State upholds county on Shine Pit vote

By Barney Burke
Port Townsend Leader Staff Writer

October 20, 2004

Port Townsend, WA - The Western Washington Growth Management Hearings Board has upheld Jefferson County's designation of 690 acres of Mineral Resource Lands (MRL) for the Shine Pit sand and gravel mine operated by Fred Hill Materials.

The Oct. 14 decision is a "complete victory" for the county, Chief Deputy Civil Prosecuting Attorney David Alvarez said. It shows "You can't replace a local government's judgment on what an EIS [environmental impact statement] should

include," he noted.

Although the decision upholds the land use designation, the permitting process for a proposed four-mile conveyor system and 990-foot pier to transport sand and gravel to barges and ships is years away. That decision is in the hands of state and local non-elected officials, and the Jefferson County Board of Commissioners has tried to distinguish that action from the MRL designation.

The environmental impact analysis on the MRL "did not comply with the State Environmental Policy Act [SEPA]," the hearings board commented in its 23-page decision. However, "We find that the county's [revised] environmental analysis, though less than ideal, complies with the requirement of SEPA for comprehensive plan amendments."

Similarly, the board noted that the county's initial refusal to allow public comment on the supplemental environmental analysis "failed to comply with the public participation requirements [of SEPA]," but that error was cured by subsequently allowing public comment.

"The hearings board affirmed that the county commissioners acted in accordance with GMA [the Growth Management Act]," FHM Project Manager Dan Baskins said. "Fortunately for the citizens of Jefferson County, the county commissioners did their job responsibly, diligently upholding laws that preserve vital mineral resources for future generations."

Baskins noted that Shine Pit has been in operation since 1959, and FHM has operated it since 1976. "Reasonable people realize that we all need and use sand and gravel," he said.

"It's a bit disappointing," said John Fabian of the Hood Canal Coalition. He took solace in the board acknowledging some of the issues his group raised even though they found that those issues were not enough to overturn the county's December 2002 decision.

Fabian said the coalition hasn't yet discussed what options it may pursue at this point, but he was optimistic about the support of U.S. Rep. Norm Dicks (D-Belfair), who reiterated his opposition to the project at a Democratic Party rally here Oct. 17.

Meanwhile, the group is scrutinizing an application by FHM to expand its current mining area of 144 acres by an additional 10 acres.