Dear Port Ludlow Resident,
This is your LAST CHANCE to affect the impact of the
quarry on Port Ludlow. We urge that you DO NOT IGNORE IT. Send it NOW while you have your
editor ready.
Two sample emails are provided. Create your own comment by cut and
paste. Change as you want. It can be done in a couple of minutes by email;
alternatively, rather longer by letter.
It is NO COINCIDENCE that we received this notice over the
holidays. THEY DO NOT WANT YOU TO COMMENT. DONÕT
LET THEM BULLY YOU—SEND SOMETHING—NUMBERS COUNT!
The deadline is 4:30 pm on December 28, 2011. (At the bottom is the Public Notice in case you
want to research things yourself.)
Anthony
F. Durham, Village Council VP and acting President
Sample 1: Start your email by clicking on dwjohnson@co.jefferson.wa.us
(at Jefferson County). From the text below, cut and paste the beginning. Then
add the topics that are most important to you. Individualize a bit as you wish.
DonÕt forget your name(s) at bottom. Send
December
27, 2011
Jefferson
County Department of Community Development
Development
Review Division
621
Sheridan Street
Port
Townsend, WA 98368
Subject:
Land Use Application and Pending SEPA Determination MLA 10-00073-Iron Mountain
Quarry
This
letter is in response to the subject Land Use Application and pending SEPA
determination by Jefferson County on MLA 10-00072. Specifically, this letter
addresses the analyses and assumptions that were the bases for setting
mitigated operating limits on Iron Mountain New Shine QuarryÕs (IMNSQ) project.
Master Planned Resort Treatment: According to WAC 173.60.030 Sub A Sub
iii, the Port Ludlow Master Planned Resort (PLMPR) must be treated as a
Òprivate residenceÓ and noise levels, air quality, and other environmental
factors must adhere to the Òprivate residenceÓ standard at all boundaries of
the PLMPR, including the PLMPR Golf Course.
Given
this Washington state law, Jefferson County must require an Environmental
Impact Study (EIS) by issuing a Determination of Significance for IMNSQ. The
proposed mitigation requirements recommended by Jefferson CountyÕs consultant
in the Mitigated Determination of Non-Significance Document are inadequate.
Traffic Safety: Residents of the Port Ludlow Master Planned Resort (PLMPR) are
dependent on SR 104 for access to Kitsap County over the Hood Canal Bridge and
other destinations on the Olympic Peninsula. The Mitigated Determination of
Non-Significance Document does not address the Traffic issue adequately.
IMNSQÕs vehicles and their clientsÕ vehicles will be using SR 104 to enter and
exit IMNSQ. The gaps in traffic cited in the plans for use of SR 104 are not
realistic. WSDOT data should be used to address the quantity of gaps.
Additionally, the time required for these vehicles to safely exit and enter
IMNSQ is not accurate. Traffic accidents on SR 104 are currently high due to
the heavy recreational use of the Olympic PeninsulaÕs resources. This traffic
plan will only compound the problem.
All
traffic concerns documented in the 12/24/11 SBCA SEPA CommitteeÕs Letter to the
Jefferson County Community Development Office need to be addressed.
Noise: The mitigation for noise recommendations do not adequately address
the monitoring of noise levels. Noise monitoring stations within the PLMPR need
to be operational during all of IMNSQÕs operation hours. A fine structure must
be administered by Jefferson County that ensures IMNSQÕs compliance with noise
level standards (Fine payments due in 30 days and non-payment results in
rescinded permit).
Notification
of Blasting is not adequately addressed in the Mitigation document. PLMPR
residents, wishing notification, need to be notified at least one week prior to
blasting during the hours between 10 a.m. and 3 p.m. Public announcements need
to be placed on the Port Ludlow Website and in the local newspapers, including
the Port Townsend Leader and the Port Ludlow Voice. A five-minute warning siren
needs to sound prior to all blasting to warn resort users and workers at
neighboring quarries.
All
noise level concerns documented in the 12/24/11 South Bay Community Association
SEPA Committee to the Jefferson County Community Development Office need to be
addressed.
Air Quality: Air quality is not adequately addressed in the Mitigated
Determination of Non-Significance Document. Only vehicles owned by IMNSQ are
addressed for upkeep and emission standards. IMQ has stated that the delivery
trucks will not be their property, instead they will be owned by their clients.
Many residents of the PLMPR have lung problems due to age-related chronic
diseases. Therefore air quality monitoring stations must be strategically
placed throughout the MPR to monitor detrimental levels of dust and air
pollution in accordance with standards of the Olympic Region Clean Air Agency.
An adequate fine structure must be put in place to deter IMNSQÕs
non-compliance.
Water Quality: Surface water (streams and wetlands) is addressed in the Mitigated
Determination of Non-Significance Document, but the impact of the IMNSQ on
PLMPRÕs water sources (wells) is not addressed, nor is IMQÕs responsibility for
rectifying any unforeseen damages to the water tables and water sources for the
PLMPR.
Earth (Reclamation): The Mitigated Determination of Non-Significance
Document does not address reclamation of land adequately as required by SEPA.
The entire projectÕs impact must be addressed, not a segmented plan to address
certain phases of the project. An adequate bond should be required to ensure
the cost of proper reclamation.
Diminished Economic Value of Residences: The Mitigated
Determination of Non-Significance Document does not address diminished economic
value of residences in the PLMPR. According to Washington State Law, any
projectÕs economic impact on surrounding communities must be addressed.
Any
project that removes 400,000 tons of rock per year from the Olympic Peninsula,
WashingtonÕs Recreational Jewel, is NOT a project of environmental
Non-Significance. Please issue a Determination of Significance for the IMNSQ
project so that an EIS can adequately address the environmental, economic and
quality of life issues for PLMPR residents and our state. This is not West
VirginiaÕs strip mining country. This is environmentally friendly Washington
State.
Thank
you for the opportunity to comment on this project.
Sincerely,
Sample 2: Start your email by clicking on dwjohnson@co.jefferson.wa.us
(at Jefferson County). From the text below, cut and paste the beginning. Then
add the topics that are most important to you. Individualize a bit as you wish.
DonÕt forget your name(s) at bottom. Send
December
27, 2011
Jefferson
County Department of Community Development
Development
Review Division
621
Sheridan Street
Port
Townsend, WA 98368
Subject:
Comments in response to Public Notice of Type I Land Use Application and
Pending SEPA Determination for MLA 10-00072 – New Shine Quarry
Applicant:
Iron Mountain Quarry
Thank
you for this opportunity to comment on the proposed Mitigated Determination of
Non-Significance (MDNS) on the above referenced proposal. I am concerned,
however, with the timing of the release of this public notice, corresponding as
it is with the Christmas holiday. Many individuals affected by this proposal in
the Port Ludlow community are unaware of this notice and unable to comment due
to pre-planned travel associated with Christmas. I believe the timing of the
release of this notice was intentionally selected to limit the quality and
quantity of public comment. That being said, I would like to offer the
following comments:
1)
Air
Quality Impacts: Mitigation condition number 10 requires actions to minimize dust from
the proposal. I have personally observed accumulations of dirt at the
intersection of the proposed mine entrance and State Route 104, caused by the
existing truck traffic. Watering of haul roads is not sufficient to eliminate
this problem, as mud from truck tires will continue to be deposited at the mine
entrance, and once dry, will cause airborne dust as it is run over by traffic
on SR- 104. Trucks may also deposit small rocks on the highway, increasing
damage to vehicles and vehicle windshields. I suggest that an additional
condition be added which requires periodic sweeping of the intersection of
State Route 104 and the mine entrance to reduce this problem. Alternatively, a
condition could require the applicant to install a washing station at the
entrance to the mine, and require the washing off of trucks to eliminate debris
prior to exiting onto SR-104.
2)
Noise: It is important to note
that the proposed mine is in close proximity to recreational and residential
uses in the Port Ludlow community. So close in fact, that the proposed area for
mining does not qualify for the minimum distance required by the County General
Plan for establishment of a Mineral Resource Zone. According to the report
entitled Blasting Impacts at New Shine Quarry, WA prepared for Austin Powder
Company on behalf of IMQ, ÒProduction blasting will occur no more frequently
than twice a month.Ó The frequency of blasting is of great concern to the
residents of Port Ludlow, and while it is reassuring to hear that it will not
occur more frequently than twice per month, there is nothing in the mitigation
measures would require this. I suggest that a condition be included that would
require that blasting be limited to no more frequently than twice per month.
Again,
thank you for the opportunity to comment on this project. Please add my name
and address to your list of individuals to receive any future notices or
information regarding this proposal.
Sincerely,
JEFFERSON COUNTY PUBLIC NOTICE
OF TYPE 1 LAND USE APPLICATION AND PENDING SEPA DETERMINATION MLA10-00072
APPLICANT:
IRON MOUNTAIN QUARRY
ATTN: JAMES BURNETT
22121 17TH AVE SE SUITE 117
BOTHELL WA 98021
Application Received Date: February 25, 2010
Application Complete Date: March 22, 2010
Application Notice
Date: December 14, 2011
Jefferson County expects to issue a Mitigated
Determination of Non-Significance
(MDNS) on this proposal, and the optional MDNS process under WAC
197-11-355 is being used. This
may be the only opportunity to
comment on the environmental impacts
of the proposal. The proposal may include mitigation measures under applicable development regulations, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the subsequent threshold
determination may be obtained upon request,
and will be mailed to any person commenting upon this notice of
application.
SITE ADDRESS AND PROJECT LOCATION: 9861 SR 104, Port Ludlow,
Washington in unincorporated Jefferson County. The site is east of
the existing Shine Quarry.
The property consists of four Jefferson County Tax Parcel Numbers: 821291002, 821302001, 821324002,
821311001 located within Sections
29, 30, 31, 32 Township
28, Range 1E, WM.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
The applicant, Iron Mountain Quarry,
has submitted materials
for approval of a Stormwater Management Permit for the New Shine Quarry in three (3) phases over a period of
approximately forty (40) years.
The total project area is one hundred
and forty two (142)
acres. The mining and operations area is approximately 69 acres.
The first phase (Phase 1B)
will include establishing the primary and secondary processing
and stockpiling areas, stormwater control ponds, maintenance building and yard, and mining the southwest
portion of the site. Mining activity for Phase 1 B is expected
to last five to ten years. The second phase
(Phase 1A) will mine the southeastern portion
of the site, to the
north of the stormwater control ponds. The third phase (Phase 2) will expand Phase 1A to the north, advancing generally from south to north.
The overall hours of operation will generally be from 6:30AM to 4:30PM. The hours of physical operations, including mining and processing will be from 7:30AM to 3:30PM, or as daylight allows. The mine could produce as much as 400,000 tons per year, with volumes in the winter
months ranging between 8,000 and 16,000 tons per month; and during the summer between
26,000 and 52,000 tons per month.
This project
requires a Stormwater Management Permit (in accordance with Jefferson
County Code Title 18) with a SEPA Threshold
Determination from Jefferson
County, an NPDES permit
from the Washington Department of Ecology (Ecology), a Reclamation Permit from
the Washington Department of Natural Resources (DNR) and a Jurisdictional Determination from the U.S. Army Corps of Engineers.
The following additional permits/approvals
may be needed: Hydraulic Project Approval
from the Department of Fish and Wildlife, Section
404 Permit from the
U.S. Army Corps of Engineers,
and Section 401 Water Quality
Certification from Ecology.
SPECIAL STUDIES PROVIDED
BY THE APPLICANT
1. Shine Quarry Phase 1A Drainage Control Report dated February 22, 2010 by Layton and
Sell, Inc. P.S.
2.
Addendum 1 to Shine Quarry Phase 1 dated
May 25, 2011 by Layton and Sell, Inc. P.S.
3.
Potential Air Quality and Wind Effects
of New Shine Quarry Operations dated
February 28, 2011 by Envirometrics Inc.
4.
Geologic and Geohazard Assessment dated
February 26, 2008 by AMEC.
5.
Geologic Assessment dated
February 16, 2011 by AMEC.
6.
Hydrogeology
Report dated June 16, 2009 by Environ.
7.
Critical Aquifer
Recharge Area Report for the New Shine Quarry dated
February 2, 2010 by
Environ.
8.
Response to Groundwater Issues Raised by the County dated
March 3, 2011 by Environ.
9.
Existing
habitats, plants and animals at the proposed New Shine Quarry site in Jefferson Countv. Washington dated January 13, 2009 by Environ.
10. Updated Community
Noise Assessment for the Proposed
Iron Mountain Quarry dated
March 2011 by AMEC.
11. Blasting Noise and Vibration
Analysis dated April 25, 2011 by Austin Powder.
12. Visual Impact of the Proposed New Shine Quarry dated
November 24, 2009 by Centre Point
Consultants, Inc. P.S.
13. Supplemental
View Impact Analysis
dated February 3, 2011 by Robert Hanson and Centre Point Consultants, Inc. P.S.
14. Iron Mountain
Quarry Traffic Impact Analysis
dated December 3, 2009 by Transportation
Solutions, Inc.
15.
Iron Mountain Quarry Traffic Impact Analysis revised July 2011 by Transportation
Solutions, Inc.
16.
Wetland Mitigation Sequencing Analysis dated
February 2010 prepared
by Gordon Derr.
17.
Conceptual Wetland
Mitigation Plan and Indirect Impacts
Analysis dated February
18, 2010 by Environ.
18.
New Shine Quarry Wetland
Delineation and Inventory dated July 2009 by Environ.
19. Addendum to Wetland
Delineation and Inventory Report for New Shine Quarry dated
June 13, 2011 by Environ.
20. Response to
comments from Michael Minor and Associates on the Community Noise
Assessment for the proposed
New Shine Quarry dated
August 31, 2011.
21. New Shine Quarry Blasting
Impacts dated September
2011.
COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS:
The application and any studies may be reviewed
at the Jefferson County Department of
Community Development, 621 Sheridan St. Port Townsend;
and on-line in PDF form at: http://test.co.jefferson.wa.us/weblinkext/Browse.aspx?dbid=1. Click on "Permits," "Case Files," and "MLA10-00072 New Shine Quarry." All interested persons are invited to (a) comment
on the application; (b) receive
notice of and participate in any hearings; and (c) receive a copy of the decision, by submitting such
written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division,
621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450.
Comments
concerning this application should be submitted to the Department
by 4:30 p.m. on December
28, 2011.
SEPA INFORMATION:
The optional MONS process of WAC 197-11-355 is being used. This may be the only
opportunity to comment on the environmental impacts
of the proposal. The conditions being considered to mitigate environmental impacts are as follows:
Earth
1.
Surface water run-off and erosion
control measures for Phase 1B
and 1A shall be consistent with the
Shine Quarry Phase 1 Drainage Control
Report dated May 25, 2011. The current permit, if issued, covers only Phase 1B.
Consistency of a Phase 1A permit,
when requested, may require
updating of the May 25, 2011 report prior to issuance. . Detailed engineering drawings and separate design
calculations for Phase 2 will be submitted
to Jefferson County for approval
near the completion of Phase 1A and prior to the start of Phase 2.
These plans shall be based on the site conditions at that time and the state and federal National Pollutant Discharge Elimination System
standards.
2.
Maximum active mining area (segment)
size for Phases 1B, 1A or Phase 2 shall be determined in consultation with the Department of Natural Resources, but shall not exceed 20 acres
each. Reclamation shall be conducted
on an ongoing basis, pursuant
to progressive segmental
reclamation standards and according to the specific
mining segment sizes and
timelines established in DNR-approved Reclamation Plans.
3.
During mining operations, including extraction and crushing, dust shall be controlled by the proponent through
means of watering
or other methods
that are acceptable to Olympic Region Clean
Air Agency. The approach to the
mine must be paved.
4.
To reduce the risk of future
erosion hazards, exposed soils will be revegetated as soon as practical. Pit slopes,
protective berms slopes, catchment ditches, and site buffers shall comply
with Federal Mine Safety, Health Administration guidelines and local requirements.
5.
The north-south mapped
seismic hazard, which is topographically a low area, shall not be
disturbed as part of mining activities.
6.
Topsoil or other overburden having value for agriculture or other beneficial
uses shall not be removed or disposed of in a manner which will reduce its value
or prevent its future use.
Environmental
Health
7.
The New Shine Quarry operator will prepare and provide Jefferson County a copy of an Emergency Spill Response Plan. Any
accidental spills will require review under the Emergency
Spill Response Plan. Spill kits shall be available
on site and have the ability to be deployed anywhere within the mine.
8.
The approximate location
of the diesel fuel tank shall be identified on the site plan.
9.
The operator shall have a blasting plan reviewed and approved by Jefferson County prior
to drilling and blasting
of material. Included in that plan shall be a process
for contacting interested parties by maintaining a list of residents who wish to be contacted
prior to blasting. The blasting plan shall also include a complaint
response plan to facilitate citizen concerns as a
result of blasting.
Air
10.
Air quality impacts and mitigation associated with potential emissions from
on-site equipment shall be minimized by keeping vehicles
and engines in good repair,
using conveyor systems to transport rock, watering haul roads, vehicles and stockpiles
to minimize dust.
11.
The operator of the New Shine Quarry shall prepare
and have approved
by Jefferson County a complaint investigation and resolution plan to address air quality concerns
from the community.
Surface Water (streams and wetlands)
12. Any well(s)
drilled onsite must be reviewed
by the State Department of Ecology and the
State Department of Health for compliance
with applicable regulations.
13.
Wetland hydrology monitoring must be conducted
during Phase 1A and 18 to determine
if wetlands onsite, including
Wetlands A, C, D, and E, increase
or decrease in size as a result of
stormwater management (e.g., infiltration/dispersion trenches). This monitoring will be correlated
with how the trenches are functioning.
All wetlands that have been potentially indirectly affected will be re-delineated before Phase 1A or 2 commences, and the boundaries
will be confirmed by the County. New wetland boundaries will be surveyed
and documented in a revised
wetland report provided to Jefferson County for approval.
14.
An increase in size to Wetlands A, C, D, and E as a result of the infiltration/dispersion trenches may be used to satisfy
wetland mitigation requirements. However, the new wetland delineation must clearly reveal that wetland criteria have been met in these expanded areas, per
Jefferson County Code. Also, the trenches
must be functioning correctly and consistently so that
constant wetland hydrology is expected. Each larger wetland must also be rated again, now including the new area, and this information shall be included
in the revised wetland report. The proposal to use these areas as mitigation credit must be detailed in the Final Wetland Mitigation Plan. The new wetland areas
must be planted with native vegetation (if unvegetated or herbaceous only), and shall be included
in the wetland monitoring plan.
15.
Offsite critical areas mitigation shall be completed
in advance of any wetland
or buffer impacts. Onsite
critical areas mitigation shall take place concurrently or before Phase 2
commences.
16.
The Final Wetland Mitigation Plan
shall have a table that includes: wetland category, wetland buffer widths, wetland
buffer impact area, direct wetland
impact area, indirect
wetland impact area, wetland
mitigation area, proposed
onsite mitigation (acres), and proposed offsite mitigation (acres).
17.
The Final Wetland Mitigation Plan shall include the type of wetland class that is proposed for the onsite creation area;
planting details, including plant locations, species, densities, and
quantities; and justification for lost wetland
functions that will be mitigated.
18.
A contingency plan shall be included in the Final Wetland Mitigation Plan submitted for the
Phase 1A and Phase 2 mining activities. Contingency measures
should provide direction
in the event that a proposed
mitigation plan fails, or in case impacts are greater than anticipated.
19. A monitoring plan shall be included with the wetland mitigation plan submitted for Phase 1A and Phase 2 mining activities.
20.
A monitoring program for water quality
will be established and approved by Jefferson County. The monitoring program will include monitoring downstream locations
to ensure that surface water hydrology and in stream flows are maintained in accordance with JCC 18.30.070.
21.
The wetland mitigation plans and the mine reclamation plans shall be reviewed by Jefferson
County for consistency.
22.
Mining shall be limited to a maximum
depth of ten (10) feet above any documented
seasonal high water table, which shall be established and monitored pursuant
to standard techniques and verified through independent review as part of the groundwater monitoring program.
Plants and Animals
23. If during excavation or development of the site an area of priority
for rare plant or animal species is discovered, all activity
in the immediate area shall be halted, and the UDC Administrator shall be notified at once.
24.
A 50-foot wide vegetated buffer shall remain along all property lines that are not adjacent
to existing mineral resource
overlay zones or public roadways.
25.
A Habitat Management Plan in accordance with JCC 18.22.440
shall be prepared
by the operator and approved by Jefferson County describing the potential impacts
to animal migration routes and loss of animal habitat
as a result of the mining activities.
Traffic
26. The
applicant shall comply with WSDOT's access permit and any conditions for the
intersection of Shine Quarry Road/Rocktogo Road and SR-104.
27.
A monitoring program will be required to be conducted
annually in July. This program shall include a report that includes hourly vehicle volume,
vehicle classification and time gap studies. The report shall be conducted by an
independent traffic consultant. The study should occur over a seven
(7) day period. If findings show that truck volumes from the Shine Area quarries
reach 85% of the available gaps along SR-104, then WSDOT and Iron Mountain Quarry shall develop a mutually acceptable traffic
control, channelization and road
widening plan that safely
accommodates vehicle traffic from the Shine Area quarries and through volumes on SR-104, or
as otherwise approved by WSDOT
28. This proposal is for truck transportation of materials only. The operator may provide material to local markets serving local
demand; however, no export material
is to be transported via a marine transportation system.
Noise
29. Physical mining operations shall not take place prior to 7:00 AM or after 7:00 PM daily, unless extended hours of operation are authorized for emergency
purposes by Jefferson County.
30.
When blasting is to occur within 2,000 feet of any occupied
structure, a two-deck
blasting protocol will be used.
31.
Blasting can only occur during the hours of 7:30 AM and 3:30 PM and must be in
accordance with all state and federal regulations.
32.
Signs on-site shall be posted that prohibit
the use of jake brakes or compression brakes when entering or exiting the site.
33.
The applicant shall not use any equipment
that exceeds Washington Administrative Code
(WAC) Chapter 173-60 to any receiving property.
34. All
blasts shall be videotaped to ensure tight control is always maintained over rock projections.
Project Planner: David Wayne Johnson, 360-379-4465
SEPA Responsible Official: Stacie Hoskins, 360-379-4463