PORT TOWNSEND — A company denied a stormwater permit by the Jefferson County Department of Community Development has filed a lawsuit asking the court to force the granting of the permit and the commencement of a gravel mining operation near Port Ludlow.
Lawyers for Iron Mountain Quarry Inc. called the county’s decision “arbitrary and capricious.”
Iron Mountain seeks to develop the 142-acre New Shine Quarry. It leases from Pope Resources 182 acres near Port Ludlow, including the 40-acre Mason/Shine Quarry.
Environmental impact statement
Jim Burnett, Iron Mountain Quarry Inc. owner, said last month he planned to sue after the county issued a document calling for a full environmental impact statement.
The company said it has been treated unfairly and inconsistently.
Burnett said in March that the company had spent more than $500,000 on independent environmental studies that determined there would be no significant environmental effects from the proposed operation.
County officials however, say that the company has not proven that its facility will not adversely affect the environment.
Many residents of Port Ludlow have voiced concern at public meetings over potential noise, dust, increased traffic and possible contamination of the local aquifer.
The case will have its first hearing in Jefferson County Superior Court on April 30.
County decision
The suit, filed April 6, was prompted by a document called a determination of significance, which the county community development department issued in March.
By not issuing a stormwater permit, the county effectively stalls the project.
“We have seen their analysis and have done our own,” Al Scalf, director of the county community development department, said.
“We still have a lot of questions about the impact of this project on the community.
“We cannot grant the permits at this time,” he said.
The county is now requiring the mining company to develop a full environmental impact statement, or EIS.
Keith Moxon, attorney for Iron Mountain, argued that an EIS is not necessary, since the company has provided all the information such a report would contain.
Scalf said that’s not true.
“They have provided us with their own reports prepared by their own consultants,” he said.
“This is not the same as an EIS.”
The areas called into question include impacts on habitat, noise, and traffic.
In all categories, Iron Mountain has provided information that leads to the conclusion that the quarry would not adversely affect the environment and that it would fit into the community.
In all categories, the county has not accepted Iron Mountain’s conclusions.
“We are not convinced that the impacts of the operation on the environment can be mitigated,” Scalf said. “If this can be proven to our satisfaction we will grant the permit.”
In its lawsuit, Iron Mountain minimizes the potential adverse effect.
“Only three issues [fly rock — fragments of rock scattered during quarrying — dust and vibration] have not been specifically addressed [by Iron Mountain],” the complaint says.
“There is no evidence that any of these issues pose the risk of probable significant impacts on the environment,” it continues.
Iron Mountain maintains that blasting vibration will be infrequent and barely noticed by residents.
The complaint goes on to say “there is no competent evidence to support Jefferson County’s conclusion that these issues require further analysis in an EIS” and “the county’s threshold determination constitutes willful and unreasoning action in disregard of facts and circumstances.”
The permit process for the facility began in May of 2007.
The complaint asks the court to compel DCD to issue the permit and does not request specific monetary damages but requests that costs and fees be considered in the verdict.
For this reason, the county’s legal representative will be assigned from a group of “risk pool” attorneys who handle these cases for counties statewide.
Chief Civil Deputy Prosecuting Attorney David Alvarez said that the attorney who has represented the county in the past has a conflict in this case, and another attorney will be selected next week.
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Jefferson County reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
