Date Set for New Public Hearing Before Hearing Examiner
Central Samish Valley Neighbors
Grip Road Gravel Mine Update / August 21, 2025
A date for a new public hearing on the Grip Road Gravel Mine has finally been set for February 26 and 27, 2026, six months from now. Since we last reported on this drawn-out permit process, the new Skagit County Hearing Examiner has held several conference calls with the attorneys involved to discuss the history and legal details of this complicated case.
We only recently learned that Miles Sand and Gravel (‘Miles’), the County and Cougar Peak LLC (a local landowner) are coordinating to evaluate ways to improve Grip Road on the steep hill west of the mine entrance. As we understand it, they are working together on a proposal to widen the traffic lanes and smooth the curves to make it safer for truck traffic. Completing this proposal will take some time. This is the reason the public hearing has been delayed yet again.
Central Samish Valley Neighbors (CSVN) will be monitoring the progress of this proposal for the Grip Road hill. We see this as further evidence of the determination of Miles to open this mine. While Grip Road safety is a major community concern that we have continually raised since 2016, there are numerous other significant impacts that still have not been addressed.
Despite all the time that has passed, the proposal for this giant mine in our quiet community is very much alive and well. And, with the application materials now nearly ten years old, many questions remain regarding what Miles really intends to do on this site.
Please watch for our updates and SAVE THE DATES THE PUBLIC HEARING – FEBRUARY 26-27, 2026 – THIS WILL BE YOUR OPPORTUNITY TO SPEAK UP!
Gravel Mine Proposal Inches Toward New Public Hearing Before Hearing Examiner
Gravel Mine Proposal Inches Toward New Public Hearing Before Hearing Examiner
Central Samish Valley Neighbors
Grip Road Gravel Mine Update / May 16, 2025
The Grip Road Gravel Mine proposal has not gone away. It has just been delayed numerous times due to various County missteps. As previously reported, late last year the County Commissioners remanded the decision on the Mining Special Use Permit to yet another new Hearing Examiner. Since then, the attorneys for various parties have been meeting to essentially set the ground rules for the new hearing.
Several times, the pre-hearing conference with the attorneys and the new hearing examiner has been postponed. However, this conference call is now scheduled for June 18, 2025; it is not open to the public. However, we expect this meeting will establish a schedule for the public hearing, which will include public testimony and presentation of new evidence before the new Hearing Examiner.
While we don’t know yet exactly when the hearing will be scheduled, it is likely to be later this summer or early fall. Miles Sand and Gravel is as determined as ever to open this gravel mine, and the threats to public safety and the environment from the mine as it is currently proposed are still very real. Public participation at the hearing will be extremely important. So please stay tuned.
Thank you.
County Commissioners Remand Gravel Mine Decision to new Hearing Examiner
Central Samish Valley Neighbors Update / January 7, 2025
On December 30, 2024, the Skagit County Board of County Commissioners passed a resolution that vacated the previous ‘substitute’ Hearing Examiner’s decision on the Grip Road Gravel Mine and remanded the matter back to a different hearing examiner. The Commissioners’ resolution was based on an agreement reached by the attorneys from all involved parties, including Central Samish Valley Neighbors (CSVN). They all agreed that the decision issued in June 2024 by the substitute hearing examiner, William Nielsen, was invalid, and recommended a process to move forward.
This will be the third time the Mining Special Use Permit and CSVN’s appeal will be considered; the previous two efforts failed to produce a decision that met even the minimum legal requirements. Hopefully, this time, the process will be conducted appropriately and fairly.
In the resolution, the Hearing Examiner is instructed to consider the complete existing record, including the testimony and evidence presented at the extensive seven-day hearing held in 2022. He/she must also hold a new “supplemental” public hearing that “shall include, at a minimum, updated testimony on road safety, traffic and necessary mitigation related to the proposed travel route for extracted material transport.”
We don’t know yet when the new public hearing will be. However, given the existing workload in the Hearing Examiner’s office and the complexity of this case, we wouldn’t expect it to be scheduled before March or April of this year.
After nearly nine years, we know that people are tired of the ongoing requests for attention and support around this issue; nonetheless, as currently proposed, this mine still poses threats to public safety and the future of the Samish Valley. It will be very important for community members to attend the new hearing. Even if you don’t want to testify, your attendance will demonstrate the level of concern in the community. Sometimes it seems that the strategy of the County and project proponents is to just let delays and time wear us all down. So, thank you for your continued interest and support.
The Commissioners’ resolution will soon be posted on CSVN’s website at: https://centralsamish.wordpress.com/
Recent articles:
Skagit Valley Herald: https://www.goskagit.com/news/local_news/application-for-grip-road-gravel-mine-headed-back-to-hearing-examiner/article_9ea3d58a-c952-11ef-bd1e-df1dbbbb7709.html
Cascadia Daily: https://www.cascadiadaily.com/2024/dec/26/second-hearing-examiner-for-controversial-skagit-gravel-mine-falls-short/
Skagit Scoop:
Gravel Mine Appeal Hearing Postponed Indefinitely
Central Samish Valley Neighbors Update / September 27, 2024
Skagit County has indefinitely postponed the hearing before the Board of County Commissioners on the Grip Road Gravel Mine. The hearing would have addressed Central Samish Valley Neighbors’ (CSVN) appeal of the recent decision by a substitute Hearing Examiner to approve the Mining Special Use Permit. The hearing was scheduled for October 29th, but once again errors by county staff have resulted in further delay and brought into question the validity of the recent decision.
As previously reported, there were gaps in the audio recordings of the 2022 public hearing; the missing sessions included some of the testimony of CSVN’s expert witnesses. This was part of the official record that the County was responsible for. That was bad enough, but it has gotten worse yet. It has since come to light that the County didn’t provide the substitute Hearing Examiner with the full record of the case.
It has taken the County two months to try to answer basic questions about what records were actually conveyed to the substitute Hearing Examiner, and what was omitted. At the time of this writing, the extent of the problem is not known, but we do know that he issued his decision without seeing or reviewing key evidence presented by CSVN and other parties. A fair decision isn’t possible without considering all the evidence.
We are waiting to see how the County decides to address these recent issues and will continue to update you as we learn more.
A more detailed accounting of this story has been published in the online journal Skagit Scoop at: https://skagitscoop.org/blog/zombie-permit-staggers-on-the-continuing-saga-of-the-proposed-grip-road-gravel-mine/
Thank you for your continued interest and support.
Martha Bray for CSVN
Save the Date: County Commissioners Appeal Hearing to be held Tuesday, October 29, 2024 at 9:30am
Central Samish Valley Neighbors Update / July 28, 2024
The date has been set for the Skagit County Commissioners to hear Central Samish Valley Neighbors’ (CSVN) appeal of the Hearing Examiner’s decision on the Grip Road Gravel Mine. The Hearing Examiner’s latest decision approved Miles Sand and Gravel’s Mining Special Use Permit application and denied CSVN’s previous appeal. This Hearing Examiner was hired recently by the County, and he was not present for the extensive hearings held in 2022. His decision is extraordinarily dismissive of the community’s concerns regarding road safety and environmental protection.
The appeal hearing before the Commissioners will be open to the public and will be held on Tuesday Oct. 29th from 9:30 to 11:30am.
PLEASE SAVE THE DATE AND PLAN TO ATTEND AND SHOW YOUR SUPPORT!
CSVN filed the appeal of the Hearing Examiner’s decision in late June of this year. Typically, the Commissioners are required to issue a decision on an appeal within 60 days. However, this time has been extended due to the complexities of this case.
The latest issue is that the County did not preserve the full record of the public hearing which was held virtually on seven days in August, September and October of 2022. The County, as the presiding agency, was responsible for recording the hearing, and later, for preparing transcripts of it. In the process of reviewing the transcripts, CSVN discovered that the audio recordings and transcriptions of two of the sessions were missing. When this problem was revealed, the County was unable to locate the original recordings or any other record of this part of the hearing. Unfortunately, the missing record includes portions of testimony from three of CSVN’s expert witnesses.
CSVN’s attorney is working with the County to determine the best remedy for restoring the record of the hearing to the extent possible. This is yet one more serious error committed by the County during this eight-year-long saga. We find it telling that the new Hearing Examiner (who was not present for the 2022 hearing) did not notice the lapse in the hearing record; this underscores our belief that he did not conduct a thorough review and did not truly consider the evidence that CSVN presented.
We will continue to update you as we learn more. Thank you for your continued interest and support.
CSVN Files Appeal of Hearing Examiner’s Decision on Grip Road Gravel Mine: Central Samish Valley Neighbors Update/June 25, 2024
Central Samish Valley Neighbors (CSVN) has filed an ‘amended appeal’ of the new Hearing Examiner’s Decision that approved Concrete Nor’West/Miles Sand and Gravel’s (Miles) Mining Special Use Permit for the proposed Grip Road Mine. Skagit County issued this new “Final Decision” on June 11, 2024, written by a new, specially appointed Hearing Examiner, William Nielsen. He approved the Special Use Permit and denied Central Samish Valley Neighbors’ previous appeal of the County’s Mitigated Determination of NonSignificance (MDNS).
We feel that we had no choice but to appeal this decision since the new Hearing Examiner made no effort to consider the community’s concerns or examine the evidence CSVN has produced regarding road safety and environmental impacts.
This appeal is heard by the County Commissioners. It is a required first step before going to Superior Court, if for instance, the Commissioners do not rule in our favor. The code states that “the appellant shall have the burden of demonstrating ….that the decision is clearly erroneous”. We feel we have a strong case; however, Commissioner Janicki has recused herself from this issue because of a conflict of interest — her family business conducted work for Miles on the property where the mine is proposed. That leaves just Commissioner Wesen and Browning to hear and decide. The Commissioners have 60 days to issue a decision, which takes us to the end of August. They will hold a public hearing on the appeal sometime before then, probably in early August. The appeal is ‘closed record’ — meaning that the Commissioners can only consider the existing record; no new information can be presented. We will be encouraging people to show up at the hearing to show your support and let the commissioners know how the community feels about this proposed mine and the permitting process. Our appeal documents will be posted on the CSVN website soon.
We are up against a corporation with deep pockets that stands to make millions off this mine, with the community bearing the burden of many unmitigated impacts. All we have asked is that the County enforce existing regulations to protect the community and our local environment. For over eight years, we have put up a good fight, and we will continue to. We are all volunteers, but legal battles cost money. Many of you have been incredibly generous with your donations to CSVN’s legal defense fund. However, we do want to announce a new generous challenge match from community member Paula Shafransky. If you haven’t donated yet, or are in a position to help more, every dollar donated will be matched by Paula up to $5,000. Thank you for your continued support. Please stay tuned.
Previously reported background information:
The application for a Mining Special Use Permit was originally filed in 2016 by Concrete Nor’west (Miles Sand and Gravel). The permit review process was riddled with errors from the beginning, which caused numerous delays, and several appeals by the applicant to the original presiding Hearing Examiner, Wick Dufford. When the County finally issued its Mitigated Determination of NonSignificance (MDNS) under the State Environmental Policy Act in 2022, Central Samish Valley Neighbors (CSVN) appealed.
An epically long hearing was held in the fall of 2022, presided over by Mr. Dufford’s successor, Hearing Examiner Andrew Reeves. More than a year passed after that without a decision from Mr. Reeves. Ultimately Mr. Reeves was unable to issue a valid decision. Earlier this year, the County contracted with Mr. Nielsen who came out of retirement to take on this issue.
Mr. Nielsen never called a meeting or requested briefings from any of the involved parties. His decision conducted only a superficial review of the existing record, shows a lack of understanding of the magnitude of the mining proposal, and is dismissive of community concerns. The basis of the decision seems to hinge on the claim made by the applicant and repeated by the County that the mining will be conducted at “relatively low levels of extraction”. This vague, subjective statement flies in the face of the estimates of gravel hauling in the application documents, which state that an “average” of 46 truck trips per day would be headed back and forth to the mine site from Miles’ Belleville processing site on Old 99. Once again, no conditions were placed on the actual number of truck trips that can be made per day. This means that anywhere from 23 to 360 loaded trucks weighing 100,000 pounds each would descend the Grip Road hill and head west on Prairie Road, while a similar number of empty trucks would be returning the opposite direction to pick up another load. This leaves residents, commuters, school buses, school kids waiting for the bus, and bicyclists to dodge the trucks as best we can on our narrow, substandard roads, which in many places have no shoulders and are lined with deep ditches.
The concept of low volume levels is also used to justify allowing the mine to operate 100 feet closer to the Samish River and its associated wetlands than is permitted under Skagit County Code; this, along with a myriad of other serious environmental impacts, remains unmitigated. We have raised these issues so many times over the years that we have lost count. Yet, as the revolving door at the County ushers in the third hearing examiner to the case, we must continue to demand accountability. Otherwise, it appears that the evidence we produced, the hundreds of comment letters and hours of testimony submitted over eight long years could be neatly swept away, along with all of Miles’ misstatements and omissions and all the County blunders that got us to this point.
CSVN remains committed. The County just needs to do its job — to keep Skagit citizens safe and protect our local environment. Please stay tuned and thank you for your continued interest and support.
County Issues New “Final Decision” from Specially Appointed Hearing Examiner: Central Samish Valley Neighbors Update/June 11, 2024
Skagit County issued another “Final Decision” on the Grip Road Gravel Mine yesterday, June 11, written by a new, specially appointed Hearing Examiner, William Nielsen. He approved the mining special use permit and denied Central Samish Valley Neighbors’ appeal. We are very disappointed with this decision and are evaluating our options. The deadline for appeal of the Hearing Examiner’s is June 25, 2024; a new appeal would be heard by the County Commissioners, which is a required step before filing in Superior Court if, for instance, the Commissioners do not rule in our favor.
The application for a Mining Special Use Permit was originally filed in 2016 by Concrete Nor’west (Miles Sand and Gravel). The permit review process was riddled with errors from the beginning, which caused numerous delays, and several appeals by the applicant to the original presiding Hearing Examiner, Wick Dufford. When the County finally issued its Mitigated Determination of NonSignificance (MDNS) under the State Environmental Policy Act in 2022, Central Samish Valley Neighbors (CSVN) appealed.
An epically long hearing was held in the fall of 2022, presided over by Mr. Dufford’s successor, Hearing Examiner Andrew Reeves. More than a year passed after that without a decision from Mr. Reeves. Ultimately Mr. Reeves was unable to issue a valid decision. Earlier this year, the County contracted with Mr. Nielsen to finish the job.
Mr. Nielsen never called a meeting or requested briefings from any of the involved parties. His decision conducted only a superficial review of the existing record, shows a lack of understanding of the magnitude of the mining proposal, and is dismissive of community concerns. The basis of the decision seems to hinge on the claim made by the applicant and repeated by the County that the mining will be conducted at “relatively low levels of extraction”. This vague, subjective statement flies in the face of the estimates of gravel hauling in the application documents, which state that an “average” of 46 truck trips per day would be headed back and forth to the mine site from Miles’ Belleville processing site on Old 99. Once again, no conditions were placed on the actual number of truck trips that can be made per day. This means that anywhere from 23 to 360 loaded trucks weighing 100,000 pounds each would descend the Grip Road hill and head west on Prairie Road, while a similar number of empty trucks would be returning the opposite direction to pick up another load. This leaves residents, commuters, school buses, school kids waiting for the bus, and bicyclists to dodge the trucks as best we can on our narrow, substandard roads, which in many places have no shoulders and are lined with deep ditches.
The concept of low volume levels is also used to justify allowing the mine to operate 100 feet closer to the Samish River and its associated wetlands than is permitted under Skagit County Code; this, along with a myriad of other serious environmental impacts, remains unmitigated. We have raised these issues so many times over the years that we have lost count. Yet, as the revolving door at the County ushers in the third hearing examiner to the case, we must continue to demand accountability. Otherwise, it appears that the evidence we produced, the hundreds of comment letters and hours of testimony submitted over eight long years could be neatly swept away, along with all of Miles’ misstatements and omissions and all the County blunders that got us to this point.
CSVN remains committed. The County just needs to do its job — to keep Skagit citizens safe and protect our local environment. Please stay tuned and thank you for your continued interest and support.
CSVN Files Formal Objection to Hearing Examiner’s Decision on the Grip Road Gravel Mine: Central Samish Valley Neighbors Update/Feb. 11, 2024
Read February 16 Skagit Valley Herald Article “Groups appeal permit issued for gravel mine“
Read CSVN Feb. 22 letter to Skagit Valley Herald editor
Read CSVN Feb. 14 letter to Cascadia Daily editor
On Friday, February 8, 2024, CSVN filed a formal “Request for Reconsideration” to Skagit County on the Hearing Examiner’s Decision on the Grip Road Gravel Mine. This filing asserts that the decision released by the County on February 2nd is invalid, and that the County must remand the case in its entirety to a new Hearing Examiner for a full review. This action essentially extends the deadline for appealing the Hearing Examiner’s decision, so if the County does not take the appropriate steps, CSVN can still file an appeal at a later date. CSVN’s Request for Reconsideration can be found here.
We will send out further information once we receive the County’s response to our filing. Many thanks to everyone who has donated to the CSVN legal fund. CSVN’s legal actions are the only thing standing in the way of this terrible mining proposal, and without your contributions, we could not keep up this fight.
Background from previous post: On Friday, February 2, 2024, Skagit County Planning and Development Services issued a “Notice of Decision” on the Mining Special Use Permit Application (SUP) for the Grip Road Gravel Mine. During the nearly eight years we have been following this permit application, we have grown accustomed to the County’s blunders in reviewing and processing it. However, releasing this “decision” is beyond absurd. The two-page document consists almost entirely of a semi-incoherent rant from the embittered former Skagit County Hearing Examiner, Andrew Reeves. Pressured by a lawsuit filed by Miles Sand and Gravel, Reeves was ordered by a Superior Court Judge to deliver a decision or go to jail. The resulting document does not reference any findings of fact or meet other legal criteria for a Hearing Examiner decision. Nonetheless, this clearly invalid decision has been published and distributed by the County to all interested parties.
In the fall of 2022 Reeves presided over a seven-day public hearing that addressed the SUP application and the citizens’ (CSVN’s) appeal. The hearing included testimony by the applicant, County staff, and dozens of citizens, as well as many expert witnesses. In the months following the hearing, Reeves kept promising to issue a decision on this complex proposal and appeal. At more than one subsequent meeting with the attorneys for the interested parties, Reeves referenced an 80-page draft that he was working on. Whether due to illness or other unknown obstacles, Reeves has been unable to complete his work. Apparently, there are a number of other decisions he has failed to issue for Skagit County, as well as other jurisdictions.
In the two-page decision released by the County, there is no reference to conditions under which the mine can operate, despite mitigating measures proposed by the County in the record, and a number of additional conditions the applicant proposed during the hearing to address community concerns, particularly around road safety and truck traffic. In addition, the decision doesn’t specifically address the citizens’ appeal, which challenged the County’s determination to not require an Environmental Impact Statement under the State Environmental Policy Act (SEPA).
There is no rationale or discussion in Reeves’ decision. Instead, after six paragraphs describing his grievances against the County, there is one sentence: “Accordingly, the Hearing Examiner APPROVES whatever the Applicant was seeking throughout the permit process and denies all tangential issues and appeals that have stood in the Applicant’s way.”
It has been clear for many months that Reeves was not doing his job. The County could have worked with the interested parties to identify a path forward by assigning the decision to a new hearing examiner. Instead, they sat on their hands and watched as this charade played out to a whole new level of absurdity. County officials know that this decision is completely deficient, yet they released it.
Once again, the community is left with the burden of doing the heavy lifting, because the County is neglecting its duty to protect the community and the environment from this seriously flawed mining proposal.
Most of the public records related to this application:
https://skagitcounty.net/Departments/PlanningAndPermit/gravelmine.htm
Recent news coverage:
https://www.cascadiadaily.com/2024/feb/05/semi-incoherent-skagit-county-decision-grants-approval-for-controversial-gravel-mine/
https://www.goskagit.com/news/local_news/former-skagit-county-hearing-examiner-grants-permit-for-gravel-mine/article_6617f486-c46b-11ee-93a8-ffd2f772d878.html?utm_medium=social&utm_source=email&utm_campaign=user-share
Oct. 2022 in depth look:
https://skagitscoop.org/blog/anatomy-of-a-zombie-permit-the-proposed-grip-road-gravel-mine-six-years-and-counting/
County Releases Bonkers Hearing Examiner Decision on Grip Road Gravel Mine: Central Samish Valley Neighbors Update / February 3, 2024
On Friday, February 2, 2024, Skagit County Planning and Development Services issued a “Notice of Decision” on the Mining Special Use Permit Application (SUP) for the Grip Road Gravel Mine. During the nearly eight years we have been following this application, we have grown accustomed to the County’s blunders in reviewing and processing this permit application. However, releasing this “decision” is beyond absurd. The two-page document consists almost entirely of a semi-incoherent rant from the embittered former Skagit County Hearing Examiner, Andrew Reeves. In a ruling on a lawsuit filed by Miles Sand and Gravel, a Superior Court Judge ordered Reeves to deliver a decision by February 1 or go to jail. The resulting document does not reference any findings of fact or meet other basic legal criteria for a Hearing Examiner decision. Nonetheless, this clearly invalid decision has been published and distributed by the County to all interested parties. The Hearing Examiner’s decision can be found here. The County’s Notice of Decision (NOD) can be found here.
If the County does not withdraw this decision, the only recourse for the community appears to be to go to the effort and expense of filing a formal appeal to the County Commissioners – the due date for an appeal is Valentine’s Day, February 14, 2024.
In the fall of 2022 Reeves presided over a seven-day public hearing that addressed the SUP application and the citizens’ (CSVN’s) appeal. The hearing included testimony by the applicant, County staff, and dozens of citizens, as well as many expert witnesses. In the months following the hearing, Reeves kept promising to issue a decision on this complex proposal and appeal. At more than one subsequent meeting with the attorneys for the parties involved, Reeves referenced an 80-page draft that he was working on. Whether due to illness or other unknown obstacles, Reeves has been unable to complete his work. Apparently, there are a number of other decisions he has failed to issue for Skagit County, as well as other jurisdictions.
In the two-page decision released by the County, there is no reference to conditions under which the mine can operate, despite mitigating measures proposed by the County in the record, and a number of additional conditions the applicant proposed during the hearing to address community concerns, particularly around road safety and truck traffic. In addition, the decision doesn’t specifically address the citizens’ appeal, which challenged the County’s determination to not require an Environmental Impact Statement under the State Environmental Policy Act (SEPA).
There is absolutely no rationale nor discussion in Reeves’ decision. Instead, after six paragraphs describing his grievances against the County, there is simply one sentence: “Accordingly, the Hearing Examiner APPROVES whatever the Applicant was seeking throughout the permit process and denies all tangential issues and appeals that have stood in the Applicant’s way.”
It has been clear for many months that Reeves was not doing his job. The County could have worked with the parties involved to identify a path forward by assigning the decision to a new hearing examiner. Instead, they sat on their hands and watched as this charade played out to a whole new level of absurdity. County officials know that this decision is completely deficient, yet they released it.
Once again, the community is left with the burden of doing the heavy lifting, because the County is neglecting its duty to protect the community and the environment from this seriously flawed mining proposal. If the County does not withdraw the decision, we have no option but to file a formal appeal to the County Commissioners. An appeal is due by Wednesday February 14th.
We need your help. We know that many community members have already been supporting this effort for years – writing letters, testifying and donating money to the legal defense fund. Without your ongoing effort, the mine would already be operating, and unlimited numbers of trucks would be rolling down Grip and Prairie Roads. Unbelievably, despite all of our work (it will be eight years next month!), if the current decision is not challenged, the hearing examiner decision will stand, and there will be no restrictions on this mine.
So, we humbly ask for you to consider a further donation. And, when the appeal hearing before the commissioners is scheduled, we will be asking everyone to show up to demand the County act responsibly and in accordance with the law.
With sincerest gratitude, Martha Bray for CSVN.
Judge Gives Hearing Examiner Until Feb. 1 to Submit Gravel Mine Decision: Central Samish Valley Neighbors Update / January 21, 2024
Andrew Reeves, the former Skagit County Hearing Examiner, appeared January 19th before Skagit County Superior Court Judge Tom Verge as he’d been ordered to, but still has not submitted a decision on the Mining Special Use Permit and CSVN Appeal.
Instead he told the judge he was confused because there was a previous motion pending for him to disqualify himself, which he felt needed to be addressed first. The judge responded with: “I can’t say it any clearer, issue your report or you go to jail “.
Nonetheless, Reeves was given more time — ordered to deliver the decision by Feb 1, 2024 and to appear in person in court Feb 2, 2024.
Based on the exchange between Reeves and the judge, I think we might actually see a decision this time around.
All the big wigs from Miles Sand and Gravel were present in the court room — the CEO, CFO, and all the senior managers — quite a threatening show of force. The judge seems very sympathetic to Miles concerns.
Stay tuned.
Martha
Hearing Examiner Held in Contempt of Court: Central Samish Valley Neighbors Update / January 9, 2024
On January 5, 2024, another hearing was held in Skagit County Superior Court regarding the Grip Road Gravel Mine. The judge granted a motion filed by Miles Sand and Gravel to hold the hearing examiner, Andrew Reeves, in contempt of court. Mr. Reeves has still failed to deliver a decision on Miles’ Mining Special Use Permit and Central Samish Valley Neighbors’ appeal. In a previous judge’s order, Mr. Reeves was ordered to deliver a decision by December 15, 2023. He failed to provide a decision by that date and did not appear for the Jan 5th hearing. In addition, he hasn’t provided any defense or explanation.
The decision was due over a year ago, and on numerous occasions over the past year, Mr. Reeves has promised to complete the decision by a certain date but has not followed through. This land use decision is apparently one of seven that he has not completed for Skagit County. During zoom meetings with attorneys last summer, Mr. Reeves stated that he had been very ill. This may explain the situation, but neither he nor any representative for him has provided any further rationale, despite the serious consequences for him.
The judge and the lawyers for Miles stated how highly unusual this situation was, and that extraordinary steps need to be taken. The judge’s order requires Mr. Reeves to deliver a decision and to appear before the court in person on January 19, 2024. If he fails to do so, the order states that he will be immediately taken into custody or a warrant for his arrest will be issued.
We fail to see what jailing Mr. Reeves will accomplish. Miles’ attorneys and the County Attorney stated in the court room that they thought the only way he would finish the job is if he was locked up in jail with a legal pad. This seems patently absurd to us. Meanwhile, even though the County has been named in Miles’ lawsuit, they seem to be getting a free pass. Since Mr. Reeves was a contractor for Skagit County, the County is ultimately responsible. As far as we can determine, the only action the County has taken in the past year is to send emails to Mr. Reeves, pestering him to get the job done. We believe it is highly likely that a new hearing examiner will need to be assigned to the case; and, as usual, it’s past time for the County to take a more pro-active stance.
Nonetheless, it is possible that Mr. Reeves will issue his decision, so we remain vigilant.
Hearing Examiner Ordered to Submit Decision on Grip Road Gravel Mine by Friday, December 15: Central Samish Valley Neighbors Update / December 8, 2023
There was a short hearing in Skagit County Superior Court on December 8, 2023 regarding Concrete Nor’West / Miles Sand and Gravel’s lawsuit against the Skagit County Hearing Examiner, Andrew Reeves. The suit involves failure to deliver a timely decision on the Grip Road Gravel Mine permit application. Mr. Reeves appeared in court via Zoom. He seemed somewhat confused and unprepared, and made a muddled argument about his concerns that one of the parties of record had previously filed a petition for him to be disqualified from the case. Although he had already denied the petition, he seemed to be offering this as the reason he had not issued a decision. But the judge replied that since Mr. Reeves had not filed a brief, nor any explanation about that motion or any other reason for the delays, she couldn’t consider these issues.
The judge ordered Reeves to deliver a decision on the case by Friday December 15, 2023. While we don’t know if this will finally push Mr. Reeves to get the job done, it is possible that it will. If he does come through, the community will have just two weeks to respond if, for instance, he denies Central Samish Valley Neighbors’ Appeal. This timing — right at holiday season – is, to say the least, unfortunate.
On the other hand, if the Hearing Examiner withdraws or recuses himself from the case, then the County will likely turn the case over to the new Hearing Examiner to review the record and issue a decision. If that happens, it will take some time, will likely involve additional legal filings and will possibly entail another hearing session.
We are very grateful to all the friends and community members who have donated to the legal defense fund over the years to sustain our efforts to protect the community and environment from the impacts of this proposed mine. The good news is, with your support, our legal expenses are paid off – however, that has also emptied our bank account. So, if we need to continue the fight, we will need additional support. We will keep you posted.
Please stay tuned, and Happy Holidays!
Central Samish Valley Neighbors Grip Road Gravel Mine Update / August 28, 2023
It has been almost a year since the public hearing on Miles Sand and Gravel’s Mining Special Use Permit application and Central Samish Valley Neighbors (CSVN) appeal of the County’s decision on the permit. The hearing, in August and September 2022, was before the Skagit County Hearing Examiner. We are still waiting for his decision. While it is highly unusual for a hearing examiner decision to take this long, the delay is just one more problem for this particular permit process, which has been fraught with issues from the beginning, over seven years ago.
The latest delays appear to be due to some health issues the Hearing Examiner is having. There have been several video conferences between him and attorneys representing the various parties, to request an update. At those meetings, the Hearing Examiner states that he has an 80+ page draft decision that just needs to be finished. He has promised a decision multiple times since January of this year but has yet to deliver. Unfortunately, due to the complexity of this case, it is not as simple as assigning a substitute examiner to it. This Hearing Examiner sat through seven days of testimony from community members, the applicant, County staff, and attorneys of various parties; no one wants to repeat that expensive and exhausting process. So, we continue to wait.
In the latest twist, Miles Sand and Gravel filed a lawsuit (“Complaint for Damages and Writ of Mandamus”) on August 9, 2023 against the County and the Hearing Examiner. They are trying to force a Hearing Examiner decision. While it would not be unusual for an applicant to make such a filing, it is unusual to name the Hearing Examiner in his personal capacity, and unusual to request damages at this point in the process. In response, last week the attorney for one of the parties, Cougar Peak, LLC., filed a motion that points out the weakness in the Miles’ suit, expressing concerns about potential “ex parte” communications between parties, and stating that Miles’ filing amounts to an attempt to intimidate the Hearing Examiner. CSVN shares these concerns and today filed a short “joinder”, agreeing with Cougar Peak’s position.
Miles’ lawsuit is posted here, Cougar Peak’s motion is posted here, Cougar Peak’s supporting declaration is posted here, and CSVN’s joinder is posted here.
All of us are concerned about the many delays and errors that have taken place during this long-drawn-out process, and we are very frustrated by the length of time the Hearing Examiner is taking to issue a decision. However, none of this is an excuse for the applicant to force a decision through intimidation. In addition, we note that despite their claims to the contrary, many of the delays in the permit review process resulted from Miles’ own actions or lack of same. From the beginning, Miles provided incomplete and inaccurate information on the project, and they repeatedly refused to provide additional data and studies when the County appropriately requested them – this caused, literally, years of delay. And, this held true all the way through the public hearing in 2022, when after five or six days of hearings – the proverbial eleventh hour – they finally acknowledged that gravel trucks and trailers cannot stay within their lanes on Grip Road at the “S curves”. Seven years had passed by then, during which time the community repeatedly raised this very significant safety concern, but they had repeatedly refused to evaluate it.
CSVN will continue to monitor developments related to the proposed Grip Road Gravel Mine and will do our best to keep the community informed. As always, we appreciate everyone’s support and could not do it without you. Please consider contributing towards our ongoing legal fees at our Go Fund Me site.
Central Samish Valley Neighbors Update / June 1, 2023: Still no Decision from Hearing Examiner on Gravel Mine
Dear friends and neighbors,
We are still waiting for a decision by the Skagit County Hearing Examiner (Andrew Reeves) on the Grip Road Gravel Mine. The hearing on the Mining Special Use Permit and Central Samish Valley Neighbors’ (CSVN) appeal was held last August and September 2022, and a decision was expected months ago.
Earlier this year, the Hearing Examiner promised a decision, first by mid-February, then in April, and then again by May 10th. However, all of these dates passed without a decision being released. Needless to say, everyone is frustrated by these delays and the uncertainty that comes along with them. This latest debacle is just the most recent in a permit process has been plagued by serious mistakes and missteps since its inception more than seven years ago.
The attorneys representing all involved parties met remotely with Mr. Reeves this week, to ask when a decision can realistically be expected. Mr. Reeves has apparently suffered some serious medical issues but is working on the decision. He said he has an “83-page draft decision” and made reference to the complexity of the case. He committed to releasing the decision “no later” than July 10th. He also made it clear that he will no longer be the Hearing Examiner for Skagit County after his current case load is finished.
An added concern for CSVN is that we (Martha Bray and John Day) will be traveling out of the country from June 5th through July 6th. We have been the main contacts for the appeal and for the community (and present for every important juncture in this protracted process). So, at the meeting, our CSVN attorney Kyle Loring, respectfully asked Mr. Reeves if he would please delay releasing a decision until we return, while acknowledging that Reeves has no legal obligation to do so. Both the attorney for Miles Sand and Gravel and for the County predictably objected to our request. Mr. Reeves essentially ignored our request, and said he would release the decision as soon as possible, but no later than July 10.
When the decision is released, the parties have just 14 days to respond with any further legal action. For instance, if CSVN’s appeal is denied, we would have to decide if it is worth appealing to the County Commissioners (which would probably mean taking it on to Superior Court afterwards) within that two-week window. Any such decision would require a very significant commitment of funds from community members to continue the legal fight, and all of it will need to be figured out very quickly.
We will do our best to stay in touch while out of the country and we will keep our fingers crossed that the decision won’t be released until we return. And we will keep you posted as best we can.
The good news is that CSVN received enough donations this spring to almost pay off our legal bills. We are very grateful to all of you for continuing to pay attention this important issue, and for the help you have provided in so many ways. We know that we have made a difference thus far, we just don’t know how much until we see the Hearing Examiner’s decisions.
Central Samish Valley Neighbors Update / April 1, 2023: Decision on Gravel Mine Expected Monday April 17th, 2023
Dear friends and neighbors,
We have heard from the Skagit County Prosecutor’s office that the Hearing Examiner intends to release his decision on the Grip Road Gravel Mine on Monday April 17, 2023. We were previously told to expect a decision in mid-February, but it didn’t happen. Hopefully this time it is for real. It has been six months since the public hearing (September 2022), and seven years since the application for a Mining Special Use Permit was first filed by Miles Sand and Gravel (March 2016). We expect the decision to address both the issuance Special Use Permit and the appeal by Central Samish Valley Neighbors (CSVN) of the County’s Threshold Decision under the State Environmental Policy Act (SEPA).
Once a decision has been released, parties will have just two weeks to take any further legal action (for instance if the appeal is denied). We will let you know as soon as we hear anything further. Regardless of the Hearing Examiner’s decision, we know that we have already gained important concessions from the applicant and the County. We are grateful to everyone who has participated and donated during this long fight. At this time CSVN still owes more than $3,000 in legal fees, and we welcome anything more you can contribute.
Thank you for your continued support in any form it comes.
Martha Bray for CSVN
Central Samish Valley Neighbors Update / October 4, 2022
On Sept 24,2022, the hearing on the proposed Grip Road Gravel Mine ended at last. The exceptionally long hearing – seven days spread out over a month – mirrored the long six years that the permit has been under review at the County. Throughout this time the future of the community has been in limbo. Still, there is more waiting ahead. With closing briefs due at the end of October, the Hearing Examiner’s decision isn’t expected until November or December at the earliest. Nonetheless, we can feel good about what has been accomplished so far. As a community we have come together, pooled our resources, informed ourselves, and we have written letters and testified. We have exposed the flaws in the environmental studies and permit review process. And, we have done our very best to make the decision makers pay attention. Already some concessions have been made. No doubt that all of this has come at a steep cost, but together we have a strong voice that has already made a difference.
This story is not over, but it is already worth telling. A community member has written an article about it for the online journal Skagit Scoop: Anatomy of a Zombie Permit. Please check it out and share it with friends. Exposing the problems is how change begins.
And, we welcome further donations to our legal defense fund as our bills continue to mount.
With gratitude,
Martha Bray for CSVN
https://www.gofundme.com/f/grip-road-gravel-pit-road-safety-environment-csvn
Central Samish Valley Neighbors Update / September 18, 2022
The Grip Road Gravel Mine hearing will continue into its seventh day later this week, on Friday Sept 23rd at 9AM. There will be additional testimony by witnesses regarding traffic safety. And then Miles Sand and Gravel intends to call ‘rebuttal’ witnesses. It appears that this coming Friday will be the last day of the hearing, regardless of whether there is enough time for the parties to make verbal closing statements. Instead, if there isn’t enough time, closing statements will consist only of written briefs to be submitted to the Hearing Examiner sometime after the hearing ends.
To log on to the hearing by computer or phone, go to the Hearing Examiner’s website:
https://www.skagitcounty.net/Departments/OfficeofLandUsehearings/main.htm
Last Tuesday, on day six of the hearing, we heard from County staff in Planning and Development Services and Public Works concerning the County’s review of the application for a Mining Special Use Permit (review that has been going on since 2016). The overarching theme could be characterized as “it wasn’t me”. Time after time, we heard statements such as “I was handed this project at the eleventh hour”; “I wasn’t involved with the review of the project until 2021”; and “I’m not an expert on that”. This testimony reinforced CSVN’s contention that staff turnover, especially in the planning department, has contributed to the absence of a thorough, independent evaluation of the project and an over-reliance on the applicant’s own reports and studies. In turn, this has resulted in impacts that have not been fully evaluated, and inadequate conditions being placed on the project through the Mitigated Determination of Nonsignificance (MDNS). This is the basis of CSVN’s appeal.
Questions to County staff were revealing, for example: Public Works staff could not explain why school bus safety was not evaluated as part of the Traffic Impact Analysis (TIA). They didn’t even explain why it took five years for a TIA to be produced for the project. They seemed unaware and/or unconcerned about the actual conditions of the road shoulders along Grip and Prairie Roads and the safety hazard they represent. They acknowledged that the TIA did not conduct a full safety analysis as is required by the Skagit County Road Standards – instead they explained that allowing up to 30 truck trips per hour was based on road “capacity”. They shrugged off the substandard conditions along the haul route as typical, and further evaluation and improvements to the route as unnecessary. A Public Works representative even suggested, absurdly, that adding more big trucks on these roads might improve safety conditions because it would force people to slow down.
Planning department staff could not explain why a smaller, substandard 200-foot buffer on the Samish River and associated wetlands is allowed in the MDNS. One of the exhibits in our appeal is a letter to Miles, dated July 6, 2017, from the lead planner at the time (who has since retired), stating that the standard 300-foot buffer would be required. That letter correctly stated that this mine should be considered a “high intensity” land use, not “moderate intensity” as claimed by the applicant’s consultant, therefore a 300-foot buffer would be required. Nonetheless, when questioned, staff who are now responsible for the review of the permit application stated that they were unaware of this previous planning department decision. Instead, in the staff report to the Hearing Examiner, they simply quoted the applicant’s consultant’s recommendations for a reduced buffer width. When pressed, those same staff could not provide the justification for the reduced buffer width. It was clear that current staff had simply copied the recommendations in the consultant’s report, without making any independent analysis, and without reviewing their own department’s previous decisions.
There are many other examples of inconsistent and incomplete review of this mining proposal. This has left us asking the obvious question – when it comes to review of major development applications at Skagit County – who is minding the store? And why do private citizens have to spend large amounts of their own money and time to try to get the County to pay attention to legitimate environmental health and safety concerns?
We have revealed that serious flaws and biases existed within County departments when conducting the review of this application. This hearing (and the work leading up to it) has been epic in its duration and scope and has taken a toll, both on us and on County staff. Regardless of the Hearing Examiner’s decision on our appeal, we are hopeful that one outcome will be improvements in how the County handles this type of application in the future.
Lastly, of course, this continues to be extraordinarily expensive – we still need help with our legal defense fund – along with any additional fundraising ideas you might have. Many thanks to everyone who is following and supporting this fight for a healthy and safe future in the Samish Valley!
https://www.gofundme.com/f/grip-road-gravel-pit-road-safety-environment-csvn
Central Samish Valley Neighbors Update, September 12, 2022
Greetings, friends and neighbors,
The Gravel Mine hearing will continue into its sixth day tomorrow, Tuesday, Sept 13th at 9AM. Because of the complexity of the issues and numerous parties involved, it is taking a long time to get through all the testimony. So, it will not be finished tomorrow – another day has been scheduled. And, due to attorneys’ schedules, that seventh hearing day will not be until Friday Sept. 23rd. Hopefully that will be the last day, but we can’t be sure.
Last Thursday and Friday CSVN presented our exhibits and witnesses. This included videos of safety issues on the haul route, our own environmental and traffic experts, as well as local citizens who have been working these past six years to expose the problems with the mine as it is proposed. The testimony went very well. Of course, Miles’ attorney was very aggressive in his cross examination of our witnesses, but they held up well.
Tomorrow (Tues. 9/13), County staff will be questioned about the decisions they made, which lead to the flawed Mitigated Determination of Nonsignificance (MDNS) – and other testimony is scheduled as well. After all of that, there will be closing arguments and rebuttals, which may include Miles calling more experts in rebuttal.
To log on to the hearing by computer or phone, go to the Hearing Examiner’s website:
https://www.skagitcounty.net/Departments/OfficeofLandUsehearings/main.htm
We are putting up a good fight – doing the very best we can! Unfortunately, because the hearing is taking so long and our attorney must attend the entire time, legal costs are mounting. This extra cost is inconsequential to Miles – the longer it drags out, the more they can trot out their own experts and drain our resources. We are so grateful to everyone who has contributed – many of you have given multiple times over the months and years – we would not have been able to sustain this fight without your help!
Please help us out by spreading the word that we really need additional contributions. This hearing is about the future health and safety of this community!
Thank you.
https://www.gofundme.com/f/grip-road-gravel-pit-road-safety-environment-csvn
Central Samish Valley Neighbors Update, September 6, 2022
Dear friends and neighbors,
The fourth and fifth days of the Grip Road Gravel Mine hearing are coming up — this week, on Thursday and Friday (9/8 – 9/9), from 9am to 4pm. Last Friday, late in the afternoon, we presented our first witness. The rest of our testimony will be up next. We will be refuting Miles’ claims concerning traffic issues and other environmental concerns. So, these next two hearing days are central to our appeal, and we encourage you to log on and listen.
The hearing is likely to continue to a sixth day – if so, it is scheduled for next week, on Tues (9/13).
There will be more testimony after CSVN, including County staff. Our attorney will have an opportunity to cross examine them and of course, after all of that, there will be closing arguments and rebuttals; all of this should be really interesting.
So, we are finally getting our “day in court”! I hope you’ll tune in – it’s what we have all worked so hard on for years!
To log on to the hearing by computer or phone, go to the Hearing Examiner’s website:
https://www.skagitcounty.net/Departments/OfficeofLandUsehearings/main.htm
We are giving it our best. Thank you for your continued support!
https://www.gofundme.com/f/grip-road-gravel-pit-road-safety-environment-csvn
Gravel Mine Hearing Continues on Friday, September 2nd
Day three of the hearing on the Grip Road Gravel Mine is this Friday, Sept 2nd from 9am to 4pm. It will be conducted virtually – there is no in person option. But you can log on from your computer or call in by phone. Info below.
While there is no way to know exactly the timing of Friday’s testimony, we expect that Miles Sand and Gravel will wrap up their witness testimony mid-day. There is one witness expected to testify for Cougar Peak after that, and then we (Central Samish Valley Neighbors) will begin presenting our case, probably sometime in the afternoon. Our testimony will continue probably through the fourth day of the hearing. Days 4 and 5 are next week, on Thurs-Friday, Sept 8th and 9th, and also conducted virtually.
Those of you who attended the second day, last Monday, know how much is at stake. We saw how determined and heedless Miles is to our safety and wellbeing, and how poorly conducted some of their expert assessments are. We hope you will support us by attending the hearing.
Go to the Hearing Examiner’s website for directions to log on: https://www.skagitcounty.net/Departments/OfficeofLandUsehearings/main.htm
We are also told that video recordings of the first two days of the hearing will also be posted on the Hearing Examiner’s website soon. (A word of caution: these files are HUGE, on the order of hundreds of megabytes, and could take hours to download at typical speeds.)
Community Members Attend and Testify at First Day of Public Hearing on Grip Road Gravel Mine
Know Your Local Gravel Mine
Miles Sand and Gravel’s attorney, Bill Lynn, told us during his opening statement at Friday’s hearing that the Grip Road Gravel Mine is a “very small” project. Just for scale, Wikipedia notes that the volume of Egypt’s Great Pyramid of Giza is about 92 million cubic feet. That’s about 3.4 million cubic yards. By comparison, Miles says they intend to remove 4.28 million cubic yards of material from the mine. That’s 26% more than the volume of the Great Pyramid of Giza!
Hats off to the people who filled the hearing room on Friday, August 26th for the public hearing on the Grip Road Gravel Mine. We are so proud of our community! Thirty-eight people testified eloquently – speaking the truth about the real impacts of the proposed mine – despite the absurdly dismissive statements from Miles Sand and Gravel about its “extraordinarily small” mine, and despite the County’s continued acquiescence to their ridiculous claims. And, our attorney, Kyle Loring, did a brilliant job of countering Miles’ claims in his opening presentation.
The hearing got off to a slow and frustrating start with several technical problems, including that the published conference call number didn’t work to allow people to call in to participate by phone. This was fixed sometime during the day with a new conference call number. However, we believe there were people who tried, but could not connect and eventually gave up. If you are one of the people who tried to call-in to the hearing on Friday and couldn’t get through, please know that you will still have an opportunity to testify on Monday morning, either in person or remotely.
Even though everyone still in attendance on Friday afternoon had the opportunity to testify, the Hearing Examiner acknowledged that there may have been some people who couldn’t connect on Friday. In addition, there were a handful of people who showed up at the hearing in person and signed in to testify but had to leave before they had a chance to speak. If you are one of the people who signed in to speak but left early because you expected to speak on Monday, then you also will be allowed to testify Monday morning, either in person or remotely. Please take advantage of this opportunity while you can! (The only people who will be allowed to testify Monday are those who signed in Friday, or tried to call in.)
The Hearing Examiner also said he would accept written comments from anyone who was inadvertently excluded from testifying on Friday. However, you will need submit those comments in person on Monday or explain in your written comments why they should be accepted late.
After any additional public testimony on Monday the hearing will shift to the appeal, and no more public testimony will be allowed (but the public is welcome and encouraged to attend and listen). The applicant, Miles Sand and Gravel, will be the first to present expert witnesses and exhibits. Then CSVN will present our experts and factual witnesses.
While it is possible that CSVN will start presenting late on Monday, it is more likely that Miles will take up at least one full day. So, CSVN testimony will probably start on the third day of the hearing, which is Friday Sept 2nd. This third day of the hearing, and all subsequent days will be conducted virtually, with no in-person option. Additional hearing days as needed are: Friday Sept. 2; Thurs Sept 8; Fri Sept 9; Tues Sept 13 (all virtual, from 9:00am to 4:00pm)
The Hearing this Monday (8/29) will be 9:00am to 4:00pm, at:
City of Sedro-Woolley Municipal Building Council Chambers, 325 Metcalf St, Sedro-Woolley.
For information on how to participate by phone or computer, visit the Hearing Examiner’s website:
https://www.skagitcounty.net/Departments/OfficeofLandUsehearings/main.htm
Please remember that there is a lot of information about the proposed mine on the CSVN website: https://centralsamish.wordpress.com/
Lastly, we are still considerably short of the funds we need to keep up the effort through the appeal process. So, your continued support is welcome and crucial. And, many thanks to all of you who have supported the legal work this far, we could not do it without you!
Checks can be made out to: CSVN/Linda Walsh, and mailed to Linda Walsh: 21710 Prairie Rd, Sedro Woolley, WA 98284
Or donate with credit card through GoFundMe: https://www.gofundme.com/f/grip-road-gravel-pit-road-safety-environment-csvn
PUBLIC HEARING ON GRIP ROAD GRAVEL MINE RESCHEDULED FOR FRIDAY AUGUST 26, 2022, 9:00am to 4:00pm
Click here to download this hearing update in printable PDF format.
This will be the last opportunity to express your concerns about the impacts of this mine and the heavy truck traffic on Grip and Prairie Roads. Please attend!
The first part of the hearing is to consider if a Mining Special Use Permit should be approved. It is before the Skagit County Hearing Examiner and will be a ‘hybrid’ meeting – You can attend in person at:
County Commissioners’ Hearing Room, 1800 Continental Place, Mount Vernon.
Second day — Monday Aug 29th (9am – 4pm) City of Sedro-Woolley Municipal Bldg Council Chambers,
325 Metcalf St, Sedro-Woolley [additional Hearing dates, as needed–all virtual: 9/2; 9/8; 9/9; 9/13]
Public testimony will only be allowed during the first day — possibly the second day if enough people show up.
To participate in the hearing ‘virtually’ call: 1-(323) 553-1010 Phone Conference ID 114451280#
or to join via video, go to: https://www.skagitcounty.net/Departments/OfficeofLandUsehearings/main.htm
For help or issues with connecting, call: (360) 416-1156 or (360) 416-1154
Written comments will only be accepted electronically until the day before the hearing — 4:30 PM on Thursday Aug. 25, 2022, but may be presented in-person at the public hearing. Written comments can be submitted through the County’s Planning & Dev. Services website at:
https://www.skagitcounty.net/Departments/PlanningAndPermit/commentsform.htm
(At the web page above, scroll down to the electronic form near the bottom of the page.)
This new, industrial-scale mine will be located next to the Samish River, with a two-mile long private internal haul road that crosses Swede Creek and enters Grip Road at the top of the big hill. Despite Miles’ claims to the contrary, the proposed conditions for this Mining Special Use Permit are weak and will not protect the environment and public safety. After 6 years of permit review, little has changed, and many concerns remain.
Still proposed:
- A 51 acre, 60-foot deep, open pit mine just 200 feet from the Samish River.
- Gravel truck/trailer traffic “averaging” 46 trips per day, but with the potential of running up to 30 trucks per hour, operating for 25 years.
- Fully loaded truck and trailer combos entering Grip Road from the top of the big hill and entering Prairie Road at the 90-degree corner.
Half measures are not good enough:
- The County is requiring restrictions on hours of operation and daily truck traffic, but loosely worded “exceptions” for “seasonal demand” and “extended hours” are included – with these exceptions, the so-called “mitigation measures” are practically meaningless and unenforceable.
- Miles will be required to fix the two 90-degree corners on Prairie Road just east of Old 99 and install blinking yellow lights at the intersections of Grip and Prairie and at Grip and mine access road. HOWEVER,
- No other road or intersection improvements are being required despite the damage that will be caused by high volume of truck traffic, and the extreme safety hazards from these big trucks on the “S curves” on the Grip Road Hill, along narrow parts of Prairie Road, and at other dangerous intersections.
- There is no requirement for the gravel trucks to stick to a fixed haul route, which means that trucks could go east on Grip Road toward Hoogdal and Mosier Roads, south on F&S Grade Road, or several other possible routes. This presents many safety hazards that haven’t been considered.
Some of the permit conditions we are asking for:
- Set firmer limits on hours of operation and daily numbers of gravel trucks.
- Require cost sharing to upgrade substandard roads and intersections to ensure that roads are safe for pedestrians, bicycles, school buses and commuters with the additional heavy truck traffic — one fully loaded truck and trailer can weigh 105,000 lbs. (52.5 tons) — Who pays to fix the roads?
- Restrict trucks to a designated haul route on public roads that have been adequately improved for safety.
- Protect the Samish River with at least a 300-foot buffer as required by County Code.
- Fully protect fish and wildlife habitat along Miles’ two-mile long internal haul road, including where it crosses unstable slopes in Swede Creek gorge.
- Implement a monitoring and enforcement plan with periodic permit review to ensure compliance with permit requirements.
We will have to live with this mine and the impacts for the foreseeable future. This is the last opportunity to speak up. Please spread the word and attend the hearing!
As many of you know, Central Samish Valley Neighbors have appealed the County’s Mitigated Determination of Nonsignificance (MDNS) for this project. The Aug 26 & 29th Hearing will be a “consolidated” hearing. This means that immediately after the Special Use Permit portion of the hearing, the Appeal will be heard. The appeal portion is a “closed record” hearing, so members of the public can listen, but not testify. We have hired legal counsel and expert witnesses to represent the community’s interests during the appeal hearing. This comes at a steep price. Contributions to our legal defense fund are welcome and encouraged.
Checks can be made out to: CSVN/Linda Walsh, and mailed to Linda Walsh: 21710 Prairie Rd, Sedro Woolley, WA 98284
Or donate with credit card through GoFundMe: https://www.gofundme.com/f/grip-road-gravel-pit-road-safety-environment-csvn
Public documents about this Mining Special Use Permit Application, including application materials and public comments on it, can be found at: https://skagitcounty.net/Departments/PlanningAndPermit/gravelmine.htm
Central Samish Valley Neighbors 
