A Thurston County group on Tuesday dropped its appeal of a gravel mining permit on a Maytown site formerly owned by the Port of Tacoma.

Friends of Rocky Prairie had appealed a Lewis County Superior Court decision in July that sided with the Port and the property’s current owner, Maytown Sand & Gravel, LLC (MSG), about the finality of a gravel mining permit on the Thurston County property.

Friends of Rocky Prairie also had appealed a Thurston County Board of Commissioners decision to grant an amendment to the permit’s conditions. A Thurston County Superior Court judge ruled last week that the group lacked standing to challenge the county’s land use decision.

Within days of the Thurston County judge’s dismissal of its appeal, Friends of Rocky Prairie dropped its challenge in the Court of Appeals to the overall validity of the gravel mining permit.

“We are thankful finally to put this matter behind us,” said Port Commission President Connie Bacon. “While we’re satisfied that courts have agreed with our legal assertions at each step, it’s discouraging how much unnecessary time and money these legal challenges have cost Thurston County and Pierce County citizens, as well as the private property owner that sought to use the site for its permitted purpose.”

Background
The 745-acre Maytown site was one of several regional sites evaluated for rail system enhancements through a joint effort between the Port of Tacoma and the Port of Olympia.

After the 2006 purchase of the $21.25 million site, which once housed an explosives manufacturing plant, the Port of Tacoma assumed responsibility for environmental cleanup under an Agreed Order with the state Department of Ecology. The Port completed a cultural resource inventory, cleaned or removed contaminated soils, pulled invasive weeds by hand, removed unsafe structures and continued monitoring groundwater for contamination.

The Port also took steps needed to keep the property’s existing gravel mining permit in place. The permit, which designates the property’s mine areas as “mineral lands of long-term commercial significance” under the Growth Management Act, allows extraction of 20.6 million cubic yards of gravel over 20 years and requires implementation of a state Department of Natural Resources-approved reclamation plan to build and maintain habitat after mining is complete. The reclamation plan was based on a prior agreement among several groups with conservation interests, including Capitol Land Trust and Black Hills Audubon Society.

Because the slowing economy reduced immediate need for port- or rail-related development and Thurston County residents expressed concern about expanded industrial activity on the property, both port commissions decided to allow their agreement to expire in 2008. The Port of Tacoma subsequently sold the property, including the area permitted for mining.

Maytown Sand & Gravel, a limited liability corporation made up of principals from Southwind Realty Group and Lloyd Enterprises, bought the 745-acre property in April 2010.

Since the sale, Friends of Rocky Prairie has continued to challenge the gravel mining permit.

“Maytown Sand & Gravel looks forward to mining the site in the near future,” said John Hempelmann, MSG’s attorney. “The Maytown Mine will provide very high quality, well located aggregates for public and private projects in the region, and will help rebuild our economy.”

About the Port of Tacoma
The Port of Tacoma is an economic engine for South Puget Sound, with more than 43,000 family-wage jobs in Pierce County and 113,000 jobs across Washington state connected to Port activities. A major gateway to Asia and Alaska, the Port of Tacoma is among the largest container ports in North America. The Port is also a major center for bulk, breakbulk and project/heavy-lift cargoes, as well as automobiles and trucks.

About Maytown Sand & Gravel
For more information about Maytown Sand & Gravel, contact John Hempelmann with Cairncross & Hempelmann at (206) 972-3333.