PORT TOWNSEND — A visiting Kitsap County Superior Court judge has ruled in favor of a decision that allows Fred Hill Materials to expand gravel mining gravel at its site south of state Highway 104.
Judge Anna Laurie affirmed a 2004 Western Washington Growth Management Hearings Board finding that a Jefferson County-approved 690-acre mineral resource land overlay for Fred Hill Materials complies with the state Growth Management Act.
She signed her decision and published it Friday in Jefferson County Superior Court.
The petitioners — Hood Canal Coalition, Olympic Environmental Council, Jefferson County Green Party, People for a Livable Community, Kitsap Audubon Society, Hood Canal Environmental Counsel and People for Puget Sound — had challenged the hearings board’s decision, filing a Jefferson County Superior Court lawsuit against Fred Hill Materials and Jefferson County.
The petitioners have until Nov. 26 to file an appeal with the state Court of Appeals.
Laurie said that the environmental groups tried to tie the comprehensive plan overlay to Fred Hill Materials’ pit-to-pier project — a controversial plan to build a 4-mile-long conveyor belt from the company’s Shine gravel pit to a 1,000-foot dock to move gravel to ships in Hood Canal.
The comprehensive plan amendment requires far less environmental review than the pit-to-pier project itself, Laurie said.
David Alvarez, Jefferson County deputy prosecuting civil attorney, said Friday that he was pleased with the court’s decision.
The county was named as a respondent in the case. Jefferson County commissioners had approved on Dec. 9, 2002, the 690-acre Mineral Resource Land Overlay for Fred Hill Materials.
A Fred Hill Materials spokesman also praised the decision.
‘Responsible steward’
“This ruling is another clear example that Fred Hill Materials is a knowledgeable, responsible steward of the environment, and has complied with environmental rules and regulations,” said Dan Baskins, Fred Hill Material project manager.
“This ruling is also a call for hard-working citizens of Jefferson County to rise above obstructionists who simply oppose, oppose and oppose projects that benefit everyone.
“Sand and gravel is a basic commodity, half of which is used to build our schools, roads, bridges and other public projects.
“Securing a domestic-based source like Shine for local and regional needs lowers costs for taxpayers, creates union-wage jobs, and lightens the load on our strapped building industry.
“Times are tough. We need to get our economy moving and be mindful of the environment. We can do both. It’s essential we do both.”
The overlay is tangential to Fred Hill’s proposed pit-to-pier project, which the county is assessing separately from the land overlay.
Fred Hill submitted applications to Jefferson County planners in 2003 for zoning, substantial development and shoreline permits allowing it to construct the conveyor that would take gravel to barges in the Hood Canal.
The Poulsbo-based company employs about 150, including 40 percent who live on the North Olympic Peninsula.
John Fabian, a Port Ludlow retired astronaut and spokesman for Hood Canal Coalition, was unavailable for comment.
Hood Canal Coalition appealed the Western Washington Growth Management Hearings Board decision in February 2003.
The pit-to-pier project has long been opposed by the Hood Canal Coalition and Olympic Environmental Council, environmental groups that fear the company is industrializing Hood Canal.
In the past, Fabian has also voiced concerns about additional Hood Canal Bridge openings and closings with the additional shipping traffic.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsula dailynews.com.
