PORT LUDLOW — Iron Mountain Quarry LLC can begin applying for permits to mine basalt near Port Ludlow.
A ruling by Jefferson County Superior Court Judge Craddock Verser found that the company does not need to jump through an additional hoop by obtaining a conditional use permit.
What the company will need to do before digging is apply for a collection of other permits — a process Verser felt made the need for a conditional use permit facetious.
“There are ample protections afforded to the county under its general permitting authority including SEPA to [ensure] that concerns relating to off-site effects of any mining are addressed and that the public is protected from possible adverse impacts,” Verser wrote in the opinion released on Thursday.
“A conditional use permit requirement is not appropriately one of those regulatory mechanisms available to the county.”
Storm-water permits must still be issued, a State Environmental Policy Act review must take place, conditional use permits must be issued for the noise and dust, sand and gravel surveys must be completed by the state Department of Ecology and the state Department of Natural Resources must clear the land’s use.
In March, Deputy Prosecuting Attorney David Alvarez, argued that the county was simply applying its laws as stated.
On Thursday, Alvarez said he wasn’t surprised by the ruling.
“The county code needs to be re-examined,” Alvarez said.
“Because they already have a nonconforming use permit, we can’t ask them for another permit.”
Iron Mountain and the county have gone to court once before over the mine.
In November 2008, Verser ruled that the county hearing examiner was correct in giving the quarry permission to mine the land.
The hearing examiner’s ruling approved the request under the doctrine of diminishing assets, agreeing with Pope Resources that it always intended to mine the land — even before new Jefferson County land use codes were put into law.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.
