PORT LUDLOW — The Port Ludlow Village Council will continue its legal fight against a proposed rock quarry near the community, no matter how long it takes, says Bill Brown, council spokesman.
“We’re going to continue to pursue legal action in different areas,” he said Wednesday.
“It will likely go on for a while, and we’re well-staffed for that, judging by the amount of people who have come out against it.”
Iron Mountain Quarry LLC — based in Granite Falls, north of Seattle — has proposed a basalt rock quarry on 142 acres of land about two miles southeast of Port Ludlow. It would be developed on land it leases from Pope Resources — the same company that developed Port Ludlow.
The Village Council filed a petition earlier this year questioning the rights of Iron Mountain quarry to develop in the area.
In November, Superior Court Judge Craddock Verser ruled that the Jefferson County hearing examiner was correct in giving the quarry permission to mine the land.
The hearing examiner’s ruling approved the request under the doctrine of diminishing assets, agreeing with Pope Resources that it always had the intent to mine the land, even before new Jefferson County land use codes were put into law.
Because Pope established it had intent during the hearing, it was ruled that Iron Mountain will not need to establish a mineral resource land designation, which would require an amendment to the county comprehensive plan.
More permits
However, the ruling doesn’t mean Iron Mountain can begin digging.
Stormwater permits must still be issued, a state environmental policy act review must take place, conditional use permits must be issued for the noise and dust, sand and gravel surveys must be completed by the state Department of Ecology and the state Department of Natural Resources must clear the land’s use.
According to Brown, the council intends to fight them at every step.
“We’re looking at three separate areas now,” he said.
“One is still the land use, one is the mineral overlay and another is the conditional use permit.”
On Monday, the county commissioners voted unanimously not to approve a mineral resource land overlay application which would have allowed the quarry to mine more than 10 acres at a time.
It is unknown if Pope Resources intends to challenge the decision.
Repeated calls to spokespeople at Pope Resources were not returned.
Since 1995, the county has required companies that want to mine more than 10 acres of land at a time to conduct mineral resources overlays.
Conditional use permit
Also, Pope is arguing they do not need to follow a county requirement and obtain a conditional use permit for the operation.
That case will be heard by Verser in February.
“We are supporting the county in the decisions,” Brown said.
“Iron Mountain claims they don’t need do these things, and we think they do.
“It’s our view that Iron Mountain has tried to come in here with a no-holds-barred approach.
“What we want is them to come in with conditions that don’t harm our county.”
Residents’ fears
Several Port Ludlow residents have showed up to council meetings to encourage the continued litigation. Fears of noise and pollution have been among the top concerns.
“It goes beyond just noise,” Brown said. “We’re concerned about air quality, how it’s going to affect the aquifer, wind conditions from removing a buffer, value of land.
“The county might have to pay for roads, which goes to taxpayers.”
At a council meeting earlier this year, Al Scalf , director for the Department of Community Development, said it was still unclear how much land Iron Mountain plans to develop.
“I don’t know if they are going to ask for 148 acres or 40 acres,” he said.
Tony Simpson, vice president of the council, said the problems could be boiled down to two main concerns.
“First of all, it’s because they don’t want to have quarrying done around here,” he said.
“This is a retirement community, not an industrial area.
“Also, Pope hasn’t told us what exactly they are going to do.
“Towns like ours can get hung out to dry by these kinds of laws that allow it to happen.”
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.
