SEPA Part 2: Activities after 13-Dec-2010

(Date County Appeal of Restart was Denied)

On March 22, 2010, the Jefferson County Department of Community Development (DCD) made a SEPA “determination of significance” (DS) for the Iron Mountain Quarry (IMQ) storm water permit application.

On April 7, 2010, issuing a constitutional writ of certiorari seeking court review, IMQ appealed Jefferson County’s administrative DS. The matter came before the Kitsap County Superior Court, Judge Anna M. Laurie presiding.

On October 5, 2010, the court found for IMQ. It ordered that the decision of the Jefferson County’s DS, which required an Environmental Impact Statement (EIS) is vacated. This matter was remanded to Jefferson County for further proceedings not inconsistent with this Court’s Memorandum Opinion to include further action of making a determination on the IMQ application in compliance with SEPA policy. Jefferson County appealed for discretionary review of this decision but the appeal was denied on December 13, 2010.

On October 27, 2010 Jefferson County issued a Notice of Vacation of its DS and a pending new threshold determination. In effect, the SEPA process was restarted.

Administrative and Legal PRR Materials 

Volume 4: PRR Materials re SEPA Process Restarted 13-Dec-2010

Pre-Release Draft of Jefferson County Public Notice Of Type I Land Use Application and Pending SEPA Determination MLA10-00072

This project requires:

  • Stormwater Management Permit (in accordance with Jefferson County Code Title 18) with a SEPA Threshold Determination from Jefferson County,
  • NPDES permit from the Washington Department of Ecology (Ecology),
  • Reclamation Permit from the Washington Department of Natural Resources (DNR), and
  • Jurisdictional Determination from the U.S. Army Corps of Engineers.

The following additional permits/approvals may be needed:

  • Hydraulic Project Approval from the Department of Fish and Wildlife,
  • Section 404 Permit from the U.S. Army Corps of Engineers, and
  • Section 401 Water Quality Certification from Ecology.

Special Studies Provided by the Applicant as listed in Jefferson County Notice:

  1. Shine Quarry Phase 1A Drainage Control Report dated February 22, 2010 by Layton and Sell, Inc. P.S.
  2. Addendum 1 to Shine Quarry Phase 1 dated May 25, 2011 by Layton and Sell, Inc. P.S.
  3. Potential Air Quality and Wind Effects of New Shine Quarry Operations dated February 28, 2011 by Envirometrics Inc.
  4. Geologic and Geohazard Assessment dated February 26, 2008 by AMEC
  5. Geologic Assessment dated February 16, 2011 by AMEC
  6. Hydrogeology Report dated June 16, 2009 by Environ
  7. Critical Aquifer Recharge Area Report for the New Shine Quarry dated February 2, 2010 by Environ
  8. Response to Groundwater Issues Raised by the County dated March 3, 2011 by Environ
  9. Existing habitats, plants and animals at the proposed New Shine Quarry site in Jefferson County. Washington dated January 13, 2009 by Environ
  10. Updated Community Noise Assessment for the Proposed Iron Mountain Quarry dated March 2011 by AMEC (pp 4-58 updated Aug-2011. Unavoidably includes #20 due to password secured PDF)
  11. Blasting Noise and Vibration Analysis dated April 25, 2011 by Austin Powder
  12. Visual Impact of the Proposed New Shine Quarry dated November 24, 2009 by Centre Point Consultants, Inc. P.S.
  13. Supplemental View Impact Analysis dated February 3, 2011 by Robert Hanson and Centre Point Consultants, Inc. P.S.
  14. Iron Mountain Quarry Traffic Impact Analysis dated December 3, 2009 by Transportation Solutions, Inc.
  15. Iron Mountain Quarry Traffic Impact Analysis revised July 2011 by Transportation Solutions, Inc.
  16. Wetland Mitigation Sequencing Analysis dated February 2010 prepared by Gordon Derr
  17. Conceptual Wetland Mitigation Plan and Indirect Impacts Analysis dated February 18, 2010 by Environ
  18. Addendum to Wetland Delineation and Inventory Report for New Shine Quarry dated June 13, 2011 by Environ
  19. Response to comments from Michael Minor and Associates on the Community Noise Assessment for the proposed New Shine Quarry dated August 31,2011 (pp 1-3. Unavoidably includes #10 due to password secured PDF)
  20. New Shine Quarry Blasting Impacts dated September 2011

Record of Cause 10-2-00181-5 Pope-IMQ Writ Against JeffCo

JeffCo’s Final SEPA Mitigated Determination of Non-Significance, Binder, and Issuance of IMQ NSQ Storm-Water Permit

Resolution of Writ of Certiorari