The hearings examiner denied an appeal of West Valley Holdings’ concrete batch plant, Jan. 16. The mobile plant is located in the Olerin business park off Beaverton Valley Road. While the Conditional Use Permit was approved, the hearings examiner did specify substantial conditions.

“Upon consideration of all evidence, testimony, arguments, applicable codes and legal authority, the … appeal … is denied, and the requested Conditional Use Permit is approved,” Hearings Examiner Gary McLean wrote in his decision.

Some of the conditions include the project’s scope, limited to 5,000 cubic yards of concrete a year, as generally depicted in the applicant’s Site Plan. Modifications can be made, but needs additional approval.

The plant is required to be enclosed, necessitating a building permit. There is no on-site vehicle fueling or storage of chemical products allowed in the outdoor areas.

In accordance with County Code, the hearings examiner wrote:

“All receiving, mixing, and preparation activities must occur in an enclosed space that includes an air filtration exhaust system. The Building Permit application and revised site plan shall include appropriate descriptions and design details showing Enclosed Space(s) where all receiving, mixing, and preparation activities will occur, and how or where the air filtration exhaust system requirement will be implemented. For purposes of applying this condition, the terms should be given their ordinary meaning, so ‘Receiving’ activities include, without limitation, portions of the site where sand, course aggregate, and pea gravel will be received; and ‘Preparation’ activities means and includes handling, moving, and disturbing such materials, specifically including without limitation the transfer or such materials to the conveyor on the site.”

Water was also a concern for the neighbors. The hearings examiner added conditions that the Business Park pond berm be raised by one foot, and the outlet structure be raised six inches. Holdings also needs to coordinate and regularly communicate with the Business Park management when discharges of treated process water are anticipated to be made into the Business Park pond.

To protect against seawater intrusion, prior to the building permit, West Valley Holdings must submit current data and reports from qualified professionals to determine whether the batch plant operations may cause or contribute to seawater intrusion.

Holdings must provide a Spill Control Plan that includes a general description of the facility, evaluation of discharge potential, discharge prevention, spill reporting, containment and diversionary structures, inspection plan consistent with County Code, security, tank truck, conformance with State and local fire protection requirements and an accidental discharge plan.

Both parties may appeal the decision to the Superior Court. The time period is short, typically within 21 days of the hearing examiner’s decision.