copenhaver portable #3 application

General Order Application: Stationary and Portable Rock Crushers DEPARTMENT OF

ECOLOGY State of Washington

I. INSTRUCTIONS

This application applies statewide for facilities under the Department of Ecology's jurisdiction. Fill out the form completely in order to obtain coverage.

D Read the Stationary and Portable Rock Crusher General Order. You can find it online at https :// ecology. wa. gov /Regulations-Permits/Permits-certifications/ Air-Ouali ty-permits/ Air-qualitygeneral-orders, or call the appropriate regional office (see below) for a copy.

D Fill out the application completely, sign it and date it.

D Enclose a check to the Department of Ecology for the application fee.

State Environmental Policy Act (SEP A) Compliance

0 $500 application fee if SEPA review is complete - fuclude a copy of the final S,E_PA checklist and SEPA determination ( e.g. DNS, MDNS, EIS) with your application. t,)

D$785 application fee if SEP A review is required - If SEP A review has n,~t be~ft; conducted, please fill out a SEP A checklist and submit it with your application. You can find a SE-PA checklist online at https :/ Iecology. wa. gov /Regulations-Permits/SEP A/Environmental-review /~EPA-guidance.

D Mail the complete application package to: Department of Ecology r-. -.-.-.p;/f;'1;;~1ojj,,~; 'fis~· o~i;.:-. -.-.-.~ Cashiering Unit

1• 001-NSR-216-0299-000404 P.O. Box 47611 I

I

Olympia, WA 98504-7611• • - • - • - •- • - • - • - •- • - •-. - • - •- •- •- • -• - , - • - • - • -• - ,I

Check the box for the location of your proposal or if operating as a portable source, the next location you will operate your rock crusher. For assistance, call the appropriate office listed below:

□ Chelan, Douglas, Kittitas, Klickitat, or Okanogan County

Ecology Central Regional Office (509) 575-2490 CRO

Adams, Asotin, Columbia, :Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Stevens, Walla Walla, or Whitman County ERO Ecology Eastern Regional Office (509) 329-3400

□ San Juan County

Ecology Northwest Regional Office ( 425) 649-7000 NWRO

□ For actions taken at Kraft and Sulfite Paper Mills and Aluminum Smelters only

Ecology Industrial Section (360) 407-6900 IND

□ For actions taken on the US Department of Energy Hanford Reservation only

Ecology Nuclear Waste Program (509) 372-7950 NWP

AUG 24 2022 ECY 070-237 (Rev12/2018) of 4

461W2292

II. COMPANY INFORMATION

1. CompanyName: Copenhaver Construction, Inc. 2. Company Mailing Address (street, city, state, zip):

22393 State Route 2 East Creston, WA. 99117 3. Company Contact Person, Title:

Greg Kane Office Mgr. 4. Company Phone Number:

509-636-2800 5. Company Fax Number:

509-636-2310 6. Contact Person Phone Number:

509-636-2800 7. E-Mail Address:

[email protected]

III. PLANT INFORMATION 1. Plant Name (A separate application must be filled out for each plant):

Portable# 3

2. Plant Operator:

Wes Orr

3. Plant Operator's Cell Phone Number:

208-301-0394 4. Plant Capacity (Tons per hour):

300 5. Maximum Plant Hourly Capacity (Tons per hour):

600 6. Are water spray bars or equivalent installed at all crusher discharge points and before all fines drop points?

~Yes □No

7. Will the plant be located a minimum of 150 feet from the property line?

~Yes □No

A. STATIONARYPLANTS

Ocheck this box and fill out this section if you are initially locating your rock crusher as a stationary source.

1. Facility Location (If different from company mailing address): 2. County:

3. Do you have pressurized line water supply?

OYes □ No

4. Will line power be used? LJYes LJNo

(If line power is not used, a separate Notice ofConstruction air quality permit is required for power generators.)

ECY 070-237 (Rev12/2018) of 4

B. PORTABLEPLANTSIV jCheck this box and fill out this section ifyou are initially locating your rock crusher as a portable source

1. Temporary Location Information (Please include information for your next anticipated operating location):

Quantity ofMaterial to be Produced: 150,000 tons

8/22/2022 9/30/2022Intended Dates of Operation: From: To:

Site Name: Loon Lake Rock Pit County: Stevens

Legal Description: Quarter N/W ; Section 28 · Township 30N ; Range 41 E--' 2. Provide manufacturer's specification information on any power generators listed below. Attach additional

sheets if there are more than 4 units.

2a.

Engine manufacturer:

Model:

Year of manufacture:

Serial number:

Engine size:

Max electrical output

Height of exhaust stack:

Fuel:

Maximum hourly fuel:

2c.


Model:


Serial number:

Engine size:

Max electrical output

Height of exhaust stack:

Fuel:

Maximum hourly fuel:

CATERPILLAR

3516

1990

73200402

1615 hp 1200 kWe 12 feet DYED DIESEL

50 gal/hr

hp

kWe

feet

gal/hr

2b.


Model:


Serial number:

Engine size: hp

Max electrical output kWe

Height of exhaust stack: feet

Fuel:

Maximum hourly fuel: gal/hr

2d.


Model:


Serial number:

Engine size: hp

Max electrical output kWe

Height of exhaust stack: feet

Fuel:

Maximum hourly fuel: gal/hr

3. Do you have a stationary water storage tank, separate from your primary water truck? 0Yes ~No

Ifyes, what is the storage capacity of your water storage tank? gallons

Note: Ifyou do not have a stationary water storage tank separate from your primary water truck, you will need to have a pressurized line water supply available at every location you operate.

ECY 070-237 (Rev12/2018) of 4

IV. EQUIPMENT INFORMATION f f)~~fvVl 1 (Use a separate sheet if additional equipment not listed below is used at this rock crushing plant.)

Process Equipment Description

(Manufacturer, model, size)

Identification (Equipment ID

or serial number)

Date Purchased

Capacity (Tons per hour or as

noted) 1. Primary jaw

crusher

2. Scalping screen

3. Secondary crusher

4. Sizing screen

5. Tertiary crusher

6. Fines screen

7. Aggregate storage bins (If applicable)

8. Portable water storage (Water truck)

(gallons)

9. Conveyors (Use separate sheet to list all)

10. Other equipment

(Add additional sheets as necessary) 11. Other equipment

12. Other equipment

V. SIGNATURE BLOCK I certify, based on infonnation and belief fonned after reasonable inquiry, the statements and infonnation in this application are true, accurate, and complete.

To request ADA accommodation, call Ecology at (360) 407-6800, 711 (relay service), or (877) 833-6341 (TTY).

ECY 070-237 (Rev12/2018) of 4

Portable# 3 Equipment List Mach ID#

2017 KPI 3055 Vanguard Jaw Crusher & FabTec 3055 Jaw Plant 56-16

2017 FabTec K400 Cone Plant JCI Kodiak Cone Crusher 56-17

2017 FabTec K400 Cone Plant JGI Kodiak Cone Crusher 56-18

2017 FabTec 8x20 Finish Screen & JCI 8x20 TD Screen 57-10

2017 FabTec 8x20 Finish Screen & JCI 8x20 TD Screen 57-11

2017 FabTec 8x20 Scalp Screen & JOI 8x20 TD Screen 57-12

2017 FabTec 42"x50' Stackable Receiving Conveyor 59-34

2017 F"abTec 36"x50' Stackable Field Conveyor 59-25

2017 FabTec 36"x50' Stackable Field Conveyor 59-16

2017 FabTec 36"x50' Stackable Field Conveyor 59-7

2017 Fa.bTec 3.6"x50' Stackable Field Conveyor 59-2

2017 FabTec 36"x15' Cross Conv1;;yor 59-11

2017 FabTec 36"x15; Cross Conveyor 59-20

2017 FabTec 30"x15' Cross Conveyor 59-29




2017 FabTec 30''x35' Cross Conveyor 59-65


2017 FabTec Heavy Duty 45 Yard Load Out Bunker 62-08

0

STEVENS COUNTY LAND SERVICES TYPE 2 ADMINISTRATIVE DECISION

ADMINISTRATIVE CONDITIONAL USE ACU 2019-010

A. PROJECT SUMMARY

Applicant: lntermountain Evergreen, LLC File No: Administrative Conditional Use ACU 2019-010

Description of Proposal: to expand an existing sand and gravel operation from approximately 20 acres up to approximately 48 acres in the Rural Area 5 zone. Proposed uses and activities that may occur include rock extraction, crushing/screening, intermittent asphalt production and/or stockpiling materials. An asphalt plant may be used on a temporary basis.

Location of Proposal: Portions of the NWl/4 and of the SWl/4, lying East of the Railroad and West of Lyon and Moss County Road in Section 28, Township 30 North, Range 41 East, W.M., in Stevens County, Washington. Tax Parcels #5277800, #5278100, #5279050 and #5279000. Site Address: 4072 Hwy 292, Loon Lake, WA.

B. DECISION The Stevens County Land Services Planning Division grants approval to the request, subject to the Conditions of Approval.

C. AGENCY COMMENT

Comments were received from the Stevens County Building Division, WA Department of Ecology and the WA Department of Natural Resources. Agency comments are summarized as follows:

DNR, Surface Mining: no comment regarding SEPA review or proposed expansion WDFW: no comment, Hydraulic Project Approval is not required for the proposed project DAHP: known archaeological resources within vicinity; project area has potential for additional archaeological resources; archaeological survey and consu ltation with tribes recommended Colville Tribe: seeking additional information regarding project WSDOT: project site has two grandfathered accesses; an updated access permit is required

Response: The applicant is required to obtain all applicable permits and approvals pertaining to surface mining and construction from local ond state agencies. The Tribal representative was directed to the Land Services website for information regarding the project. No further response was received from the Colville Tribe. The applicant has submitted a copy of an Archaeological Findings Contingency Statement regarding the protocol for inadvertent discovery submitted to the DNR.

D. PUBLIC COMMENTS Comments were received from interested parties and property owners within the area. A summary of the comments and the County and Applicant's responses is attached to this decision.

E. FINDINGS OF FACT The findings for this decision area as follows:

1. Pursuant to sec 3.30.100, the application and applicable fee were submitted on August 19, 2019. 2. Pursuant to sec 3.30.120, 45 notices were sent to adjacent property owners within 300 feet, service

providers and agencies on September 6, 2019.

Building Division: (509) 684-8325 Planning Division: (509) 684-240 I FAX: (509) 685-0674 TTY: (800) 833-6388 FAX: (509) 684-7525

MAILING ADDRESS: 215 S. Oak St. - Courthouse Annex• Colville, WA 99114 STREET ADDRESS: 260 S. Oak St. - Courthouse Annex• Colville, WA 99114

road approach onto SR 292 as administered by the WSDOT.

3. The site plan and proposed use is considered binding. Revisions that are generally consistent with this approval, which do not alter the conditions of approval and do not adversely affect the public health, safety and welfare may be administratively approved by the Planning Division. other revisions to the site plan or use may require a new application and review by the Planning Division.

F. APPEALS Pursuant to sec 3.30.210, any person with standing may appeal this decision to the Stevens County Hearing Examiner within 14 calendar days of the issuance of the decision. Appeals must be filed with the Stevens County Land Services Planning Division, 215 S. Oak-Courthouse Annex, Colville, WA, 99114. Appeals must be accompanied by a $1,000.00 filing fee and the appeals application must be completed and submitted at the time of the appeal. The appeal application is available at the Stevens County Land Services, Planning Division office or at the following website: www.co.stevens.wa.us/landservices/planning forms.php. Appeals must be received by 4:30 p.m. on Wednesday, November 27, 2019.

G. DEPARTMENT FILE The complete file for this project is available for inspection at the Stevens County Land Services, Planning Division, 260 S. Oak-Courthouse Annex, Colville, Washington, from 8:00 a.m. to 4:30 p.m., excluding County holidays.

DATED this 13 th day of November, 2019.

Transmitted this 13th day of November, 2019 to the following: Property Owner: lntermountain Evergreen, LLC Emailed or mailed to persons who submitted substantive comments as shown on the attached list Posted under Public/Legal notices on the Land Services page of the Stevens County website at www .stevensco untywa .gov/la ndservices Transmitted by email on November 8, 2019 to the Chewelah Independent for publication on November 13, 2019

fntermountain Evergreen Decision ACU 2019-010 November 13, 2019

3

www.co.stevens.wa.us/landservices/planning

https://1,000.00

Sound, visual and air quality. Noise, dust, smell will impact property (Sunnyside Beach), people in Morgan Park have health/respiratory issues smell and fine particulates will put them in hospital, will have a significant impact on air, noise and smell would be devastating; has asthma will cause unhealthy particles in air; fumes and noxious odors can carry for ½ mile or more; opposed to anything that may have detrimental effect on air; asphalt business causes health issues for employees; project will scar land, noise, dust and contamination from asphalt plant should be considered.

County Response: Stevens County does not hove specific land use regulations pertaining to noise abatement and control. WAC 173-60 establishes noise levels for properties receiving noise. Permissible noise levels vary depending on the source of the noise and the location receiving the noise. According ta the DNR Best Management Practices for Reclaiming Surface Mines, projected noise levels may be harmful when within 50 feet to 300 feet of certain types of mining equipment for extended periods of time. Additionally, general methods of noise reduction include using vegetation to act as barrier between land uses; siting the mineral activity and stationary equipment in the interior areas of the site or surrounding stationary equipment with stockpiles to muffle sound. The site plan for proposed expansion indicates that topsoil will be stored in an 80 foot area along the exterior property lines. The nearest residence is approximately 200 feet from the proposed expansion. The applicant has indicated that the work performed at the subject property will occur primarily during daylight hours during the traditional work week. Noise levels at this residence are anticipated to be reduced to acceptable levels by the topsoil berm.

The Department of Ecology (DOE} has the review and permit authority for emissions from rock crushing, batch plants and dust from mining operations and haul roads. A sand and gravel permit may be required from the DOE. It is noted that DOE permit was issued to the prior owners. The applicant is required to obtain and comply with all applicable state permits.

Stevens County does not hove specific land use regulations pertaining to odor abatement and control.

Public Notice. County did not notify anyone on East side of Lyon Moss Road, no public meeting to discuss concerns, County is dealing with this in sneaky manner, wants public hearing, not enough time for complete study; should have a town meeting to educate people on intentions of company, no time for deeper investigation or obtain legal advice, notice not sent to most people, notice was sneaky and unverified; want community forum, application should be denied.

County Response: SCC 3.030.120 defines the notification process for projects which require public notice. Notice of the project was published in the County's official newspaper, posted to the Land Services page of the County's website and moiled to agencies and property owners within 300 feet. Proper notice for the project wos given pursuant to County Code.

Environmental Review Process. Project does not meet definition of Optional DNS process in WAC 197-11-355; will be significant environmental impacts; project should not be considered nonsignificant; optional DNS process is not adequate.

County Response: Washington Administrative Code Chapter 197-11 and SCC 3.80 outline the process from environmental review of projects. Notice of the environmental review process is required to be given at the same time and in the same manner as the Notice of Application. The County has complied with notification procedures as required by County Code.

Comment and Response ACU 2019-010

November 131 2019

5

enjoyment" of property, long term ramification outweigh short term use, potential negative financial impact to Stevens County, concerns should be taken seriously, application put on hold until all parties are satisfied.

County Response: The County Comprehensive Plan encourages the establishment of rural businesses and industries which provide family-wage jabs. Property values, for tax purposes, are under the jurisdiction af the Stevens County Assessor. The Washington courts have emphasized on a number of occasions that a zoning or fond use permits cannot be denied on the basis of community opposition. While the opposition of the community may be given substantial weight, it cannot alone justify a local fond use decision. The law requires that decisions be backed by policies and applicable development standards. (See Sunderland Family Treatment Services v. Pasco, 127 Wn.2d 782, 797 (1995} and Maronatha Mining v. Pierce Countv, 59 Wn. App. 795, 805 (1990).

Property Damage. Adjacent land owner (Frances Lewis, Parcel #5278800) does not want to see berms surrounding their property, needs to know berm size and want assurance that it will not impede upon their property; removal of topsoil will cause irreversible damage to their property.

Applicant Response: Topsoil berms will be used in the reclamation process. Aerial imagery is used by DNR to ensure that the area stays within the permitted boundaries.

County Response: In order to avoid boundary disputes, property owners should have their property surveyed by o licensed professional fond surveyor. Civil action through the court system is the recourse for unresolved boundary disputes.

Ownership. Cannot collect from a Limited Liability Corporation for damages, Limited Liability Companies close their doors and reform under new name to avoid responsibility, lntermountain LLC is from Newman Lake-they are moving operation 50 miles from their own area because they do not want to destroy their own area; questions ownership-if railroad right of way is 200 feet then North pit is trespassing

Applicant Response: A portion of the original railroad right of way was purchased from BNSF Railway Company. A Quit Claim Deed conveying the property was recorded May 31, 2011 under Auditor's File Number 2011 0003726. As noted above, aerial imagery is used by DNR to ensure that the project stays within the permitted boundaries.

County Response: A limited Liability Company (LLC} is a /ego/ form ofbusiness organization and is o hybrid entity that combines the characteristics ofa corporation with those ofa partnership or sole proprietorship. In Washington, LLCs ore required to be registered with the Secretary of State and formed under Chapter 25.15 RCW. Under RCW 25.15.031, a LLC may be formed for any lawful purpose and hos the some powers as on individual to do of/ things necessary to carry on its activities. As such, an LLC may purchase or sell real property or pursue business enterprises as the company so chooses. According to the WA Secretary of State website, lntermountain Evergreen is an active LLC authorized to operate in Washington. Legal recourse for damages to life or property is via civil court action between the aggrieved parties and is outside the scope of this decision.

The North pit is located on a portion ofParcel #5277800. The site plan indicates that a 40-50 foot setback from the right of way to the proposed expansion area will be maintained. As to whether any portion of the existing pit area is within the remaining railroad right of way is outside the scope af this decision. The County does not condone trespass upon private property. The remedy for trespass is through civil action between the aggrieved parties.

Comment and Response ACU 2019-010 November 13, 2019

7

STEVENS COUNTY LAND SERVICES

STATE ENVIRONMENTAL POLICY ACT (SEPA) DETERMINATION OF NONSIGNIFICANCE (DNS)

Applicant: lntermountain Evergreen, LLC File No: Administrative Conditional Use ACU 2019-010

Description of Proposal: to expand an existing sand and gravel operation from approximately 20 acres up to approximately 48 acres in the Rural Area 5 zone. Proposed uses and activities that may occur include rock extraction, crushing/screening, intermittent asphalt production and/or stockpiling materials. An asphalt plant may be used on a temporary basis.

Location of Proposal: Portions of the NWl/4 and of the SWl/4, lying East of the Railroad and West of Lyon and Moss County Road in Section 28, Township 30 North, Range 41 East, W.M., in Stevens County, Washington. Tax Parcels #5277800, #5278100, #5279050 and #5279000. Site Address: 4072 Hwy 292, Loon Lake, WA.

Lead Agency: Stevens County Land Services - Planning Division

The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public at Stevens County Land Services - Planning Division, 260 South Oak, Colville, Washington, from 8:00 a.m. to 4:30 p.m., excluding County holidays.

This DNS is issued after using the Optional DNS process in WAC 197-11-355. There is no further comment period on the DNS.

Pursuant to sec 8.80.270 there is no administrative appeal for this proposal.

Responsible officia1<fll::(,fJJ6f\- Date: November 13, 2019 Position/title: Jenni dffson, Planner

Transmitted to DOE-SEPA Register via electronically on November 12, 2019.

Building Division: (509) 684-8325 Planning Division: (509) 684-2401 FAX: (509) 685-0674 TTY: (800) 833-6388 FAX: (509) 684-7525

MAILING ADDRESS: 215 S. Oak St. -Courthouse Annex• Colville, WA 99114 STREET ADDRESS: 260 S. Oak St.- Courthouse Annex• Colville, WA 99114

copenhaver portable #3 application

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