr. Wakefield: Thank you for calling me back today. If you would, please respond to this email with the status of the ongoing investigation into the blasting protocol used at the Penny Creek Quarry in Quilcene, Washington. As you know, some neighbors of the Quarry believe that the sounds generated during blasting at the Quarry exceed State and Federal standards. The operators maintain that blasting at the Quarry is and has been in compliance with State and Federal standards. I look forward to your response and to receiving a copy of a final compliance report that you mentioned may be available at the end of August. Regards, Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters @co.jefferson.wa.us Web: http://www.co.jefferson.wa.us/commdevelopment/ 1 Josh Peters From: CHRIS JOHNSON [chris.johnson@wadnr.gov] Sent: Friday, August 01, 2003 12:54 PM To: Josh Peters Cc: DAVE NORMAN; MATT BROOKSHIER Subject: Re:Jefferson County MRD/GMA/Crescent Basalt Josh: With regards to the viability of a rock aggregate resource at a specific quarry site, I cannot comment. I can, however, generalize by saying that Crescent Formation (basalt) does not pervasively produce rock with high durability and high strength characteristics. The paucity of durable and strong rock is primarily due to the Crescent's submarine origins and associated mineral alteration. The Crescent basalt may contain anomalous rock bodies with higher strength and durability characteristics, but such prospects must be drilled and analyzed for favorable engineering and economic characteristics. More commonly Crescent Basalt has been used as a lower grade, abundant, and accessible rock source for timber harvest road base, riprap, and jetty rock. I hope that I have been of some help to you. Best Regards, Chris Johnson »> "Josh Peters" <jpeters @co.jefferson.wa.us> 08/01/2003 9:52:38 AM »> Hello Chris. After you take a look at this, please respond whether DNR is able to comment on the report and/or on the characteristics of the site in terms of viable mineral resource. Thank you in advance, Josh «Geo & Econ Report Final 043003.doc» ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters @co.jefferson.wa.us Web: http://www.co.jefferson.wa.us/commdevelopment/ 1 Josh Peters From: Morrison, Scott[smor461 @ ECY.WA.GOV] Sent: Wednesday, August 06,2003 11:16 AM To: Josh Peters Subject: RE: permit for Penny Creek That's right, Josh. Mari Phillips contacted me and I'll be visiting their site as a follow-up to my recommendations. Original Message From: Josh Peters (mailto:jpeters @co.jefferson.wa.us] Sent: Monday, August 04, 2003 1:55 PM To: Morrison, Scott Subject: permit for Penny Creek Greetings Scott: Thank you for the response to my voicemail. I'll let you know if I have any follow-up questions. My assumption is that when Penny Creek Quarry applies to DNR for a surface mine reclamation permit and to the County for a mineral extraction/stormwater management permit, the Ecology sand and gravel permit will simultaneously be reviewed and updated to reflect the proposed expansion. Please correct me if I'm wrong on that count. Regards, Josh ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters @co.jefferson.wa.us Web: http://www.co.jefferson.wa.us/commdevelopment/ 1 Jos Miters From: MATT BROOKSHIER [matt.brookshier@wadnr.gov] Sent: Friday, August 01, 2003 2:20 PM To: Josh Peters Cc: CHRIS JOHNSON; DAVE NORMAN Subject: Re: Reclamation at Penny Creek Quarry Josh, My understanding is that the consultant working on the reclamation plan proposed to the owners that they not go ahead with the reclamation plan at this point in time (due to the cost) until the MRL was approved or not, and then go to plan B if the MRL doesn't go through whatever that may entail. I don't know much about the property (visited breifly) , I want to remember that they had done some strength and durability testing already. However, we may have recommended that they do that. I would inquire about testing versus taking my word for it! As far as reclamation, they really do need the old county parcel and the other 10 or 20-acres of thier own land permitted to develop the site appropriatley for reclamation. I don't know where the quarry foot prints as far as property boundaries as it stands now. The whole idea is for them to start quarrying from the top down in bench fasion to create a continuous slope versus a near vertical highwall. Hope this helps. Matt Brookshier mailto:matt.brookshier @wadnr.gov Surface Mining Reclamation Program Division of Geology and Earth Resources P.O. Box 47007 Olympia, WA 98504-7007 http://www.dnr.wa.gov/geology/smr.htm Phone: 360-902-1470 Fax: 360-902-1785 >>> "Josh Peters" <jpeters @co.jefferson.wa.us> 08/01/03 01:12PM >>> Hello Matt (et al) : I spoke with Chris earlier today about Penny Creek Quarry. Could you briefly describe the status of reclamation planning at the Quarry? My understanding is that a Reclamation Plan is required for that site, but one has yet to be been developed and approved. Has the operator submitted a plan for your approval? If so, what is the timeline for that review process? If no, what is the expected submittal date? Is there any other detail about that operation that would be helpful for us to know as we receive their legislative proposal for the establishment of a Mineral 1 Resource Lands (MRL) overlay district for approximately 37 acres (beyond -chel.r,Ork current mine area) ? We expect to release a staff report to the Planning Commission this coming Wednesday, August 6, which will initiate a two-week comment period culminating in a public hearing before the Planning Commission on August 20. We would be more than happy to provide you a copy of the MRL application and the staff report, if you anticipate being able to submit a comment for the record on this application during the comment period. In the meantime, and for the preparation of the staff report due for completion early next week, could you provide some basic details on the status of Penny Creek Quarry in relation to DNR regulation and State mining law? Thank you in advance, Josh ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters@co.jefferson.wa.us Web: http://www.co.jefferson.wa.us/commdevelopment/ 2 Josh Peters From: Josh Peters Sent: Friday, August 01, 2003 1:12 PM To: MATT BROOKSHIER Cc: DAVE NORMAN; 'CHRIS JOHNSON' Subject: Reclamation at Penny Creek Quarry Importance: High Hello Matt (et al) : I spoke with Chris earlier today about Penny Creek Quarry. Could you briefly describe the status of reclamation planning at the Quarry? My understanding is that a Reclamation Plan is required for that site, but one has yet to be been developed and approved. Has the operator submitted a plan for your approval? If so, what is the timeline for that review process? If no, what is the expected submittal date? Is there any other detail about that operation that would be helpful for us to know as we receive their legislative proposal for the establishment of a Mineral Resource Lands (MRL) overlay district for approximately 37 acres (beyond their current mine area) ? We expect to release a staff report to the Planning Commission this coming Wednesday, August 6, which will initiate a two-week comment period culminating in a public hearing before the Planning Commission on August 20. We would be more than happy to provide you a copy of the MRL application and the staff report, if you anticipate being able to submit a comment for the record on this application during the comment period. In the meantime, and for the preparation of the staff report due for completion early next week, could you provide some basic details on the status of Penny Creek Quarry in relation to DNR regulation and State mining law? Thank you in advance, Josh ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters @co.jefferson.wa.us Web: http://www.co.jefferson.wa.us/commdevelopment/ 1 (►\ DAVID BERGER 208 722 71S5 08/19/03 11:01am P. 001 sf-_o 4-"`i c- D a v i d A . Berger .4025 — 50th Avenue South Seattle, Washington 98118 Voice (206) 722-7193 Fax (206) 722-7195 e-mail dab20 @aol.com August 19`", 2003 E C E U d E Quilcene Planning Commission AUG 1 9 2003 Quilcene, WA DEPT.OF COMMUNITY DEVELOPMENT RE: Penny Creek Quarry JEFFERSON COUNTY To Whom It Concerns: I am a frequent visitor to Quilcene and environs, as this beautiful area is one of my favorite recreational destinations. I was there a week ago and learned about the proposed expansion of the Penny Creek quarry from 3 to 57 acres. I am against this development. It is out of character with the Quilcene atmosphere and forested hills. I believe it will lead to additional traffic, noise and visual eyesores, perhaps erosion as well, and that this kind of development will be detrimental to the area in the long run. Yours, rYAPIA David Ber er Josh Peters From: Skip Urling [skip @eco-land.com] Sent: Thursday, August 07, 2003 11:01 AM To: Josh Peters Subject: RE: case thanks Original Message From: Josh Peters [mailto:jpeters @co.jefferson.wa.us] Sent: Thursday, August 07, 2003 10:55 AM To: Skip Urling Subject: case Greetings. Call it "returning the favor. " Here is a Word version of the case. 1 Josh Peters From: Josh Peters Sent: Thursday, August 07, 2003 10:39 AM To: 'Skip Urling' Subject: emails RE:Penny Creek RE:Penny Creek Re:Jefferson Re:Reclamation at RE:permit for Quarry Quarry ;ounty MRD/GMA/.. Penny Creek... Penny Creek 1 Josh Peters From: Josh Peters Sent: Thursday, August 07, 2003 10:55 AM To: 'Skip Urling' Subject: case Rhod-a-zalea.doc Greetings. Call it "returning the favor. " Here is a Word version of the case. 1 Josh Peters From: Josh Peters Sent: Friday, August 01, 2003 9:53 AM To: Chris Johnson (E-mail) Subject: econ &geo report Hello Chris. After you take a look at this, please respond whether DNR is able to comment on the report and/or on the characteristics of the site in terms of viable mineral resource. Thank you in advance, Josh Geo&Econ Report Final 043003... Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email:jpeters@co.jefferson.wa.us Web: http://www.co.lefferson.wa.us/commdevelopment/ 1 Josh Peters From: Maureen Muller[maureenm@eco-land.com] Sent: Thursday, August 21, 2003 11:48 AM To: Josh Peters Subject: RE: digital map attached F uT Penny Creek Land Use-Zoning.pd... Josh: Skip forwarded your email to me and I have attached the PDF of the color display board that you requested. It is at 11x17 size now but you can print it any size you want. If you need anything else just let me know. Thank you, Maureen M. Muller 1157 3rd Ave, Suite 220 Longview, WA 98632 Office: (360) 578-1371 Fax: (360) 414-9305 email: maureenm @eco-land.com Original Message From: Skip Urling [mailto:skip @eco-land.com] Sent: Thursday, August 21, 2003 11:22 AM To: Maureen Subject: FW: digital map? Importance: High Original Message From: Josh Peters [mailto:jpeters @co.jefferson.wa.us] Sent: Thursday, August 21, 2003 10:31 AM To: Skip Urling Cc: Cheryl Halvorson Subject: digital map? Importance: High Good morning, Skip. Is there a chance that you can forward to us a digital version of the poster board map that you submitted to Cheryl last night? That would make it easier for us to print out 8 1/2 " x 11 " color copies for the Planning Commissioners (and eventually the Board) . The format could be PDF or probably a variety of document types. You could just send us a document type and we'll try to work with it or convert it. Please let us know as soon as you can. Thank you, Josh 1 Josh Peters From: Mike and Dora Whittaker[sdrr@tscnet.com] Sent: Monday, September 08, 2003 3:26 PM To: Josh Peters Subject: Re: copies for pick up Dear Josh, Thanks again. Mike Whittaker Original Message From: "Josh Peters" <jpeters @co.jefferson.wa.us> To: <sdrr @tscnet.com> Cc: "Al Scalf" <ascalf @co.jefferson.wa.us>; "Roseann Carroll" <rcarroll @co.jefferson.wa.us>; "Mary Anderson" <manderson @co.jefferson.wa.us>; "Cheryl Halvorson" <caalvorson @co.jefferson.wa.us> Sent: Monday, September 08, 2003 2:29 PM Subject: copies for pick up Hello Mike: I got your phone message. I have left copies for you in the basket out front, behind the counter, marked "To be picked up--money owed. " There are nine double-sided pages total, which at 15 cents per page comes to $1.35. Include are two items: faxed pages from the Phillips regarding degradation scores and a copy of the letter from the Phillips attorney (which was not forwarded to the Planning Commission because it arrived after the comment period ended) . Regards, Josh ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters @co.jefferson.wa.us Web:, http://www.co.jefferson.wa.us/commdevelopment/ 1 Josh Peters From: Josh Peters Sent: Monday, September 08, 2003 2:29 PM To: 'sdrr@tscnet.com' Cc: Al Scalf; Roseann Carroll; Mary Anderson; Cheryl Halvorson Subject: copies for pick up Hello Mike: I got your phone message. I have left copies for you in the basket out front, behind the counter, marked "To be picked up--money owed." There are nine double-sided pages total, which at 15 cents per page comes to$1.35. Include are two items:faxed pages from the Phillips regarding degradation scores and a copy of the letter from the Phillips attorney(which was not forwarded to the Planning Commission because it arrived after the comment period ended). Regards, Josh ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email:jpeters@co.jefferson.wa.us Web: http://www.co.iefferson.wa.us/commdevelopment/ 1 Josh Peters From: Josh Peters Sent: Wednesday, November 12, 2003 4:47 PM To: 'sdrr@tscnet.com' Cc: Cheryl Halvorson Subject: comments for BOCC Hello Mike: Randy forwarded your voicemail of today to me for a response. You can send or deliver your written comments for the BOCC on the Phillips MRL request to DCD (address below). We will make a copy for the record and forward the material to the Commissioners office. Alternatively,you can deliver the material to the Board members on the 24th at the public hearing. The decision is yours. Regards, Josh Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email:jpeters©co.jefferson.wa.us Web: http://www.co.lefferson.wa.us/commdevelopment/ 1 Josh Peters From: Skip Urling [skip@eco-land.com] Sent: Monday, November 17, 2003 5:01 PM To: Josh Peters; Cheryl Halvorson; Al Scalf; Roseann Carroll Cc: pennycreek@olympus.net; pennycreek@hotmail.com Subject: RE: correspondence request Thank you Josh. This is accurate. Please call me when the package is ready and I'll arrange from someone to pick it up. My phone is 360.578.1371 Original Message From: Josh Peters [mailto:jpeters @co.jefferson.wa.us] Sent: Monday, November 17, 2003 4:33 PM To: Cheryl Halvorson; Al Scalf; Roseann Carroll Cc: skip @eco-land.com; pennycreek @olympus.net Subject: correspondence request Greetings: Skip Urling, representative for Penny Creek Quarry, has requested copies of all past and future correspondence related to the Penny Creek Quarry MRL overlay application during this year's Comprehensive Plan amendment cycle. To my knowledge, that would entail the attachments to Cheryl 's recent memo to the Board on the comments provided to the Planning Commission and Mike Whittaker's comment notebook submitted today to our department and to the Board. I am unaware of any other correspondence submitted to date for the Board's public hearing on November 24. I informed Mr. Urling that the copying cost would be $0.15 per sheet of paper, plus postage and whatever it costs us to have a copy made of the videotape submitted by Mr. Whittaker as part of his notebook. I informed him that the videotape would most likely have to be provided to a local copying service and may take some days to copy. Mr. Urling and the Penny Creek Quarry are being cc'd on this message. Mr. Urling plans to speak with Gary and/or Mari Phillips and confirm where they would like this material sent (for example, either to Mr. Urling's business address or to the Penny Creek Quarry) or if they would prefer to pick up the material at our office. Mr. Urling said that we should go ahead and arrange for the copies to be made, rather than provide him an estimated cost and wait for confirmation. I told him that Cheryl will likely be his principal contact on this information request, but that Rose Ann may be the one in Cheryl's absence. (Skip, Gary or Mari: if you read something here that sounds different than how you were thinking, please let us know. ) Regards, Josh 1 Page 1 of 1 Josh Peters From: MARGIE [arnoldge@tscnet.com] Sent: Monday, November 17, 2003 2:16 PM To: Al Scalf; Josh Peters Subject: Let's set the record straight Dear Mr. Scalf and Mr. Peters, Mike Whittaker passed on to me the information that you, Mr. Peters, relayed to him this morning. I wish to go on record that Mari Phillips is NOT accurate when she states that"Margie Arnold and I are working things out". THINGS ARE NOT OK, NOT "WORKING OUT"WITH THE QUARRY. You have my permission to forward this email to her if you so desire. Isn't it interesting that she got right on the phone to inform you that we are working things out? Mari Phillips is once again playing games in the hopes of achieving their(less than honorable) goals. Last week, on a morning when the noise at the quarry was horrendous, I called the Phillips'to ask what piece of machinery was making that"freight train"noise. You will recall, Mr. Scalf, during yours and my meeting last week, you asked me to find out which pieces of machinery were making the most disturbing noise so that these could be included, for sure, in the upcoming noise study. I don't know who answered the phone when I called over to the quarry, but Mari quickly picked up and gave me an evasive answer but invited me to come over and see what they were accomplishing. I agreed to do this only if she would first come to my property and walk my trails so that she could hear first-hand what I was putting up with. She agreed. As Mari arrived the noise level dramatically dropped off(and picked up again once she had gone home). We did indeed walk my trails and she raised her eyebrows every time a car went by on 101 and I verbally explained to her that this was NOT the sound that was disturbing me; however, of course, this was only my word, the quarry noise had ceased. When we were about half way around the walk, Mari began to cry in a very theatrical manner sobbing that she was"tired of being a bad neighbor". I told her that they held all the cards, if I wanted a friend to visit, it might or it might not be one of the incredibly noisy quarry workdays, I had no way of predicting and no way of controlling it. She replied that all I had to do was call and let them know I was having a visitor and they would not use the noisy machinery during that time. Is this something that is believable to anyone with even an ounce of savvy? She pressed me about when I would visit, and I put her off by informing her that I had a hospital procedure the following day (Thursday) and that I worked the weekend so it would have to be next week. She stated that they would plan to do their very noisy work"tomorrow"(Thursday) when I wasn't home. At least she wasn't fabricating about the noise of Thursday. I didn't leave until 9:00 a.m. and it was shaping up to be one of the noisiest days I'd ever encountered and was, I fear, a predictor of the days to come should this project be approved. I even called and left a message for Mr. Scalf so that he could hear the noise in the background. Now, I ask you, if Mari Phillips is"tired of being a bad neighbor"does this not extend to a//the neighbors? If I called the quarry and said I was having company on Wednesday, another neighbor called about Monday, another about Tuesday, and so on, when are they planning to do their work while also being"good neighbors"? I submit that Mari's promises will extend to the precise date that the vote on this project takes place. If the project is voted for approval, I fully expect Mari to respond to any complaint I might have in the future with"That's business". Her history precedes her. Sincerely, Margie Arnold 11/17/2003 Josh Peters From: Josh Peters Sent: Thursday, November 13, 2003 2:47 PM To: 'skip @ eco-land.com; 'pennycreek@ olympus.net; 'woodland©woodlandmgmt.com; 'bill©nwboatschool.org' Cc: Cheryl Halvorson;Al Scalf; David Goldsmith; Doug Peters (E-mail) Greetings Comprehensive Plan amendment applicants and/or representatives: The Planning Commission recommendations for the 2003 Comprehensive Plan Amendment Docket have been forwarded to the Board of County Commissioners (BOCC),who have scheduled a public hearing on the proposals for Monday, November 24 at 11:15 in the BOCC Chambers at the Courthouse. For more information on the 2003 Amendment Cycle, including the Planning Commission recommendations and the legal notice for the November 24 hearing, please visit this page: http://www.co.jefferson.wa.us/commdevelopment/2003%20Comprehensive% 20PIan%20Amendment%20Cycle.htm. Documents are posted under the"Documents"section. Your attendance at the November 24 hearing is optional. You may also comment in writing prior to or at the hearing, if you so choose. Comments can be mailed to the address below or emailed to<planning @co.jefferson.wa.us>. The BOCC is expected to deliberate and make decisions on each of the proposals under consideration on the 2003 Docket on either the first or second Monday of December. The BOCC agenda are posted here: http://www.co.jefferson.wa.us/commissioners/default.htm. Results will be posted on the webpage linked above. Should you have any questions, please be in touch. Regards, Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360)379-4450, Fax: (360)379-4473 Email:jpeters@co.jefferson.wa.us Web: http://www.co.iefferson.wa.us/commdevelopment/ 1 Page 1 of 2 Josh Peters From: Josh Peters Sent: Tuesday, November 18, 2003 11:12 AM To: 'Skip Urling'; pennycreek @olympus.net Cc: 'arnoldge @tscnet.com'; Al Scalf; Greg Ballard Subject: FW: Let's set the record straight Greetings Mr. Urling and Mr. and Mrs. Phillips: Ms. Arnold sent us this email and seemingly desired for us to forward it to you for your information. Regards, Josh Peters Original Message From: MARGIE [mailto:arnoldge @tscnet.com] Sent: Monday, November 17, 2003 2:16 PM To: Al Scalf; Josh Peters Subject: Let's set the record straight Dear Mr. Scalf and Mr. Peters, Mike Whittaker passed on to me the information that you, Mr. Peters, relayed to him this morning. I wish to go on record that Mari Phillips is NOT accurate when she states that"Margie Arnold and I are working things out". THINGS ARE NOT OK, NOT "WORKING OUT" WITH THE QUARRY. You have my permission to forward this email to her if you so desire. Isn't it interesting that she got right on the phone to inform you that we are working things out? Mari Phillips is once again playing games in the hopes of achieving their (less than honorable) goals. Last week, on a morning when the noise at the quarry was horrendous, I called the Phillips' to ask what piece of machinery was making that "freight train" noise. You will recall, Mr. Scalf, during yours and my meeting last week, you asked me to find out which pieces of machinery were making the most disturbing noise so that these could be included, for sure, in the upcoming noise study. I don't know who answered the phone when I called over to the quarry, but Mari quickly picked up and gave me an evasive answer but invited me to come over and see what they were accomplishing. I agreed to do this only if she would first come to my property and walk my trails so that she could hear first-hand what I was putting up with. She agreed. As Mari arrived the noise level dramatically dropped off(and picked up again once she had gone home). We did indeed walk my trails and she raised her eyebrows every time a car went by on 101 and I verbally explained to her that this was NOT the sound that was disturbing me; however, of course, this was only my word, the quarry noise had ceased. When we were about half way around the walk, Mari began to cry in a very theatrical manner sobbing that she was "tired of being a bad neighbor". I told her that they held all the cards, if I wanted a friend to visit, it might or it might not be one of the incredibly noisy quarry workdays, I had no way of predicting and no way of controlling it. She replied that all I had to do was call and let them know I was having a visitor and they would not use the noisy machinery during that time. Is this something that is believable to anyone with even an ounce of savvy? She pressed me about when I would visit, and I put her off by informing her that I had a hospital procedure the following day (Thursday) and that I worked the weekend so it would have to be next week. She stated that they would plan to do their very noisy work "tomorrow" (Thursday) when I wasn't home. At least she wasn't fabricating about the noise of Thursday. I didn't leave until 9:00 a.m. and it was shaping up to be one of the noisiest days I'd ever encountered and was, I fear, a predictor of the days to come should this project be approved. I even called and left a message for Mr. Scalf so that he could hear the noise in the background. 11/18/2003 Page2of2 Now, I ask you, if Mari Phillips is "tired of being a bad neighbor" does this not extend to a//the neighbors? If I called the quarry and said I was having company on Wednesday, another neighbor called about Monday, another about Tuesday, and so on, when are they planning to do their work while also being "good neighbors"? I submit that Mari's promises will extend to the precise date that the vote on this project takes place. If the project is voted for approval, I fully expect Mari to respond to any complaint I might have in the future with "That's business". Her history precedes her. Sincerely, Margie Arnold 11/18/2003 Josh Peters From: Roseann Carroll Sent: Tuesday, November 18, 2003 11:02 AM To: 'skip@eco-land.com' Cc: Josh Peters; Randy Kline; Cheryl Halvorson Subject: Correspondence Request Skip- I received your voice message this am. The information you are requesting is being copied as I type this e-mail. The video we will have to send out to have copied. You may want to view the video while you are here on Thursday to make sure it is something you really want a copy of. FYI - Mari Phillips is here right now viewing the video. Rose Ann Carroll Administrative Assistant 1 Josh Peters From: Cheryl Halvorson Sent: Tuesday, November 18, 2003 2:33 PM To: 'skip@eco-land.com' Cc: Josh Peters; Roseann Carroll Subject: Correspondence Request MLA03-231 Hello Mr. Urling, Re your information request for copies of comment letters received for this Comp Plan amendment, I believe you have received copies of everything already, except for yesterday's package from Mike Whittaker. Mari Phillips was in the office earlier today and reviewed the video tape and the packet of materials. I made copies of only a couple of parts of it for her-the cover letter and an undated letter from Dora Whittaker. We had to send out the video tape for copying. It will be ready for you to pick up on Thursday when you come in. Mari paid for everything -the video and today's copies. If there is anything else you'd like copied after reviewing the record to date, we can take care of it on Thursday. I will be out of the office tomorrow(Wednesday), but I will be here on Thursday. If you have any questions between now and then, please contact either Josh Peters or Rose Ann Carroll. Thank you. Cheryl Halvorson 1 Josh Peters From: Josh Peters Sent: Tuesday, December 09, 2003 11:00 AM To: 'Skip Urling' Cc: David Alvarez Subject: RE: 2003 Comp Plan amendment cycle update 60 days from date of publication (scheduled for December 17) Original Message From: Skip Urling [mailto:skip @eco-land.com] Sent: Tuesday, December 09, 2003 10:50 AM To: Josh Peters Subject: RE: 2003 Comp Plan amendment cycle update What is the appeal period on the actions? Original Message From: Josh Peters [mailto:jpeters @co.jefferson.wa.us] Sent: Tuesday, December 09, 2003 10:28 AM To: skip @eco-land.com; pennycreek @olympus.net; woodland @woodlandmgmt.com; bill @nwboatschool.org Cc: Cheryl Halvorson; Al Scalf; David Goldsmith; Doug Peters (E-mail) ; David Alvarez Subject: 2003 Comp Plan amendment cycle update Greetings Comprehensive Plan amendment applicants and/or representatives: The Board of County Commissioners (BOCC) took action on five proposals on the 2003 Comprehensive Plan Amendment Docket on Monday, December 1. All three of the site-specific applications were approved by the BOCC. Two of the proposals (Phillips/Maki and ANE Forests) were approved with conditions. On Monday, December 8, the BOCC discussed and approved two ordinances that will formally adopt Comprehensive Plan amendments. A legal notice is scheduled to appear in the December 17 edition of the Port Townsend & Jefferson County Leader newspaper. The date of publication for the legal notice will initiate a 60-day appeal period. The decisions are presumed valid and are effective December 8. When PDF versions of the adopting ordinances are available, they will be posted on the 2003 Amendment Cycle web page: http://www.co.jefferson.wa.us/commdevelopment/2003%20Comprehensive%20Pla n%20Amendment%20Cycle.htm. Should you have any questions, please be in touch. Regards, Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email: jpeters @co.jefferson.wa.us Web: http://www.co.jefferson.wa.us/commdevelopment/ 1 Josh Peters From: Josh Peters Sent: Tuesday, December 09,2003 10:28 AM To: 'skip @ eco-land.com'; 'pennycreek©olympus.net; 'woodland @woodlandmgmt.com; 'bill @ nwboatschool.org' Cc: Cheryl Halvorson; Al Scalf; David Goldsmith; 'Doug Peters (E-mail)'; David Alvarez Subject: 2003 Comp Plan amendment cycle update Greetings Comprehensive Plan amendment applicants and/or representatives: The Board of County Commissioners (BOCC)took action on five proposals on the 2003 Comprehensive Plan Amendment Docket on Monday, December 1. All three of the site-specific applications were approved by the BOCC. Two of the proposals (Phillips/Maki and ANE Forests)were approved with conditions. On Monday, December 8,the BOCC discussed and approved two ordinances that will formally adopt Comprehensive Plan amendments. A legal notice is scheduled to appear in the December 17 edition of the Port Townsend&Jefferson County Leader newspaper. The date of publication for the legal notice will initiate a 60-day appeal period. The decisions are presumed valid and are effective December 8. When PDF versions of the adopting ordinances are available,they will be posted on the 2003 Amendment Cycle web page: http://www.co.jefferson.wa.us/commdevelopment/2003%20Comprehensive%20PIan%20Amendment%20Cycle.htm. Should you have any questions, please be in touch. Regards, Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360)379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email:jpeters @co.jefferson.wa.us Web: http://www.co.iefferson.wa.us/commdevelopment/ 1 0 w N I- Z D ,g -- .o. 8 A-1 H.; O m m .�N ma N tw R'o n m NN a A O O2 N O I s m N m Q r1'1 , T n n� ro g g R R 7D � C CI) O. iM q w i $I B e 'g $R 8 x-,, � 1 m g' s . $ A till -j a3 R ® -3 g p- 818 m ss It 2 9� 87 g RN gal SR1 g 'o ; 'iil'910 4 8 O . o 6d C ro 8 I .pp 8 g g m y gN ae, 's „mm. 8/ s_. s b °ng_ gg Vi* \ 1 od 1 o_3g � m 0 :U O ED X_ R1 1H N o L m 0 z v e° x e °e ^.ee o e °m 3 a n v m 17 ^a o m a m ,..8OM 3e g . r°o 3 ' 3 «a R s sc3 m ° o a P m T 2 3 A g , . u•$ n°$ Z rn �O °3£ m 0m ne O� < T O O mO 3 a= 3 H H fir- O £-3--.0.E °C H o m 3 y N g - m m H o D S k 3 a T ; kw m 2mt°`"ism m - m a < = 3 - ; mm 2. m m Oo Oc? m3 N N3 3 A T .. Q ?a q O g 0 ECOLOGICAL LAND SERVICES,INC. DATE 4/MM NATURAL RESOURCE CONSULTING EXHIBIT A AND LAND PLANNING DVVN. MM Penny Creek Quarry 1157 3rd Ave.,Suite 220 APPR. su 450 Penny Creek Road Longview,WA 98632 Portion of Section 22,T27N,R2W,W.M. (360)578-1371 Pax:(360)414-9305 REVIS.11/19/03 .,�` r . o P f / I B (( 1 cm N$ 1 }r .1 zo t<=m ro ` °n , I ili\ • lit\N \\...) 1114k‘ '\\ i i 1 /1111 Z 0 .. 71.., 1 \ k.il, . 1 , 1-• ei 6142 iN $ 0 t inn ,\ s�uvo r � ` IMO E • . 7) z z \ . 0 , , _ 0 , 0 , , I o m x 1 ■ r k a 4 2 . f 1. g 1. Id 1,•IdtT :SO =30' OF, '5T1a SCE6t'T'O9S: 'ON X Jd :11111111)11111/ . r' '4 ... 4P x J dB r W P Ul O '.1 00 O O —' N W r- > O 0 O O O O O O O O D 2 .. J W W D � �-- _ W :� N CO J CJ� �Z W O i 0 ---, 00 co .v. Ni '. ;IS ,.-,, .- li"< := -t cn p -1 — o - z 0 trJ AD V 1 4' O '." _— _ _ CO W ,..---- r— W 4 GJ ` w O .T o1 __ _ ' W • • --- 0, - - ._. -' c.'-'7'#F'afi' :? eW,, . A gMelif,iiVA 4' d,sr i4`hh,..WMAZN,Sz,MysT V R MrzOM?7(.F'.'''" i0 04p3?. !:■c rf ,,,∎V,,ry 4aa,n r.;: At Wr'a,i ', ,)y',1,■ ' ,), dB __.a W Cn (Y) '*".A CO O 0 O O 0 O O 0 0 O O J woo 0 r1.1 -o rn -F O rn VJ m r H a _ - 0 O - O CO OD ao ti V 00 0- 0 1 i 'S {f„°fr.°. ,. -:Cz)!..,1 n Z'KU M @,0 �J” FROh.: FAX NO. :3604149305 Nov. 22 2003 03:371 M P4 1.1/21./2003 111:44 FAX 380 491 8308 OReAA 3003 • { File#213 OLYMPIC REGION CLEAN AIR AGENCY(ORCAA) INSPECTION REPORT Source: Penny Creek Quarry f� .:� 4 �, 4' 413 Penny Creek Rd. ; h Quilcene, WA 98370 NOV 2 4 2003 a ORCAA Staff: John Kelly, Air Quality Specialist Source Representatives: Mr. Gary Phillips, owner JEFFERSON COUNTY Type of inspection: Unannounced/annual DEPT. OF COMMUNITY DEVELOPMENT Date of inspection: 10/2/03 Pete of Report: 10/17/03 Introduction I arrived at the Penny Creek Quarry in Quilcene at approximately 10:30 AM on 10/2/03 in response to a series of complaints about blasting operations at the quarry over several weeks. Complainants had reported blasting depositing material on their property and creating a nuisance. Conditions were dry, with partly cloudy skies. Temperatures were in the mid Eqs. Winds were light and variable tending from the north-northeast. Entrance interview: I met there with the owner Mr, Gary Phillips. The purpose of the site visit was discussed. Mr. Phillips escorted me on a brief tour of the facility, Pollution Generating Equipment: The •resence of the followin• e•ul•ment on site was verified: Number Manufacturer Type of Capacity Equipment 1 ' T rg rson Impact Crusher 300 ton/hr ` � Universal Jaw Crusher 300 ton/hr Inspection Activities • While on site I performed the typical periodic inspection to verify compliance with all applicable air quality regulations, I presented my credentials and announced my Intention to Inspect the facility to Mr. Phillips, who escorted me on a brief tour of the facility. • The source has water spray at various points on the two crushing lines for dust control. • Mr. Phillips states that their raw material is coastal basalt, interspersed with dirt. The material has a fair amount of moisture content naturally, so dust is generally not an issue In their screening and crushing activities. • At the time only one of the two crushers was operating. • There was no visible dust being generated. • Mr, Phillips was aware of the complaints and indicated there may be other factors associated with the complaints, as they have Just started a permit process for expansion of their activities. They recently acquired the adjacent county quarry. C:1IN y Documentsllnsp Penny CraoIC.doc 11/21/2003 ris 4"°"" FRO1 : FAX NO. :36041493 05 Nov. 22 2303 03:38AM P5 11/21/2005 16:44 FAX 360 491 ems ORCAA g ono File#213 • Mr. Phillips indicated the area where they are blasting •a steep rock face about 180-200 '" feet above the floor of the quarry. He stated that the material has a fair amount of dirt associated with it. Findings/Recommendations • Dust controls ere available and in use for the on the ground activities, • The facility Is apparently well maintained, • The source was advised to continue taking preventative measures for dust control • The source was cooperative in accommodating the unannounced site visit, C:1My l 11 3�ocuments\Insp Penny Creek.doc 2;1/2403 1 , .) . . i c; l.,ll V t [D---) 1.) fir NOV 2 4 1009 ibl WHEN RECORDED RETURN TO: JEFFERSON COUNTY DEPT. OF COMMUNITY°EVE(.OPMENT Mark S.Beaufait, Esq. Black Lowe& Graham, PLLC. 701 5th Avenue, Suite 4800 Seattle, WA 98104 DOCUMENT: MINERAL RESOURCE LANDS OVERLAY DISTRICT COVENANT GRANTOR(S): Marilee Phillips, Gary Phillips, Kelly Phillips, Richard R. Maki, and Kristen Maki GRANTEE(S): Jefferson County Department of Community Development PARCEL Nos.: Parcel 1: AFN No. 702224003 Parcel 2: AFN No. 702224010 Parcel 3: AFN No. 702224023 Parcel 4: AFN No. 702224024 Parcel 5: AFN No. 702224025 Parcel 6: AFN No. 702224026 ABBREVIATED LEGAL DESCRIPTIONS: PARCEL 1: [] SE 1/4 Sec. 22, T27N R2W, W.M. PARCEL 2: [] SE 1/4 Sec. 22, T27N R2W, W.M. PARCEL 3: [] SE 1/4 Sec. 22, T27N R2W, W.M. PARCEL 4: [] SE 1/4 Sec. 22, T27N R2W, W.M.] PARCEL 5: [] SE 1/4 Sec. 22, T27N R2W, W.M. PARCEL 6: [] SE 1/4 Sec. 22, T27N R2W, W.M. COVENANT-1 MINERAL RESOURCE LANDS OVERLAY DISTRICT COVENANT (No Monetary Consideration) This MINERAL RESOURCE LANDS OVERLAY DISTRICT COVENANT is made and entered into this day of , 200x,by and between Grantors, Marilee Phillips, Gary Phillips, Kelly Phillips,Richard R. Maki, and Kristan Maki("Grantors"), and Grantee, Jefferson County Department of Community Development("Grantee" or "County") as follows: I. Parcel 1: Marilee E. Phillips and Gary Y. Phillips, are the owners of the following referenced parcel ("Parcel 1"): AFN No. 702224003 [] SE 1/4 Sec. 22, T27N R2W, W.M. II. Parcel 2: Marilee E. Phillips and Gary Y. Phillips, are the owners of the following referenced parcel ("Parcel 2"): AFN No. 702224010 [] SE 1/4 Sec. 22, T27N R2W, W.M. IIIII. Parcel 3: Gary Y. Phillips is the owner of the following referenced parcel ("Parcel 3"): AFN No. 702224023 [] SE 1/4 Sec. 22, T27N R2W,W.M. IV. Parcel 4: Kelly Y. Phillips is the owner of the following referenced parcel ("Parcel 4"): AFN No. 702224024 [] SE 1/4 Sec. 22, T27N R2W, W.M. COVENANT-2 V. Parcel 5 Richard A. Maki is the owner of the following referenced parcel ("Parcel 5"): AFN No. 702224025 [] SE 1/4 Sec. 22, T27N R2W, W.M. VI. Parcel 6: • Kristan N. Maid s the owner of the following referenced parcel ("Parcel 6"): AFN No. 702224026 [] SE 1/4 Sec. 22, T27N R2W, W.M. VII. Mineral Resource Lands Overlay: The Grantees have applied for and received a Mineral Resource Lands Overlay designation for Parcels 1 through 6. A condition for the Mineral Resource Lands Overlay approval is the implementation and adoption of the following covenant. VIII. Purpose: For the purposes of complying with the County's comprehensive plan and development regulations, the Grantors desire to treat Parcels 1 through 6 as combined as 10 acre tracts, and in particular desire to do so for the purposes of mining under the Mineral Lands Overlay. IX. Assurance to County: The Grantors desires to assure the County that Parcels 1 through 6 shall be and remain as contiguous 10 acre tracts for the duration of any Mineral Resource Lands Overlay zoning. X. Grant of Covenant For and in consideration of the mutual agreements herein and approval of the Mineral Resource Lands Overlay,Marilee E. Phillips and Gary Y. Phillips as owners of Parcel 1, and Parcel 2, Gary Y. Phillips as owner of Parcel 3,Kelly Y. Phillips as owner of Parcel 4, Richard A. Maid as owner of Parcel 5, and Kristan N. Maki as owner of Parcel 6,hereby grant to the County the right to enforce the following mutual restrictive covenant, and further declare, COVENANT-3 covenant and agree that Parcels 1 through 6 shall be considered aggregated as and remain as contiguous minimum 10 acre tracts for the duration of any Mineral Resource Lands Overlay zoning and mining activity. During the pendency of any Mineral Resource Lands Overlay zoning,no mining activities shall take place on any parcel or parcel group less than 10 acres in size. This restrictive covenant shall not be removed unless such an action is approved by the County. XI. Running with Land: This restrictive covenant affects and restricts the described Parcels 1 through 6. This covenant shall run with the land, and shall be construed as a covenant running with and touching and concerning the land and inuring to the benefit of the Grantors, their Successors and Assigns, the public generally, and the County. XII. Binding on Successors and Assigns: This restrictive covenant shall bind the successors, grantees and assigns of the referenced parcels. The easement and covenants shall be in perpetuity, and may be terminated only by the mutual agreement of the owners of the referenced properties and the County or otherwise by law. XIII. Recording: Upon its execution, this Restrictive Covenant shall be recorded with the Jefferson County Auditor. All contracts and deeds or other instruments of conveyance relating to the property or any part thereof shall contain reference to this covenant. XIV. Enforcement: In addition to any other party having a legal right to enforce this covenant,the County shall have the right to enforce and compel compliance with this covenant, including all remedies available at law and equity. The County shall have the right in any such proceeding to recover its attorneys fees and costs. XV. Estoppel: The Grantors by this Restrictive Covenant specifically estop themselves and all of their successors and assigns and all persons presently or hereafter having any interest in the property from asserting or contending in any manner that this Restrictive Covenant is not a full and adequate covenant running with the land and binding upon the property. XVI. Severance: Invalidation of this covenant by judgment or court order shall not affect any of the other covenants which shall remain in full force and effect. COVENANT-4 DATED: November 24, 2003. [A] [date] ——— [B] [date] ——— / / [C] [date] ——— [D] [date] [E] [date] / / [F] [date] ——— STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this day personally appeared before me ,known by me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this th day of ,2000. COVENANT-5 Notary Public in and for the State of Washington,residing in Jefferson County. My commission expires: Printed name: STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this day personally appeared before me ,known by me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this th day of ,2000. Notary Public in and for the State of Washington,residing in Jefferson County. My commission expires: Printed name: phil-5-1000d02 COVENANT-6 jTh, i 311 1 NOV 2 4 2003 JEFFERSON COUNTY To: Gary Phillips DEPT. OF CD,,1mUNITY OFVEI.OPMEta st 25,2003 Penny Creek Quarry Fm: Rick Wakefield U.S Dept. Of Labor Mine Safety and Health Administration :, 4 Gary, This letter is to inform you the findings of the complaint lodged on about June 25th, 2003. :: As per our conversation in June, a decision of"Negative Findings"has been made. This determination was made after interviews and researching Federal Law. • Thank you for your time and patience with this investigation. Sincerely, Rick Wakefield CMS? Federal Mine Inspector • t?. 7., ZO 3jdd dd 99699EEO9E VE:9L EOOZ/%Z/80 .Y '44.11111# G;LH,:•)I,H 1-'ai.11-i� N1,.11.4<..t r L,t ∎J- s •© i.rta/a+WY3n ►r,Jrernan r.,c>.rawJxa tt�y .1PL a QB OF CY7AQ�ICaaV ftBSPa7dAl CRITERIA AND ISFF n C. tt<',>; e.3 ipa Htur u ad Mars ra nmxnerxted guideline*?*o prove t u reshot 1 clam. {: Y ,' (1 7..7 nanais) air In pitsweron-on h coast:I oo now uY ce mines (loctrlerfl o e4t tsqsC*tiaYii blasting opQition c).(Rl SSC171 A ffij 1� 0.75 ips Bucfrau&Nir cream/vended guide/kw w prevails eve:dick/dtn• o (19.2 *r*IL) in/dice:teect constructitrn near wet/1 c Alin'. (RI 135(77). o 't� 06.1d: 1.4 ipa 0 repdalorr 3e r r entiooa mmtL ;kw errrrienuee n sutfact*Noe op -,, dtslamcrs of°500 5000 A•(oc tr i in,b igc s�Ic bI Yu t6), '° z,/,r GOO ra sks) it .. Z.0 tp9 Incepted Omit Wr eziidceaact rne�rnnaretcyt(xi h4& g 7 i 1 1 , (50.8 ittt*Is) graa[7'y biaslim EPA,65C;,ilt ti5o7,vatAcJats cocks,*o ca n i 11'1,11* ��� �" i4/ctti a{ef!rCQtltllllte7il'1. !lte0 1.sal•►txi 17y(1LSkt ettr fiettua�re+e5 otsv�e l,' NOV 2 4 2003 `'j '=� r,, tom. r %yW .2- 1iYs iMttit/ac<t.>,r Las ttnC AVtt7,�C LOnx .►(CGicd 1tJ (}Wler, l iiatkeµ JEFFERSON COUNTY DVEL i, - (137 aroe/s) v b -apuM t�+et16%). DEPT. OF COMMUNITY DEVELOPM p; � �: s 9 ipa AEx>nt WA prababitity*I minor damage fccxn cruutu.uctkrrtr or quo4' s (229®snils) ry tthiatikg. Structural damage to sot= hoiusc. (Wren&(Wren ail vlbra- Yx_ bait rr■►rs.s,douTucLer of at vit►plticras and dye Ito+ssr. AS its Rnr rkawm.ise c o4u rnctiott I?brting,cwinxx c i to neatly iN lnc�rut R 4,9, i ' CStitr aeectilnl es,!rar►relurrl ctamagr au care Fur lowr=lirc;xv.•ocy vihnticx►x,struc- lursal clammy:.lo.mini trwscs. 1 3. ` NNio4c *Clic above a tMxh uppity only w rcx�.idl:nccs,not io any • ''.I. i oelrr.f Tsai or rnatlatlele. scrvativac and arr. cicsign,cd to prevent threslu)ld damage(tattxIsktu ul ; ' ' haitltnc cracks),Car below structural ttania 'eves. However,fur the � '�1 explosives user who may need w wcxic tender of adjacent to indtvid• oat hoses,it to broefic121 than most houses arc capable of withstand- ,'-1.4. ' 'nig higher vibration intensities than those generally recommended for tt)C community as 2 wbtik. He should alsan remember that k wore, ,. quency viiaraiions have greater poIcal.tal for &atetage alto bugtrefrc- 4 encp vix�tut , ttsully by :a LdcWr f xtxuc 2. Itt Clrc.trslances u f. which do parr r f om continuing,ncxms,Ow explosives user will Have to ,vs, make an inclerecialerti, evaluation. �>` Misoclla. eotts TOpde$ � } . Due to Voice llanitatlon$.the diS0,1tssao or bb thnp effeets is bring Lim- 'ft-r- itcd pC�i,Arlty to resident. ..That topic is Me One ftiObt frequeAdy 0 encountered by explosives users,br aught atxxec priru:il>ally because `iv of the tattLavoodoit cc ponce of people to blasting ope.ra.tic>ns. beat i he • :'' topic of hint= response can he discussed.only in ct ry ablator. in ,,,,•+t,.- this Itmirrxt . The discussions found to the ecterect s listed at the o o Py,`if e tpraanr 'f*e►rcfoatzx 621 { t.c o " IM IIMI I 11.1 I 111I. • 7: Event Report ,. A. . Date/Time Vert at 16:37:20 September 15,2003 Serial Number 2838 V 5.52 BlastMate.II/477 , Trigger Source Geo: 0.0300 in/s Battery Level 6.3 Volts Mic: 0.0290 psi(L) Calibration October 11,2002 by Instantel Inc. Range Geo:10.0 in/s File Name D8389RH4.U80 q` Record Time 1.0 sec at 1024 sps Scaled Distance 72.9(800.2 ft., 120.4 lb.) i Notes USBM RI8507 And OSMRE Location: turn one , Client: pennny creek quarry 10 i 1 I I i I i i l I I I I I 11 '_ User Name: kmk APPCO = _ Converted: September 16,2003 17:39:30(V4.02) - No velocity above 0.04 in/s - 5- Post Event Notes - - 2 7- / M 1 - / = Microphone Linear Weighting c _ PSPL 0.00007 psi(L)at 0.153 sec ZC Freq N/A 0.5 Cannel Test Passed(Freq=20.0 Hz Amp=469 my) .f? - Tran Vert Long - 0.2 . PPV 0.00500 0.0350 0.0100 in/s ZC Freq N/A 2.0 >100 Hz - Time(Rel.to Trig) 0.002 0.073 0.010 sec 0.1 Peak Acceleration 0.0133 0.0398 0.0133 g Peak Displacement 0.00000 0.00156 0.00000 in 0.05 T Sensorcheck® Passed Passed Passed 0.04 i I I I 1 2 5 10 20 50 100 > Peak Vector Sum 0.0369 in/s at 0.073 sec Frequency(Hz) N/A: Not Applicable Tran:+ Vert:x Long: o 1 T -i- - - j i 1 I I , , , 1 T _ 0:0 MicL .1 u u 11 NA ----- 0.0 n °:_. -- Long 1I T T T -'-5 -1 1111 11WllW II 11IWIMUwuw u11=00r�161111rwl __ ���A III I i t 0.0 Vert i---- 1 t Tran Tv uninvon tru - 1-:---yrr-n--rr--1--1-nrmurnn-nu n l rra 0.0 t 1 I I I _-i- -0.2 0.0 0.2 0.4 0.6 0.8 1.0 Time Scale:0.10 sec/div Amplitude Scale: Geo: 0.01000 in/s/div Mic:0.00050 psi(L)/div Trigger= 0- - -4 Printed:September 16,2003(V 4.02-4.02) Format Copyrighted 1996-1999 ' -.l IvJ ntr l GL_ U:. `t// DLIJ i i i. SERIAL # 2838 U 5. 52 CLIENT pennnv creek quarry LOCATION turn one USER kmk APPCO TRIG SOURCE geo or mIc , , , , ` , TRIG LEVEL 0.030 In/s 0. 02900 psiCL RECORD TIME 1 s NOTES: _ SCALED DIST. DISTANCE WEIGHT/delay 73. 1 800. 0 ft 120. 0 lb TRIGGERED vert. at 16:37:20 15 Sep . 2003 TRAN UERT LONG PPU 0. 005 0.035 0. 010 in/s FRED. N/A 2 N/A H2 TIME 2 73 10 ms ACCEL 0. 01 0.04 0. 01 9 PK DISP: 0.0000 0. 0016 0. 0000 in PUS 0.037 finis at 73 ms PK AIR 0/P 0. 00007 psi (L) at 153 ms FREQ. N/A USBM RI8507 AND OSMRE ANALYSIS ALL GROUND CHANNELSCin/s ) 10 1 I I > 1 I r 1 I i I I I II 't"Y: - NO UALUE OUER 0. 04 In/s 30 in/s/div 0.00073 psi /div 2.0 - SENSORCHECK Ctm) CALIBRATION 41111111 1.0 r OT=36 FU=82 OU=33 FL=78 OL=36 e.t - PM=�t69 BL=63 ensors passed M i c test ok rated 11 Oct, 2002 tea> stantel Inc . 10 FREQUENCY CH2) 1 Event Report , . Date/Time Vert at 16:53:43 October 1,2003 Serial Number 2838 V 5.52 BlastMate 11/477 Trigger Source Geo: 0.0300 in/s Battery Level 6.3 Volts Mic: 0.0290 psi(L) Calibration October 11,2002 by Instantel Inc. Range Geo:10.0 in/s File Name D8389SAS.9J0 Record Time 1.0 sec at 1024 sps Scaled Distance 26.9(324.8 ft., 145.6 lb.) Notes USBM R18507 And OSMRE Location: qulicene WA Client: penney creek User Name: Kevin Hartley APPCO 10- f I I { { -- I I i a- Converted: October 7,2003 20:26:17(V4.02) - - No velocity aboue 0.04 in/s - 5-� - Extended Notes _ penney creek Post Event Notes 2- / t I / y 1-... / - C _. - -/ - Microphone Linear Weighting P - PSPL 0.00007 psi(L)at 0.977 sec c o.5- - ZC Freq N/A j Channel Test Passed(Freq=20.0 Hz Amp=469 my) - - Tran Vert Long 0.2 - T PPV 0.00500 0.0300 0.0100 in/s ZC Freq N/A 2.0 >100 Hz 0.1- t Time(Rel.to Trig) 0.002 0.005 0.000 sec Peak Acceleration 0.0133 0.0398 0.0133 g Peak Displacement 0.00000 0.00038 0.00000 in 0.05- - Sensorcheck® Passed Passed Passed 0.04 { 1 { 1 1 1 0 i 1 i 1 2 5 10 20 50 100 > Peak Vector Sum 0.0319 in/s at 0.005 sec Frequency(Hz) Tran: + Vert:x Long: 0 N/A: Not Applicable -__.-------------I------- MicL --- - - - - - - --- - 0.0 1� n uiuui .. _- JflI�L_.-.- - -- - - - + Long am_--------- r------ 0.0 r T 'jj I r�rY�ananutt •>�uw T Vert - .�.7tiut-k1� 1 I - - - - - --Mir�-- 1 ii - r v� ar- 0.0 T T Tran JPnuvY�"ri a Jiro VOVVIV tat,1: wit .�y_t.__ r ._ - 1 --_n-7- -N- - -- -- � 0.0 �u-r�rrrraa� t T + I j;--- -:-------71 -{-- +- _.+ .. --------- ----- --- 1 -T --}-� -0.2 0.0 0.2 0.4 0.6 0.8 1.0 Time Scale:0.10 sec/div Amplitude Scale: Geo: 0.01000 in/s/div Mic:0.00050 psi(L)/div Trigger= 0- - - Printed:October 7,2003(V 4.02-4.02) Format Copyrighted 1996.1999 'CV. rY"Y,/ 11301a3 9 1. cii��' /� 1-; � r ETVERT, lJ" � tfie1T N c iv NOV 17 2003 JEFFERSON COUNTY BOARD OF COMMISSIp�fiyz 2v Ala e�A�z-r 7o222 le1ec.votD ! a QL bvce2 v tee -Tito S 1,,ee e,.a r Reu i r lb) u1 jh-T rw - u e r Goa-e ( eow Tr-kr 4c.34—calf Oce -this ?wile d• e.vaie acxh c 2� rvvitt X.)vria-7; Cry 3_ ee a,` " ! (2.ueto SCEf4L2-1.533' (R. fa; Or GtAr NS1Os, 7, It)d• ofu • >'' / t 3. /din F,f4eito4-3" gee -77-46- £riresre Q),vegY .444.114 Y r/eDMr r So c-wrif egvvoi ri.r. /Dlr Oo ! LTA4 5�4 1 0)1441 'J (7 . L9-17 jr;:ktif • CJs/1g rE N 10- 11-4) 4,g AP'P1.i t ?1 U,U 0 llDd't~ 7:- LeoittititiMstiftvced3c CO LU. 6 .) 115IW. leeind.ze e-ri-ovT 1705 P rPz.t oATldu1 aldES 66i/ow-rev S3' ) 4,60 5u t-r-ft Ni-" 4r CIK'-7 rL5p visee OIT A tiA.vi ecE Ltc2-+7 1, I p.m, Our t4-1 t•(1 e • ep e. ejn-° (o 3 04 a go d t\L eiZIOUC. DeS ei5 /b4 doPu eve-T(0A) 144,0s, Lc bf'ztJcM t rGi- l e l Nff s JUJ(?S PAS S t ew-Vo cU ' 6704e4 (K=7 - 41oi� f �c -rite HcN1144 .teitipivipteivriUltA, Nor A pa die. b1/4040,114.5 /4E5 EA ug t No94 eAaQ 13 -020.4 (fern?, G,tl•Loco 7 s / rz.O/YLf fv i try S , cr r ©/c Osti,vsz 76 7 J2pehrieivr T, topeArr r ija y 51 ocevrt f s U 0.1 eCtiVvirakda.64.40 }_ r 8/20/03 to: Jefferson County, department of community development Subject: Penny Creek Quarry, MLR amendment request We request the department of community development will reject this application. We have lived at our present location since 1978. At that time the Penny Creek Quarry was a mom and pop operation. With the major highway 101 slide the operation changed substantially. We did not express any objections to the expansion of hours, days, and facilities because we felt it was an emergency. The change from a mom and pop operation to commercial has greatly increased the noise level we feel that it has greatly reduced our property value. It is like farm next to yours that runs four cows is turned into a full feed lot were the noise and smell is evident one mile away or your small grocery store is turned into a wal-mart. Although we have no objections to a small quarry operation we feel that the proposed change for the benefit of one land owner and to the detriment of all the nearby land owners with no benefit to the community is unconscionable. We hope the board realizes that the application was generated at great expense to shed positive light toward approval. There are many errors and omissions. To mention just a few, exhibit E page 3, pp 3,"noise has not been mentioned by neighbors"is simply not true. Page 5, "mining has been approved and ongoing on adjacent property". {where} page 15, pp 2, "County notification procedures for surrounding property owners will be followed prior to any scheduled blast". Per your Mr. Josh Peters there are no county notification procedures. Also there are some questions we have about the DCD staff report. Page 2-15 Designation procedures, pp c, "the subject property is surrounded by parcels no smaller than five [5] acres in size on 100%of its perimeter". It is my understanding that parcels of land separated by a road or highway are considered adjacent and if this is true there are several parcels smaller than five [5] acres east of 702224011 and 702224012. Therefore the application does not meet your criteria for rezoning. Table 4 -3 "compatible with nearby areas" Is not compatible because of adjacent property. [see above] "impact of noise"We have measured 80/90 dB peek at our house caused by track squeal. "impact of blasting"the last blast was so strong that my wife thought we had an earthquake and it knocked the pictures out of alignment. "surface & ground water impacts"As mining continues it will be virtually impossible to contain the runoff. "impact of blasting" does not cover neighbors concerns ie: noise and shake. "biological impact" Does not cover the species in the area that would be most effected by mining, beaver, otter, Canadian lynx. We hope you will seriously consider the nearby land owners concerns before you make your decision. Thank you Ron&Rose Ann Nowak Ogy i ~ j E G, vE II Vii ffi I ( ,,,, r-- ri I! !I 1 : 6! .s NOV 24 Jr FF RCC N COUNTY ., f C k w, ITY)E''FI.OPMF`''' 064\ eD it\‘‘,....\, n m o m \O m,y z � x z\ i i 1,..',,,,V „< ,:y. z ' J .!I �N \ °o m \ 4 ` . may 0 X 73 0 • — C '� z a : -) \ .\ 0 � N Z 71 m xl m 0r ; x m g i 1 13 11 a p 0 \, z Ps CI\ 4 % cft 1 , Pa F ._--v. 0 Z --kw - © 00000000 fi ' w a -4 Ao M a 0 a c Z a \T 9° cp m 3 r K a a .1 ° � �k m ° m 03 r« m c a ~ a r- K �, K m co v, .a ca gl m m R.-k o s � � 3 o O °' c ft) NOV 24 2003 ! JEFFERSON COUNTY DEPT OF COMMUNITY DEVELOPMFN'T November 20,2003 Dear Commissioners, I have lived on Pete Beck Road since 1977.My Property is behind and at the northern end of Penny Creek Quarry. About a1/4 mile.The quarry's operations do not bother me.When Handly and Phillips Logging was running there was also lots of activity;traffic and noise from all the equipment. The quarry is the same thing. It gives jobs to a community that needs them. Yours trul Apr _ John Randle Quilcene;WA „, November 20, 2003 ;` E 1 NOV 24 2003 H I JEFFERSON COUNTY DEPT. OF COMMUNITY DEVELOPMENT To County Commissioners We have lived here since the quarry opened. We can hear the quarry's operation at times. The sound we hear is not loud or offensive and does not detract from our ability to use and enjoy our property. I spend a lot of time outside in my yard and the highway noise is much louder than the quarry's operation. The quarry provides a few jobs in the depressed Quilcene economy. My husband and I have purchased rock products from the quarry in the°pastand°feel fortunate to have such an important commodity available locally and we will definitely buy from the quarry in the future. Sincerely, Kelly and Rely H. ly 4/C1D-” 0, a� r�P t NOV 1 ii 2 4 2003 i t JEFFERSON COUNTY DEPT. OF OCcofoUNITY f.DEVEL.OPMENT ; November 21, 2003 Dear Commissioners: I have lived near Penny Creek Quarry for many years (about 1000 feet). The quarry's operation s don't affect me negatively. I hear noises from time to time but can't even say they are from the quarry. There are other folks working with machinery around here too (sawmills and tree farms etc.) I did hear some whistles and toots when all the logging was going on. I think you should approve the permit for the quarry. They are providing jobs. Sincerely, ,, 6,,t....1.,t.,,,e..,' -' , Billie Ackerman r'm ; C‘ 1 ri l' \r-‘ tt r 21, 2003 +`�" NOV 2 4 2003 Novembe � � _______I 1 i i _______I JEFFERSON COUNTY nF fiT Pr (,tao,r!In!I iY DEVFLdi'Mr To Whom It May Concern, This letter is in reference to the Penny Creek Quarry and its affect on us. My name is Angie Hughes. My husband is Mike Hughes. We live approximately 1/8' of a mile from the quarry. My husband and I have lived at this address for 5 months. We had lived here for about 2 months before we learned of the complaints others had about the quarry. To be honest, I could not understand what their complaints were founded on. We live very close to the quarry and have never been bothered by its presence. Unless we are listening for it specifically, we cannot hear the quarry at work. Vehicles on the highway above us are much more noticeable than the quarry. We are not affected by dust or noise pollution in any way. The only affect the quarry has on us is a positive one. In that, it provides jobs for the residents of Quilcene. Many people, who were once employed by the logging industry, are out of work and cannot provide for their families as they once had. The Penny Creek Quarry provides jobs for our town and taxes for Jefferson County. Our hope is that the Penny Creek Quarry will not only continue to thrive, but will also grow and expand. Sincerely, / //,_/ 417/Z1 C),,,zt iyuc, _i_i_vt c) (,,,,). _ Mike and Angie Hughes 130 Glen Logie Rd. Quilcene, Wa 98376 , --/--- ecat,t , Co.,), 4 ib / 71--- Zi-c1: 477-,p; nvil F– — -- itli _ ' N i2L.A.S., c . d r,ri y),.„..4Ad. i i JEFFE(T:RPTV`'�a 1�,f Q loOK` TY EVELOPMF �i a-) a- 2 -e -t- o-PA L- A. L--t 4 s- may11 � I A 1 , �.,,, ,�,. ,°� tee.. ID - -"t:CdfL) W.CLIVIZtf /epct62_, L-4 .,,,4fre) Goo h_p_.0_4/3 & ,,9c) rz.0 ,iLk. .„\±_,,, t ,. . --f-G 1 re, ._.,2_1t 01. , h(L5 hze., 0 _, ,:e,„..2)Rove-,,,z,,L .y-c -7L-A.z., . -‘ itaite-, •,,:. ..i4e.., de2.1A)),L) .}LeAxi_ ) -- -4-LA---) ,j-tce.v.e. . 0 .0• 7 b 0 IM L : ' 2 . , is, ' ...n.4.,404.,..b..4„j . .-tc-e-i,Lel2-4 a,.v tc‘L. 4 e.o.. , A J,u(2__ e, ,7°tP72, , a > c )1. I- ..eer YU24-t 40 h(S�-gym ) +AZ- iczke-) bitae,4.1 �,.ta`"`J- --�-`Q__ --t.,e,c.L-P(5 el,,t,',)tt- , . !lor62.1,c. +:),),L..., L4) _ /0/ ,i,_,,a . Q,46:).(.k U ul---A -/--Ax.„ a_-/2.} tat)-ez _ ,, ,:(,), k .,Lt citQt. A ' -74-e- d ' , /_ I 4 j4) Clie-t))'L) iii-A '4°L) d e , 1 c.k.)— rLc.2- * -- - 0 I - - 42 */‘-(IS •J -v C YL/Q,P,J `rtlde mow 7 .(OC C C- - <- ,_.e,c)--A-e-kL, u+ f i C6 P- 12- at;4-46 : --/')/A/t..t-t\ bi-tt,4 -4..Q--- `-41cA.Laid-j-, 4 st.1'. ' • _ ;_. f ____77_17 ,_____ . - ___ - __ -1-1-‘r . aL6A-0-(71a) ,..O.Pt/ ,u-a) /1<i7L0e,6 ,e,t)4,-J --H cul.12. RO-( ,:-L.T, lc d 0 --/-1/u2_ 1 6,-L o t tv-17 - d .-( y■ '.2A -t-k-c ,- J - _ , _ . . 8p' � eh tlip - 8 � � � . � VO o 0 - 0 ° 6 a ei: * O co O 8 Pi.VI -0 g & i r,. 14' N 0 ,... 0 5 CD 0 Q to • c� ovAo ¢ a4 otiP CD 0 i: dg °, 0 g Cr y ' �' o iflp1 --� Q m = 0 Tm "‹ 5 CD IT-7i. -. -A. 1 c CI .,_/z 0 AUG-26-2003 11:45 BLACK LOWE GRAHAM 2063813301 P.01 BLACKL OWE 8L GrAHAMPLLG 816 Second ae,Washington 98104 Intellectual Property Attorneys 206381.3300 F;206.387.3301 G L G hhcklaw.00m th, te, FACSIMILE COVER SHEET %Ots, FAX To: Josh D.Peters,Associate Planner t Jo fsv t�es FFACSNo: 360.379.4451 t,SUB3ECT: PHILLLIPS/MAKI MINERAL RESOURCE LANDS OVERLAY Vii'\2-*/ "-d�3 I FROM Mark S.Beaufait,Esq. DATE: August 26,2003 OUR REFERENCE; PHIL-5-1000 MESSAGE Please see attached letter. The contents of this facsimile are privileged and confidential and intended only for the named recipient. If you received this facsimile in error,please notify us immediately by telephone and either destroy this copy or return it to us by mail. This facsimile is 6 pages in length,including the cover sheet.Please call 206.381.3300 immediately if any pages need to be retransmitted. Et . AU! 2003 ta4.1e-c\-,1 c1, i .._ JEFF 'SON COU 1 DOD V-RAD JEFFERSON COUNTY DOD how TrverNankt C 13 Ta,iokq Trwrrfrr Litigwito AUG-26-2003 11 45 BLACK LOWE GRAHAM 2063813301 P.M BLACK LONV �' Q7- PLLC 816 SecondA.�eaue l.el i. 11 W L L.7�„ Seattle,Washington 98104 ' Intellectual Property Attorneys Z06.3di.3300•F:206.381.3301 L G biacklaw.com August 26,2003 Via Facsimile 360.379.4451 and U.S.Mail Jefferson County Department of Community Development Mark S.Beaufait,Esq. Attn: Josh D.Peters, Associate Planner Direct Dial:206.464.1380 621 Ceratin Street runail:beautait@blacldaw.com Port Townsend, WA 98368 Re: Comprehensive Plan Amendment MLA 03-231 Phillips/Mald Mineral Resource Lands Overlay Penny Creek Quarry Dear County Commissioners,Planning Commissioners,Mr. Josh Peters and Mr.Al Scalf Our office represents Marilee, Gary, and Kelly Phillips, and Richard R. and Kristan Maki in connection with the establishment of a mineral resource overlay district for parcels in the vicinity of the Penny Creek Quarry in Quilcene. Skip Urling, of Ecological Land Services, Inc., should continue to be the primary contact for the Phillips and the Maids for this project,but we request copies of all further correspondence in connection with this proposed Amendment. • This letter is written in response to the letter from Claudia M. Newman, Esq.,representing Mike Whitaker,in connection with this matter. The Department of Community Development received Ms. Newman's letter on August 20, but a copy was not available for Mr. Urling and the Phillips and the Maids until August 22, 2003, This rebuttal letter is submitted for consideration, as appropriate,by the Planning Commissioners,the Jefferson Board of County Commissioners, and County planning staff. A. Background The Phillips/Maki request to expand a mineral resource land overlay district at the Penny Creek Quarry is consistent with the designation criteria of the Uniform Development Code (UDC). The SEPA procedures being followed by the County are proper, as outlined below. The Penny Creek Quarry will continue at its current level of operations. It is an important asset for Jefferson County. Designation of these parcels as a mineral resource lands overlay is consistent with the grandfathered status of the two current quarries within the proposed district. This approval will bring to bear additional regulatory controls for these properties, for the benefit of the County, and the adjoining landowners. It also must be remembered that several other nearby landowners,immediate neighbors of Mr. Whitaker,have submitted written testimony that the Penny Creek Quarry has not impacted them. , Anew Trask-mark Copyrtha redmoloyTnnufr AUG-26-2003 11:45 BLACK LODE GRAHAM 2063813301 P.03 Jefferson County Department of Community Development August 26,2003 Page 2 A mineral resource lands overlay for these parcels indeed meets the criteria for the overlay designation. Further, the specific SEPA requirements applicable to this non-project proposal have been met by the SEPA documentations adopted and supplemented by the County. Ms. Newman's letter does not submit evidence to the contrary. B. Designation as Mineral Resource Lauds District. The property meets the designation criteria of the Uniform Development Code (UDC) for mineral resource lands development. The proposed resource designation borders on U.S. Highway 101;its perimeter does not border the parcels across Highway 101. Highway 101 has a substantially higher noise load than the Penny Creek Quarry, as evidenced by the noise level monitoring data submitted by Mr. Phillips at the Planning Commission's August 20 public hearing. Title to the right-of-way is affirmatively government owned. On the Highway 101 side of the Penny Creek Quarry area,the parcels adjoining Highway 101 are not portions of the actual mine or quarry,but are weighing and stock piling areas. The site has been verified as having a known extractable resource in commercial quantities. Ms. Newman confuses ore type or'quality'and deposit qualities. The fact that basalt from the Penny Creek Quarry, as most quarries in the area produces a softer rock product or gravel than other quarries does not mean that this is a 'low grade deposit'. It is a commercial deposit of softer material, which also has important uses, such as maintenance of county roads. The rock face visible at the ongoing operations at the Penny Creek Quarry,various outcroppings on the subject property and rock visible at the former county quarry confirm there are commercially extractable quantities. This stands in addition to the geologist's report, which is unchallenged by any substantive evidence from Ms.Newman. The proposed mineral resource lands area is not within a regulated wetland or fish and wildlife habitat area. The approximate location extent of critical fish and wildlife habitat areas are displayed in the Washington Department of Fish and Wildlife Priority Habitat and Species Program database. The area along the highway is not habitat for the spotted owl, marbled murrelet, or bald eagles. Department of Fish and Wildlife has been consulted, and has no objections regarding the designation in this area. The proposed overlay area does not include wetlands. Ms. Newman presents no information as to wetland plants, hydric soils,drainage patterns, or wetlands analysis documenting wetlands on the site. A review of the National Wetland Inventory map (Mt Walker quadrangle)prepared by the U.S. Fish and Wildlife Service, a primary indicator of potential wetland presence, shows no wetlands on site. In fact,Ms.Newman's letter"do[es] not contend one way or the other that the pictures actually show wetlands on the site". The site does not contain wetlands, and Ms. Newman,on behalf of Mr.Whitaker,has submitted no substantive evidence to the contrary. AUG-26-2003 11:45 BLACK LOWE GRAHAM 2063813301 P.04, . Jefferson County Department of Community Development August 26,2003 Page 3 C. SEPA Review SEPA review for this project is complete and complies with applicable regulations, The County has disclosed and reviewed the environmental impacts of the proposal. WAC 197-11-055(2). WAC 197-11-442(2) requires consideration of alternative means of obtaining the objective. In connection with this proposal, for this site, the alternatives include adoption of the mineral resource lands overlay, applicable conditions, and/or continuation of the existing grandfathered uses. At this level of review, sufficient alternative means of obtaining the objective have been considered. The SEPA Responsible Official has made a proper determination that there is not a reasonable likelihood of a significant impact on environmental quality from this proposal, subject of course to further project review. There is no evidence submitted that there has been any violation of the applicable noise regulations by the existing operations, nor any substantive evidence that continuing the operations at the same level will result in such violations, The Phillips have submitted noise level monitoring data, and are in compliance with the applicable noise regulations. We note that testimony was submitted at the hearing that a property owner south of the Quilcene River made allegations that he recorded noise levels in excess of the state standards, but he presented no evidence of the equipment he used to measure the noise, no evidence that he calibrated the equipment, and no information that indicated the noise he allegedly measured in fact originated at the Penny Creek Quarry. Similarly, other written testimony (Marge Arnold) submitted referenced an "unofficial noise meter" in her back yard. Again, contrary to the appropriate systematic approach consistent with instrument directions followed by Mr. Phillips, there was evidence of calibration or identification of noise sources presented in that letter. The area is not incompatible with ongoing mining. The current development across Hwy. 101 occurred after the rock and gravel quarries were in operation. These new parcels were developed and were constructed next to an even greater noise and disturbance source, Hwy. 101. The neighbors are not subject to unmitigated noise, dust, blasting, vibrations, etc. The SEPA documents explored these impacts. Under the applicable mine safety regulations, noise regulations, and the UDC itself; the use of this area for limited mining is not incompatible with other uses in the vicinity. The current and ongoing mining uses at the site do not affect the area groundwater. The grandfathered operations currently have a licensed stormwater treatment pond. Further, all mining activities to date and planned for the future are or will be at the elevation of Penny Creek Road or higher. No significant groundwater withdrawals are involved in the operation. No contaminants are introduced to the site. All surface water is managed through the licensed storm treatment pond. Current operations are not affecting area groundwater. There has been no evidence presented of any ground water impacts of the current operation. Operations in the newly designated area will require a full review including potential groundwater impacts, through the required reclamation plan. Granting the mineral resource lands overlay will result in AUG-26-2003 11.46 BLACK LOWE GRAHAM 2063813301 P.05 Jefferson County Department of Community Development August 26,2003 Page 4 • an increased groundwater scrutiny of the operation, even as there is no evidence of current impacts. As addressed above, the project does not affect streams, wetlands, or fish and wildlife habitat. All of these potential factors have been identified and addressed by their absence being noted in the record. Ms.Newman's information contains no substantive evidence to the contrary. Application of the current UDC regulations to the existing operations (subject to an amendatory clarification regarding truck loading commencing at 6:30 a.m on weekdays, and 8:00 a.m_ to 12:00 a.m. on Saturdays) is indeed a major mitigating factor affecting impacts of the mineral resource lands designation. Further, the application of the UDC performance standards and best management practices indeed mitigates the impacts of mining. This will also be further confirmed in project permitting, The County properly identified the specific possible and environmental impacts, identified the regulations applicable, and found them to address these potential impacts. C. Blasting Gary and Mary Phillips have requested a specific response be made to comments concerning blasting at the Penny Creek Quarry. Suggestions were made at the August 20 Planning Commission Hearing of improper blasting procedures or possible blasting damage. Blasting is extremely heavily regulated, and any violations or damage resulting from blasting are serious business. As a result of previously expressed concerns from the neighbors, including Mr. Whitaker, the Mine Safety and Health Administration conducted a review of the Penny Creek Quarry operations this last spring. Penny Creek Quarry was found to be in compliance. There has been no damage caused by Penny Creek's operations. Additional information on the Mine Safety and Health Administration's review of the Penny Creek Quarry can be obtained from their offices. The P ,illips can make arrangements to provide further-information from MSHA if appropriate. The Phillips have provided those in the vicinity the courtesy, which is not required, of telephoning prior to blasting. The Phillips are committed to being good neighbors, and to strict compliance with all blasting regulations. D. Conclusion A mineral resource overlay district for the Penny Creek Quarry parcels is indeed consistent with the UDC, and is appropriate for this area. The Phillips do not propose increasing the intensity of their operation,but simply continuing it into adjoining areas within the district,between the two existing quarries. In fact, current reclamation rules require that mining, and reclamation, be conducted in a progressive and sequential manner,rather than area wide. The identified impacts are not legally significant, and are subject to further mitigation through the controls that will be applicable to any projects permitted in the district. AUG-26-2003 11:46 BLACK LOWE GRAHAM 2063813301 P.06 `■ Jefferson County Department of Community Development August 26, 2003 Page 5 The Phillips and Maids respectfully request the Planning Commission recommend adoption of MLA 03-231, with the proposed clarification. The Phillips and the Maids similarly request that the Board of County Commissioners approve this change to the County's UDC. On behalf of the Phillips and the Makis we appreciate your consideration of these matters. Very truly yours, BLACK LOWE&G reiPLL.0 1Mt4C5frzfr Mark S.Beaufai cc: Penny Creek Quarry Mr. Skip UrlingfEcological Land Services,Inc. TOTAL P.06 I ' FROM :'PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:03AM P1 FAX Penny Creek Quarry 450 Penny Creek Road Quilcene WA 98376 360 765 - 3413 Phone 360 765 - 3391 Fax Number of pages (including cover sheet): 11 Date: 09-03-03 To: Al Scab RE: Penny Creek Quarry - material quality From: Gary MESSAGE: Test reports (refer to handwritten page #upper right corner) -- 1; ! 'r t SEP - 3 2003 • EOM E 138 FROM :' PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:03AM P2 1, Penny Creek Quarry current D.O.T. lab report.. Material was tested and used on Jefferson County irondale improvement project both quarry spalls and rip rap were used. D.U.T. specifications are a 15 degradation minimum;however, 3 local quarries were tested and Penny Creek Quarry was the highest with a degradation of 10. See next two test reports for Mats Mats and Shine quarries. 2. Mats Mats Quarry's current test report 3. Shine Quarry's current test report. 4. Penny Creek Quarry test data of two different areas of the quarry. 5. Penny Creek Quarry test data recent test of Western face. 6. WSDOT test for Dosewallips Bridge Replacement. Quarry spalls and rip rap furnished . • 7. WSDOT test for Hood Canal Slide Repair,rip rap and gabion rock furnished. 8. Penny Creek Quarry test data for D.O.T. contract held by Bruch and Bruch • Construction on Old Olympic Highway,Clallam County. • 9. Penny Creek Quarry test data for U_S_Forest Service and Army Corp. of • Engineers. Rock was used on various U.S.Forest Service and U.S. Fish and • Wildlife projects. Federal specifications require a minimum of 52 for durability. • • • ,• [5) r � �x 1 1.1 IL'd SEP -33 P6 • • • • OIE "` FROM :'PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:04AM P3 Aggregate Source Approval Report Page tvfl f. Aft, WI wasfunwaloo state W S DOT MATERIALS LAB B 09/03/2003 pepartmam of TrAnspa►tatio„ Aggregate Source Approval Report Owner: Penny Creek Quarry Aggregate Source: QS-Y-168 Known as: Penny Creek Quarry keasee: Located In: NW1/4 SE1/4 Section 22 T27N R2W County: Jefferson Remarks: Mineral Aggregate uses and Quarry Spalls/Rip Rap approved on a job-by-job basis. Contact Regional Materials Engineer prior to use. DYW 9/02/99 ^� • Pit Run Materials: Prior to incorporating any of the following into a job,Gradation and Sand Equivalent tests shall be performed to determine if the • material does in fact meet specification for the intended use: Bedding Material for rnerrnoptestic Pipe Backfill for Rock Wall Backbit for Sand Drains Bedding Material for Rigid Pipe Blending Sand Foundation Material for Classes A B or C • • Gravel Social for Foundation Class B Gravel Backfill for Walls Gravel Backfill for Pipe Zone Bedding • • Gravel Backfill for Drains and Drywells Gravel Borrow Sand Drainage Blanket Select or Common Borrow No Preliminary Tests are required to be performed by the E&EPD Materials Labw.., r,..., ,.. ...... Gravel O : Test Date: Expiration Date: Drainage: R value: Swell Pressure: • Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source GRAVEL BASE • Test Date: 06/21/2002 Expiration Date: i Absorptionn:: 2.4 Mineral and Surfacing: Test Sp.G: 2.782 Deg: 10 LA: 2.4 21 Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source Of MINERAL AGG.and SURFACING • • Portland Cement Concrete Appregateee Test Date: Expiratbn Date: FCA ASR- 14 Day : ASR-One Year: CCA Absorption: CCA Sp.G: Absorption: FCA Organics: FCA Sp.G: LA: Mortar Strength: Petrographic Analysis: Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of AGGRI GATT 5 for PCC Rtprap and Quarry Spallis' Test Date: 06/21/2002 Expiration Date: Absorption: 2.4 Bulk Sp.G: 2.7$2 Deg: 10 LA: 21 Submmit PRELIMINARY SAMPLES for evaluation and approval Prior to using this site as a source of RIPRAP acrd QUARRY SPAIJ$ Distribution: Physical Testing_,,.,..,-...w.,..�....Project Engineer_ Region Operatic -R flatri 't- -r a Aggregate Source Approval System i .!`( ""` 1``14'1 SEP — 3 2003 IL 4 i i j E httrl/www_wsdot.wa_gov/biz/mats/ASA/ASAReport,cfre prefix=''&pit rlo=l6$ 9/3/2003 • Eat - FROM :° PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:04AM P4 Aggregate Source Approval Report Page 1 of 1 �, waahiirrglorrst�icr WSDOT MATERIALS LAB 09/03/2003 `=-� 7.�,� Department+pf Traesspart�tiort Aggregate Source Approval Report Owner: Northwest Aggregates(Giader Northwest) Aggregate Source: QS-Y-44 Lessee: Known as: Mats Mats Quarry Located In: SE 1/4 Section 33 T29N R1E County: Jefferson Remarks: Due to the variability of the aggregate quality in this source, material may be approved on a project-by-project basis, ONLY. Contact the Regional Materials Engineer prior to use, Pit Run Materials: Prior to Incorporating any of the following into a job,Gradation and Sand Equivalent tests shall be performed to determine If the material does in fact meet specification for the intended use: B cktlll for Rock Wall Backfill for Sand Drains Bedding Material for Thermoplastic Pipe Bedding Material for Rigid Pipe Blending Sand Foundation Materal for Classes A,B or G Gavel Backfill for Foundation Gass B Gravel Backfill for Walls Gravel Gavial for Pipe Zone Bedding Gravel Backfill for brains and Drywells Gravel Borrow Sand Drainage Blanket Select or Common Borrow No Preliminary Tests are required to be performed by the EBEPD Materials Lab w.,* .... - „.•■..,,..............-*,.....-....-.,.-,..»- -�...,.,..-..,....«.. Gravel Base: Test Date: Expiration Date: Drainage: R Value: Swell Pressure: Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of GRAVEL BASE Mineral Agg.and Surfacing: Test Date: 03/25/2003 Expiration Date: Buik Sp. G: 2.789 beg: S LA: 19 Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of MINERAL AGG.and SURFACING Portland Cement Concrete Aggregates: Test Date: Expiration Date: ASR- 14 Day : ASR-One Year: CCA Absorption: CCA Sp.G: FCA Absorption: FCA Organics: FCA Sp.G: LA: Mortar Strength: Petrographic Analysis: Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of AGGREGATES for ACC Riprap and Quarry SpaNsr Test Date: 03/25/2003 Expiration Date: Bulk Sp.G: 2.789 Deg: 5 LA: 19 Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of RIPRAP and QUARRY SPALLS Distribution: Physical Testing,,,,- Project Engineer ..Region Operations Region Materials_ Aggregate Source Approval sYetern �rr _ R E 1� fc r ig --- 1 , E [ €r I " 1 SEP — 3 X03 1�. ,i f http://ww w.wsdot.wa,gov/bizlmats/ASA/ASAReport_cfln?prefix—Y&plttno rp� "`�'"` 5/' 03M~- , it E q18 FROM :' PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:05AM P5 Aggregate Source Approval Report Page 1 of 1 0 IVI' Niatshinmr7glen d Sof tIrc an at' WSDOT MATERIALS LAB 09/03/2003 Dlpartspaatoe Aggregate Source Approval Report Aggregate Source: Q$-Y- Owncr. 164 Leasee: Known as: Shine Quarry Located in: E1/2NE1/4SE1/4 Sect.30&W1/2NW1/4SW1/4 Sect.29 Section County: Jefferson 30,29,T28N RIE Remarks; Due to the variability of the quality of material at this aggregate source, it can be approved ONLY on a project-by-project basis, Contact the Olympic Region Materials Engineer prior to using this source, _ __ ___.-.- ,� ., ., _ . , Pit Run Materials: Prior to Incorporating any of the following into a job,Gradation and Sand Equivalent tests shall be performed to determine If the material does In fact meet specification for the intended use Backlit(for Rock Wail Backfill for Sand Drains Bedding Material for Thermoplastic Pipe Bedding Material for Rigid Pipe Blending Sand Foundation Material for Classes A.B or C Gravel Backfill for Foundation Class B Gravel Backfill for Wells Gravel Backfill for Pipe Zone Bedding Gravel Backfill for Drains and Drywelle Gravel Borrow Sand Drainage Blanket Select or Common Borrow No Preliminary Tests are required to be performed by the E&EPD Materials Lab Gravel Base: Test Date: Expiration Date: Drainage: R Value: Swell Pressure: Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a Source of GRAVEL BASE Mineral Agg.and Surfacing; Test Date:08/21/2002 Expiration Date: Absorption: 3.72 Bulk Sp_G: 2.723 Deg: 2 LA: 24 Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of MINERAL AGG.and SURFACING Portland Cement Concrete Aggregates: Test Date: Expiration Date; ASR- 14 Day : ASR-One Year: CCA Absorption: CCA Sp.G: FCA Absorption: FCA Organics: FCA Sp.G: LA: Mortar Strength: Petrographic Analysis: Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of AGGREGATES for PCC Moran and Quarry Spoils: Test Date: 08/21/2002 Expiration Date: Absorption: 3.72 Bulk Sp. G: 2.721 Deg: 2 LA: 24 Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this site as a source of RIPRAP and QUARRY SPALLS Distribution: Physical Testing Project Engineer Region Operations_._,ROVIPtywirffa, ' Aggregate Source Approval System rg^' __,___ 1 t ' I SEP - 3 1003 ' ._' http://www.wsdotwa.gov/biz/mats/ASA/ASAReport.cfm?prefix=Y&pit_no4164 ''----,;,--77;--, --r911/2003 � n FROM :` PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:05AM P6 Jan 21 03 04: 02p General Testing 380 X72 4320 p. 1 GENERAL TESTING LABORATORIES, INC. 18970 Third Avenue NE P.O. Box 1586 Poulsbo, Washington 98376 (360) 779-9196 Toll Free(888) 898-8378 Fax (360) 779-4320 January 21,2003 General Testing's Project Number. B 8786 Penny Creek Quarry 450 Penny Creek Road Quilcene, WA 98376 RE: Laboratory Testing Results Dear Mr.Phillips: • This letter presents the laboratory test results on a sample of material, which was delivered to our laboratory by your representative on May 1, 2002. Sample identification and data follow Laboratory ID Number; 03-01-5584 Material Type: Quarry rock Sampled by: Client Test Procedures: Degradation-• WSDOT 113 Results Degradation: Trial No. 1 32 Trial No, 2 29 Average: 31 • • Should you have any questions,or if we may be of additional service to you. please do not hesitate to contact our office at 360-779-9196 or toll free at 888-898-8378. • Sincerely, General Tes 1' Labo stories,Inc. Pr , 1°.) //' ephen Blaney /+.{aboratory Manager S B/bc • • h ); t� 1'" tom r 7 a• f l u CC j, SEP — 3 1003 oirrlitl As'sura ce f ar Norgovvil C oustrrotiat • f i .f FIRM :' PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:06AM P7 , GENERAL TESTING LABORATORIES, INC.. 18970 Third Avenue NE P.O. Box 1586 Poulsbo, Washington 98370 (360) 779-9196 Toll Free (888) 898-8378 Fax (360) 779-4320 February 5,2003 General Testing's Project Number: B 8786 Penny Creek Quarry 450 Penny Creek Road Quilcene,WA 98376 RE: Laboratory Testing Results Dear Mr.Phillips: . - ... _ _..-. This letter presents the laboratory test results on a sample of material,which was delivered to our laboratory by your representative on January 10,2003. Sample identification and data follow: Laboratory ID Number: 03-02-5884 Material Type: Quarry rock Sampled by: Client Test Procedures: Degradation—WSDOT TM 113 Apparent Specific Gravity—AASHTO T-85 Absorption—AASHTO T-85 LA Wear—AASHTO T 96 Results Degradation: 31 Apparent Specific Gravity: 2.94 Bulk Specific Gravity: 2.88 Bulk Specific Gravity SSD: 2.90 Absorption: 0.7 LA Wear: 16%Loss Should you have any questions,or if we may be of additional service to you,please do not hesitate to contact our office at 360-779-9196 or toll free at 888-898-8378. Sincerely, General Testing Laboratories,Inc. nn Stephen Blaney l E IE R? Laboratory Manager D SB/be r� 14 SEP - 3 2003 .IEF EPSON COUNTY DEPT, r~1 C( l wIT ,CE,^ !..OPMEN1 Quality Assurance for Northwest Construction UyI `� 1 FROM :' PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:06AM P8 APR-24-203' TUE 12:37 PM USDO-. ABERDEEN PEO Fak NO. 36J5339449 P. 01 W� gton State Department of Transportation . /� Materials Laboratory-Olympia Servico Center '.`- (`.i�p/) 1685 South 2nd Ava,Tumwater,WA.98512,P 0 Sox 47365,Olympia,WA 0'8504-7365 , Preliminary Aggregate Test Report Date Received: 05/205/29,11999 Contract No: 005565 18A9 Lab Id Na: QOQppfi67'14 State Routs Na: 101 Transmittal Na:County: JEFFERSON Project Title: DOSEWALLWPS RIVER BRIDGE REPLACEMENT Sid Item No: 15.01 Contractor: Org.Code:434310 Local Agency No: Federal Aid Not Lab Not P-04522 Material: Mires). guarty Swills, Rook lAles Pit No PENNY CRI< \I- I to P Se Bid Kern No: 15.01 NW 1/4 .1,14 of Scotian: 0 Township: 27N Range: R2 W W M Meridian Coarse Aggregate Tests • } ..._ 1sHZ0 Tar Bulk Specific 4ravity(SSD) 2.8441 Bulk Specific Gravity 2.775 I • Apparent Specific i3ravity 2.952' Abaorbtion(%) 2.51 J • r LA Abrasion Ted -._.--1 • AASHTO T96 ' I Abrasion Type Round 1 LA Value 151 LA Class . A I Degradation Test WSDOT teat Method T113 - . Degradation 12 i _ ... _. — Post-ie"°Fax Note 7671 Date ) _ r EMI coJ e Mill co. WHINIMINNIIIKUNIEROOM Dlstrlbutian: Results: Ir►formetit1ral • X Materials File X .Regional Administrator(43) Project Engineer: I f'w " ill, ' r 6 ' ,..._..d_..,..__1 �,... r..: E r i X(2) John Mart i }1 \I� • • Thomas E. Baker, P,E ) 1 H; • Int cedes State Materials Engineer l(i SEP - 3 , I 1 T42G-1 T44H•1 David M.Jonas.P.E. i By: ...� - T43A-1 T44G1- 1 Phone: (380)709-5448 O to -08J09119 59;- F .. T43D 1 f(" T. f F t ^ r p r:'I?•'' 1 • a&AA • FROM :' PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:07AM P9 :11i' C. cL,J1 LUa_ l��Ua r,l lZUU. hb;,K1J .l;N1 fhi.) !'4k NU. 36T'+33944g P. 01 FOSSC MATERIALS LAB Aggregate Source Approval Report 4124/2001 Ov i er: Phillips,Gary Aggregate Source.: Q -Y-16S Leaser; Known as: Penny Creek Quarry Located ire NW 1/4 SEi/4 Section 22,T27N,R2W County: Jefferson ..-- sparks: M9/11ineral Aggregate uses and Quarry Snails/Rip Rap approved on p job-by-job basis, Contad Ragionat Matrr ris Engineer prior to use. DYW Pit Run Materials: Prior to incorporating any of the following into a job,Gradation and Sand Equivalent tests aliali be performed to determine if the material does in fact meet Specification for the intended use:Blending Sand;Gravel Backfiil for foundation Class B,Walls,Pipe Zone Bedding,Drains and Drrwells;Backflll fbr Sand Drains;Backfiil for Rock Wall;Sand Lhainage Blanket;Gravel,Select Or Common Barrow;Bedding Material for RiMtd orThermoplastic Pipe;Foundation Material for Classes A,B or C.No Preliminary Tests are required to be performed by FOSSC. Gravel Base:Expiration Date: 00/00/0000 R Value: Swell Pressure: Drainage: Submit PRELIMINARY SAMPLES for evaluation and approval prior to using this aim as a source ofGRAVEL BASE. Mineral Agg.and Sart-acing:Expiration Date:08/02/2005 LA; 17 Deg;12 Bulk Sp.G2.831 Submit PRELIMINARY SAMPLES far evaluation and approval prior to using this site or asource of MIN1E'R4L'GG. and SURFACING. • Portland Cement Concrete Aggregates:Expiratiou Date: 0O/00/0000 LA: CCA Sp.0: FCA Sp.0; CCA Absorption- FCA Absorption: FCA Organics: $pawl SteiL%: CyL SteiL% Aggregate Correction Factor: V&A Req.Pay. WRA Req.S . Alkali Silica Reactivity-14 day: One yule: Sub,nir PRELIMINARY SAMPLES fir evaluation and approval prior to using this.Yiteas a source of AGGRFGA1 ES for PCC. • Riprap and Quarry Spells:Expiration Date: 05/02/2001 LA:17 Deg:12 Bulk Sp.G2.83I Absorption:2.74 Submit PRELIild2Nr4RY SAMPLES for evaluation and approval prior to using this site as a source of RIP2 4F and QUA RRYSTALLS. • • • • • •...��_._._ 1 € k Pest-if Fax Note 7871 ' f g 14 i • 2003 Pharr axe Scot -74C- " rxrf n, " • Distribution:Physical Testing Project engineer Region.Operations Region Materials.. __ • Aggregate Boource"(racking 8yetam Version:1.0 Apr 2e.,2001 • • • • • FROM :' PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:07AM P10 GENERAL TESTING LA BORA TORIES, INC: 18970 Third Avenue NF P.O. Box 1.586 Poulsbo, Washington 98370 (360) 779-9196 Toll Free(888) 898-8378 Fax (360) 779-4320 May 22, 2002 General Testing's Project Number:13 8786 Penny Creek Quarry 450 Penny Creek Road Quilcene,WA 98376 RE: DOT Project . Laboratory Testing Results • • Dear 116.Phillips: • This letter presents the laboratory test results on a sample of material,which was delivered to • our laboratory by your representative on May 9,2002. Sample identification and data follow: • Laboratory ID Number: 02-05-5713 Material Type: Quarry rock Contractor. Bruch&Bruch Sampled by: Client • Date Tested: May 16,2002 Test Procedures: Degradation WSDOT-TM 113 Results Degradation 15 Specification: 15 min Should you have any questions,or if we may be of additional service to you please do not • • • . hesitate to contact our office at 360-779-9196 or toll free at 888-898-8378. • • Sincerely, General Testing Laboratories,Inc, Stephen Blaney • SB/be Laboratory Manager ° r AIL i i lf I .4 # SEP - 3 2003 • • • • FROM PENNY CREE QUARRY PHONE NO. : 360 765 3391 Sep. 02 2003 10:08AM P11 GENERAL TESTING L ABORA TORIES, INC, 18970 Third Avenue NE - P.O. Box 1586 Poulsbo, Washington 98370 (360) 779-9196 May 22,2002 General Testing's Project Number: B8786 Laboratory ID Number 97-07-4123 Penny Creek Quarry 450 Penny Creek Road ()MINA!. Quilcene, WA 98376 , Attn: Mr. Gary Phillips RE: Laboratory Test Results Durability, Specific Gravity, and Absorption "" Dear Mr, Phillips: In accordance with your request, General Testing Laboratories, Inc, has performed the following tests on a sample of rock submitted by your firm. • Durability-AAS$TO.T210 Result = 57 Specific Gravity -AASHTO T85 Result Y 2.84 • Absorption - AASHTO 185 Result W .95% In addition to the Durability, the Absorption ratio was determined to be 54. Should you have any questions, please do not hesitate to contact our office at (360) 779-9196 or toll free at (888) 898-8378. Thank you. • Sincerely, GENERAL TESTING LABORATORIES, INC. Gregory W. Smith k#`�� ii E 11 Staff Engineer GWS/kh H' SEP - 3 2003 Quality Assurance for Northwest Construction o ° �_ .�� iI /tea I/ ac o A m m a I/ I 1' ' - —�♦ / ' 11 7 i M\Y, V°11111400/) .\ii c"nlia r- \ -z \\ . IA Z ■)0 Ill • ■ g A 1'4C,'174,;4,, i� r ♦J Z •♦ ♦• ••L. •al ; Cli) Pilli .\'i♦i♦i♦i♦i♦i♦ / in s N ' 12\gilV go 1: pipw ° m-;; m \/7'" ei 4 II I I k,Wft 1: 4\, 0 ii< va 3ARK1 milmairbk N ti ���� Z pj y m 70 3 L. i It ir- rr ■ CI y I 0 z v o xo I .:.. m 1110 •o c o 3 $ c, r�* m m > > 3 n N x f m ci g. m ,T o 3 ,• JOSH PETERS PLANNING COMMISSION INFOR PLANNING DEPARTMENT PLANNING COMNIISSION _ ... _m TRANSMITTAL LIST August 21, 2003 Important Information (For the next meeting) Comment letters/information received re MLA03-231,Phillips/Maki MRL • Email from Mike&Cindy Pollard(received before deadline but after staff left the office on 8/20) • Letter from Gary&Man Phillips w/supporting letters attached(received 8/20) • Noise monitoring charts from Gary Phillips(received 8/20) • Charts re Penny Creek Quarry Decibel Tests(received from Gary Phillips on 8/20) • B&W copy of large color map on the poster board that was submitted by Skip Urling on behalf of the applicants (received on 8/20) [Staff will bring the original large map to the next meeting.] • Letter from Ron and Rose Ann Nowak-opposing(received 8/20) • Letter from M. Arnold,Arnold Geriatric Enterprises-opposing(received via Mike Whitaker on 8/20) • Letter from Paul Weinbach-opposing(received via Mike Whitaker on 8/20) Other Information To Save in Your P.C. Notebooks • Planning Commission By-Laws(adopted 8/6/03) 111( Cheryl Halvorson A, rom: Cindy Pollard [glenlogie @hotmail.com] Sent: Wednesday,August 20,2003 4:11 PM To: #Planning Department Subject: Penny Creek Quarry Expansion Mike & Cindy Pollard 300 Glen Logie Road Quilcene WA 98376 August 20, 2003 Re. : Expansion of Penny Creek Quarry We live on the Glen Logie Road, which is approximately '4 mile north of the Penny Creek Quarry. We do not feel we have had adequate time to review all the documentation related to this expansion, having just received the information two days ago, and believe there should be an extension to the time schedule for public comment. As landowners in the neighboring area-we-were surprised to hear of the proposal by word of mouth, not by an official letter or public notice from Jefferson County. There are several remarks made in the proposal that we would like to comment on. The noise from blasting and the normal day-to-day operations is loud and very disruptive, and we believe neighbors have complained. We have never received notification from anyone when blasting would occur. More study needs to be done regarding this being a critical aquifer recharge area. Will increased mining affect people's water? It is a geologic hazard area. Will increased mining cause landslides that might cause injury to employees? Will slides cause damage to the river habitat? Views won't be affected? Yes, they will. We can see the area from our land and people coming in and going out of Quilcene can see this area. According to DNR the Phillips have never submitted a reclamation plan. Their current operation is not in compliance with the surface mining laws of this state. How has an operation of this magnitude been allowed to continue and not be in compliance? Why hasn't this law been enforced? What are the penalties for not being in compliance? We do not believe this proposal has been researched thoroughly, nor has the public been properly informed. Sincerely, 1 Mike and Cindy Pollard <b>Get MSN 8</b> and enjoy automatic e-mail virus protection. http://join.msn.com/?page=features/virus 2 r (v.,,,,,, , 6, , ,A9,,,,, ,, A,..._ --so, . r‘ . coy.O r ,,r- `‘ Penny ‘)? et-- n, Creek to 450 Penny Creek Road, Quilcene,WA 98376 Quarry Office 360-765-3413 Fax 360-765-3391 August 20,2003 Jefferson County Planning Commission P.O.Box 1220 Port Townsend,WA 98368 Re: Mineral Lands Designation-Penny Creek Quarry Area [Comprehensive Plan Proposed Amendment#MLA03-231 Dear Planning Commission Members: As owners of Penny Creek Quarry we appreciate the County Staff's recommendation of approval for the mineral resource lands designation for the Penny Creek Quarry area in Quilcene Washington. The Penny Creek Quarry provides 7 well paying jobs in the Quilcene area, and is the primary source of rock, crushed rock,and landscape supplies,between Shine and Shelton. Skip Tiding of Ecological Land Services,Inc.will be doing our primary presentation. However,we want to make clear that Penny Creek Quarry requests a small change in the wording of the proposal as recommended for approval by the Jefferson County Department of Community Development. In our existing operations,trucks, including County and State dump trucks, are loaded out at 6:30 in the morning during weekdays. The County and State road crew begin work at 6 a.m.and work 4 days 10 hour each.This gives the work crews a full day of work with materials,which is very important especially during heavy rain events. Other quarries commence loading at 6 or 6:30 a.m. The staff recommendation recommends that when we apply for administrative permits into the re-designated mineral resource lands areas beyond the areas of grandfathered operations, that the grandfathered operations will be subject to the new operations regulations of the[Development Code/Comprehensive Plan]. We have no objection to this except as those regulations might be construed to prohibit the loading of trucks between 6:30 a.m. and 7:00 a.m. on weekdays, and from 8:00 a.m.to noon on Saturdays,at our exigkg sites.We are emphasizing that the 6:30 a.m. to 7 a.m. weekday and the 8 a.m,to noon Saturday will be regulated at the 50 decibel standard per Washington State WAC as adopted by Jefferson County.We include proposed wording to be included hi the mineral resource lands designation proposal that retains this important operational and public need component of our grandfathered operation, and clarifies that the new development rules would not be interpreted to prohibit that truck loading. We thus ask you to recommend the County Board of Commissioners to approve the mineral resource lands designation, with the proposed additional wording, attached, which ensures that this key truck loading time is clearly defined and protected.. We thank you for your efforts on . i of Jefferson County and your thoughtful review of this matter. S' cerel,/ if ici Phillips Mari Phillips -/ QA.. a+ S--ao- ob ee 1R� CiO ?,.bl1� hear-i Penny Creek Quarry Mineral Resource Lands Designation Clarifying Amendment Add to Condition of Approval No. 4 "Due to a continuing public need for truck loading commencing at 6:30 a.m. on weekdays and for limited Saturday loading, grandfathered operations in the pre-existing quarry areas of truck loading from 6:30 a.m. to 7:00 a.m. Monday through Friday, and 8:00 a.m. to 12:00 Noon on Saturday shall remain grandfathered and/or shall not be prohibited. Regulations in the Development Code concerning extraction and reclamation shall not be construed to prohibit such truck loading." Penny Creek Quarry MRL Expansion Supporting Letters _o N Er 6 C9 0 > c C W a y _ c §- -- c E o Y i' 8 Z 2 3 '- Y Y � ? a c o 2gz t - cc m m 2 g = m n z W tt 8. 8 Q4a. ;' do cats I— 1p W m 0 s Led Q o can v � � �° ►°- � 1 1 i o z 8800 © O © ® ® 0 4. z Z \ a a� 111 11 a � u J � I W o a \ u. u. a- \\NNON4s ff o�-�.�.(.. a tg- %,,. . ILI CL W tz 0 t >- ‘ a. \\ \'N u co re a ul \c) :, 1, III I \ C) \ \., I h , Ji August 17,2003 Commissioners and Planning Staff, We live on Dutch Lane near Penny Creek Quarry. We have lived here prior to the quarry's existence. The owners have made an effort to be good neighbors such as calling before they blast. The operational noise is no more intrusive than the highway noise. We have no problem with their proposed project and do not feel it will negatively effect our life. Thank you for considering these comments. David and Brenda DeW'tt August 14,2003 Dear Commissioners, T have Hived on Dutch Lane for many years which is across Highway 101 from Penny Creek Quarry. They provide jobs and tax dollars plus a good product for their customer. They call us before their blasts.Their day to day operations are relatively quiet and do not bother me. Sincerely_ &ten---- skifrs 8/17/03 J.C. Commissioner and Planning Staff 621 Sheridan St. Port Townsend, WA To Whom It May Concern; Please consider these comments in regards to the Penny Creek Quarry Project. I am the daughter of the proponents, I have lived on the south end of the Phillip's property since 1997. My Grandfather, Lee Martin, supplied rock for many projects from this same property. It has been an on-going project that has provided my family with income for years and will hopefully continue to do so. I will tell you that we share the same road and have had no problems, their day to day operations do not affect me or my son negatively. I mostly hear traffic noise from Highway 101. They always tell us when they are going to shoot so it does not startle us. They are good neighbors and are generous to the community. Very Sincerely, LeeAnn Maki 520 Penny Creek Rd Quilcene, WA 98376 August 17,2003 To Whom It May Concern, We(Ron and Lisa Wong)have lived on Penny Creek Road since 1990. Our house is approximately 'A mile from the present"Penny Creek Quarry". We have lived at this address prior to the development of Penny Creek Quarry and many years after its development. The Penny Creek Quarry operations have not had any negative impacts on us. They have always informed us of pending blasting and have maintained the county road routinely. They keep the county road clear of any rocks and dirt. They even put water on the road to keep the dust levels at a minimum. They have been helpful during winter snows,plowing a path so we could get out of our driveways. This was at a time when only the main highways were plowed and no county road had any snow removal. We feel that the expansion of the Penny Creek Quarry into the old county quarry will not have any negative impacts to us. Ron and Lisa Wong August 19,2003 To whom it may concern, I have lived across from Penny Creek Quarry for 6 years. My house is the closest and least buffered property to the quarry,and I have never had a problem with noise from the quarry. The highway noise is much louder than any noise that comes from the quarry. The quarry operations does not affect the use or enjoyment of my property. The quarry provides good jobs for local people and good products for local use. Sincerely, Tom Trent 32 Dutch Lane Quilcene WA 98376 ' MN ' ' .(:. 8/18/03 To Whom It May Concern: I live across Highway 101 from Penny Creek Quarry. In no way does the quarry operation effect how I enjoy my property. I hear highway traffic more than any other noise. The quarry produces a product in demand and pro- vides good paying jobs to the south end of the county. Sin erly, Allit61,e4190 Wendell Brockopp 81 Dutch Lane Quilcene,Wash. 98376 Page 1 ♦ 7 RICHARD L. STEPHENS August 19,2003 Jefferson County Commissioners To whom it may concern, I have resided at 580 Penny Creek Road in Quikene,for 15 years.I have watched local businesses come and go in this area.This area does not have enough businesses to support the local workforce that needs employment and since the Penny Creek Quany is locally owned and operated,providing employment to local workers,I strongly support it's operations in my neighborhood and Jefferson County. I have lived here,within ear-shot of the"Quarry",and it has never been a nuance or hazard,in anyway,since it began operations.Surely,there is some noise during the operating hours but this is not enough to disrupt the tranquility of living in this area.There are many more pluses than minuses,involved with the operation of the"Quarry".The professional manner that is demonstrated by the"Quarry"personnel is a pleasant and benefice'contribution to this area and Jefferson County. As a resident and local land owner,I feel I can honestly and wholeheartedly support the expanison of the"Quarry".I have no misgivings about any increase in noise levels or the safety to the people who reside in this area,close to the"Quarry". There is more noise and danger generated on US 101 highway than is generated by the Penny Creek Quarry. If any of the Commissioners would lace to check the noise levels and hazards of the "Quarry",personally,they are most welcome to visit me here at home,and judge for themselves.I would welcome their questions and be very glad to show my support of the"Quarry".Please feel free to contact me by phone(or drop by)if anyone has questions that I can help with,about the "Quarry's operation as it affects my family and residence.Thank you for your attention and patience. Sincerely, ot"P ;1- Z A404 j T "74,1 CoNce If Ar /„y Lc" heel At 741 c. 'iv QviIceire 7 1 . IP/45.7.- 37 ye/ .41` AiLkic.1It tine c4i 4 ler/Legli PA ye ) ,pit '-ik1 we t le; oar- p pitr, eery 71 d ww Ze fie se"( rosj,v r TAew _A 7"_A_ /A k. te 75( sir ed _yr ) Y_AL1r_ ____ •Ck 9Lki friihr Ae_e_xt e dO VA17.1 _4_1'.A de 1_10_1_1. Mel__ 64.16)or 4r if le fr 19 400 001- Loses' a fie L' AL4J vj d'ofriipbviiy_f_ne__ A 100 ' _ _ p 6bA Zipi, e g t.4.) mr.4_ op _ANA 740( e_g4jefe. of e too aver .IIII g 'd-e.eiAeAV IIIITIIIIIII Monroe 21 Dutch Lane Quilcene,WA 98376 (360)765-3016 August 19,2003 Jefferson County Department of Community Development 621 Sheridan Street Port Townsend,WA 98368 To Whom it May Concern: We have been residents of Dutch Lane for the last twenty years and neighbors to the Penny Creek Rock Quarry since its opening in 1996. Never in our time here has our quality of life been negatively effected by the workings of the quarry. The noise produced by the quarry does not disrupt us,in fact,the noise from Hwy 101 is far greater than that from the quarry. We have not changed our lifestyle in any way due to of the implementation of the rock quarry. The effects on our lives and on the community from the Penny Creek Rock Quarry have actually been quite positive. They have created jobs for local people in an area where employment is scarce. As the businesses in this area die out,the Penny Creek Rock Quarry remains a strong provider of work and products. The quarry has brought revenue into our county, and thus into our community,through the B&O sales tax. They have created increased business for local companies through advertisement and the presentation of quality local goods at a fair price. We support the Penny Creek Rock Quarry in their current and future operations. We hope for long and continued growth and production in this area. We endorse them in all of their future endeavors. Sincerel , ohn and KaraLee Monroe , t Reeves Excavating & Land Clearing, Inc. P.O. Box 185 Quilcene, WA. 98376-0185 August 18, 2003 Re: Penny Creek Quarry Expansion To Whom. It May Concern: I am an excavation contractor in the Quilcene area, and I have been doing business with Penny Creek Quarry since it began its commercial operation in 1996. I have become very familiar with the quarry's operation, the staff and the owners. The Phillip's have made a huge financial investment in developing the quarry. They have continually made improvements so that noise is reduced, pit traffic is safer, and storm water is contained. The owners and their employees have always been concerned about safety. With so many tourists using Penny Creek Road as access to get to the mountains, it is to the quarry's credit that there has never been an accident. They make it a practice of reducing the risk for their staff, customers and neighbors too. The quarry frequently hires my trucks for their business. They pay their bills promptly and are highly-respected in our community. They also fulfill a real need in the county with their product. The quarry's expansion should be encouraged and welcomed. 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With the major highway 101 slide the operation changed substantially. We did not express any objections to the expansion of hours, days, and facilities because we felt it was an emergency, The change from a mom and pop operation to commercial has greatly increased the noise level we feel that it has greatly reduced our property value. It is like farm next to yours that runs four cows is turned into a full feed lot were the noise and smell is evident one mile away or your small grocery store is turned into a wal-mart. Although we have no objections to a small quarry operation we feel that the proposed change for the benefit of one land owner and to the detriment of all the nearby land owners with no benefit to the community is unconscionable. We hope the board realizes that the application was generated at great expense to _. shed positive light toward approval. There are many errors and omissions. To mention just a few, exhibit E page 3, pp 3,"noise has not been mentioned by neighbors" is simply not true. Page 5, "mining has been approved and ongoing on adjacent property". {where} page 15, pp 2, "County notification procedures for surrounding property owners will be followed prior to any scheduled blast". Per your Mr. Josh Peters there are no county notification procedures. Also there are some questions we have about the DCD staff report. Page 2-15 Designation procedures, pp c, "the subject property is surrounded by parcels no smaller than five [5] acres in size on 100%of its perimeter". It is my understanding that parcels of land separated by a road or highway are considered adjacent and if this is true there are several parcels smaller than five [5] acres east of 702224011 and 702224012. Therefore the application does not meet your criteria for rezoning. Table 4 -3 "compatible with nearby areas" Is not compatible because of adjacent property. [see above] "impact of noise" We have measured 80/90 dB peek at our house caused by track squeal. "impact of blasting" the last blast was so strong that my wife thought we had an earthquake and it knocked the pictures out of alignment. "surface & ground water impacts" As mining continues it will be virtually impossible to contain the runoff. "impact of blasting" does not cover neighbors concerns ie: noise and shake. "biological impact" Does not cover _ the species in the area that would be most effected by mining, beaver, otter, Canadian lynx. We hope you will seriously consider the nearby land owners concerns before you make your decision. Thank you 3-°o-Q3 Ron& Rose Ann Nowak o v 4 fix:ocIt .C.oty% tA.1)( I ae~ ac,f1,10 vt-9'/(4,-///4 Arkad--.00 i r Interintses e, • Marge Arnold, RHIT P.O.Box 610 • 70 Dutch Lane • Quilcene,WA 98376 So, Phone: 360-765-3675 Fax:360-765-0128 — i i :. • amoldaeetscnet.com August 19, 2003 _ AUG 2 0 2003 ,J RE: Expansion of Penny Creek Quarry. DEPT.OJEFFERSON OMMUNIY DEVELOPMENT To Whom It May Concern: Thank you for accepting this input from a concerned landowner. After living 30 years in Tacoma while raising my children, enduring the traffic and occasional distant sound of semi-automatic weapons, I was finally able to purchase(September 1997)my dream home at 70 Dutch Lane in Quilcene and begin my pursuit of the"American Dream". At first the rock quarry was not too loud(except for the blasts...see comments to follow)and I didn't hear it everyday. However, this summer,with thedearing of their hillside,the noise has become relentless and inescapable - on every week-day. In spite of having built trails,trellises and twig gates, I actually consulted a realtor last week to do something I thought I would not do again in my lifetime—consider moving. She arrived while the quarry was in operation and acknowledged the noise would definitely devalue my property. The truth is, I consulted her primarily out of frustration. I do not believe my budget would allow a move. Thus,the potential expansion of the quarry is a devastating prospect. Comments related to DCD Staff Report dated August 6, 2003. p. 2-15 '!c The subject property is surrounded by parcels no smaller than five(5)arms in size on 100% of its parimeter': • Highway 101,a 2 lane road, separates Penny Creek Quarry property from mine. How convenient for Penny Creek Quarry to be able to discount my parcels by daiming that Highway 101 constitutes a portion of this perimeter. My home is built on 0.89 acre. I own an adjacent building site(offidal)that is 1.01 acres. I dispute that Highway 101 should be allowed as substitution for a"5 acre parcel". p. 2-19 "Noise at adjacent residential areas less than 50 dB(A)due to distance or topographical bane, berm can be constructed easily." • I have recorded a sustained(2-4 hours)83-87 decibels via an unoffidal decibel- meter in my back yard. And, in plain language, my guests and I have to shout at each other for our conversations to be heard. Since denuding their hillside of all trees, if there is talking on that hillside after work hours I can hear their x�; ►al.:- .� ea± g-9..0—o i (S'IGIy Corm \1 RE:Expansion of Penny Creek Quarry August 19,2003 Page 2 of 3 conversations. A berm would have to be built as high as the hillside to prevent the noise. As an aside,to illustrate Penny Creek Quarry's obvious lack of compassion for their neighbors'pursuit of quality of life,they are operating a piece of machinery that makes a horrendously loud, spine-chilling, scraping, screeching noise(metal against metal?)that persists from start time(6:30 a.m.)to late afternoon. Why has this machinery not been greased or serviced to eliminate this screeching?This has been jangling my nerves for the majority of the summer. If I want to hear the birds sing I'd better get it in between 5:00 a.m. and 6:30 a.m. p. 2-19 'Tasting not required;permanent open spare between quarry and other uses:topographical barrier between quarry and other land uses;only occasional light blasting;blasting compatible with adjacent uses." • This cause contains multiple daims,some inaccurate for Penny Creek Quarry, .d(Q Ill that support expansion of the quarry. Yes,I would say there is"permanent __.._...._open space"but this is a negative from my point of view-as-a blast-on-at least one witnessed occasion spewed rocks onto Highway 101 (adjacent to my property)to the extent that it required the use of equipment to remove it. I suspect Mr. Phillips will deny that this happened, but he knows that it did. p. 2-19 "...only oczasional light blasting..." • This is the most ludicrous daim of all. Light blasting?If what I have experienced is light"blasting,God forbid they would ever be allowed to carry out"moderate"or "heavy"blasting. It is true that Mari Phillips routinely calls the neighbors to warn of a blast I always think this is going to prepare me but it never does.The blasts send my heart into my throat My house shakes and creaks like no earthquake I have ever experienced. My mother(who has now passed away but lived with me for many years),even though suffering from dementia, would rush out of her bedroom with her eyes wide and frightened and ask"What was that?I?" My cement patio has separated from my house by a crack that now measures approximately 4/4"wide. • Another thing I have wondered about is whether it is to be expected that a recently blasted hillside will continue to be very unstable for a period of time. For days after a blast I am startled awake multiple times during the night by disturbingly loud "avalanches"of rocks giving way and sliding down the hillside. p. 2-20 "...adjacent iv freeway,.." • Is Highway 101 now considered a freeway? WAC 468-70-020(4)defines freeway as,"...an expressway with MI control of access,and grade separations over the Health Information Management Consultation and Education Serving long term care facilities in Washington,Oregon and Idaho —l. RF:'lgansio of Penny Creek Quarry August 19,2003 Page 3 of 3 entire length of the entire numbered highway route..." 468-34-110(3d)further defines freeway as"...A fully controlled limited access highway with four or more traffic lanes with the opposing traffic lanes separated by a median strip of arbitrary width..." As you know, Highway 101 at the location it separates my property from Penny Creek Quarry is one lane in each direction with no median strip. p. 2-20 "...unstable slopes can be avoided..." • This takes me back to my concern in a previous paragraph about night avalanches which illustrates to me that though unstable slopes might possibly be avoided, Mr. Phillips apparently does not intend to avoid them unless he is monitored. On the subject of monitoring, I spoke with Josh Peters just this past Monday,August 18th, during which conversation he admitted to me that the"county is small"and funds are not there to even adequately staff his office. It is my understanding that there is currently no one assigned to monitor compliance at Penny Creek Quarry and.I-have concerns that there is no funding set aside for this. The final concern I wish to address is whether the county will be unbiased in its decision on this matter. I have verbally been given disturbing information that this may not be the case. For example,after a meeting of the planning commission that I attended in June or July, a planner followed me out of the meeting to thank me for attending and speaking up,that"Gary Phillips has the County in his back pocket" Josh Peters himself admitted to me that"Mr. Phillips has charisma." It is curious and interesting to note that the quarry has been quiet this week thus far,August 18th and 19t.This is the first quiet operation I can recall the entire summer. It does, ironically, coindde with a proposed meeting for Monday(that did not occur)at which county employees would be in attendance,and also,of course, coincides with the important meeting on the 20t. Respectfully submitted, f . 06 .4( Ma Adjacent Property Owner cc: Law offices of Bridin, Newman, Dold, LLP D:12003-08-19 PCQ.doc Health Information Management Consultation and Education Serving long term care facilities in Washi on,Oregon and Idaho ,am#� 1'1 C,.m\ F• Cerevr-el k F�1 c * 22 0 pp �n E 2 Co Augudt 11, 1943 E C E U ;LJ Ili AUG 2 0 2003 :L'i DEPT.OF COMMUNITY DEVELOPMENT 'Dean Mike, P.Leade £.cnd eneloded the to ttex that we d i 6eus sed. I hope that it whet be of dome ice to you. You have my pea*m.t4d.ion to use in any wary that you dee ..i t (you want to .submit Lt to you* Loud papea ad a tette*. to the edit* . Thank you again £opt allowing me and my thing paattneat to paide on yowl pkopearty again this deacon. My but to you and Mt6. Wh.i taken. Again, thank you. Sineue.Cy yowtd, di. Paul L. Weinback xrcire, INA044. k%vd-ikke-c- .071— a-4_0-03 Ma cormm i To: The Jesllefcdon County Conmit 4onen4 ox to Whom It May Coneenn: Fm: Paut L. Weinbach 103 Ho4naark Poutdbo, Wa6h.ington 98310 360-1190-5608 Date: Augu4t 11, 1903 Ad a (Jiequent v-i s.itox to the ehavcming nc rat community o f Quit-cent (Wa&h4ngton) may I exp eAA my ukgent eoneean oven the two Kaiak c teaA- cut6 neax Quiteene :that I obdexved th.L4 weekend. The pat eteax-cut its on the mounts ins cde on the night aide o f Centex. Road as one appAoacheA Qu i teen £awm the NoAth. The second eteax-cut £4 Penny Ckeek Quaxky that Lien noxtk east of the. &Lg Quit about a male below the highway ay 101 bx.idge. The drive into the pi etu'te a que Quitcene atom the north on Center. Road, ad £t deop6 thematically in elevation to meet gut the Little Qu Beene. Riven, than the town .i tse tL and .lastly the Big Quit £4 one o� the moist exquisite vAataa to be Lound on the. Olympic Pe,ninauta. To deLaee duck a beauti4ut .landscape lath eleak-cuts ,c4 nothing ahoJttt oL uneonbe.ionabte. At sixty two I'm not 40 nave that I don't undeutand that economies makes Lox 4thange bedLetia06 wlien £C coma to deciding *Me to cut and AVM to dig, but why cut and dig whe.xe .i t wi Pl be an eye done and a desk on the Landscape Lox yeaxa to come? The Penny C/Leek Quail ty L na the laicize Lot n.uining the e s theti e quaLitie6 associated with the Sig Quite.elte Riven. a..5 .i t mezuukxr d .,cts way to the Hood Canal. The Sig Qtatteene &tees enough ehattenges a[acteady; .ct doesn't need a noisy qualt/Ly and mo/Le VDT 04% added to .cta woes. And, a4 to add .insult to Lnjuny, :it Z6 my wtdfltstantd.ing that the /Lock they aim mining Ln the Quivuy £6 an LnLexi.o/L grade tt*Lck hakdly makes p'WLLtabte to mine. As i implied in the beginning os tkia .te ,teJL I don't live in Q u c teene, but 1 . 1 think I'd be de to 9 o door to doo/L to tncy and gatvanLze enough suppofct to put an. eAd to any and an clean. euttucg in aaound town as ure.tt as any wee neant the &g and LLttte Qp t Riven.a. Not only aim the two amt. eats 1 have mentioned an aesthetic. nc:ghtma/Le; they are, to .say the teast, an assauet on the senses as wat as an eneawaehment on the peace and t;cangaiGity oL anyone who .Gives .cn Q c teen. Help! Rapectiattul, Faint L. We. nbaeh Josh Peters From: Josh Peters Sent: Thursday, August 28, 2003 1:21 PM To: 'sdrr@tscnet.com' Cc: Al Scalf Subject: WSDOT spec Hello Mike. Al informed me that it was Mari Phillips who told him that material from Penny Creek Quarry meets WSDOT specifications for degradation. Al says that he will be contacting Ms. Phillips on this point. Regards, Josh ************************************************ Josh D. Peters Associate Planner, Long-Range Planning Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend WA 98368 Direct: (360) 379-4466, Main: (360) 379-4450, Fax: (360) 379-4473 Email:jpeters@co.jefferson.wa.us Web: http://www.co.iefferson.wa.us/commdevelopment/ 1 rwl9P , ,FRCW: PENNY CREE QUARRY PHONE NO. : 360 765 3391 Aug. 24 2003 02:12PM P1 FAX Penny Creek Quarry 450 Penny Creek Road Quilcene WA 98376 360 765 - 3413 Phone 360 765 - 3391 Fax Number of pages (including cover sheet): 2— Date: Se! Z-5- 453 To: RE: From: Goi.vi SNA.ALLADS, Message: i 7 ..-. L.... It\ L' AUG 2 5 2003 JEFFERSON COUNTY DEPT OF COMMUNITY DEVELOPMENT ....----- "Mk PENNY CREE QUARRY PHONE NO. : 360 765 3391 Aug. 24 2003 02:13PM P2 August 25, 2003 To: Gary Phillips August Penny Creek Quarry Fm: Rick Wakefield U.S Of Labor M ineSa ety and Health Administration Gary, L This letter ilS to inform you the findings of the complaint lodged on about June 25t, 2003. As per our c+onversati n in June,a decision of"Negative Findings"h3 been made. This determination was made after interviews and researching Federal Law, Thank you for your time and patience with this investigation. • Sincerely, Rick Wakefield CMSP Federal Mine Inspector S• G ti I' AUG 2 5 2003 1 ..J nS,:.iPY COu N TY "'U`'411 Y EVELOPMENT Vay; p81211200 Rep°�' LPB gource Approval Report Report A�atzgate �Spp Approval Source QS-N(-16B tc aticrs" a ate ate Source: reek Quarry OW rento �tartspo.� Aggregate 9gr 9 Aggregate as. penny \Materia\s @ a Known . Penny Contact Regional County: basks.nny Greek Quarry T2�N R2W on a)°b job-by-job material does in fact ° ease Pe n0 NW 11 SE114 Section 22 s R\P Rap approved performed to determine if the in: a\\ � e pert �OCated carry Sp tests sha11 b stic pipe nt o marks;Aggregate Uses and ZOO/ and Sand Equivale t n Material for TheG1asses P,B or G engin\ r prior to Use• job,Gradation geddr d lion Matenai for e zone Bedding Engineer p Wing into a foundation OUn ateriafor Pipe e folio d Drams B Materials: °{the use' acK r San Gravelora' °e glanket Pit Run incorporating n ao P°ratr for the intended B fi11 fo Sand Sand Prior to tion Blenve\ Wa s Meet specification Gravel Ba°k{i11 for Backfrll for Rock id Pipe 1 for Rig ss B Gravel Borrow Bedding Matena Foundation Gla dab and DryWells Materials Date. Gravel Bac\cfi11 for Fo Expiration fill for Drains a by the E&EpD Gravel Back Borrow be performed SWe\ b BASE Selector Col-0'00n are required to t Date; source Of GRAVEL \p G� is lest Date: inary-Tests it V&A: to using this site as a s°u Expiration No prelim Base: rove\prior 2op2 Deg; 10 SURFACING Gravel e: n and aPP 061211 MINER G and Drainage: PRY ES for eva\uatro Test Date of A` to SAMPLES G. 2.182 s rce rt PRELIMINARY SP a source Subm PRE` d Surfacing: Bulk \prior to using this site as • hic pC rOVa Mineral Agg2'4n an pate d app Y SAMPLES for eva\uatwn Expiration GGP SP•Mortar Strength: AbsorptrOn Submit PFtE1IN\INAR Test Date: Absorption: Aggregates: FCA Sp.G t Concrete Aggre% a Year: urce of AGGREGATES for PC d Cerne� CA prganic5 ASR Oapt°ay F u519 this site as a so Expiration Date. Absorption: evaluation and aPPrOVai prior tO• p612t!2°02 Deg: 10 'WRAP and PRY Sped ES for eva\ua 2 782 t Date: n9 this site a�a source of Reg\On M Submit PRELIMINARY 2. Spa115: -Test San apPrOVa\prior to usr Region Operations/ and Quarry ARY SPpt,ES for evaluation R bu Absorption:2.4 Project Engineer�� subrriit PRELIMINARY tag' physical Tes Approval SYstem Distribution: Aggregate Source 20u3 f1X Y&pit"°�16g �AS Agee°rt.cfm`�pre http:I Iwww"'slot wag°vlbijlmatsl AS I tt+l atabase 15 eUs Source D � ` A�ntegate S r �� �'o��s� `'pocostt• AP*41t 111 tiitecteotoxs` A$A S°u lest.�esU\ts MatefON le SouCGe Owner'Type Re9�On corttmercIa\ Type O\Ymp\c P99 Src QS Y 16$ r . phOpC `o reek Quarry t. , penny ca\ Mer\d\an `eases Section W\Nannette 0 Range 22 Map \a \ T N sh P 2\N 11 SEiI°, We Post Contact Reg\Ona\Mat 2 NW Route t\on State n a job-by-job N�°b basis `e9a\Oescr\p fat\t�de '9212 101 Rap approved o WSpO�Horne tong\.915084839 4I g168 Spat\slR�p G� WSD�t B�S�ngss .4-'- Uses and Q 0 g9 GoatactwSD Note ate �(W 9/02199 gate\ndeX M\nera\ r p \orr to Use' 0 �9/0&Roads En9\ne 9h W SPOT©2003 GoPy 2003 o m9prefix Y&41ti moo, 16$ t wa g°vlbiZl�'aCSI ASAl ASADetail.cf http:llwww wSdo "4 "4 Agg"regate Source Database Page 1 of 1 News Site index Contact WSDOT WSDOT Home i State to rt:_. of transportatkm TRAFFIC&ROADS PROJECTS BUSINESS ENVIRONMENTAL MAPS&DATA MATERIALS LABORATORY Source ID: Y 168 Click here for Approval Report Mineral Agg. and Surfacing: Test Date: 06/21/2002 Expiration Date: Absorption: 2.4 Bulk Sp. G: 2.782 Deg: 10 LA: 21 Riprap and Quarry Spalls: Test Date: 06/21/2002 Expiration Date: Absorption: Bulk Sp. G: Deg: LA: Copyright WSDOT©2003 Traffic&Roads I Site Index Contact WSDOT WSDOT Business I WSDOT Home http://www.wsdot.wa.gov/biz/mats/ASA/ASATestResults.cfm?prefix=Y&pit_no=168 8/21/2003 Map Output Page 1 of 1 Wetlands (none) ( ) *1 ' 702224024 7 4025 ? 4 t 702224012 SI Legend 17 i Peace-Pi i Wetlands 3 } ?1702 i 702=4002 0.720 r / /< , X27 € 702224011 001704.1002 I , < a 702224020 / /. -r s 71344 / f I 7024027 70i224016 ,f" Mass provided tryJ�eReeanCarl *yc SericcGIs r24 0 , 86211 FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection.Wed Aug 06 07:50:45 2003 http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0&Form=True... 8/6/2003 D CG) ;f: r : : 1T► rn O m S✓:: Or Z ;$ O 70 Z I > :i 0 0 iii iIi!i gilt (SW 1/4 22 - 27N - 2W) 183.7' 151.54 486.52 • N O x N R.z'1 N — * O N W D ...,I X/ x N ° p N ! • o 4u Z O 5 >> m o N W rn tS c' Z o ' 0. Z cn o cn rn 3 C � i 9 � SO P Do w ft3 �� CO X N m N O O > -�� � 36 N N �y0� N �c' 07cg 6>+ OP >>�o p J► Cp O (. N N CP o 0 0 Z O N N > -P Q 0a o vo, x 0 1,69 o N (n � $ m 314.56 0 (J1 v .- .2' O N O c,60'� mN 1 .p , o N 492.76 �7-_::, � N z O G x X `+ N N o W O Z Ul O pt J N o rnZ2 N \ o rn co \ \ o 730 \ 0 (n in O N O s S W m N �� ? ODO ° IQ RS 0 .� Qs � XN Z rn .c5\ CI ONN N ti Z . \ co co oN w m 9£111. O 1910 N 2 1'P'N o o o 1("j \ ,222R >: o, CO, NOSE_ vXN0N n O) N CCp-'O i6�0 I 0 �o �ti Z f*1- Q ��o .s o0 0 'mss T�22?l `s9 A Oi D H °s S s < <■I Q 1 \at. 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