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HomeMy WebLinkAboutShold CUP, Decision approving Conditional Use Permit for On-Site Processing Facility at existing pit mine operation, July 2022 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 1 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 Before Hearing Examiner Gary N. McLean BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY Application for a Type III Conditional Use Permit to move current off-site processing facility to existing pit mine site, submitted by SHOLD EXCAVATING, INC., Applicant (Location: Shold Pit Mine, in the Port Hadlock area of unincorporated Jefferson County, zoned Rural Residential 1:20, east of Chimacum Road at the end of Elkins Road, a 160+ acre site addressed as 605 Elkins Road) _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) File Nos. MLA21-00003 and ZON21-00001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION APPROVING REQUESTED PERMIT I. SUMMARY OF DECISION. The requested Type III Conditional Use Permit application is approved, subject to conditions. II. BACKGROUND AND RELEVANT CODE PROVISIONS. In January of 2021, the applicant, Shold Excavating, Inc., submitted conditional use permit application materials for a proposed aggregate and recycled concrete processing facility to be located at the existing Shold Pit Mine site. Staff deemed the application complete for purposes of vesting and processing on or about February 3, 2021. (Ex. 7, Application narrative; Staff Report, page 1). FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 2 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 Currently, sand and gravel aggregate materials are excavated, piled, and hauled directly off site to a separately permitted processing facility located west of the mine site, requiring vehicles to cross Chimacum Road. The off-site facility is used for processing and sales of sand and gravel resource extracted from the mine site, as well as for storage, processing, and sales of recycled concrete received at the processing facility. The applicant proposes to move its off-site processing operations to its existing mine site including crushing, screening, storage, and sales of sand and gravel resource as well as importation, crushing, storage, and sales of recycled concrete. This will reduce traffic crossing Chimacum Road and consolidate their mining-related activities onto one site. (Staff Report, page 1; Ex. 7, proposal description). The proposed processing facility would be moved onto the active Shold Pit Mine site, which operates under 2019 Washington State Department of Natural Resources (“DNR”) Expanded Surface Mine Reclamation Permit no.70-013112. (Id.) Aspects of the proposed project include use of a rock crusher and screens for sand and gravel aggregate processing, storage of cured concrete material imported onto the site, crushing of the cured concrete into recycled concrete products, and storage and sales of all of products to commercial customers. Shold anticipates that the processing facility will be moved to the mine floor when the extent of the mine excavation allows adequate room for processing and storage. The scales will remain in the northwest corner by the site entrance. Each facility location includes a new well to provide water for dust suppression. There is no dispute that this project requires a Type III Conditional Use Permit with public notice, public hearing, and decision by the Jefferson County Hearing Examiner. The project also requires State Environmental Protection Act (“SEPA”) review and determination, a Stormwater Management Plan, revised Expanded Reclamation Permit from the DNR, an updated Washington State Department of Ecology (“Ecology”) Sand and Gravel Permit, and a Notice of Construction through the Olympic Regional Clean Air Authority (“ORCAA”). (Staff Report, page 1). Basis and Criteria for approval of Conditional Use Permit. The Shold Pit Mine is in the County’s Rural Residential 1:20 zoning district. There is no dispute that the Jefferson County Code requires a Conditional Use Permit for this proposal. (See JCC 18.15.040 Categories of land use, Table 3-1, Allowable and Prohibited Uses, confirming that a conditional use permit (“C”) is required for the applicant’s proposed use in the RR 1:20 zone). The criteria for approval of a conditional use permit (CUP) are found at JCC 18.40.530(1). FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 3 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 Jurisdiction of Hearing Examiner. The County Code vests the Hearing Examiner with authority to hear and issue decisions on applications for Type III land use decisions. (See JCC 18.40.520(3) “Applications for uses listed as a “C” in Table 3-1 in JCC 18.15.040 shall be processed according to the procedures for Type III land use decision established in Article IV of this chapter.”; and JCC 18.40.040, explaining Project permit application framework, Table 8-1, types of permits, decisions required, and Table 8-2, showing final decision made by the Hearing Examiner on Type III land use matters). III. RECORD. All exhibits entered into evidence as part of the record, and an audio recording of the public hearing, are maintained by the County, and may be examined or reviewed by contacting the County’s public records officer. Exhibits: Staff Report, recommending approval subject to conditions, prepared by Assistant County Planners Amanda Hunt and Bryan Benjamin, dated May 4, 2022 (19 pages), repeated on list below as Ex. 18; 01- Exhibit List 02- Log Items 03- Email Correspondence 04- Pre-Application Outline 05- Permit Application 06- Supplemental Application 07- Narrative 08- Figures 09- SEPA Checklist 10- Stormwater 11- WWHM Report 12- Site Management Plan 13- 2018 Hearing Examiner Decision 14- 2019 DNR Permit 15- Cultural Resources Report 16- DAHP Letter 17- Agency – Department Comments 18- Staff Report 19- SEPA Determination FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 4 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 20- Notices 21- Inadvertent Discovery Plan 22- EH Review Notes 23- Notice of Public Hearing Comments Testimony: The public hearing for this matter was conducted using an online audio/video platform coordinated by County staff, accessible to parties and members of the public using sign-in details provided in public notices. The following persons provided testimony under oath as part of the record during the open-record hearing held on May 19, 2022: 1. Bryan Benjamin, Associate Planner, co-author of Staff Report and primary Staff representative through the public hearing, for Jefferson County Department of Community Development; 2. Erick Staley, Geologist with MD5, appeared as the applicant’s primary hearing representative; and 3. Noreen Andrews, local resident, lives on parcel to east of mine-site. Site Visit: The Examiner personally visited the existing Shold pit mine site, the current site of processing operations to the west across Chimicum Road, surrounding properties in the area, and the local road network that serves the applicant’s current and proposed operations. IV. FINDINGS OF FACT. Based on the record, and following consideration of all the evidence, testimony, codes, policies, regulations, and other information included therein, the undersigned issues the following findings of fact: 1. All statements of fact included in previous or following sections of this Decision, including without limitation those included in the Background summary, that are deemed to be findings of fact are incorporated by reference into this section as findings of fact issued by the Hearing Examiner. 2. This application for a Type III Conditional Use Permit is for the purpose of authorizing relocation of offsite processing operations onto the applicant’s existing pit mine operations. 3. Shold Excavating, Inc. is the property owner and project applicant. The existing Shold Mine Pit is located in the Port Hadlock area of unincorporated Jefferson County, east of Chimacum Road at the end of Elkins Road, a 160+ acre site addressed as 605 Elkins Road. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 5 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 The entire site is zoned Rural Residential 1:20. (Staff Report, page 1; Ex. 7, application narrative). 4. The Shold processing facility is now located approximately half a mile away from the mine at 121 Pomwell Road, requiring vehicles to cross Chimacum Drive. (Staff Report, page 2; Ex. 7, project narrative). 5. Elkins Road is a county road maintained by Jefferson County. According to the Jefferson County Department of Public Works SEPA Review and Comments Memorandum (see “Exhibit 17”, p. 14 of 17), “the applicant indicates that the net increase in traffic due to this project will be approximately 20 trucks per day. The addition of 20 trucks per day would generate 40 rounds trips per day. This proposal would add less than 3% to the existing traffic currently using Elkins Road. This additional traffic is within the capacity of the 11-foot wide lane roadway”. Based on the minor increase in traffic, Public Works Engineers determined that the proposal is not likely to result in significant adverse impacts related to transportation. (Staff Report, page 12). 6. More importantly, Public Works staff expects that this proposal will decrease public hazards from vehicular traffic by decreasing 30 trucks crossing Chimacum Road to deliver mined materials to Pomwell Road per day. (Staff Report, page 12, citing Ex. 17). 7. The current Shold Pit Mine operation was approved by Jefferson County in 2018 under a Type III Conditional Use Permit (MLA18-00015/ZON18-00003). Following County approval, Shold received an Expanded Surface Mine Reclamation Permit in 2019 from DNR under permit no. 70-013112. The applicant participated in a Pre-Application Conference (see JCC 18.40.090) required for Type III permits on September 30, 2020 to discuss this proposal. (Staff Report, page 2; Ex. 13, 2018 Hearing Examiner Decision, approving CUP). 8. The proposed processing facility will be located in the applicant’s existing, active pit mine site (see “Exhibit 7”, p. 3 of 10). The Washington Department of Natural Resources (DNR) originally approved a Surface Mine Reclamation Permit application in 2008 for then- existing operations and a backfilling plan. Shold later received an Expanded Surface Mine Reclamation Permit in 2019 from DNR (see “Exhibit 9”, p. 3 of 16). As noted elsewhere, the property is zoned Rural Residential 1:20 and will be reclaimed for future residential use in accordance with the DNR Reclamation Plan. Upon approval of this requested Conditional Use Permit, Shold will apply for a revised Expanded Reclamation Permit through DNR to incorporate the additional operations and importation activities resulting from their current proposal (see “Exhibit 7”, p. 8 of 10). (Staff Report, page 4). FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 6 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 9. Staff reviewed the application materials, including the SEPA Checklist (Ex. 9) and relevant environmental information, resulting in the County’s formal SEPA threshold Determination of Non-Significance (DNS) for the project, issued on May 4, 2022. (Exhibit 19). Public notices and requests for comments, regarding the pending application and environmental review, from members of the public, adjacent property owners, and relevant state and local agencies, were provided in accord with standard County practices. (Staff Report, page 4; Ex. 20, notices; Testimony of Mr. Benjamin). No one appealed the DNS, as they could have done as noted on the public notice issued for such threshold determination, so the SEPA DNS stands unchallenged for purposes of issuing this Decision. (Testimony of Mr. Benjamin). 10. As noted above, there is no dispute that a Type III Conditional Use Permit is required for the applicant’s proposal located on land zoned Rural Residential 1:20. 11. In accord with applicable county project review regulations, Amanda Hunt and Bryan Benjamin, the County’s designated planners for this matter, reviewed the application materials, and generated a Staff Report, which was transmitted to the Examiner before the public hearing. 12. The open-record public hearing for the conditional use permit was duly noticed in accord with law and the hearing occurred on May 19, 2022, using an online communication platform coordinated by County Staff. During the hearing, the undersigned Examiner presided, with county staff and applicant representatives, and interested members of the public present. Mr. Benjamin summarized the Staff Report, key issues analyzed by Staff, and Staff’s recommendation of approval subject to conditions. Mr. Staley appeared for the applicant and emphasized that the project would reduce traffic crossing Chimacum, resulting in more efficient operations. Mr. Staley accepted the analysis and recommended conditions of approval included in the Staff Report without objection or requests for changes. Only one local resident, Ms. Andrews, offered testimony about the application, just seeking clarification on when processing operations might be moved from one part of the mine site to another. All witnesses were respectful of one another and provided credible testimony. There was no opposition or challenge to the pending application or the staff’s recommendation of approval, during the hearing or in writing, before or after the hearing. 13. No one presented any written correspondence, or testimony at the public hearing, that would question or rebut the findings provided in the Staff Report, to the effect that the applicant has complied with all applicable requirements for approval of the requested permit. Upon consideration of all evidence and comments included in the Record, the Examiner finds and concludes that there is no evidence that would serve as a basis to deny the requested permit. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 7 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 14. The Staff Report credibly explains how Staff’s review and the application materials demonstrate how the proposed new/relocated processing facility, as conditioned, will comply with all applicable County Comprehensive Plan goals and policies, County development codes, including without limitation those pertaining to the following subjects: Critical Areas, Transportation, protection of Cultural Resources, resource-based industries, Stormwater, and Utilities. Staff Report, findings on pages 6-15. 15. The Staff Report and exhibits included in the record constitute substantial evidence that demonstrates how the pending CUP is consistent with the County’s Comprehensive Plan. Staff Report, at pages 6 and 7, citing relevant Comp. Plan Goals and Policies. As Conditioned, the pending application satisfies the approval criteria for a Conditional Use Permit. 16. Based on evidence in the record, the Examiner finds and concludes that, as conditioned, the proposed Shold Processing Facility satisfies all of the approval criteria for a Conditional Use Permit set forth in JCC 18.40.530(1). The Staff Report’s unchallenged analysis and explanation of how the pending application complies with such criteria is found on pages 8-15, all of which are incorporated herein as findings of the Hearing Examiner supporting issuance of the requested permit, subject to conditions. 17. Based on the record, the Examiner finds that the underlying project has been reviewed in substantial compliance with applicable SEPA procedures, and that no one submitted any comments opposing or questioning the Staff Report’s recommendation to approve the requested conditional use permit. 18. Based on the record, the Examiner finds and concludes that the proposed processing facility relocation – to operate within the existing pit mine site – is likely to reduce adverse environmental conditions in the surrounding area, primarily because the proposal will significantly reduce the number of heavy trucks needing to cross Chimacum Road. 19. Again, no one submitted any comments or questions that would rebut or challenge the Staff Report’s recommendation of approval, subject to conditions. 20. Except as modified in this Decision, all Findings, and statements of fact contained in the Staff Report, are incorporated herein by reference as Findings of the undersigned hearing examiner. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 8 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 V. CONCLUSIONS OF LAW. 1. As explained above, the record, particularly the County Staff’s recommendation of approval, includes substantial evidence that the pending permit application satisfies all applicable decision criteria specified in the County’s code. 2. Any finding or other statement contained in this Decision that is deemed to be a Conclusion of Law is hereby adopted as such and incorporated by reference. VI. DECISION. Based upon the preceding Findings of Fact and Conclusions of Law, evidence presented through the course of the open record hearing, all materials contained in the contents of the record, and the examiner’s site visits to the area, the undersigned Examiner APPROVES the Type III Conditional Use Permit for the Shold On-Site Aggregate and Recycled Concrete Processing Facility, File No. MLA21-00003/ZON21-00001, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL 1. This Type III Conditional Use Permit authorizes development and operation of an On- Site Aggregate and Recycled Concrete Processing Facility on the applicant’s existing pit mine site, generally located at 605 Elkins Road, Port Hadlock, in unincorporated Jefferson County, Washington, Latitude 48.015708N, Longitude -122.75424W, as reflected on the approved stamped site plan dated May 4, 2022. Any future changes or modifications in uses, operations, facilities, or activities on this site are subject to review for consistency with then-applicable codes and ordinances and does not preclude subsequent reviews or determinations that new or additional permits are needed, all of which may be subject to specific, additional conditions placed on such permits or approvals needed to authorize future modifications or changes at the site. 2. WA State Department of Natural Resources – expanded surface mine reclamation permit specific condition. This is a conditional approval from Jefferson County that requires a revised Washington State Department of Natural Resources Expanded Surface Mine Reclamation Permit (no. 70- 013112). The revised Expanded Surface Mine Reclamation Permit shall incorporate the importation activities and the crushing, screening, storage, and sales operations resulting from the proposed processing facilities. 3. Olympic Region Clean Air Agency – notice of construction specific condition. This is a conditional approval from Jefferson County that requires a Notice of Construction Application to the Olympic Region Clean Air Agency (ORCAA). Submittal FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 9 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 of the Notice of Construction Application to ORCAA shall be required prior to commencing construction or installation of any stationary source of air pollution. 4. Olympic Region Clean Air Agency – air permit application specific condition. The applicant shall notify Jefferson County Department of Community Development if ORCAA determines that an Air Permit Application is required for the on-site aggregate and recycled concrete processing facility. 5. WA Department of Ecology – solid waste handling permit specific condition. The proposal may be exempt from Department of Ecology Solid Waste Handling Permit requirements. If the applicant does not meet the exemption requirements described in WAC 173-350, the applicant shall be required to apply for a Solid Waste Handling Permit with Jefferson County Environmental Public Health and notify Jefferson County Department of Community Development. 6. WA Department of Ecology – sand and gravel permit specific condition. This is a conditional approval from Jefferson County that requires an updated Washington State Department of Ecology Sand and Gravel General Permit (#WAG501530). The updated Sand and Gravel Permit shall incorporate importation activities and the crushing, screening, storage, and sales operations resulting from the proposed processing facilities. A Sand and Gravel application submitted to the Department of Ecology shall be required 60 days before the new Concrete Processing Facility begins: a. Minor changes in the facility conditions can require modification of the Site Map and Site Management Plan within 10 days of the changes; b. Adding a new on-site aggregate and recycled concrete processing facility to the gravel pit site (WAG501530) would require an application to modify the Sand and Gravel Permit 60 days prior to substantially change the volume or nature of pollutants to comply with General Condition G7; c. The Sand and Gravel General permit prohibits the direct discharge of process water from Concrete Batch Plants (NAICS 327320) and Asphalt Batch Plants (NAICS 324121), including any wastewater from truck wash‐out areas, except to a lined impoundment for treatment. The lined impoundment must have adequate structural loadbearing design to support any mechanical method used for sludge removal and must be maintained to prevent any discharge to groundwater; d. Any ditch, channel, or other Best Management Practices (BMPs) used for routing water must be designed, constructed, and maintained to contain all flows except when: Designed to infiltrate Type 1 stormwater. Precipitation exceeds the design storm (10‐ year, 24‐hour event); e. Any impoundment must have adequate capacity to provide treatment for water quality and flow control of wastewater. The design storm for calculating the size required for the impoundment is the 10‐year, 24‐hour precipitation event; FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 10 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 f. Any runoff from concrete recycling to a pond, lagoon, or other type of impoundment or storage facility that is unlined is considered a discharge to groundwater and is subject to the groundwater quality standards (Chapter 173‐200 WAC). Water ponding on bare ground at a facility can be considered a discharge to groundwater is subject to pH effluent limits (6.5 to 8.5); and g. Surface water discharges are subject to Water Quality Standards and must comply with the numeric effluent limitations of Special Condition S2. 7. Jefferson County Department of Environmental Public Health – waste management specific condition. Portable toilets shall be provided for the transient employees and customers, available during operating hours of the mining operation. Toilets shall be serviced regularly and waste disposed of at an approved facility. Any full-time employees on site for extended periods will require potable running water and flush toilets with an approved septic system. 8. Jefferson County Department of Environmental Public Health – well drilling specific condition. Any proposed drilled wells must meet the WRIA 17 instream flow rule requirements for withdrawals. There are two sub-basins on this parcel; if a well is drilled in the Chimacum sub-basin, it cannot be used for anything other than interior domestic use. If a well is drilled in the Oaks Bay/Mats Bay groundwater subbasin it may be used for up to 5000 gallons per day without a water right approved by ECY. All wells are required to be metered in accordance with WRIA 17 rule. 9. Licensed well drillers shall install the two proposed wells and submit the appropriate well reports to the Washington State Department of Ecology after the wells are completed. If further well permitting is required, the applicant shall contact Jefferson County Department of Community Development. 10. The applicant shall renew utility permit no. UTL2020-00012 and UTL2020-00013 prior to land disturbing activities within the road right of way. 11. Utilities shall be installed in the same rights-of-way when the effect will be to reduce the adverse impacts on the physical environment. Environmental impacts resulting from installation or maintenance of utilities should be minimized. Areas disturbed during construction shall be replanted with native vegetation and maintained until firmly established. Clearing shall be confined to that necessary to allow installation and to prevent interference by vegetation once the system is in operation. 12. Consistent with the 2018 Hearing Examiner Decision (Ex. 13), a minimum 50-foot vegetated buffer measured landward horizontally on both sides of the stream from the ordinary high-water mark (OHWM) as identified in the field shall be required. The vegetated buffer shall be kept in natural condition. No construction activities, including the preparation and storage of materials, are allowed in the 50-foot buffer. The 50-foot buffer applies to the northern expansion area. In addition, the original mining site shall adhere to the 15-foot stream buffer requirement. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 11 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 13. The applicant is maintaining a 150-foot open space buffer around much of the mining operations. This buffer shall remain naturally vegetated and maintained in a healthy state to mitigate potential impacts to surrounding properties. The applicant shall maintain 15-feet of Screen A Landscaping along the western property line, as shown on the submitted site plan, approved May 4, 2022, for the continuous life of the mining operation. 14. The Jefferson County Department of Public Works submitted a Stormwater Site Plan Review and Comments Memorandum on September 29, 2021 in conjunction with this application. The applicant shall follow the JCPW Recommendations and Public Works Department Fees Requirement sections of the 2021 Stormwater Site Plan Review and Comments Memorandum. 15. The Jefferson County Large Stormwater Packet and the 2018 Ecology Sand and Gravel General Permit Stormwater Management Plan have been submitted in conjunction with this application on January 5, 2021. The applicant shall follow the following proposed erosion control and reduction measures: a. For the northern facility location, cleared topsoil shall be stockpiled outside the operations area and then seeded with an erosion control mix to stabilize the piles and prevent erosion; b. All work surfaces shall be covered with aggregate materials to limit soil exposure to surface erosion; c. Stormwater shall be directed back into disturbed areas and to designated infiltration areas; d. Runoff from undisturbed areas shall be re-directed around active mining disturbance areas where practical; and e. Segmental mining/reclamation practices and BMPs such as stormwater drainage management, ditching, check dams; and topsoil replacement for revegetation shall be implemented to control surface runoff and disturbance from the proposed processing facility locations. 16. Imported concrete shall be sourced from local demolition projects and will comply with the Shold Pit Mine approved Importation Plan and Clean Soil Policy. 17. The operator shall utilize best management practices to reduce fugitive dust from crushers, screens, on-site traffic, excavation, loading activities, and haul roads within each operating area. The operator shall implement the following best management practices prior to the start of construction activities and during site operations: a. Mobile equipment shall utilize requisite emission control devices; b. Existing dust management BMPs under the 2018 Ecology Sand and Gravel General Permit shall be expanded to include the proposed processing facilities and stockpiles; FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 12 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 c. Wells shall be established near the processing locations for use in fugitive dust controls on processing equipment and stockpiles as needed; and d. Water shall be sprayed with a water truck over access roads and work surfaces for dust suppression. 18. A Reclamation Plan per the 2019 DNR Expanded Surface Mine Reclamation Permit shall be completed following the cessation of the Shold Pit Mine. The applicant shall complete the following vegetation management and recovery activities: a. Any disturbed areas impacted by mining-related activities, including previously permitted activities, shall be replanted with appropriate vegetation to stabilize the reclaimed areas, help re-establish pre-existing flora; enhance vegetative diversity, and promote wildlife habitat; b. Open Area and Wooded Area Revegetation shall be utilized; c. Any areas requiring revegetation shall be reclaimed according to DNR standards and requirements for the prescribed subsequent use; and d. Any invasive weed species discovered on-site shall be reported and controlled in accordance with Jefferson County Noxious Weed Board standards. 19. The Pollution Prevention and Spill Control Plan per the 2018 Ecology Sand and Gravel General Permit shall be followed and revised as necessary throughout the life of the project to manage accidental fuel or oil spills from operations utilizing petroleum products (diesel, gasoline). The applicant shall follow the following best management practices: a. The existing SCP shall remain in effect through-out the project duration; b. Petroleum products will be delivered and utilized on site; c. BMPs shall be employed on-site to reduce the potential for accidental fuel or oil spills from occurring during equipment refueling; and d. BMPs consistency with SCP shall be used to clean up any spills quickly and completely, and to remove any spill-contaminated materials to an approved disposal site according to the 2018 Ecology Sand and Gravel General Permit requirements. 20. The proposal shall comply with noise standards outlined by WAC 173-60 and Jefferson County Code Chapter 8.70, Noise Control. The applicant shall implement the following best management practices to manage generated mining noise and vibration: a. Mining equipment, haul trucks, proposed rock crushers, and screens generating sporadic noise shall only operate during the hours of 7 am to 6 pm (occasionally as late as 7 pm, in accordance with JCC 18.20.240(2)(f) limitations) on weekdays; FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 13 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 b. Requisite muffling devices shall be maintained on trucks and excavating equipment; c. Noise shall be similar to current mine operations and shall comply with WAC 173- 60-040 noise thresholds; and d. If noise is determined to exceed existing thresholds, additional measures such as orienting the screens to use the sidewalls as a noise barrier, constructing noise- attenuating soil berms, or other physical barriers shall be placed between the noise- generating activity and potential receivers. 21. The applicant shall implement the following best management practices to manage processing facility lighting: a. Potential processing facility lights shall be mounted less than 30 feet above finished grade and directed at the immediate area of the work, in accordance with Jefferson County Code (JCC) 18.30.140 standards; b. All lighting shall be shielded to mitigate glare; c. All mine operations shall take place during work hours in accordance with JCC 18.20.240(2)(f) limitations (7 a.m. to 7 p.m.) unless site operation is required and authorized by the County to respond to emergencies; and d. Contract orders require that require loading and hauling after daylight hours shall comply with JCC 18.30.140. 22. Any invasive weed species discovered on-site shall be reported and controlled in accordance with Jefferson County Noxious Weed Board standards. 23. Pursuant to JCC 18.20.240(e), spoils shall be placed outside of critical areas and their buffers. 24. Pursuant to JCC 18.20.240(e), final slope angle shall be no steeper than 1.5:1. 25. Pursuant to JCC 18.20.240(e), best management practices shall be employed for drainage and other controls so that: (i) spoils are properly drained and do not cause ponding; (ii) runoff water meets the requirements and standards of this code and other applicable county, state and federal codes and regulations; and (iii) mass soil movement is prevented. 26. No sign shall be erected or used for any purpose or in any manner except as permitted by the regulations of JCC 18.30.150 or as specified elsewhere in the Jefferson County Code. All non- exempt signs shall be subject to review and approval and may require issuance of a sign permit and or a building permit by the administrator according to a Type I permit approval process as specified in Chapter 18.40 JCC. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 14 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 27. All contractors and personnel shall be familiar with the inadvertent discovery plan as attached to this permit. If any possible historic, archaeological and/or cultural artifacts are inadvertently discovered, the applicant shall immediately stop all work on the project and shall notify the Washington Department of Archaeology and Historic Preservation, Jefferson County Department of Community Development, and affected tribes. 28. The site plan as submitted in the Type III Conditional Use permit for the On-Site Aggregate and Recycled Concrete Processing Facility application has been reviewed for consistency under the UDC, and has been approved by the County’s Hearing Examiner. Any modifications, changes, and/or additions to the stamped, approved site plan dated May 4, 2022 shall be resubmitted for review and approval by Jefferson County Department of Community Development, provided that substantial modifications (as determined by the Director) shall require approval by the Hearing Examiner, under a Type III Conditional Use Permit process. 29. Pursuant to JCC 18.40.560, this conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit) of the permit unless the permit approval provides for a greater period of time. Extensions to the duration of the original permit approval are prohibited. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. 30. Pursuant to JCC 18.40.580, a conditional use permit granted under Article VIII of JCC Chapter 18.40 shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. 31. Before commencing operations of the onsite processing facility approved in the Conditional Use Permit, the applicant must first obtain any and all associated permit(s) or approvals required by the County or any other governmental agency or regulatory authority with jurisdiction over a particular aspect of the project. Any conditions of approval or requirements imposed as part of such permits or approvals shall be and are hereby incorporated as Conditions of Approval for this permit. ISSUED this 6th Day of July, 2022 _____________________________ Gary N. McLean Hearing Examiner FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION – APPROVING CONDITIONAL USE PERMIT FOR ON-SITE AGGREGATE AND RECYCLED CONCRETE PROCESSING FACILITY AT EXISTING SHOLD PIT MINE – FILE NOS. MLA21-00003/ZON21-00001 Page 15 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEFFERSON COUNTY HEARING EXAMINER 621 SHERIDAN STREET PORT TOWNSEND, WA 98368 Final Decision, Request for Reconsideration or Clarification, Appeal Rights The Hearing Examiner is authorized to issue Final Decisions for matters listed in JCC 2.30.080(2). Decisions of the Hearing Examiner may be subject to a request for reconsideration or clarification, by parties with standing and in the time and manner specified in the Jefferson County Hearing Examiner Rules of Procedure, including without limitation HEx Rules 6.5 and 6.6. Final Decisions of the Hearing Examiner are subject to appeal as explained in HEx Rule 6.7, and JCC 18.40.340, which reads as follows: (1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the administrator or hearing examiner to a court of competent jurisdiction in a manner consistent with state law. All appellants must timely exhaust all administrative remedies prior to filing a judicial appeal. (2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons identified in RCW 36.70C.040, within the applicable time period. (3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the county auditor with the county auditor. Any overage will be promptly returned to the appellant. State law provides short deadlines and strict procedures for appeals and failure to timely comply with filing and service requirements may result in dismissal of any appeal. Persons seeking to file an appeal are encouraged to promptly review appeal deadlines and procedural requirements and confer with advisors of their choosing, possibly including a private attorney.