PORT LUDLOW — A judge has ruled that the Jefferson County Department of Community Development’s action in denying a permit to Iron Mountain Quarry was “arbitrary and capricious,” clearing a path for the construction of the quarry.
“The judge didn’t mince words,” said Iron Mountain Quarry LLC President Jim Burnett shortly after learning of the decision.
“It is rare for a judge to use the word ‘capricious’ when referring to a county government.”
The ruling on the process of denying a county permit for the proposed basalt rock mining operation was handed down by Kitsap County Superior Court Judge Anna Laurie on Tuesday.
The permit process now will begin again, with the county instructed to reconsider the application from the beginning.
The operation, New Shine Quarry, would be south of Port Ludlow, next to the existing Shine Quarry.
In an e-mail, Jefferson County Deputy Civil Prosecutor David Alvarez said, “The county is disappointed in the ruling but understands that it has to begin anew the environmental review of the IMQ application pursuant to the State Environmental Policy Act.”
Iron Mountain, of Bothell, first sought permits to open a basalt mine on a 142-acre parcel it leases from Pope Resources in 2007.
The county rejected the company’s permitting request on environmental grounds.
The company had spent more than $500,000 commissioning its own study that determined no adverse impact.
An independent environmental study has not been conducted on the site.
In her ruling, Laurie noted that Iron Mountain had made a considerable effort in determining environmental impact that the county did not properly consider.
Yakima Attorney Ken Harper, who was assigned to the case by its insurance company, said that the ruling will start the approval process anew, with people supporting or opposing the project having the opportunity to testify on the matter.
During this process, the county may reconsider the material it already has in its possession.
Laurie wrote that the 568-page IMQ application was considered for just 2.25 hours, which was “not a sufficient time to undertake review of such materials.”
Laurie said that counties cannot deny permits unless they have evidence of adverse impact and that Jefferson County did not spend enough time to gain such information.
She also criticized the county’s assertion that the county “would have done a better job documenting its analysis if it knew it would come under judicial review.”
Laurie found that the county may have had enough information to issue its Determination of Significance, which maintained that the quarry may have adverse environmental impact, but it made the ruling without considering that evidence.
Harper said that he did not know if the county would appeal the decision.
“The county owes IMQ fair consideration but has a greater obligation to the public at large,” he said.
Burnett said that he does not have a time line for the project but that it would take at least a year from breaking ground to mining rock.
He said that the duration of a construction project depends on conditions and when it commences, and the best time to begin construction is in the spring.
“I wanted to get this started in 2007,” he said.
“Right now, I have no clear idea when it will be up and running.”
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.
