A Lewis County judge sided with the Port of Tacoma and Maytown Sand & Gravel, LLC (MSG) about the finality of a gravel mining permit on a Maytown site formerly owned by the Port.

Superior Court Judge Richard L. Brosey granted a summary judgment to the Port and MSG Wednesday, reversing the decision of the Thurston County Board of Commissioners to require extensive and duplicative new habitat surveys. The judge’s ruling reinstates Hearing Examiner Sharon Rice’s Dec. 30 decision that confirmed the property holds a valid and final special use permit for gravel mining.

In its March 14 decision, the Thurston Board of County Commissioners affirmed most of the hearing examiner’s ruling, but directed the hearing examiner to require MSG to prepare new studies of critical areas. The board’s decision effectively reopened parts of the unappealed 2005 gravel mining permit for additional field investigations.

In March, the Port and MSG, the current property owner, appealed the board’s decision because it violated Washington state law on the finality of land use decisions.

The court’s ruling means MSG may begin mining as soon as the remaining pre-mining conditions of the permit are met.

The Port and MSG also have filed a separate action for damages against Thurston County, which remains pending. Delays to MSG’s mining operation continue to jeopardize the Port’s sale of the property to the company.

Background on the Port’s property ownership
The Port bought the 745-acre property near Maytown in 2006 for $21.25 million as a potential site for rail system enhancements.

The Maytown site was one of several regional sites evaluated through a joint effort between the Port of Tacoma and the Port of Olympia.

After purchasing the 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 Department of Natural Resources-approved reclamation plan to build and maintain habitat after mining is complete. The reclamation plan was based on an 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, both port commissions decided to allow their agreement to expire in 2008. The Port of Tacoma subsequently announced plans to sell the property as a permitted mine.

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.

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.