HomeMy WebLinkAbout09 1213 10
STATE OF WASHINGTON
County of Jefferson
AN ORDINANCE AMENDING ORDINANCE} ORDINANCE NO. 09-1213-10
#08-0706-04 AS REQUESTED BY MILES }
SAND & GRA VEL COMPANY AS PART }
OF COMPREHENSIVE PLAN AMENDMENT}
APPLICATION MLA 10-00073 }
WHEREAS, the Board of Jefferson County Commissioners ("the Board")
has, as required by the Growth Management Act, as codified at RCW 36.70A.01O
et seq., set in motion and now completed the proper professional review and public
notice and comment with respect to any and all proposed amendments to the
County's Comprehensive Plan originally adopted by Resolution No. 72-98 on
August 28, 1998 and as subsequently amended and;
WHEREAS, as mandated by the Growth Management Act (GMA), the
Board has reviewed and voted upon the proposed amendment to the County's
Comprehensive Plan (CP), and;
WHEREAS, the proposed amendment known as MLA10-00073 [Miles
Sand & Gravel Company-Mineral Resource Land Overlay Designation] hereby
revises language to Ordinance 08-0706-04 due to a change in lease holders.
WHEREAS, at time of adoption of Ordinance 08-0706-04, it was assumed
the mining operations would be under the direction of a single operator, Fred Hill
Materials. A lease for the Wahl and Shine Hub areas was signed by Fred Hill
Materials and Pope Resources on July 11, 2008. Subsequently, Fred Hill Materials
assigned the lease to Miles Sand & Gravel Company on April 30, 2009.
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WHEREAS, different conditions than those imposed on Fred Hill Materials
via Ordinance #08-0706-04 should be and will be, through adoption of this
Ordinance, applicable to Miles Sand & Gravel's business operations at certain
leased parcels known as Wahl and the Shine Hub;
WHEREAS, for reasons described below, it was decided to have a distinct
ordinance that would include the different conditions that will be applicable to any
parcel listed on Ordinance #08-0706-04;
WHEREAS, the proposed amendment known as MLA 10-00073 [Miles
Sand & Gravel Company-Mineral Resource Land Overlay Designation and
Language Revisions to Ordinance 08-0706-04] has been approved by the Board
during the second week of December as required in the Jefferson County Code
(JCC) 18.45.080(2)( d).
WHEREAS, an adopting Ordinance is required to formalize the Board's
legislative action, and;
WHEREAS, the Board makes the following Findings of Fact with respect
to the 20 I 0 Comprehensive Plan Amendment Cycle and the one amendment:
1. The County adopted its Comprehensive Plan in August 1998 and its
development regulations or Unified Development Code (UDC), Title 18 in
the Jefferson County Code (JCC) in December 2000. The CP was reviewed
and updated in 2004.
2. The GMA, which mandates that Jefferson County generate and adopt a CP
requires that there be in place a process to amend the CP.
3. The amendment process for the CP must be available to the citizens of this
County [including corporations and other business entities] on a regular
basis. In accordance with RCW 36.70A.130, CP amendments can generally
be considered "no more frequently than once per year."
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4. This particular amendment cycle began on or before March 1, 2010, the
deadline for submission of a proposed CP amendment.
5. The one amendment proposal was timely filed on March 1,2010.
6. The CP amendment process defines the process for the final and preliminary
Docket as referenced in JCC Section 18.45.050.
7. A preliminary docket was not required this year as Jefferson County
received only one site-specific Comprehensive Plan Amendment from Miles
Sand & Gravel and received no suggested amendment proposals in
accordance with ICC 18.45.060(4)(b)(i).
8. MLA07-104, Industrial Land Bank (ILB) was not docketed for the 2010
amendment cycle and has been "shelved" as directed by the Board. The
legislature extended the time line to complete the periodic review as well as
the deadline for establishing an ILB; both deadlines are currently "prior to
December 31, 2014."
9. After deliberation and decision, the Final Docket was established by the
Board on July 12, 2010 for the one site-specific amendment.
10. The Department of Community Development (DCD) published and
distributed the 2010 Comprehensive Plan Amendment Docket, Staff Report
and SEP A Addendum, an integrated Grovvth Management Act and State
Environmental Policy Act document on September 1, 2010. The report
analyzes the proposal on the Final Docket and offered a preliminary
recommendation at page 1-9 of that September 2010 Staff Report that MLA
10-00073 be approved.
11. On September 1, 2010, staff presented to the Planning Commission (PC) the
one site-specific amendment in a document titled "2010 Comprehensive
Plan Amendment Docket, Staff Report and SEPA addendum" at the regular
scheduled PC public meeting.
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12. Draft language of the proposed amendment to Ordinance 08-0706-04 was
made available to the public no later than the publication date of the
applicable Staff Report, which was September 1,2010.
13. The proposed amendment was subject to a SEPA analysis through the DCD
Staff Report and SEPA Addendum dated September 1, 2010. The entire
amendment cycle shall now be considered cumulatively with respect to a
county-wide environmental review of the associated impacts, if any, of the
proposal.
14. In an email dated September 3, 2010 from the Hood Canal Coalition, it was
requested the public hearing be postponed in order to allow for more time to
provide a response to the staff report and SEP A analysis document. The PC
Chairman responded he would continue the public hearing to October 6,
2010.
15. The Planning Commission held a duly noticed open public hearing on
September 15, 2010. Oral public comments relating to the proposed
amendment were taken during the public hearing, and written comments
were accepted through the close of business September 30, 2010.
16. Miles Sand & Gravel Company's attomey, Bill Lynn, stated at the public
hearing on September 15, 2010 that revisions to conditions made part of
Ordinance #08-0706-04 that would be applicable to all the real property
subject to Ordinance #08-0706-04 (including the real property being leased
by his client) had been agreed upon by the Hood Canal Coalition (HCC) and
Miles Sand & Gravel Company. Mr. Lynn submitted to the PC a copy of
the agreed-upon text for the record.
17. A representative of the HCC thanked Lisa Kittilsby (co-owner of Miles Sand
& Gravel Company) for their willingness to discuss the HCC concerns and
.4.
stated it was an amazing process that happened very quickly. The HCC
withdrew their request for a continued public hearing.
18. The Planning Commission deliberated on the proposed amendment on their
regularly scheduled meeting of October 6, 2010.
19. The above statements indicate that the proposed CP amendment was and is
the subject of "early and continuous" public participation as is required by
GMA.
20. The Planning Commission discussed and voted on the individual
Comprehensive Plan Amendment considering the Growth Management
Indicators in 18.45.050 ICe. The Planning Commission also came to the
conclusion that when applying the Growth Management Indicators found in
18.45.050 ICC regarding "cumulative impacts" of its decision on the site-
specific amendment, they found no reason to change the recommendation.
21. The Planning Agency (Community Development and the PC)
recommendation was transmitted to the Board through formal memoranda
dated November 1, 2010, and is part of the record for the legislative
decision.
22. Incorporated by reference in the Planning Commission Recommendation
report were the meeting minutes and audio recording from the Planning
Commission meeting held on October 6, 2010, during which deliberations
took place and the recommendation was formulated.
23. The Planning Commission found that the MLA I 0-00073 proposal is
consistent with the Growth Management Act, the County-wide planning
policies, any other inter-jurisdictional policies or agreements, and any other
local, state or federal laws.
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24. On November 7, 2010, the Board voted and unanimously approved the
motion reflecting the Planning Agency recommendation and directed staff to
prepare ordinances to memorialize their actions.
25. The Board concurs with the Planning Agency and states that MLAI 0-00073,
as adopted, is consistent with the Growth Management Act, the County-wide
Planning Policies, any other inter-jurisdictional policies or agreements, and
any other local, state or federal laws.
26. With respect to the consistency between MLAlO-00073 and certain
provisions found in Chapters 3 and 4 of the current Comprehensive Plan,
this finding incorporates by reference the text found in the September 1,
2010 Staff Report at pages 2-5 through 2-13 inclusive.
27. The Comprehensive Plan text found in Chapters 3 and 4 which supports the
adoption of this Plan Amendment was made part of the Comprehensive Plan
through Ordinance #16-1213-04 adopted by the Board in December 2004.
28. All procedural and substantive requirements of the GMA, through the ICC
(Title 18) and the Planning and Enabling Act (RCW 36.70), have been
satisfied.
29. Pursuant to ICC Section 18.45.080(2)( c), for all adopted amendments the
Board is required to develop findings and conclusions which consider the
growth management indicators set forth in a) ICC Section 18.45.050(4)(b)(i)
through (vii), and b) items (i) through (iii) in ICC Section 18.45.080(J )(b).
30. ICC Section 18.45.080(1)(c), which contains eight criteria from which the
Board must generate findings, is applicable only to site-specific
Comprehensive Plan amendments.
31. Inquiry into the growth management indicators referenced above was begun
for the 20 I 0 Docket through the DCD integrated Staff Report and SEP A
Addendum of September 1,2010. The reader is referred to the September
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20 I 0 Staff Report at pages 2-1 to 2-4 inclusive, which pages are
incorporated herein by reference.
32. The Board adopts the Planning Agency's findings and conclusions with
respect to the growth management indicators as detailed in the Planning
Commission meeting minutes and audio recordings from October 6, 2010
during which deliberations took place and the recommendations were
formulated.
33. The revised conditions made Attachment "A" to this Ordinance differ from
the conditions originally made part of Ordinance #08-0706-04 AND
represent what was agreed upon by Miles Sand & Gravel Company and the
Hood Canal Coalition. That agreement was memorialized in a
Memorandum of Understanding between those parties dated September 14,
2010.
34. The Board adopts the revised language changes to Ordinance 08-0706-4 as
identified in Attachment "A" as signed by the Planning Commission chair
on October 7,2010.
35. Adoption of this Ordinance by the Board is authorized by both the Growth
Management Act and the general police powers provided to local
governments by Article XI, Section II of the State Constitution.
36. Adoption of this Ordinance furthers the health, safety and general welfare of
the populace of this County.
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: In accordance with MLA 10-00073 all real property found within the
Thorndyke Tree Fann and described or listed in Ordinance #08-0706-04 and
therefore subject to the terms and conditions of that 2004 Ordinance, shall
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hereafter be subject to the conditions that are made Attachment "A" to this
Ordinance.
Section Two: The conditions made part of Ordinance #08-0706-04 are hereby
repealed and replaced with the conditions listed on Attachment "A" to this
Ordinance except to the extent described in Section Three below.
Section Three: The Jefferson County Commission through adoption of this
Ordinance expresses its legislative intent that this Ordinance shall not alter, revise
or amend the 15 conditions (with subparts) applicable to Fred Hill Materials (or its
successors) with respect to that portion of the real property within the 690 acre
MRLO designated in 2004 where Fred Hill Materials (or its successors) remains
the lessee or operator (about 525 acres). If~ and only if, in the future this
Ordinance does not reflect or implement the above-described legislative intent,
then the text of the conditions made part of Ordinance #08-0706-04 shall control.
Section Four: If any section of this Ordinance is deemed either non-compliant or
invalid pursuant to the Growth Management Act, then the development regulations
and/or underlying zoning designations applicable to that parcel or parcels prior to
adoption of the non-compliant or invalid section of this Ordinance shall be
applicable to that parcel or parcels.
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Section Five: This Ordinance becomes effective on the date it is executed.
APPROVED AND ADOPTED this
,
SEAL:
, 0
.. '\ .,
.
ATTEST:
'x'f. ,
O .I /'" /1 / //(' )1
/ C.::/ 1_.'- ,
Lorna Delaney,
Clerk of the Board
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'['C-
o .,
/ ;::) -aay of December, 2010.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David
,:1; I i
I /<//
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Phil Jol1
Attachment" A"
LANGUAGE CHANGES TO CONDITIONS
OF JEFFERSON COUNTY ORDINANCE 08-0706-04
The following conditions now apply to all parcels of real property within the
Thorndyke Tree Farm except the 18 acres that is the subject of the MRL
requested and reflected in MLAI0-00073 (and described on Attachment "B"
in more detail) that were described and included in Ordinance #08-0706-04:
I. Prior to approval and operation of a surface mine in the Wahl Lake or
Meridian area of the Thorndyke Tree Farm, the proponent shall submit and
satisfy all requirements of the Unified Development Code (UDC) for that
area to be mined, including, but not limited to:
a. Protection of environmentally sensitive areas per Section 3:
. Mining is prohibited in Fish and wildlife Habitat areas or their
buffers.
. Mining is prohibited in Wetlands or their associated buffers.
. Submission of an Aquifer Recharge Area Report, Drainage and
Erosion Control Plan, and Grading Plan, the combination of
which shall demonstrate that the proposed activities will not
cause degradation of groundwater or surface waters.
. Submission of a Habitat Management Plan.
b. Performance standards of Section 4:
. Full compliance with the Washington State Surface Mining Act
(RCW 78.44) shall be required prior to any mining activity that
exceeds 3 acres of disturbed area.
. Extraction repOli prepared by a professional geologist with
elements required pursuant to UDC 4.24.2.a-f.
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. All extraction and reclamation activities that create a noise
disturbance must take place between 7:00 a.m. and 7:00 p.m.
c. Development standards of section 6:
. Stormwater management standards and practices.
. Best Management Practices for drainage and erosion control
and sedimentation control.
. Mineral extraction Best Management Practices III Aquifer
Recharge Areas.
d. Jefferson County procedures and policies at UDC Section 8 for
implementation of the State Environmental Policy Act (SEPA).
e. Any failure to abide by Jefferson County regulations shall be
investigated and enforced as provided by the requirements and
procedures of Section 10.
2. As a matter of policy, the legal, nonconforming use (i.e., established prior to
adoption of the UDC) at the Shine Pit hub of 144 acres (including an
existing MRL overlay of 121 acres) shall be subject to operational standards
a. and b. upon adoption of a Wahl Lake or Meridian MRL overlay and
operational standards c. and d. when (and if) approval is granted through a
permit review process for mineral extraction activities in the Wahl Lake or
Meridian MRL overlay:
a. The maximum permissible sound level at any and all recelvlllg
properties outside of the Thorndyke Tree farm shall be 57 dB(A)
between 7:00 a.m. and 7:00 p.m. on weekdays and 47 dB(A) on
weekends, holidays, and between 7:00 p.m. and 7:00 a.m. on
weekdays. Compliance protocol shall be established during review of
future mineral extraction permit application. Any planned, temporary
exceeding of these standards must be authorized beforehand by the
Administrator and documented in the compliance case file.
b. Outdoor lighting shall meet the specifications of the US National Park
Service Interim Design Guidelines for Outdoor Lighting. Building
lighting shall be located high on the structures and include forward
throw optics to direct lighting away from the sides of the buildings
and onto the ground. Lighting required for mineral extraction,
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processing, and transportation activities shall be independently
mounted (not directly attached to equipment) shall allow for a more
downward throw of light to further limit the potential for direct light
to reach offsite areas.
c. Transportation options shall be fully studied in project action
environmental review, including optimum hours for truck access to
SR 104. Transportation of any materials mined from the Wahl Lake
property off-site shall be by truck only.
d. A visual impact mitigation plan shall be a mandatory element of
project action environmental review, including but not limited to the
establishment of berms, vegetative plantings, and other measures to
mitigate offsite visual impacts.
3. Gravel mining operations shall, prior to approval and operation, obtain from
the Washington Department of Ecology Water Quality Program a national
Pollutant Discharge Elimination System and State Waste Discharge General
Permit (NPDES) for process water, stormwater and mine dewatering water
discharges. All activities within the MRL overlays shall be subject to the
standards of the latest edition of the Department of Ecology Stormwater
Management Manual for Western Washington.
4. Mining operations located within a designated Aquifer Recharge Area shall
demonstrate that the proposed activities will not cause degradation of the
groundwater quality below the standard described in Chapter 173-200 WAC
(Water Quality Standards for Ground Waters of the State of Washington):
a. The proponent shall prepare a Best Management Practices Report
pursuant to the criteria explained below, describing how the operators
will integrate other necessary and appropriate mitigating measures in
the design, installation, and management of the proposed facility or
use.
b. The report shall be prepared by, or done under the direction of or
designed by, a qualified person with demonstrated expertise in the
industry or field as demonstrated by a statement of qualifications and
at least three references from parties familiar with common business
practices in the subject field or known expertise in the field.
c. The report will identify appropriate BMPs and how they will be
employed to prevent degradation of groundwater. Examples of BMPs
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are available at the DCD Permit Center. All necessary technical data,
drawings, calculations, and other information to describe application
of the BMPs must be supplied.
d. The report shall identify how the applicant will satisfy the
requirements of the Dangerous Waste Regulations, Chapter 173-303
WAC, in the event that hazardous material is released into the ground
or groundwater.
e. The Department of Community development and/or a qualified
consultant contracted by the County at the applicant's expense shall
review the report. The County may consult with the Jefferson County
Department of Health and Human Services, State of Washington
Departments of Health or Ecology, independent reviewer, or any other
parties, as determined at the County's discretion.
5. Establish a written agreement with the County providing that all employees
at the mining site will be notified that the operation lies above an Aquifer
Recharge Area and all employees shall receive documented annual training
concerning all measures set forth the BMPs established in the reports
required above.
6. Mining operations located within a designated Aquifer Recharge Area shall
at all times comply with Olympic Air Pollution Control Authority/Olympic
Regional Clean Air Agency permit requirements. Prior to operation, the
proponent shall submit documentation from Olympic Air Pollution
Control/Olympic Region Clean Air Agency to the Community Development
Department verifying that the operation is in compliance with Olympia Air
Pollution Control permit requirements.
7. Mining operations located within a designated Aquifer Recharge Area shall
engage a third-party, selection of which is approved in advance by the
County, to monitor compliance with regulations and conditions pertaining to
their NPDES/State Waste Discharge Permit. Reports shall be prepared and
distributed as required in the NPDES/State permit, with copies to the County
each month unless the pelmit requires quarterly reporting in which case
copies will be provided to the County qumierly.
8. Mining operations located within a designated Aquifer Recharge Area shall
submit an annual report to the County evaluating implementation of the
Department of Natural Resources-approved Surface Mine Reclamation Plan.
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A qualified, independent consultant approved by the County shall prepare
the report. The report shall identify how restoration of the site compares to
the approved Reclamation Plan and whether any corrective action is
contemplated by the applicant or required by the Department of Natural
Resources.
9. The proponent shall submit quarterly inspections prepared by a third party
selected by Jefferson County which examines the activities within the MRL
overlay to assure compliance with the conditions of approval and mitigation
measures of applicable codes, statutes and ordinances. Any permit holders
and/or landowners shall allow unlimited access to Jefferson County or other
governmental agencies for the purpose of inspection and determination of
compliance with applicable conditions of approval and applicable statutes,
codes, and ordinances.
10. Uses within the Meridian area MRL overlay will be limited to extraction and
transportation via a conveyor system to the Shine Pit hub. No heavy
equipment maintenance or crushing operation shall be allowed in the
Meridian Area MRL overlay. Uses within the Wahl Lake area MRL overlay
will be limited to extraction and transportation via a conveyor system to the
adjacent MRL overlay. No heavy equipment maintenance or crushing
operation shall be allowed in the Wahl Area MRL overlay; however, a
portable jaw crusher may be used in conjunction with mining.
11. Mining will be limited to a maximum depth of ten (10) feet above the
seasonal high water table, which shall be established and monitored pursuant
to standard techniques and verified through independent review as arranged
by the County at the applicant's expense.
12. Maximum "disturbed area" [as that term is defined at RCW 78.44.031(5)J
size shall be detennined in consultation with Department of Natural
Resources but shall not exceed the lessor of 40 acres or the appropriate size
for a specific proposed site according to consideration and implementation
of the 'best management practices' promulgated by DNR. Reclamation shall
be conducted on an on-going basis, pursuant to progressive segmental
reclamation standards and according to the specific mining segment sizes
and timelines established in DNR-approved Reclamation Plans.
13. During mining operations, dust shall be controlled by the proponent, through
means of watering or other methods that are acceptable to the SEP A
Responsible Official.
.14.
14. a.
Transportation of materials from the Wahl Lake area off-site shall be
by truck only.
b. As to the Meridian area only: The application for a conveyor and pier
facility for barge loading in the Hood Canal has previously received a
threshold Determination of Significance (DS) from Jefferson County,
requiring the preparation of a project action Environmental Impact
Statement (EIS). Transportation of extracted materials to anticipated
markets shall be a component of the environmental review of any
extraction permit applications. Any permit issued shall be based on
the transportation methods and anticipated rate of transport stated in
the project application. Subsequent to extraction project approval,
any substantial change in the rate of extraction associated with that
extraction proposal shall require either a new or amended permit, and
potentially a new threshold determination issued by Jefferson County
as is allowed by WAC 197-11-600(3)(b)(i).
15. A periodic review process shall be established in conjunction with any future
mineral extraction or related permits granted for activities in or associated
with the current and newly adopted MRL overlays in the Thorndyke Tree
Farm. A five (5) year intervals from permit issuance, DCD will conduct a
periodic review process, equivalent to a Type II permit process under
Section 8 of the UDC, including applicable public notice provisions and
appeal rights, to determine whether the site is operating consistent with the
most current standards and to establish other conditions as necessary to
mitigate identifiable environmental impacts. Written notice that periodic
review is commencing shall be provided to the public and to agencies with
jurisdiction. The notice shall explain the purpose and intent of the periodic
review process and other relevant details.
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ATTACHMENT
B
Teorn4 Engineering 5819 N.E. Mindel Rd. . PQul~bo. Wo~hinglon 98370
f36012'9/-S:i60 '.j. (36;)) 29/-/951
Corrected Legal Description
LEGAL DESCRIPTION - 8-ACRE ASPHALT & BATCH PLANT AREA
Beginning at the Northeast corner of Section I, Township 27 North, Range I West,
W.M., Jefferson County, Washington;
Thence North 890 00' 29" West along the northerly limits of said section a distance of
1,486.34 to the True Point of Beginning;
Thence continuing North 890 00' 29" West along the northerly limits of said section a
distance of 427 .68 feet;
Thence North 19003' IS" West a distance of714.47 feet;
Thence North 640 35' 09" East a distance of400.00 feet;
Thence South 250 24' 51" East a distance of 144.35 feet;
Thence South 230 58' 58" East a distance of 155.31 feet;
Thence South 240 21' 06" East a distance of 148.25 feet;
Thence South 220 31' 38" East a distance of 118.44 feet;
Thence South 160 IT 30" East a distance of 115.41 feet;
Thence South 100 08' 42" East a distance of 147.62 feet;
Thence South 060 43' 16" East a distance of 82.11 feet to the True Point of Beginning.
Miles Sand & Gravel Co.
PO Box 130
Auburn, \VA 98071-0130
October I. 20 I 0
ONR Permit #70-011936
TeOftl4 Engineering 5819 N.E. Minder Rd.' Poul:.bo. Wt:l~hington 98370
">U"l (36012'97-5560 ,,:./ (360) 297.7951
Corrected Lel!al Description
LEGAL DESCRIPTION lO-ACRE PROCESSroIG AREA
Beginning at the Northeast corner of Section 1, Township 27 North, Range 1 West,
W.M., Jefferson County, Washington:
Thence North 890 00' 29" West along the northerly limits of said section a distance of
1,486.34 to the True Point of Beginning;
Thence continuing North 890 00' 29" West along the northerly limits of said section a
distance of 427.68 feet;
Thence South 000 59' 31" West a distance of875.54 feet;
Thence South 880 04' 20" East a distance of370.74 feet;
Thence South 01055' 40" West a distance of 402.38 feet;
Thence "iorth 480 25' 35" East a distance of29.36 feet;
Thence North 050 40' 28" East a distance of 69.10 feet;
Thence North 160 17' 58" East a distance of 1 07.34 feet:
Thence North 160 57' 08" East a distance of 104.18 feet;
Thence North 14026' 18" East a distance of 101.78 feet;
Thence North 10049' 00" East a distance of 1 05.91feet;
Thence North 030 41' 43" East a distance of 128.0 1 feet;
Thence North 040 23' 33" West a distance of 42.44 feet;
Thence North 020 30' 27" West a distance of65.72 feet;
Thence North 050 14' 59" West a distance of 180.35 feet;
Thence "iorth 04056' 25 West a distance of98.71 feet;
Thence "iorth 050 22' 12" West a distance of276.66 feet to the True Point of Beginning.
Miles Sand & Gravel Co.
PO Box 130
Auburn, WA 98071-0130
October 1.2010
DNR Permit #70-011936