Grading Enforcement at Palmer Junction Gravel Pit

Grading Enforcement at
Palmer Junction Gravel Pit

Performance Audit

Report No. 2001-04

Nancy McDaniel, Management Auditor
Jan Lee, Auditor Assistant

Background
General Conclusions
Summary of Findings and Recommendations:

Finding 2-1 - Permit conditions since 1997 have been more effective in minimizing adverse impacts of pit operations, although updating the conditions would further increase their effectiveness.
Finding 2-2 - Current enforcement is timely and meets DDES guidelines, although enforcement before 1997 led to the perception that DDES was reluctant to act on complaints.
Finding 2-3 - Given the Palmer Pit’s mining designation, DDES is limited in its authority to mitigate some impacts.

BACKGROUND

The audit objective was to review and evaluate Development and Environmental Services (DDES) grading enforcement of permit conditions at the Palmer Junction Gravel Pit. The Palmer Pit is in rural King County near the community of Palmer, east of Black Diamond. Pit operations are permitted on 120 acres of a 320-acre site, in an area otherwise zoned rural. Over the years there have been numerous complaints from area residents, including noise, violations of operating hours, and the amount of time for DDES to respond to violations.

GENERAL CONCLUSIONS

DDES monitoring and enforcement at the Palmer Pit have improved since 1997, and have focused on minimizing impacts specific to the pit activities. However, DDES is limited in its authority to mitigate some of the impacts, such as noise.

MAJOR FINDINGS AND RECOMMENDATIONS

Finding 2-1. Permit conditions since 1997 have been more effective in minimizing adverse impacts of pit operations, although updating the conditions would further increase their effectiveness.

The conditions attached to the grading permit required for a mining operation are the standards for minimizing its impacts, but the permit conditions for the Palmer Pit before 1997 were generic and provided minimal guidance for monitoring. In 1997 an Environmental Impact Statement (EIS) was developed for an expansion of the pit from 40 acres to 120 acres. Based on the EIS, new permit conditions were created that focused on mitigating the impacts specific to the pit operations. The resulting improvements include: installation of a new, quieter asphalt burner; improvements to the county road accessing the pit; and paving inside the pit to reduce dust.

Refining the permit conditions would further improve their effectiveness. Some are difficult to enforce because they are vague or list possible mitigations without requiring any. Others require one-time actions that have been completed.

The audit recommends that DDES review conditions to clarify vague conditions, eliminate those that are unnecessary, and identify additional requirements to be included as conditions.

Finding 2-2. Current enforcement is timely and meets DDES guidelines, although enforcement before 1997 led to the perception that DDES was reluctant to act on complaints.

Between 1990 and 1997, the time to resolve violations at the Palmer Pit ranged from six months to seven years. This led area residents to bypass DDES and contact their councilmember to report violations. In 1996, the DDES Grading Section issued the first standards for timeliness, including: inspection or contact within 48 hours for priority complaints and 10 days for non-priority; follow-up within 30 days; and management review of cases open over one year. None of the cases before 1997 would have met these standards. In contrast, every case since 1997 has met the standards.

Some issues are still outstanding, however. For example, the level of noise from the pit depends on what equipment is on site and its location relative to the noise barriers. The amount of dust blowing off the site can change seasonally depending on rainfall and wind. Traffic safety is another outstanding issue. The intersection of SE Hudson Road, the county road to the pit, and Cumberland-Kanasket Road does not meet county road standards for sight lines or turning radius. Plans to realign the intersection to meet the standards were submitted by the operator in 1999 and are still under review by the county. DDES has final responsibility for approval, with input from the county Department of Transportation.

The audit recommends that DDES, in cooperation with the Department of Transportation, expedite review of the intersection realignment plans. DDES should also develop timeliness standards for reviewing plans that are required of permit holders.

Finding 2-3. Given the Palmer Pit’s mining designation, DDES is limited in its authority to mitigate some impacts.

The county code allows a higher noise level in rural areas if the sound emanates from an industrial site, so the maximum allowed in the Palmer Junction area is eight decibels higher than without the mine. A ten decibel increase is generally perceived as doubling the loudness of a sound. The code also allows noise levels to be exceeded briefly by as much as 15 decibels.

Neighbors are also unhappy because asphalt production can run 24 hours a day in the summer if needed for a public works road project. These nighttime operations are allowed because they meet the county’s noise standards, which was the EIS criterion for extending operating hours. Increased truck traffic on SE Hudson Road is another major impact for residents, but DDES has little control over the traffic because it is on a public road.

Updated: 04/07/03

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