Editors note: According to Kyle Dodd, San Juan County Environmental Health Manager Hearings Examiner hearing will be scheduled for August if a settlement between the parties can not be reached.
A portable readi-mix concrete plant at Olerin Business Park, off of Beaverton Valley Road, proposed by Beaverton Valley Holdings has received a Mitigated Determination of Non-Significance and a hearing will be scheduled before the hearings examiner. Neighbors have been concerned, six of whom appeared before the County Council May 14 to speak during public access time.
“Pouring concrete is my favorite part of building because it’s where dreams meet reality; months of drawings, client-contractor negotiations and bank financing resolve with the foundation. That said, it is a messy process at the plant and home site,” Gay Wilmerding who has lived in the area for several decades, told the council. “With respect to the application for a third cement plant on the island above Beaverton Valley Road, please consider the neighborhood, compatibility and environmental impact.”
One critical issue for the neighbors who spoke is the impacts the plant may have on wells and surrounding wetlands and at least one stream.
“There is a stream that runs through my property, the business park and into False Bay Creek. I have worked with the Conservation District, the Land Bank and the Preservation Trust on the restoration of False Bay Creek, so I know all the problems it faces. I don’t think adding a batch plant upstream of it is a good idea,” Yuki Wilmerding explained to the council. False Bay Creek.
According to Mitchell Carlson, Vice President of Carlson Enterprises, they have an engineered water recycling and reclamation system and full water rights to their existing well as well as state-of-the-art dust collectors. “The Department of Ecology has issued all environmental permits for our operation except one which we understand will be issued shortly,” he added. That permit, a Sand and Gravel General permit was issued on May 21. Staff at Ecology stated that the permit conditionally authorizes the discharge of stormwater and process water (water used as part of their business operations) from their facility to surface waters. Under this permit, the permittees must follow inspections, including:
Inspect oil water separators once a month during the wet season
Inspect all equipment and vehicles weekly for leaks
Daily visual monitoring for oil sheen at all discharge points, and monthly visual inspection of all discharge points for changes in turbidity or color
One wet season and one dry season inspection per year
Generally speaking, according to Ecology staff, facilities under this kind of permit We expect facilities covered by this permit to manage their stormwater and any process wastewater, as well as control dust and sediment. We require facilities to implement a suite of best management practices to protect water quality. These include developing a site management plan; conducting inspections; conducting quarterly water quality monitoring and reporting results to Ecology; storing all chemicals in secondary containment to reduce the risk of leaks or spills; managing sediment track out; controlling dust; using a lined impoundment to handle concrete wastewater and treating concrete wastewater so the discharge of process water will meet effluent limits.
The plant is portable, and Ecology staff told the Journal “This permittee has stated they have no intention of moving their facility. That said, the permit does require a portable operation to update their permit coverage before starting operations at a new location. We have informed the permittee of these requirements. Currently, the facility’s permit coverage only applies to the [current] location.”
Traffic is also a concern of the neighbors, some who have young children and many who have lived in the area for decades. In response, Carlson stated that “they will have many fewer trips in and out of the site than the FedEx facility that is located next door which has trucks entering and leaving on a more or less constant basis.”
There are two cement plants on San Juan, and some have questioned whether a third is necessary. Carlson explained that San Juan County currently has very few producers of concrete and the existing concrete plants do not have the state-of-the-art environmental systems that our plant will have.”
He added that there are also few producers of finished concrete. “Competition in this industry is needed in order to provide for economical construction on the island. One of the things we hear from our customers and neighbors is the high cost of construction in the islands,” Carlson said. “That [high] cost … is preventing families from being able to find affordable homes.”
The demand for concrete, he continued, is largely a function of the number of projects permitted in the county. “We do not expect our plant to increase the overall production of concrete on the island, but we are confident that our product will be cost-competitive and the quality of our product will exceed that which is produced in our competitor’s plants. The state-of-the-art plant is brand new and is portable and can be reassembled at site locations if needed for large onsite batches.”
The Neighborhood Legal Compliance Watch, a group of concerned Beaverton Valley residents, has appealed the Mitigated Determination of Non-Significance, and filed a Supplemental Appeal filed by the Neighborhood Legal Compliance Watch, with a memo from Marc Santos to Kyle Dodd, San Juan County Environmental Health Manager Feb. 27 as an exhibit.
Santos began by writing:
“I did do a bit more research on this issue since being looped in on this topic. I am quite concerned for a number of reasons and believe it would be both a violation of 03CU004 Condition of Approval 5(b) without a conditional use permit in addition to being concerned for public safety. The latter issue is raised because there is much documentation on the pollution (mercury, lead, and other heavy metals) associated with concrete batch plants and the site is within 400 feet of County offices, within 600 feet of the county’s 1s t affordable housing project permitted as a residential cluster development (Leaward Cove), within one mile of the Friday Harbor High School, and within two miles of Friday Harbor Airport.”
“Barring the public health concerns, there appear to be some unaddressed regulatory issues concerning any development on the parcel, let alone the development of a concrete batch plant that revision of a SEPA determination doesn’t appear to satisfy….While SEPA provides a venue for environmental protection, there are other considerations that appear unaddressed that are outside the purview of SEPA.”
Santos concluded, “I’m interested in understanding this issue further so I’m definitely open to anything I missed or misread.”
The MDNS was approved April 1. Dodd told the Journal later that he “acknowledged that he was aware that staff person, who did not have all the details about the proposal had formed differing opinions.” Dodd added that it his reading of the existing CUP and BSP indicated that the lots were approved for industrial use, such as a concrete batch plant. “With mitigation, we did not believe the plant would have a significant impact,” Dodd said, provided they obtained and complied with the necessary state permits. The facility has obtained both an air quality permit and a sand and gravel permit from the Department of Ecology. The air quality permit places controls on the emissions from the facility which has a powered dust collection system and filter. The sand & gravel general permit includes a Stormwater Pollution Prevention Plan and requires monitoring to ensure that there is no contamination of surface or groundwater.
After individuals had spoken at the council’s public access time, the Chair Jane Fuller explained to the crowd that permits working their way through the DCD were not something the council deliberates on “There are other outlets for public participation, “ she said, noting that the public comment period for the SEPA review on this particular project ends May 15, the day after the council meeting. “The Hearings Examiner will hear the appeal and make a ruling. The public is invited to attend and participate.” There will be a notice in the legal section of the newspaper when a date is set. “We don’t normally comment on this but we thought it would be helpful,” Fuller concluded.
The council, according to Dodd does weigh in on long-range planning issues, reviews the Comprehensive plan for example, and hears property redesignations. Dodd also explained to the Journal later that at the Hearings Examiner hearing, the public will have the opportunity to tune in but only the involved parties; the applicants and the appellants will testify.
Comments addressed to Dodd before the May 15 deadline are forwarded to the hearings examiner for review.
Should the Hearings Examiner’s decision be appealed, that appeal goes to Superior Court.
“Mike Carlson Enterprises has a long history of supporting this community and taking the concerns of our neighbors to heart in every project we undertake.,” Carlson told the Journal. “We look forward to supplying our neighbors with the most cost-effective, environmentally responsible, and high-quality concrete.”
Juniper Mercer, owner of property below the proposed project said. “The neighboring property owners feel that this should have been scrutinized with the proper protocol for developing such an intrusive business. Which means obtaining a current conditional use permit, not a wink and a nod. This will dramatically impact the lives of everyone around it. I’ve been here for 27 years, The Eggenbergers have been here for 51 years, and there are many more that have been in The North Forty and at the end of Lampard, for 30-plus years. We deserve care and protection from our county officials.”
