PORT TOWNSEND — A Superior Court judge, or judges, from a pool of 11 — three in Clallam County and eight in Kitsap County — will preside over hearings in the lawsuit Iron Mountain Quarry has filed against Jefferson County.
Court Administrator Michelle Moore and county Chief Deputy Civil Prosecuting Attorney David Alvarez said Thursday that one or more visiting judges would be chosen, depending on court scheduling, after Jefferson County last week filed an affidavit of prejudice against Jefferson County Superior Court Judge Craddock Verser.
Under state law, that means Verser is pulled off the case in which Iron Mountain Quarry, now known as New Shine Quarry, seeks a judgment against the county’s Department of Community Development.
“It was just a decision that it would best serve the county in this complex land issue to have someone other than Judge Verser to decide this,” Alvarez said.
Environmental review
The county department determined that an environmental impact review and determination was necessary for the company’s proposed 142-acre basalt mining operation on leased Pope Resources property south of Port Ludlow and north of state Highway 104.
Jim Burnett, owner of Iron Mountain Quarry contends there would be no significant environmental effects from the project.
He said he has spent more than $500,000 for environmental studies that come to that conclusion.
Verser has a history of ruling in favor of the Iron Mountain proposal.
In November 2008, Verser ruled that the county hearing examiner was correct in giving the quarry permission to mine the land.
In April 2009, the judge ruled that Iron Mountain would not need a conditional use permit to begin mining.
He also said that the mine would need storm water permits, a State Environmental Policy Act review, conditional use permits must be issued for noise and dust, sand and gravel surveys by the state Department of Ecology and clearance for mining use by the state Department of Natural Resources.
Jefferson County Department of Community Development has identified ridgeline and soils, dust, surface water including streams and wetland, groundwater, plants, animals, traffic, flying rock during blasting, noise, vibration, land use and aesthetics as needing further discussion in an environmental impact study.
The company seeks a storm water permit through the State Environmental Policy Act, or SEPA.
Next visiting judge in June
Alvarez said the visiting judges come each month and the next was scheduled in late June.
He said more than one judge could be assigned to hear the case, if scheduling required it.
Moore said a judge had not yet been assigned to the case.
Attorney Kenneth Harper of Yakima filed the affidavit of prejudice last week on behalf of county Planning Manager Stacie Hoskins, who is the county’s SEPA manager who issued the county Department of Community Developments position regarding Iron Mountain Quarry.
Harper’s filing stated that the county “cannot have a fair and impartial trial if this case is conducted, heard or determined” by Verser.
Iron Mountain seeks court review of DCD’s “determination of significance,” calling it an “illegal, arbitrary an capricious government action.”
The company seeks damages and recovery of attorney fees, court records state.
Iron Mountain contends that the county reviewed the adjacent Shine Quarry operations expansion request from 20 to 40 acres in 2004 and did not require a SEPA review.
Questions raised
Many Port Ludlow residents voiced concern over key issues asked of the Pope Resources staff, including potential noise, dust, increased traffic and possible contamination of the local aquifer.
Burnett, during a public forum in Port Ludlow addressed resident’s concerns, saying they had nothing to worry about.
Burnett said concerns about dust were not under county jurisdiction but rather that of the state’s Olympic Region Clean Air Agency, which enforced, federal, state and county air quality laws.
The company was meeting state regulations regarding the protection of streams and wetland, and did not fall under an environmental impact statement the county requires, he said.
He said the company’s contracted independent studies found that there was no impact on groundwater in other wells on adjoining properties. There would be no effects on animals or plants, the company’s contracted studies concluded.
Traffic was not a safety issue because the company’s trucks would all use state Highway 104 to ship rock.
Flying rock during blasting was not an issue either, he said, although the county cited it as needing review, Burnett said.
The project would create more than 30 family-wage jobs, Burnett said.
Considerable storm water ponds still need to be built and a logging plan needs to be coordinated with property owner, Pope Resources.
Burnett voiced concerns that the project would be delayed beyond the original date of opening next spring.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.
