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HomeMy WebLinkAboutZON2008-00030 UDC CONSISTENCY REVIEW Project PlVner: Master#MLA08-00100 Review Type Project Description ZON08-00030 V SUGGESTED COMP PLAN/UDC AMENDMENT—THE PROPOSAL IS TO AMEND THE WORDING IN THE JCC FOR BUFFERS FOR MINING IN ORDER TO MAKE THEM COMPLETE AND EFFECTIVE. Applicant: MICHAEL WHITAKER Site Address: WA, APL MICHAEL HAEL WHITC)\' es) Project Location: JEFFERSON COUNTY Parcel Number: 000000260 S-T-R:-- Total Acreage: Legal Description UNDEFINED Land Use: 4590 Flood District: Fire District: Planning Area: Flood Map(FIRM)Panel No: District: Zoning: COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA: MPR: WATER SUPPLY UTILITY: Service Area PUD: [ ] Plot plan states "property line" [ ] Assessor's Map(Property lines on submitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [ ] Legal Access to Property YES NO [ ] Parcel Tags or Scanned Documents YES NO [ ] ESA's: Special Reports Nearby YESNO [ ] Designated Ag [ ] Shoreline Designation: YES NO [ ] Shoreline Slope Stability: YES NO Stream Type:YES NO Fish& Wildlife:YESNO Wetlands: YESNO Rare Plants:YES NO Seismic: YESNO Landslide: YESNO Flood: YESNO Erosion: YESNO Aquifer Recharge Area:YES NO SIPZ: none At Risk High Risk Coastal Stormwater site plan submitted: YesNo [ ] Forest Lands: YESNO Adjoining Forest Lands: Commercial/ Rural/ Inholding [ ] Stormwater:New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's: Min Req#2 Min Req#1 thru#5 Min Req#1 thru#10 Engineering [ ] Notice Provisions/Disclosure: Airport YES NO MRL YES NO Forest Lands YES NO [ ] Landscaping Required: Yes No [ ] Parking Spaces Required NO 2 Other [ ] Building Height: 35' UBC Standard [ ] Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [ ] Total Building(s) Size: RVC:20,000 SF CC:5,000 SF NC:7,500 SF GC: 10,000 SF All others:subject to septic&water constraints/None specified [ ] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: Road Approach:EXISTING NOT REQ'D RAP [ ] SEPA Required:YES EXEMPT [ ] Flood Certificate: [ ] Existing Case(s)& Condition(s): Violations: Yes No [ ] Recorded Date of Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO [ ] Site Visit conducted YESNO [ ] Require Final Zoning Approval YES NO [ ] ADMIN: Setbacks entered in Permit Plan case N/A YES New Parcel Tags entered in Permit Plan N/A YES Special Reports Scanned N/A YES No parcel tags found for parcel Associated CASES status issued finaled description 000000260 MLA07-00066 ZON07-00014 P Suggested Comp Plan Amendment-Side by side comparison between UDC and Comprehensive Plan. MLA07-00067 ZON07-00015 P Suggested Comprehensive Plan Amendment-"to propose a change to the comp plan necessary to improve the consistency of intergovernmental planning. MLA07-00102 ZON07-00027 P Suggested Comprehensive Plan Amendment-The proposed UDC amendment to JCC 18.20.240(1)would prohibit mining activities in the RR 1:5 zoning designation. MLA07-00104 ZON07-00025 P Suggested Comprehensive Plan Amendment-Execute the provisions of the Growth Management Act under RCW 36.70.A.367. This will provide additional employment opportunities for citizens. MLA07-00464 BLD07-00444 A 3/4/2008 Stormwater Management for the Railroad Connector portion of Segment 3 of the Larry Scott Memorial Trail. MLA08-00098 ZON08-00028 P SUGGESTED COMP PLAN/UDC AMENDMENT MLA08-00099 ZON08-00029 P SUGGESTED COMP PLAN/UDC AMENDMENT—THE PROPOSAL IS TO MOVE DENSITY CHANGES WITHIN A ZONE FROM THE COMP PLAN TO THE UDC,THIS WILL RESULT IN MORE PROMT DECISIONS AND RELIEVE THE STAFF AND PLANNING COMMISSION OF HAVING TO MEET THE ANNUAL COMP PLAN CYCLE. MLA08-00100 ZON08-00030 P SUGGESTED COMP PLAN/UDC AMENDMENT—THE PROPOSAL IS TO AMEND THE WORDING IN THE JCC FOR BUFFERS FOR MINING IN ORDER TO MAKE THEM COMPLETE AND EFFECTIVE. '_ JEFFERSON C R ECEI ATI °D OUNTY • DEPARTMENT OF COMMUNITY DEVELOPMENT FEB • 2 9 2008 't 621 Sheridan Street•Port Townsend•Washington 98368 % 360/379-4450.360/379-4451 Fax JEFFERSON COWJY OCO www.co.jefferson.wa.usicommdevelopment t1 U Application for Suggested Comprehensive Plan / UDC Amendment' I MLA# (J 10a. • PROJECT/APPucANT liAME: f Ca A / 4 Y 4/ /"" p,,,4,-31 S ,t',,t� For Comprehensive Plan an 4"f ,, f,r•. Development by March 1 of u - .,� . ` Completed applications that f f ' 6 r. i5, 04 5 i Li) _- � year. Applications for sug �>`, ` '? 1,t `�/0//, �. M , 4 r .<; ~y� incomplete(i.e., that do not � ' {{J,/, /C `/R q . Submittal Re uiremet 6,0 /t . "� r}$ °` u\r��� ` - 1g, i5. ! O- 3 �i ;sz$� vru a��d xk � 1. A completed Master f tx ''r�,,a°e`v y tp..t�3 4� � ,, ) ` c c ;4 ,4 , "''q ' -1e,zo 2. A completed and sign f,a � ! 1-f-(,1 • `..C.2.0 - ,h ;, +�f`� F,,,Z,..;*e, 3. Any additional infonrr ✓ .r:;a - .r A , \ P,:,f su w L. P 4. Please prepare and <�� " F y -,,1 - . proposal(s) if apple w c/- �f_;.7A 4 accurately depicting ''°, ., . .J proposed uses and •,-)41 '...-v 1; /3 ''1. services. ° ' fr 5. Please provide an explanation of wny ura atom........—_"' 771e Ward n /r? +h.e Or) �Jct,/ .rs i',-/ /'i,,, /S / eo /e Q n /r1� r- r-L-/-,'e 6. Please prepare and label as"Exhibit ti,"proposed amendatory language(i.e.,to affected text of both the and UDC)shown in "bilr format, with text to be added indicated with underlining (e.g. Comprehensive tobe deleted Plan indicated with strikeouts(e.g.,strstrikeouts). , underlining).and text to be deleted 7. Please prepare and label as "Exhibit C,a thorough explanation of how the proposed amendment,meets,conflicts with,or relates to the following inquiries(NOTE:Simple"yes'or'no*responses are unacceptable.) a. Have the circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? b. Are the assumptions that form the basis for the Jefferson County Comprehensive Plan no longer valid,or has new • information become available that was not considered during the process of adoption of the Jefferson County Comprehensive Plan or any subsequent amendment? c. Does the proposed amendment reflect current widely held values of the residents of Jefferson County? 8. The applicant hereby certifies that the statements contained in this application are true and provide an accurate representation of the • ••• :• amendment;and the :• •-:nt(s)hereby acknowledges that any approval issued on this application maybe revok:• ' y such �a t: „ L�: .urd i. ,: false.j , i / ,. ../...,D._...>3/ 8_//,0/L1 ■ ✓liL/ICAN7'S SIGNATURE DATE 'See JCC Chapter 18.45. COMP PLAN AMEND APP.DOC REV.7/1372006 4)40V1#5°14 °se> JEFFERSON COUNTY Trq If D DEPARTMENT OF COMMUNITY DEVELOPMENT it 14 1,L . 621 Sheridan Street•Port Townsend•Washington 98368 360/379-4450- 360/379-4451 Fax www.cojefferson.wa.us/corru-ndevelopment 19471sICtel Master Permit Application MLA: • :":. fl Project Description(include separate sheets as necessary): Tax Parcel //7/1 Property Number Size: /*// ' (acres/square feet) Site Address and/or Directions to Property: Property Owner(s)of Record: Telephone: Fax email: Mailing Address: Applicant/Agent(if different from owner): Telephone: Fax email: Mailing Address: What kind of Permit?(Check each box that applies 0Building 0 Variance(Minor,Major or Reasonable Economic Use) 0 Demolition Permit • 0 Conditional Use[C(a),C(d),or CJ** 0 Single Family • : - Attached/Detached 0 Discretionary"V or Unnamed Use Classification 0 Manufactured •I = tar 0 Special Use(Essential Public Facilities)** • 0 Commercial* 0 Boundary Line Adjustment 0 Change of Use 0 Short Plat 0 Address 0 - Approach 0 Binding Site Plan** 0 Home Busi .-indusby 0 Long Plat** 0 Propane 0 Planned Rural Residential Development(PRRD)lAmendrnents** 0 Sign 0 Plat Vacation/Alteration** 0 Allowed"Yes' - Analysis 0 Shoreline Master Program Exemption/Permit Revisions** 0 Stommater 0 Shoreline Management Substantial Development** 0 Site Plan •• , • - Determination(SPAAD)* 0 Shoreline Management Variance . 0 Temporary Use 0 Comprehensive Plan/UDC/Land Use District Map Amendment 0 Wireless Telecommunication* 0 Jefferson County Shoreline Master Program Amendment 0 Forest Practices Act/Release of Six-Year Moratorium 0 Tree Vegetation Request • *Alley require a Pre—Application Conference "Requinos a Pre-Apprication Conference Please identify any other local,state or federal permits required for this proposal,if known: DESIGNATION OF AGENT I hereby designate to act as my agent in matters relating to this application for permit(s). OWNER SIGNATURE Date: By signing this application form,the owner/agent attests provided herein,and in any attachments,is true and correct to the best of his,her or Ws knowledge. Any material falsehood or any• •-'• material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save,indemnify and hold Jefferson • s against all liabilities,judgments,court costs,reasonable attorneys fees and expenses which may in any way accrue against • • ••-• result of or in consequence of the granting of this permit I further agree to provide access and right of entry! Jefferson • ! • its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs:••• and right• will be assumed unless the applicant informs the County in writing at the time of the application that he or she wants • .• 44. Signature: Date: .11 The action or actions Applicant will undertake as a • the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential •-•'of an endangered species as those terms are defined in the federal law known as the *Endangered Species Act"or"ESA?Jefferson • no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any 7 ,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you am in compliance with the Jefferson • ! development code.The Applicant acknowledges that he,she or It holds individual and non-transferable responsibility for adhering to and complying with the ESA. The Applicant has read this disclaimer and signs and dates it below. Signature: Date: GAPerrnitCenter###FORMS### DRD FORMS\Master Permit Application 12-19-2006.doc • R CE1 VED r 'S "EXHIBIT A" ' 2 nod PROPOSAL TO AMEND JCC BY MIKE WHITTAKER PURPOSE: CURRENTLY, BUFFERS FOR MINERAL RESOURCE OVERLAY LANDS ARE MERELY ALLUDED TO IN THE CODE AND NOT SPECIFICALLY SPELLED OUT FOR PURPOSE AND INTENT. 18.15.170 STATES THAT MINERAL LANDS ARE CHARACTERIZED BY (3) THE SUBJECT PROPERTY IS SURROUNDED BY PARCELS NO SMALLER THAT FIVE ACRES IN SIZE ON 100% OF ITS PERIMETER. THE INTENT OF THIS WORDING CAN ONLY BE TO CREATE A BUFFER FOR ADJACIENT PARCELS. JCC 18.20.240, MINERAL EXTRACTION, PAGE 18-114.19, ITEM 2C, UNDER EMPLOYING BEST MANAGEMENT PRACTICES MENTIONS BUFFER ZONES AND OTHER PRECAUTIONARY MEASURES AS APPROPRIATE TO PROTECT ADJOINING LANDS, SURFACE AND GROUND WATER, ESA'S, WILDLIFE HABITAT, AND SCIENIC RESOURCES AND REFERS THE READER TO JCC 18.30 (DEVELOPMENT STANDARDS). I CAN FIND NOTHING IN 18.30 ON BUFFERS. "EXHIBIT B" PROPOSED AMENDATORY LANGUAGE: ADDENDUM TO 18.15.170 (3) THE SUBJECT PROPERTY IS SURROUNDED BY PARCELS NO SMALLER THAN FIVE ACRES IN SIZE ON 100% OF ITS PERIMETER TO PROVIDE A GENERAL LAND USE COMPATIBILITY BUEFER. THESE PARCELS SHALL BE IN THE OWNERSHIP OF THE MRLO AND BE THE SOLE PROVISION OF BUFFERS TO ADJACIENT PARCELS AND OTHER OWNERSHIPS. IF THESE PARCELS ARE NOT IN THE SAME OWNERSHIP AS THE MRLO, A 200 FOOT MINIMUM BUFFER SHALL BE PLACED AROUND THE ENTIRE PERIMETER.ON THE MRLO. ADDENDUM TO 18.20.240 (2) MRLO BUFFERS SHALL BE EXCLUSIVE OF ANY MINING ACTIVITY, STRUCTURE, OR ACCESSORY USE SUCH AS BUT NOT LIMITED TO MINERAL STOCKPILING, EQUIPMENT STORAGE, VEHICLE PARKING, SCALES OR WEIGH STATION, BATCH PLANT, OFFICE STRUCTURES, OR SIMILAR APPURTENANCES TO MINING AND EXTRACTION AND PROCESSING OPERATIONS. BUFFERS ARE INTENDED TO BE OPEN SPACE MAINTAINED IN NATURAL AND/OR LANDSCAPED VEGETATION WITH THE SOLE EXCEPTION OF INGRESS/EGRESS DRIVEWAYS ONLY AS MINIMALLY NECESSARY AND UTILITY LINES TO THE SITE. IF THESE PARCELS ARE NOT IN THE OWNERSHIP OF THE MRLO, THE OWNERS OF THE MRLO SHALL PROVIDE A 200 FOOT BUFFER ALONG THE ENTIRE CIRCUMFERENCE OF THE SUBJECT SITE. BUFFERS ARE TO IN THE EXCLUSIVE OWNERSHIP CONTROL OF THE APPLICANT AND/OR MRLO OPERATOR. PUBLIC RIGHT OF WAYS SHALL NOT BE CONSIDERED PART OF ANY BUFFER. "EXHIBIT C" NOT APPLICABLE. THIS IS CODE LANGUAGE CHANGE AND DOESN'T AFFECT THE COMPREHENSIVE PLAN. ELATED FEB 292008 COT? DCO 7. C WAC 197-11-960 Elnitialfiiitid cheddist E ENVIRONMENTAL CHEOGIST !Impose Ocheddbt: - FEB 2 LouR The State Ethillithinal Policy Act(SEPA),chapter 43.21C RCW,requires altgriveinmental. tat it si environmental impactirtiOproposal before making decislaw:.-An environmental impact statement -l l f. proposajs with probabkr-Stinfi: cant adverse impacts on the of the envinnunent.:Tho.porpOse-of this checklist is to provide infonnatkin to help yon and the agency identify impacts from your proposal(and to reduce or avoid impacts from the proposal,if it can be done)and to hetp the agency decide whether an EISis required. instructions/or am/karat: This environmental checklist asks you to desenbenome basic information a**yourproposal. Governmental agencies use' this checklist to determine whether the environmental impacts of your proposal are Significant,requiring preparation of an EIS. Answer the questions tuiefiy,with the most precise information known,or give the best description you can. You must answer each question accurately and carothily,to the best of youriciroVdedga Inmost.cases,you should be able to answer thequestions from your own observations or project plans without the need to hire experts. If you really do not know the answer,or if a question does not apply to your proposal;- "do not know" or "dOes nql.apply." Complete answers to the questions now may avoid unnecessary delays later. - Some questions ask about governmental regulations,such as wiling,shoreline,and-landmark designations. Answer these questions ifyon can. Ifyot have problems,the governmental agencies can assist you. The checklist questions apply to all parts of your proposal,even if you plan to do than over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its awkonmental effects. The agency to which you submit this checklist may ask you to(=plain-your"ans-wers or provide addifiiinidinfaination-reasonably related to determining if thete may be significant adverse impact. Use ticheeklist for nonproject proposals: Complete this checklist for nonproject proposals,even though questions may be answered"does not apply." IN ADDMON, complete the SUPPLEMENTAL wen FOR NOMPROJECT AMIONS(part D). For nonproject actions,the references in the checklist to the words°project,""applicant,"imd"property or site"should be read as"proposal,""proposer,"and"affected geographic area,"respectively. A. BACKGROUND 1. Naine ofproposed project,if applicable: /Ma E_ f"Is / 641/a (F ii 7f.f4.J 4 r-/2, 41 .d4 7. '77- C 64 0 d- 2. Name of applicant: 3. Address and phone amber of applicant and contact person: 44(K1 Whg- /? Rd, )( 4. Date cheddist prepared: 2 ( 9/ 8 5. Agency requesting checiclist 4.,11,,z///V4 , t (. 1„s-',‘„), VP( "14 .6. Proposed timing or schedule(including phasing if applicable): A/74 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal? If yes, explain. /17 71' r s I . �. p h •'''l„,, ,ry (..Jd C_ S Whittaker: 1. Create a new section of the code (JCC 18.15.181?)to include setbacks on properties adjacent 4.404)• to MRLOs similar to those applied to forest lands in 18.15.150(3) & (4). AcL-Ok r� A; 2. Amend JCC 18.15.170(5) so that MRLOs are located at least %2 mile from MPRs in addition y 7,1,u to UGAs and RVCs. _ PM.} t„)io,,, ✓s:) ,to 6e is ars,.. UCM)So y2 `L e_ ,"s ea 4 a, 4(11d ceV v i 3 Amend JCC 18.20.240(2) (in(c) o btwn. f& : so that it refers to JCC 18.30.190 (see �d whitaker's proposed language in pow- •omt).* +� a s se 0,44,4 0 c v, °N.” 4/. l 4. Amend JCC 18.20.240(2)(f) (or should this be incorporated into 18.20.240(2)(b)?) with the 4c 2 (e5 following language (proposed by Whitaker) added to the end(check with A.G. o in „ • Olympia to confirm that this is legal): [ b, c,A4-'c-1-e.d 6 co, A) " �►�'� "'"rY)'�, �',jc "Before initial,y erations and prior to changes in operations, the County xeem €�t a �`J''�r e noise study to confirm that proposed operations will meet state noise standards in WAC 173- 60-040. The operator will pay a fee sufficient to cover County costs for the noise study."* *DOT noise officer said the WAC standards are realistic. i- ,j �e few,, HCC: Amend JCC 18.20.240(1)(b) so that non-MRLO mining activity must be less than the DNR surface mining permit standard of any mining over 3 acres, or which contains a `face' taller than 30 feet and steeper than 45 degrees. Amend JCC 18.15.040 (pg. 18-52) so that MRLO extraction activities are a conditional use in RR 1:5 zoning. 1,y is ,iLi7 S>, ° , 4 ve,,.s an W c. ..t,), / yst re jg, i0, "9-60 - i8 aV. 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A Jefferson County Department of Community Develo•ment Memorandum To: Al Scalf and Stacie Hoskins From: Ryan Hunter,(360)379-4464,rhunter @co.jefferson.wa.us CC: [Click here and type name] Date: 7/2/2008 Re: UDC Amendments Preliminary Analysis In preparation of an eventual staff recommendation on the proposed UDC Amendments,below is a brief preliminary analysis of three of the proposed amendments. 1)MLA08-001 00:Michael Whittaker Require a 200 ft.buffer around the perimeter of MRLOs While it is clear that the county has the authority to enact regulations which mitigate impacts from mineral resource activity on adjacent land owners(Comp.Plan NRP 2.1,6.3,&6.4),the bulk of the relevant statutes and regulations seek to ensure that adjacent land owners do not interfere with mineral resource extraction.Relevant statutes and regulations already require use of BMPs and setbacks on properties adjacent to forestland(where mineral resource extraction often occurs)and the SEPA and permitting process allows the county to apply conditions to mitigate any additional impacts identified at the project level.In addition,JCC 18.15.180(2)(b)requires a disclosure statement for all land use decisions within 500 feet of MRLOs.A case has therefore not been made and it is not necessarily evident to staff that the regulation proposed by Mr.Whittaker is needed in addition to the existing regulatory structure for mineral resource extraction in the county. If staff is to recommend additional regulations,it would be more consistent with relevant statutes to amend JCC 18.15.170 to include setbacks on properties adjacent to MRLOs similar to those applied to forest lands in 18.15.150(3)&RI.While such setbacks would only apply to properties adjacent to .: ,dettonint 1 t.Do requirod set basks make serfs give 1114 M B are intendedto only MRLOs,the mitigations in JCC 18.20.240 likely address many of the concerns motivating this ti tempt ary t proposed amendment.Moreover,compatibility with neighboring land uses must be considered in m, ` locating new MRLOs(Comp.Plan pgs.4-6&4-7;NRP 7.2)and mitigating conditions will be applied in the SEPA and permitting process.There is some concern,however,in that no direction is provided as to how to assess compatibility with neighboring land uses.The response to MLA07-00102 below may address the compatibility issue when locating new MRLOs adjacent to existing residential development. 2)MLA07-00102:Hood Canal Coalition/M.Gendler 1 Prohibit mining related activity on RR 1:5 outside of MRLOs Given the emphasis on conserving mineral resource lands found in relevant statutes and regulations,the Hood Canal Coalition's(HCC)proposed UDC amendment is not advisable as it would prohibit mining activity of less than 10 acres on RR 1:5 zoning and thus eliminate a number of legitimate small scale t mining activities occurring in the county.The proposed amendment does,however,raise a legitimate question about the compatibility of larger scale mining in the county's smallest rural residential zone, and in fact a similar concern may have been the motivation behind Mr.Whitaker's proposed E, amendment.In consideration of this issue,staff recommends consideration of potential amendments that may help to address this concern while also remaining consistent with relevant statutes and 4 regulations. , vAV lH _ .0./,..T 4 , / JCC 18.15.170 permits the county to dosignate an RLO i e subject area is commercially viable for i1� mineral extraction,includes a minir} im of 10 acres, no adjacenels smaller than 5 acres the A,.) current or future land use will not exceed RR 1:5,is at least h mile beyond a UGA or RVC boundary,.�0`"' __I*. and is not within a shoreline or fish and wildlife or wetland Habitat area.The 10 acre minimum requirement is intended to separate large scale mining operations from small scale operations,but staff is unaware of specific justification for the line being drawn at 10 acres.In contrast,the DNR requires that any mining over 3 acres,or which contains a`face'taller than 30 feet and steeper than 45 degrees a tor a surface mining permit.In consideration of large versus small mining operations,staff believes ,Ott'(i ex►d- that DNR's criteria for a surface mining permit are more defensible and that the 10 acre minimum dt criterion in JCC 18.15.170 should be amended to be consistent. tam nett( 21 In sntfftng[rern 10 acne minimum for MRLO to ONR a 3-acre,would we be creating.a'lot more work;forspRO,..how In addition,to further ensure that new large mining operations are compatible with surrounding land many 3-1 o acre alining opeiahvns without uses,staff recommends that JCC 18.15.170 be amended so that new MRLOs are only located in areas MRLOs are out there?,- where the current or future land use will not exceed RR 1:10,so as to avoid large scale mining in the county's smallest rural residential zone where setbacks on adjoining properties are difficult to Achiev0. car meit LEI BtA shouldn't-matter if d�a�eerlt lands are Naoant it•really only an lss if ad scent '15 land The above two amendments would create a situation in which MRLOs cannot occur on RR 1:5 zoned dd>}& perhaps itak t l4'a properties and non-MRLO mining operations cannot exceed 3 acres,leaving 2 acres on a 5 acre bettin' i kin rn fro'ctrr enough ,' `itlerr ry n,#'�cre�iil�y�rcrf be enough to et fectivoy property in a RR 1:5 zone unavailable for mining.If we are to assume that non-MRLO activities are bttlferdevelopment,to lffacant land bets small scale operations for personal use,secondary to the use of the property as a residence,it is devaltxpe¢,they don't ha�kethe acreage to t Y Prop t}+buffer., t if,YOu attict mining due to reasonable to assume that the'missing'two acres would be reserved for the primary cesidence. expected future developrne rather than i`rpisting developitent,Men you could be Viliating Perhaps noticing Is all you can The above two amendments would also require a comprehensive plan amendment rezoning all RR 1:5 #lo'with future development that does-not have zoned areas with existing MRLOs to RR 1:10 so as to allow continued conformity with our code(so enough-acreage to buffer. _ long as they have the acreage to do so,which they currently do with consolidating adjacent properties a l:This paragraph doesn't work ender parcel,.size and zoning do not necessarily under common ownership).It would also require identifying all mining operations that previously did correspond, not require an MRLO,but do require it under a new code,and processing them for possible MRLO designation(that may also include down-zoning from RR 1:5 to RR 1:10).Alternatively,we could leave these operations as nonconforming uses and place the burden on the property owner to seek a _....... ...______ rezone or MRLO designation if they choose to expand or modify their loperatiorf.. - r cn nt,[ac on't need to rezone,they can expand under non-conforming use or diminishing assets, A final recommendation arises from the observation that many of the current concerns expressed by the public result from large scale mining operations in close proximity to UGA,RVC,or MPR boundaries. •Page 2 This implies that the%mile distance criterion in JCC 18.15.170 is not sufficient and should be amended to extend the distance to 1 mile and to include MPRs in addition to UGAs and ZVCs. Comment PC6 How hi this impact IML2? Was there arsasoning for'%mile/Can we 3)MLA 08 00106:Bill Miller justify 1 mile'given impertande of resource lands An GMA?`•I 7 Allow sawmills as a conditional use(C(a))in RR'1:20 and RR 1:10 It is clear from review of the relevant statutes and regulations that Mr.Miller's proposed amendment is permissible,with the caveat that it depends on the size of the sawmill.Large sawmills would clearly be a commercial activity that would not be compatible with rural residential land use and thus would warrant an RBIZ designation.Small sawmills,however,could occur as a use secondary to a residence and would be compatible when operating under the performance standards established in JCC 18.20.230. While there is no perfect criteria which differentiate small and large sawmill operations,staff recommends,after consultation with DNR and others,that small and large operations be differentiated by whether they utilize a portable versus stationary saw. With this in mind,and given that small scale sawmill operations conform very well to the definition of a cottage industry,staff recommends that JCC 18.20.170(2)be amended to include"(o)Small scale portable sawmill."The tern`small scale'is inserted to ensure that large sawmill operations don't use a portable saw to get around zoning restrictions and to give added discretion to the administrator to determine what is a compatible size of operation for the surrounding land uses. The above recommendation differs from the proposed amendment in that it would permit small scale sawmills on RR 1:5 in addition to RR 1:10 and RR 1:20 and in that it makes the activity subject to C(d) rather than C(a)review,as is the case for all cottage industries in RR zones. •Page 3 Jefferson County Department of Community Develo • ment Memorandum To: Al Scalf and Stacie Hoskins From: Ryan Hunter, (360)379-4464, rhunter @co.jefferson.wa.us CC: [Click here and type name] 41P Date: 6/19/2008 Re: UDC Amendments Preliminary Analysis • - In preparation of an eventual staff recommendation on the proposed UDC Amen ents,below is a brief preliminary analysis of three of the proposed amendments. 1)MLA08-00100: Michael Whittaker Require a 200 ft.buffer around the perimeter of MRLOs While it is clear that the county has the authority to enact regulations which mitigate impacts from mineral resource activity on adjacent land owners(Comp.Plan NRP 2.1,6.3,&6.4),the bulk of the relevant statutes and regulations seek to ensure that adjacent land owners do not interfere with mineral resource extraction.Relevant statutes and regulations already require use of BMPs and setbacks on properties adjacent to forestland(where mineral resource extraction often occurs)and the SEPA and permitting process allows the county to apply conditions to mitigate any additional impacts identified at the project level.A case has therefore not been made and it is not necessarily evident to staff that the regulation proposed by Mr.Whittaker is needed in addition to the existing regulatory structure for mineral resource extraction in the county. If staff is to recommend additional regulations,it would be more consistent with relevant statutes to amend JCC 18.15.170 to include setbacks on properties adjacent to MRLOs similar to those applied to � 412) forest lands in 18.15.150(3)&(4). While such setbacks would only apply to properties adjacent to i g'. • MRLOs,the mitigations in JCC 18.20.240 likely address many of the concerns motivating this proposed amendment.Moreover,compatibility with neighboring land uses must be considered in locating new MRLOs(Comp.Plan pgs.4-6&4-7;NRP 7.2)and mitigating conditions will be applied in the SEPA and permitting process. There is some concern,however,in that no direction is provided as to how to assess compatibility with neighboring land uses.The response to MLA07-00102 below may address the compatibility issue when locating new MRLOs adjacent to existing residential development. 2)MLA07-00102: Hood Canal Coalition/M. Gendler Prohibit mining related activity on RR 1:5 outside of MRLOs 1 Given the emphasis on conserving mineral resource lands found in relevant statutes and regulations,the Hood Canal Coalition's(HCC)proposed UDC amendment is not advisable as it would prohibit mining activity of less than 10 acres on RR 1:5 zoning and thus eliminate a number of legitimate small scale mining activities occurring in the county.The proposed amendment does,however,raise a legitimate question about the compatibility of larger scale mining in the county's smallest rural residential zone, and in fact a similar concern may have been the motivation behind Mr. Whitaker's proposed 1 amendment.In consideration of this issue, staff recommends consideratio s • as -. -,••-• _• that may help to address this concern while also remaining consistent with relevant statutes and regulations. JCC 18.15.170 permits the county to designate an MRLO if the subject area is commercially viable for mineral extraction,includes a minimum of 10 acres,has no adjacent parcels smaller than 5 acres,the current or future land use will not exceed RR 1:5,is at least 1/2 mile beyond a UGA or RVC boundary, and is not within a shoreline or fish and wildlife or wetland habitat area. The 10 acre minimum requirement is intended to separate large scale mining operations from small scale operations,but staff is unaware of specific justification for the line being drawn at 10 acres. In contrast,the DNR requires that any mining over 3 acres,or which contains a`face' taller than 30 feet and steeper than 45 degrees obtain a surface mining permit.In consideration of large versus small mining operations,staff believes that DNR's criteria for a surface mining permit are more defensible and that the 10 acre minimum criterion in JCC 18.15.170 should be amended to be consistent. In addition,to further ensure that new large mining operations are compatible with surrounding land uses,staff recommends that JCC 18.15.170 be amended so that new MRLOs are only located in areas where the current or future land use will not exceed RR f:10,so as to avoid large scale mining in tfie county's smallest rural residential zone where setbacks on adjoining properties are difficult to achieve. The above two amendments would create a situation in which MRLOs cannot occur on RR 1:5 zoned G' DY properties and non-MRLO mining operations cannot exceed 3 acres;leaving 2 acres on a 5 acre `s ,1/4y property in a RR 1:5 zone unavailable for mining.If we are to assume that non-MRLO activities are 0'6` �-��t small scale operations for personal use,secondary to the use of the property as a residence,it is C,," ,rcv reasonable to assume that the `missing' two acres would be reserved for the primary residence. i)^1'`„/� C 3. c The above two amendments would also require a comprehensive plan amendment rezoning all RR 1:5 P�' zoned areas with existing MRLOs to RR 1:10 so as to allow continued conformity with our code(so long as they have the acreage to do so,which they currently do with consolidating adjacent properties under common ownership). It would also require identifying all mining operations that previously did not require(thMRLO,y also ulciva require fromcode,and to RR 1110).Alternatively,we could MRLO t—' leave these operations as nonconforming uses and place the burden on the property owner to se r e z o n e or MRLO designation if t h e y choose to e x p a n d or m o d i f y their operation. �►s-t- l 22.) W-' ( M -O t P ) J - A final recommendation arises from the observation that many of the current concerns expressed by theme' public result from large scale mining operations in close proximity to UGA,RVC,or MPR boundaries. 1r�,21iO This implies that the %2 mile distance criterion in JCC 18.15.170 is not sufficient and should be 4. ,1 t i o 6'6-N,3 G-> amended to extend the distance to 1 mile and to include MPRs in addition to UGAs and RVCs. Pc szv-rs •Page 2 3)MLA 08-00106:Bill Miller Allow sawmills as a conditional use(C(a))in.RR 1:20 and RR 1:10 It is clear from review of the relevant statutes and regulations that Mr.Miller's proposed amendment is permissible,with the caveat that it depends on the size of the sawmill.Large sawmills would clearly be a commercial activity that would not be compatible with rural residential land use and thus would warrant an RBIZ designation. Small sawmills,however,could occur as a use secondary to a residence and would be compatible when operating under the performance standards established in JCC 18.20.230. While there is no perfect criteria which differentiate small and large sawmill operations,staff recommends,after consultation with DNR and others,that small and large operations be differentiated by whether they utilize a portable versus stationary saw. With this in mind,and given that small scale sawmill operations conform very well to the definition of a cottage industry,staff recommends that JCC 18.20.170(2)be amended to include"(o)Small scale portable sawmill."The term`small scale' is inserted to ensure that large sawmill operations don't use a portable saw to get around zoning restrictions and to give added discretion to the administrator to determine what is a compatible size of operation for the surrounding land uses. The above recommendation differs from the proposed amendment in that it would permit small scale sawmills on RR 1:5 in addition to RR 1:10 and RR 1:20 and in that it makes the activity subject to C(d) rather than C(a)review,as is the case for all cottage industries in RR zones. •Page 3 Jefferson County Department of Community Develo • ment Memorandum ka4t)ifi‘Da r-e ar To: Al Scalf and Stacie Hoskins �n0.A4e's 0,_ Y.e cor,A n`�cidtt 4m From: Ryan Hunter, (360)379-44; , rhunter @co.jefferson.wa.us M . (rev s. s%4 CC: [Click here and type name] ssLt �jr� � Date: 6/3/2008 ti C�� ( � p e� . ,�Sz1��� Re: UDC Amendments Preliminary Analysis 1 �._ -A - be_ p��- -,� 4 ocaCse `. In preparation of an eventual staff recommendation on the proposed UDC Amendments,below is a brief preliminary analysis of three of the proposed amendments. J e , y ,e fiL nI /4;1 / S f ta 1)MLA08-00100: Michael Whittaker -1 l edo -t( r Require a 200 ft.buffer around the perimeter of MRLOs S i c -VY£?14 While it is clear that the county has the authority to enact regulations which mitigate impacts from ` J, mineral resource activity on adjacent land owners(Comp.Plan NRP 2.1,6.3,&6.4),the bulk of the relevant statutes and regulations seek to ensure that adjacent land owners do not interfere with mineral resource extraction.Relevant statutes and regulations already require use of BMPs and setbacks on properties adjacent to forestland(where mineral resource extraction often occurs)and the SEPA and permitting process allows the county to apply conditions to mitigate any additional impacts identified at the project level.A case has therefore not been made and it is not necessarily evident to staff that the regulation proposed by Mr. Whittaker is needed in addition to the existing regulatory structure for ' mineral resource extraction in the county. ] , j If staff is to recommend additional regulations,it would be more consistent with relevant statutes to amend JCC 18.15.170 to include setbacks on properties adjacent to MRLOs similar to those applied to d ► �, forest lands in 18.15.150(3)&(4). While such setbacks would only apply to properties adjacent to cu MRLOs,the mitigations in JCC 18.20.240 likely address many of the concerns motivating this vd i proposed amendment.Moreover,compatibility with neighboring land uses must be considered in ir7 locating new MRLOs(Comp.Plan pgs.4-6&4-7;NRP 7.2)and mitigating conditions will be applied in the SEPA and permitting process.There is some concern,however,in that no direction is provided as to how to assess compatibility with neighboring land uses.The response to MLA07-00102 below may address the com__patibility issue when locating new MRLOs adjacent to existing residential development. 2)MLA07-00102: Hood Canal Coalition/M.Gendler Prohibit mining related activity on RR 1:5 outside of MRLOs 1 r'L,,, J +YY Given the emphasis on conserving mineral resource lands found in relevant statutes and regulations,the Hood Canal Coalition's(HCC)proposed UDC amendment is not advisable as it would prohibit mining activity of less than 10 acres on RR 1:5 zoning and thus eliminate a number of legitimate small scale mining activities occurring in the county.The proposed amendment does,however,raise a legitimate question about the compatibility of larger scale mining in the county's smallest rural residential zone, and in fact a similar concern may have been the motivation behind Mr. •..• er s proposed 61 0 C l4f amendment.In consideration of this issue,staff recommends consideratio of potential amendments that may help to address this concern while also remaining consistent with re .tute • ' regulations. ca ), ;SS L-titeeC 4crvti- 7(0 JCC 18.15.170 permits the co to designate an MRLO if the su • t area is commercially viable for mineral extraction,includes • minimum of 10 acres,has no a • cent parcels smaller than 5 acres,the current or future land us- 11 not exceed RR 1:5,is '/2 mile beyond a UGA or RVC boun•• o t di and is n• wi •' • !•. •r • fish Grid wildlife wee- 'habitat area. The 10 acre m's••• 'L n.4r-e ri.vv, ' l requirement is intended to separate large scale mining oper• •ens from • e operations,but staff 6 r.A;afAi,t,r,e: "W' �, is unaware of any justification for the If r- •- • drawn . 0 a•"s. n contrast,the DNR requires that \`' any minin_ 3 acres or larger,or which contains-a`face' 'er than 30 feet,or which produces material s• r. £ommerci.• obtain a surface mining permit. In consideration of large versus small mining t..-42-P c.crc(,,cat,, ope °•. staff believes that DNR's criteria for a surface minin' remit are more defensible and that , , t h e 10 a c r e •r'se is c r i t e r i o n in JCC 18. I •ruld b- ens_41,,be consistent. One exception may se to exclude the criterion that the material be sold co•••ercial'•, •i. -2 D.- it. 1 scale mining operations may want to sell their materials as part of a co, .ge i • • . Ci Q C In addition,to further ensure that new large mining operations are compatible with • unding rand uses,staff recommends that JCC 18.15.170 be amended so that new MRLOs arejf located in areas where the current or future land use will not exceed RR 1:10,so as to avoid large scale mining in the county's smallest rural residential zone where setbacks on adjoining properties are difficult to achieve. lAA-441(_ The above two amendments would create a situation in which MRLOs cannot occur on RR 1:5 zoned v A.._. properties and non-MRLO mining operations cannot exceed 3 acres,leaving 2 acres on a 5 acre te,y property in a RR 1:5 zone unavailable for mining.If we are to assume that non-MRLO activities are small scale operations for personal use,secondary to the use of the property as a residence,it is f Cc. reasonable to assume that the `missing' two acres would be reserved for the primary residence. G r t•t The above two amendments would also require a comprehensive plan amendment rezoning all RR 1:5 Ca 45- -et• zoned areas with existing MRLOs to RR 1:10 so as to allow continued conformity with our code(so Cj,e._ long as they have the acreage to do so,which they currently do with consolidating adjacent properties under common ownership).It would also require identifying all mining operations that previously did 1✓lC:c•,tipo.i%e not require an MRLO,but do require it under a new code,and processing them for possible MRLO designation(that may also include down-zoning from RR 1:5 to RR 1:10).Alternatively,we could leave these operations as nonconforming uses and place the burden on the property owner to seek a `T ,. rezone or MRLO designation if they choose to expand or modify their operation. c L.o e,k+ A final recommendation arises from the observation that many of the current concerns expressed by the ,-M,19(e- public result from large scale mining operations in close proximity to UGA,RVC,or MPR boundaries. �.. "C l C tS >14?- f `i `z, /- +ke- cI rt Pr eA e he uu-ez.44.- •Page 2 `J e ra.crtt 0Y1 Ci4 D.j AS A%0 t`may) et,,._A-- .,. fp(No ces5t ns c /40t5e l' ..) ) C I r This implies that the 1/2 mile distance criterion in JCC 18.15.170 is not sufficient and should be amended to extend the distance to 1 mile and to include MPRs in addition to UGAs and RVCs. 3)MLA 08-00106: Bill Miller Allow sawmills as a conditional use(C(a))in RR 1:20 and RR 1:10 It is clear from review of the relevant statutes and regulations that Mr.Miller's proposed amendment is permissible,with the caveat that it depends on the size of the sawmill.Large sawmills would clearly be a commercial activity that would not be compatible with rural residential land use and thus would warrant an RBIZ designation. Small sawmills,however,could occur as a use secondary to a residence and would be compatible when operating under the performance standards established in JCC 18.20.230. While there is no perfect criteria which differentiate small and large sawmill operations,staff recommends,after consultation with DNR and others,that small and large operations be differentiated by whether they utilize a portable versus stationary saw. With this in mind,and given that small scale sawmill operations conform very well to the definition of a cottage industry,staff recommends that JCC 18.20.170(2)be amended to include"(o)Small scale portable sawmill."The term `small scale' is inserted to ensure that large sawmill operations don't use a portable saw to get around zoning restrictions and to give added discretion to the administrator to determine what is a compatible size of operation for the surrounding land uses. The above recommendation differs from the proposed amendment in that it would permit small scale sawmills on RR 1:5 in addition to RR 1:10 and RR 1:20 and in that it makes the activity subject to C(d) rather than C(a)review,as is the case for all cottage industries in RR zones. •Page 3 � ( a "EXHIBIT A" PROPOSAL TO AMEND JCC BY MIKE WHITTAKER PURPOSE: CURRENTLY, BUFFERS FOR MINERAL RESOURCE OVER `, ; LANDS ARE MERELY ALLUDED TO IN THE CODE AND NOT SPECIFIC' .: SPELLED OUT FOR PURPOSE AND INTENT. 18.15.170 STATES THAT U MINERAL LANDS ARE CHARACTERIZED BY(3)THE SUBJECT PROP IS SURROUNDED BY PARCELS NO SMALLER THAT FIVE ACRES IN S - ON ON 100%OF ITS PERIMETER. THE INTENT OF THIS WORDING CAN • BE TO CREATE A BUFFER FOR ADJACIENT PARCELS. JCC 18.20.240--,-;:: ' tt MINERAL EXTRACTION, PAGE 18-114.19, ITEM 2C, UNDER EMPLOY! .a ` BEST MANAGEMENT PRACTICES MENTIONS BUFFER ZONES AND 0 PRECAUTIONARY MEASURES AS APPROPRIATE TO PROTECT ADJ. LANDS, SURFACE AND GROUND WATER, ESA'S, WILDLIFE HABITAT SCIENIC RESOURCES AND REFERS THE READER TO JCC 18.30 (DEVELOPMENT STANDARDS). I CAN FIND NOTHING IN 18.30 ON C BUFFERS. rY "EXHIBIT B" ,, E 41;,1 - J PROPOSED AM ENDATORY LANGUAGE: `f ADDENDUM TO 18.15.170(3)THE SUBJECT PROPERTY IS SURRO BY PARCELS NO SMALLER THAN FIVE ACRES IN SIZE ON 100%OF ', PERIMETER TO PROVIDE A GENERAL LAND USE COMPATIBILITY ;1� BUFFER. THESE PARCELS SHALL BE IN THE OWNERSHIP OF THE AND BE THE SOLE PROVISION OF BUFFERS TO ADJACIENT PARC AND OTHER OWNERSHIPS. IF THESE PARCELS ARE NOT IN THE OWNERSHIP AS THE MRLO,A 200 FOOT MINIMUM BUFFER SHALL :_ PLACED AROUND THE ENTIRE PERIMETER.ON THE MRLO. ADDENDUM TO 18.20.240(2) MRLO BUFFERS SHALL BE EXCLUS ANY MINING ACTIVITY, STRUCTURE, OR ACCESSORY USE SUCH NOT LIMITED TO MINERAL STOCKPIUNG, EQUIPMENT STORAGE, 3 k ` VEHICLE PARKING, SCALES OR WEIGH STATION, BATCH PLANT, STRUCTURES, OR SIMILAR APPURTENANCES TO MINING AND _ EXTRACTION AND PROCESSING OPERATIONS. BUFFERS ARE I TO BE OPEN SPACE MAINTAINED IN NATURAL AND/OR LANDSC° `- A VEGETATION WITH THE SOLE EXCEPTION OF INGRESS/EGRESS , DRIVEWAYS ONLY AS MINIMALLY NECESSARY AND UTILITY LINES -3 -a' THE SITE. IF THESE PARCELS ARE NOT IN THE OWNERSHIP OF MRLO, THE OWNERS OF THE MRLO SHALL PROVIDE A 200 FOOT - ALONG THE ENTIRE CIRCUMFERENCE OF THE SUBJECT SITE. B ' ` ARE TO IN THE EXCLUSIVE OWNERSHIP CONTROL OF THE APP -' AND/OR MRLO OPERATOR. PUBLIC RIGHT OF WAYS SHALL NOT -` CONSIDERED PART OF ANY BUFFER. - 3 • 1 2 6.20 DEVELOPMENT STANDARDS. Those permitted uses locating in the several 3 zones shall be subject to the following development standards: 4 5 1. BUFFER REQUIRED BETWEEN ZONING DISTRICTS: All uses 6 permitted in "C"."M",and "M-C"classified zones having a common 7 boundary with an established residential property or a "G"zoned property 8 shall have planted and maintained along such common boundaries,a buffer 9 area of trees, shrubs,or berming not less than eight(8) feet in height and 10 ten(10) feet in width for screening purposes. Existing plantings and/or 11 topographic or natural features which meet or exceed this standard shall be 12 considered to fulfill the buffer requirement Screening and buffering shall be 13 encouraged within areas between permitted uses. Buffers shall not be 14 included in the measurement of bulk and dimensional standards established 15 in this ordinance. 16 17 a. BUFFER DESIGN: Arrangements of plantings in buffers shall 18 provide maximum protection to adjacent properties and avoid 19 • damage to existing plant material, Possible arrangements include 20 planting in parallel, serpentine,or broken rows. If planted berms 21 are used, the minimum top width shall be four(4) feet,and the 22 maximum side slope shall be 2:1. 23 24 b. PLANTING SPECIFICATIONS: Plant materials shall be • 25 sufficiently large and planted in such a fashion that a year-round 26 screen at least eight(8) feet in height shall be produced within two 27 (2) growing seasons. All plantings shall be installed according to 28 accepted horticultural standards. 29 30 c. MAINTENANCE: Plantings shall be maintained in a manner 31 appropriate for the specific plant species through the first growing 32 season, and dead and dying plants shall be replaced during the next 33 growing season. Buffer areas shall be maintained and kept free of 34 all debris. rubbish, weeds, and tall grass. 35 36 2. INDUSTRIAL USES: Industrial uses shall be subject to the following 37 development standards: 38 39 a. Arc welding,acetylene torch cutting or similar processes shall be 40 performed so as not to be seen from any point beyond the outside 41 of the property; 42 43 b. The storage and handling of inflammable liquids, liquefied 44 petroleum,gases and explosives shall comply with rules and 45 regulations falling under the jurisdiction of the fire marshal,the laws 46 of the state and other local Ordinances. Bulk storage of inflammable 47 liquids below ground shall be located no closer to the property line 48 than the greatest dimension (diameter, length,or height)of the tank; • Page 25 • 1 b. MATERIALS: Landscaping shall primarily consist of natural 2 materials and vegetation and shall be continuously maintained by the 3 owner or lessee. Landscaping may include plant materials such as 4 trees, shrubs, ground covers, perennials and annuals, and other 5 material such as rocks,water, sculpture,art, walls, fences, paving 6 materials,and street furniture. 7 8 c. TOPSOIL PRESERVATION: Topsoil moved during the course of 9 construction shall be redistributed on all landscaped surfaces and 10 shall be stabilized by seeding and planting. 11 12 d. PLANTING SPECIFICATIONS: Deciduous trees shall have at 13 least a two(2)inch caliper at time of planting. Size of evergreens 14 and shrubs shall be allowed to vary depending on setting and type of 15 shrub. All trees, shrubs,and ground covers shall be planted 16 according to accepted horticultural standards. Dead and dying plants 17 shall be replaced during the following growing seasons. 18 19 5. OUTSIDE STORAGE: Commercial and industrial developments located in 20 all zoning districts shall screen from areas frequented by the general public, 21 _ all materials stored outside buildings or structures which are not for display 22 . or immediate sale.Areas frequented by the general public shall be defined as 23 public streets and rights-of-ways,and other areas normally used by the 24 general public located adjacent to the subject property. • $ 26 6. SCREENING AND BUFFERING: When specified by the Jefferson 27 County Comprehensive Plan and/or applicable community plan, multi- 28 family residential, commercial and industrial developments shall be screened 29 or buffered from surrounding uses. Screens and buffers are intended to 30 mitigate incompatible visual or noise impacts. 31 32 a. All natural vegetation screens shall be sufficient to mitigate the visual 33 impacts of the proposed use. All newly planted vegetation shall be 34 sufficient to mitigate the visual impacts of the proposed use within 36 two (2) years of planting. 37 b. Screens that include walls, fences, and/or earth berms shall be 38 designed and constructed to a sufficient height to mitigate impacts. 39 40 c. Buffer areas shall consist of planted or natural vegetation of 41 sufficient height and quantity to reduce visual,exposure. 42 43 d. Screening and buffering areas may be included as part of the 44 required landscaping. 45 46 e. Buffers and screens shall be maintained in good condition. • Page 27 • 7. € r The intensity of sound emitted by any commercial or industrial ball not exceed levels established by the Washington State Department of Ecology under WAC 173-60,and by Jefferson County under Resolution No. 67-85, "Establishment of Environmental Designations for Noise Abatement Areas for Jefferson County." 8. DRAINAGE: The following standards apply to multi-family residential, 8 commercial,and industrial development for the control of surface drainage 9 and storm water run-off: 10 11 a. On-site surface drainage controls shall meet the Washington State 12 Department of Ecology Stormwater Management Manual and be 13 approved by the Jefferson County Department of Public Works. 14 15 b. Natural drainage-ways shall be retained unless otherwise stipulated 16 during project review. 17 18 9. STEEPS PES: Buildings or structures located in any zoning districts 19 shall not be developed on slopes exceeding fifteen percent(15%), unless 20 structural stability can be assured by a soils engineering report. 21 22 10. GEOLOGICALLY HAZARDOUS AREAS: Buildings or structures located 23 • in any zoning districts shall not be developed on geologically unstable areas 24 unless structural stability can be assured by a soils engineering report. �5 4 Page 28 ogc'/-9,`i €.of cry 7 . C „),/4, Se,g I f V/ zon:k4 cede 7. D U - ' s / Si 2 2. MINERAL EXTRACTION AND PROCESSING: Mineral extraction and 3 processing uses in areas contained within a Mineral Resource Lands 4 overlay district shall be permitted within all zoning districts provided that the 5 proposed use conforms with the following site development standards. 6 Mineral extraction and processing located in a M-2 (Heavy Industrial) 7 zoning district is allowed unconditionally. 8 9 a. NOISE STANDARDS:The intensity of sound emitted by any 10 mineral extraction and processing activity shall not exceed levels 11 established by the Washington State Department of Ecology under 12 WAC 173-60 and 173-62,and by Jefferson County under 13 Resolution No. 67-85, "Establishment of Environmental 14 Designations for Noise Abatement Areas for Jefferson County", 15 when measured at the nearest property line of any surrounding 16 residential or commercial property that has been developed 17 18 b. NOISE ABATEMENT: All noise emitting machinery that cannot in 19 any other way operate below the maximum permitted noise level 20 shall be housed in a sound-attenuating structure, unless otherwise 21 stipulated in the project approval. The,applicant will include sound 22 attenuation plans with the project application. 23 24 c. HOURS OF OPERATION: All mineral extraction and processing 25 uses located within three-hundred(300') feet of any pre-existing • 26 residential use shall limit the hours of operation of noise-generating 27 equipment as follows: 28 29 EARLIEST START TIME: 7 a.m. 30 LATEST FINISH TI141E: 6 p.m. 31 PERMITTED DAYS OF OPERATION: 32 Monday through Friday. Prohibited on weekends and national 33 holidays. 34 35 Hours of operation restrictions may be reduced or waived provided 36 that the applicant demonstrates that the property owners of the afore- 37 mentioned preexisting residential uses are in agreement with the 38 proposed change. 39 40 d. BUFFERS REOUIRED: All mineral extraction and processing uses 41 shall develop or maintain perimeter buffer areas consistent with the 42 requirements of Section 6.20.1 of this Ordinance. 0 Page 32 Noise: Noise levels generated shall not be in excess of levels allowable in residential neighborhoods as per WAC • 173-60 as adopted by Jefferson County Resolution No No. 67- 85. Hours of Operation: Home businesses shall maintain business hours that are not disruptive to the normal use of adjacent residential properties. Typically, this would be during daylight hours, weekdays. ,Interim Zoning Designation: The underlying interim zoning designation shall not change as a result of the home occupied business. Signs: One (1) wall sign and one (1) free-standing sign identifying the business shall be permitted. Total signage area shall be no greater than eight square feet (8 s.f.) per sign. Signs shall be located on the premise of the home business•except when_approved as a standardized public sign. Signs shall not be lighted and no part thereof shall consist of banners, streamers, or similar moving devices. Parking: Parking related to the home business shall be provided on the site in such a manner that no off-premise parking will be necessary. • Access: Access shall be designed in such a manner that • traffic entering or leaving the site shall be traveling in a forward motion where possible and shall not create a hazard as determined by the Jefferson County Department of Public Works of Washington State Department of Transportation. Buffers: Buffers or screens will be provided when deemed necessary to reduce potential impacts to surrounding properties. Bed and Breakfast: Bed and Breakfast establishments may locate as a home business provided no more than six (6) bedrooms are used for the business. Lighting: Lighting on the site shall not adversely affect surrounding properties or adjoining rights-of-way. Fumes and Odors: Home businesses that create noxious fumes or offensive odors shall not be permitted. pay Care Centers: Day care centers may locate as home businesses provided the facility is limited to twelve (12) or fewer clients and occurs in a single family home. • 8 VOL tg • b. Lighting fixtures shall be designed and hooded to prevent the • light source from being directly visible from outside• the boundaries of the property. The intensity or brightness of all project lighting shall not adversely affect surrounding properties or adjoining rights-of-way. c. Exterior flashing, moving, or blinking lighting is prohibited except as required by local, state, or federal standards. - 7. Landscaping: Industrial developments shall include landscape areas: a. Unless otherwise specified by policy, landscaping shall be an integral part of site development and shall be incorporated as part of the site plan. b. All landscaping should be of natural-like vegetation and shall be continuously maintained by the owner or lessee. c. Landscaping will not be required in resource production areas when the development is sufficiently screened from public view. 8. Screening and Buffering: When required by policy or as a condition of project review, proposed developments shall be screened or buffered ., from surrounding uses. Screens and buffers are intended to mitigate incompatibility or visual and noise impacts. a. All natural vegetative screens shall be sufficient to obscure the impacts of the proposed use. b. Screens that include walls, fences, and/or earth berms shall be t height to mitigate a sufficien g designed and constructed to g impacts. c. Buffer areas shall consist of planted or natural vegeta tion of sufficient:height and quantity to reduce visual exposure. d. Screening and buffering areas may be included as part of required landscaping areas. e. Buffers and screens shall be maintained to they remain in a good condition. 9. Noise: a. The intensity of sound emitted by any industrial activity shall not exceed levels established by the Washington State Department of Ecology under WAC 173-60 and '173-62 and by Jefferson County under Resolution No. 67-85, "Establishment of Environmental Designations for Noise Abatement Areas for Jefferson County." b. All noise emitting industrial processing machinery that cannot in any other way meet the maximum noise levels shall be housed in a sound-attenuating structure, unless otherwise stipulated in the project approval. The applicant will include sound attenuation plans with the project application. 46 • !,C t. I H 77 i 0 C , �.,E . I STATE OF WASHINGTON County of Jefferson AN ORDINANCE APPROVING A } ORDINANCE NO. 08-1208-03 COMPREHENSIVE PLAN } AMENDMENT KNOWN AS } MLA#03-231 WITH CONDITIONS } (Phillips/Maki-Mineral Resource } Land Overlay) } WHEREAS,the Board of Jefferson County Commissioners("the Board")has, as required by the Growth Management Act, as codified at RCW 36.70A.010 et seq., adopted a Comprehensive Plan via Resolution No. 72-98 on August 28, 1998, a Plan subsequently amended; and WHEREAS,the Board has set in motion and has now completed the proper professional review and public notice and comment with respect to any and all amendments to the County's Comprehensive Plan proposed in 2003; and WHEREAS, as mandated by the Growth Management Act,the Board has reviewed and voted upon the proposed amendment to the County's Comprehensive Plan; and WHEREAS, a modified version of the proposed amendment known as MLA#03-231 [Phillips/Maki-Mineral Resource Land Overlay District] has been approved by the Board pursuant to the procedures laid out in the County's Unified Development Code or"UDC," NOW,THEREFORE,BE IT RESOLVED by the Board that it makes the following Findings of Fact with respect to MLA#03-231 or"the amendment" or"this amendment": 1. The Board, acting in its legislative capacity, adopted its Comprehensive Plan in August 1998 and adopted revised and unified development regulations through its adoption of the UDC in December 2000. Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 2. The Growth Management Act,which mandates that Jefferson County generate and adopt a Comprehensive Plan, also requires that there be in place a process to amend the Comprehensive Plan. 3. The amendment process for the Comprehensive Plan must be available to the citizens of this County [including corporations and other business entities] on a regular basis, generally no more than once per year. 4. This particular amendment"cycle"began on or before May 1, 2003, the deadline for submission of a proposed Comprehensive Plan amendment. 5. MLA#03-231 was timely submitted by Phillips/Maki, the owners and operators of Penny Creek Quarry located on US Highway 101 south of the Rural Village Center of Quilcene, Washington, and sought to have the zoning designation known as a Mineral Resource Land Overlay or"MRLO"placed on approximately 36.79 acres of land that now holds underlying land use designations of Rural Residential 1:20 ("RR 1:20) and RR 1:5. 6. Providing an MRLO designation does not alter the underlying land use designations for the parcels or lots so designated. The underlying land use designation also remains the anticipated land uses after reclamation, i.e.,when the mining(resource extraction) is completed. 7. The proposed MRLO is adjacent to an existing 19.34-acre MRLO that was approved as an MRLO in 1997 under the 1995 Jefferson County Mineral Lands Ordinance. 8. The application for a CP amendment was and is solely an application for an MRLO designation, a non-project action. 9. The UDC, specifically UDC §3.6.3, contains a process that allows applicants to obtain an MRLO if certain criteria are satisfied and if the County legislators make the legislative decision to grant the MRLO designation. 10. Section 3.6.3 of the UDC,which became effective in January 2001 along with all the other provisions of the UDC, was never the subject of a Petition For Review 2 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) before the Western Washington Growth Management Hearings Board or "WWGMHB"and thus is valid and remains lawful. 11. This amendment is one of five proposed amendments that worked their way through the entire process laid out in state statutes for such amendments. Three of the five amendments (including this one) were specific to a particular site or region; the remaining two are and were known as "suggested" amendments because they would implement or memorialize a policy decision made by the elected Commissioners of this County. 12. Those proposed amendments went through professional review at the County and State level. 13. By way of example, the State Department of Natural Resources (or"DNR") commented on this CP amendment in an email dated August 1, 2003. In the communication, a DNR staff geologist described the typical characteristics of Crescent Formation(basalt) and common uses for that material. 14. Specifically, this amendment was discussed in some detail in a combined County Department of Community Development Staff Report and SEPA Addendum for Site-Specific Applications dated August 6, 2002, and a Planning Commission Recommendation for Site-Specific Applications, dated October 15, 2003 and submitted to the Board of County Commissioners. 15. The Addendum was undertaken and generated pursuant to the State Environmental Protection Act(or"SEPA") and a determination by the County planning staff that the five proposed CP amendments, five distinct proposed non-project actions—as that term of art is defined in SEPA—considered together as part of an annual CP amendment cycle,warranted the following threshold determination: Adoption of Existing Environmental Documents with a SEPA Addendum. 16. The EIS prepared with respect to the 1998 adoption of the CP also provides some environmental review for this non-project action,because the SEPA-driven review for the CP understood that 1) the CP included a process for MRLO designation, 2) the County would place such a process in its development regulations,and 3) 3 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) would then use that process, in the years following the adoption of the CP and the development regulations(UDC), to provide MRLO designation for certain suitable parcels or locations. 17. The Planning Commission and the planning department, in consultation with the applicant, concluded that the acreage to be granted the MRLO designation should be reduced to 31.79 acres from the original request of 36.79 acres. The purpose of this recommended change was to exclude two small parcels between Penny Creek and Highway 101. 18. A corresponding recommended condition of approval is to combine those two parcels and part of a parcel west of Penny Creek Road in order to create a five- acre parcel, said five-acre parcel serving to satisfy one of the criteria at UDC §3.6.3, specifically that an MRLO be surrounded by parcels not less than five acres in size. 19. The State Department of Ecology(or"DOE"), in an email to the County dated August 6, 2003, informed the County that Penny Creek Quarry possesses a valid NPDES General Permit for Sand and Gravel Operations, which addresses water quality and stormwater concerns. 20. The Sand and Gravel Permit will be reviewed and updated when and if the Quarry submits mineral extraction/stormwater management permit applications to the County and a reclamation plan to DNR for future activities in a new MRLO area. 21. While County planning staff and the Planning Commission recommended MRLO designation for 31.79 acres, they also recommended five conditions on the approval,which are listed in the Planning Commission recommendation dated October 15, 2003. The five conditions together with a sixth condition formulated during the Board of County Commissioners deliberation leading up to the decision, are made a condition of this approval and serve to, in part: • Organize parcels adjacent to the new MRLO and in the ownership of the Phillips family such that the MRLO is surrounded by parcels no smaller than five acres in size on 100% 4 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) of its perimeter,which is a criterion for MRLO adoption at UDC §3.6.3. • Provide for a restrictive covenant on several parcels in the new MRLO such that each and every parcel in the new MRLO is at least ten (10) acres in size,which is a criterion for MRLO adoption at UDC §3.6.3. • Ensure that a DNR-approved reclamation plan covering the entire operation and an updated DOE Sand and Gravel Permit will be in place before the County will process mineral extraction/stormwater management permit applications for the new MRLO area. • Ensure that the entire Penny Creek Quarry operation will be unambiguously subject to the Mineral Extraction, Mining, Quarry and Reclamation standards found at Section 4.24 of the UDC. These standards address, among other topics,hours of operation, noise, and best management practices for mining activities in Susceptible Aquifer Recharge Areas. • Provide for a mechanism by which the legal,nonconforming uses of sorting, stockpiling, and loading extraction materials on the two small parcels between Penny Creek Road and Highway 101 which are located upon land found in Rural Residential land use districts that does not currently hold an MRLO designation, i.e., they are not located within the 19.34 acres designated as an MRLO in 1997, will be moved to locations within the MRLO designated in 1997 or by this Ordinance in 2003. 22. Those proposed amendments went through review by the County's Planning Commission or"PC"; specifically there was a public hearing with respect to this amendment before the PC on August 20, 2003 and the PC deliberated with respect to this proposal on September 3 and September 17,2003. 5 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 23. On September 17, 2003,the PC recommended approval of an MRLO for 31.79 acres, as suggested by the County's planning department during Planning Commission deliberation. The PC also recommended to the elected County legislators that they include five conditions of approval. 24. This proposed amendment was the subject of a public hearing before the Board of County Commissioners on November 24, 2003. 25. During the public comment periods associated with review of this proposal by the Planning Commission and the Board of County Commissioners, the County received comments that were both opposed and in favor of the proposal. 26. The Board concludes that the CP, as a legislative policy decision, reflects and memorializes the overall opinions and intent of the entire citizenry of this county and that the CP includes numerous provisions that would support this MRLO designation and the maintenance and enhancement of mineral resource extraction activities in general. 27. The Board also finds that the development regulations known as the UDC, as a legislative decision,reflect and memorialize the opinions and intent of the entire citizenry of this county and that the UDC includes a specific provision that creates a process whereby parcels, if criteria are satisfied, can be and should be designated as another MRLO. 28. The GMA and the CP, in the context of the section in the UDC that describes the process for establishing MRLO Districts, supports the Board conclusion to approve this request. The CP and the UDC provide support for this decision because adoption of this CP amendment is in furtherance of the GMA goal, and the corresponding County CP policy,to maintain and enhance mineral resource extraction activities. 29. In general, then, decisions arising under GMA are to be made pursuant to what the statute mandates no matter how unpopular such a decision might be. 30. Decisions made pursuant to GMA should never be subject to what amounts to a plebiscite. 6 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 31. For example, as distasteful as the decision to provide more lands with a MRLO designation might be to some persons in this county,equally distasteful to others residing in this County is the GMA mandate that rural commercial lands be strictly limited in size and intensity of uses. Yet both are mandated by the GMA, although they are requirements of that state law that are not universally loved. 32. Furthermore, the Board concludes it is likely that when drafting the GMA the State Legislature fully understood that resource extraction industries, particularly mining or excavating, would never be a popular"neighbor" and thus the Legislature made it clear that the resource industries are to be protected from incompatible development such as homes and not vice- versa. 33. This amendment was the subject of a vote to approve,modify, or reject by the Board of County Commissioners. 34. That vote to approve was made only after the three elected County Commissioners recognized, heard and seriously weighed the strong opinions held by various members of the Jefferson County community both for and against this proposal. Ultimately,however, the decision rested with the sole legislative discretion of the elected County Commissioners. 35. This amendment was approved unanimously by the Board of County Commissioners because, in part, it is in conformance with the requirements of GMA that counties such as this one that are planning pursuant to GMA designate mineral resource lands [RCW 36.70A.170] and assure the conservation of mineral resource lands by, in part, not permitting the siting of incompatible uses adjacent to such lands [RCW 36.70A.060]. 36. This amendment is also in conformance with the County's CP. 37. Numerous goals and policies described in the County's CP are supported and furthered by adoption of this MRLO designation. They are designated as a Goal each of which has related Policies listed under it. In order the CP goals and policies most prominently furthered by this CP amendment are: Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) • Land Use Goal ("LNG") 12.0 [locate new resource industries in rural areas near the resources to be extracted], • LNG 13.0 [conserve and manage mineral resource lands for sustainable natural-resource based economic activities that are compatible with surrounding land uses], • LNG 24.0 [foster sustainable resource-based industry in rural areas of the County], • Natural Resource Goal("NRG") 1.0 [encourage the conservation of resource lands and the long-term sustainable use of natural resource-based economic activities], • NRG 2.0 [encourage resource-based economic activities which are environmentally compatible], • NRG 6.0 [conserve and protect mineral resource lands for long- term economic use], and • NRG 7.0 [provide for mitigation of potential adverse impacts associated with mining extraction and processing]. 38. This amendment for a proposed MRLO designation has been reviewed against Table 4-3 in the CP, entitled"Matrix for Assessing Lands for designation as Mineral Resource Lands." That Matrix contains 13 topics, including such items as "Quality of Deposit," "Size of Deposit,"and"Visual Impact." For each topic there is a spectrum of five possible responses from"Not Suitable for Designation" [the left-hand column] to"Designation Highly Desirable" [the fourth column from the left] and"Designation Critical" [the fifth column from the left, i.e., the far- right column]. 39. The Staff Report notes that the material in the area meets Washington State Department of Transportation ("WSDOT") specifications for degradation. It would be more accurate to state that the material may meet WSDOT specifications for highway use. Each stockpile would require individual testing. 8 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 40. Pursuant to Section 9 of this County's UDC, all proposed amendments have to be "considered," [the precise verb used in the UDC] in part,through the "filter" of the seven growth management indicators(or"GMI") listed at UDC §9.5.4(b), although those GMI represent only some of the criteria that the County Commissioners must consider when deciding whether to adopt or reject a proposed plan amendment. 41. Because of the general nature of the GMI, each and every GMI will not be applicable or apropos for each and every amendment that this County Commission has considered. 42. However, the County Commissioners, in order to comply with UDC Section 9, should and must make generalized findings of fact with respect to the seven GMI and do so now. 43. With respect to UDC §9.5.4(b)(1), which concerns whether the rate of growth and development for the County is greater or lesser than was anticipated at the time of Comprehensive Plan ("CP") adoption in 1998,the County Commissioners find, that in the short-term the population of this County has not increased as quickly as the Comprehensive Plan envisioned, but that such a smaller growth rate is not relevant to this particular amendment, since the obligation to protect resource land and maintain and enhance resource extraction industries is stated expressly within the GMA at RCW 36.70A.020(8) and that mandate is not dependent on any particular growth rate or lack of one. 44. Nor is the mandate to maintain and enhance the natural resource extraction industries dependent on current economic needs, both generally and for the applicant, i.e.,the ability(or inability) of Penny Creek Quarry to sell what might be extracted is not relevant to the legislative or policy decision this Board faced. 45. Furthermore, the Washington State Department of Natural Resources("DNR") holds the opinion that Jefferson County is one of the counties that presumably will be net"exporters"of mineral resources to supply mineral resources to other Washington counties that lack mineral resources themselves. 9 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 46. With respect to UDC §9.5.4(b)(2), the County Commissioners find that the capacity of the County to provide adequate services has not changed and will not change as a result of the decision to adopt this CP amendment. 47. With respect to UDC §9.5.4(b)(3), which speaks of whether sufficient urban land has been designated, the County Commissioners find that resource extraction industries should never be located within an Urban Growth Area or"UGA" (pursuant to state law and County Wide Planning Policy 7, Section 4), and thus this GMI is not relevant to the deliberations or decision reached with respect to this amendment. 48. It should be noted that the estimated average annual per capita need of construction aggregate in Washington State is some 12 to 15 tons (which come from extracted mineral resources). 49. With respect to UDC §9.5.4(b)(4), the County Commissioners find that most of the assumptions that supported the policies and goals of the 1998 Comprehensive Plan remain valid, including the policies and goals that require the classification and designation of mineral resource lands,the protection of those mineral resource lands and the encouragement of the natural resource industries. 50. With respect to UDC §9.5.4(b)(5), the County Commissioners find that the Board recognizes that it must consider routes and actions that may create economic opportunity and a healthy economy. This becomes particularly important in the face of increasing unemployment and our current national recession. While this shift in priorities does not necessarily require any changes to the goals of the plan, it does and will require implementation of goals and policies intentionally placed inside the County's CP that refer to the natural resource lands and the maintenance and enhancement of natural resource industries. 51. With respect to UDC §9.5.4(b)(5),the County Commissioners find that an MRLO that effectively expands Penny Creek Quarry will allow [with whatever permits might be needed] it to continue to extract(in economically feasible segments) 10 Ordinance No.08-1208-03;Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) mineral resources from the area and will allow Penny Creek Quarry to maintain or increase its full-time employee roster. 52. With respect to UDC §9.5.4(b)(5), the County Commissioners find that to the extent that this amendment may generate in the future jobs located in the rural portions of the County, its adoption supports the GMA mandate that any County planning under GMA must"foster ... . rural-based economies, and opportunities to both live and work in rural areas,"pursuant to RCW 36.70A.030(14)(b). 53. With respect to UDC §9.5.4(b)(6), the County Commissioners find that there have not been any changed circumstances to dictate a need for amendments; instead this amendment implements numerous CP policies and goals that work for the maintenance and enhancement of the natural resource industries. 54. With respect to UDC §9.5.4(b)(7),the County Commissioners find that any inconsistencies between the County's Plan and the GMA exist because Jefferson County has only begun to utilize or consider every `tool' found in the GMA `toolbox,' including,by way of example only, using its development regulations (only enacted three years ago)to examine whether any other locations in the unincorporated county are appropriate for MRLO designation. 55. With respect to UDC §9.8.1(b)(1), the County Commissioners find that this is amendment to the CP does not arise because circumstances in Jefferson County have changed but because it serves to fulfill CP, UDC,policy and societal goals. 56. With respect to UDC §9.8.1(b)(2), the County Commissioners find that the assumptions on which the CP was based remain valid and are furthered by the adoption of this CP amendment. 57. With respect to UDC §9.8.1(b)(3), the County Commissioners find that this CP amendment spurred limited public comment both for and against it, the comments against it coming primarily from neighbors who testified that their right to `quiet enjoyment' of their property is at risk as the Quarry continues in business and the MRLO is increased in size. 11 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 58. Although there were voices in opposition to this CP amendment, the Board concludes with respect to UDC §9.8.1(b)(3) that since adoption of this CP amendment furthers goals in two documents that broadly represent the `will' of this County's populace, specifically the CP and the UDC, then this CP amendment does reflect current widely held views of this County's residents. 59. With respect to UDC §9.8.1(c)(1), the Board finds that adoption of this CP will not negatively effect transportation levels of service or concurrency requirements. 60. With respect to UDC §9.8.1(c)(2), the Board finds that adoption of this CP is consistent with the goals and policies of the County's CP. 61. With respect to UDC §9.8.1(c)(3), the Board finds that adoption of this CP has been studied for probable'significant adverse environmental impacts and there will be no such impacts to the infrastructure or utilities of this County. 62. With respect to UDC §9.8.1(c)(4), the Board finds that the parcels that will become part of this MRLO are suitable for mineral extraction(basalt is present there) and that access and utilities can be reasonably provided to these parcels. 63. While resource extraction(mining) is never perfectly compatible with certain land uses that surround the Penny Creek Quarry, i.e., rural residential, it is the policy of the GMA to protect the resource extraction activity from the neighbors and not vice-versa. The Board offers those residential neighbors of this quarry, in light of UDC §9.8.1(c)(4) the buffers provided by parcels not less than five acres in size and the relocation of certain non-conforming uses to MRLO land pursuant to condition#6. 64. With respect to UDC §9.8.1(c)(5),the Board finds that adoption of this CP amendment enlarging an existing MRLO designation will not cause a domino effect to have other parcels designated as being within an MRLO. 65. With respect to UDC §9.8.1(c)(6),the Board finds that adoption of this CP amendment, which enlarges an existing MRLO,has no impact on the county's population projections or general size and proportion of different land use designation categories countywide. 12 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) 66. With respect to UDC §9.8.1(c)(7), the Board finds that this CP amendment does not impact or touch upon land within an urban growth area. 67. With respect to UDC §9.8.1(c)(8), the Board finds that this CP amendment is consistent with the GMA,the Countywide Planning Policies and benefits the populace of the County. 68. Adoption of this amendment promotes the health and welfare of the citizens of Jefferson County. 69. The Planning Commission recommended that Parcels 702224011 and 702224012 be removed from this amendment to meet the requirements Section 3.6.3(1)(d)of this County's UDC. 70. At the public hearing before the Jefferson County Board of County Commissioners held on November 24,2003 the issue of utilizing Parcels 702224011 and 702224012 as part of the mining operation, which are no longer part of this amendment, was brought up during testimony. 71. The Hearing Examiner issued a decision on December 5, 1996 on an appeal (ZON 96-0034) of the issuance of a building permit(BLD 96-0583) for an 8 foot by 14 foot scale building. The Hearing Examiner determined that the truck scale building was an exempt accessory use to the non-conforming mineral extraction activity that had been occurring on Parcel 702224011. From this decision it can also be reasoned that stockpiling of material is also considered an accessory use of mineral extraction. 72. Because most of the mineral resources had already been extracted from Parcel 702224011,known as pit site Y-86,the Hearing Examiner's decision on ZON 96- 0034 indicated that the truck scale could be utilized in conjunction with the mineral extraction from the Phillip's other parcels across Penny Creek Road. 73. On August 9, 1996 the Phillips sought to have their existing pit on a 4.46 acre Parcel 702224002, designated Mineral Lands of Long-Term Commercial Significance. This parcel was too small for such a designation. 74. On November 26, 1996 Phillips proposed a boundary line adjustment(EXM 96- 0060) to have Parcel A—702224002 grow to 10 acres,while Parcel B-702224006 was reduced to 9.34 acres and Parcel C - 702224020 was enlarged to 5.0 acres to 13 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) satisfy the minimum size as a buffer parcel for the newly-created Mineral Lands of Long-Term Significance of 19.34 acres, specifically Parcels A and B described earlier in this finding. 75. On July 14, 1997 the Jefferson County Board of County Commissioners designated 19.34 acres,which was comprised of parcel A(702224002) and Parcel B (702224006), as Mineral Lands of Long-Term Commercial Significance through ZON 96-0042. 76. These actions established the Phillip's intent to expand their mining operation.On December 16, 2002 the Phillips purchased at public auction three parcels from Jefferson County, which was recorded by Auditor File Number 463382. These three parcels were: Parcel 702224012 a long narrow 2.6 acre parcel lying southeast of Penny Creek Road; Parcel 702224010, the 3.7 acre old county pit; and Parcel 70222403, which is a 9 acre parcel that surrounds the county pit. 77. There is no evidence in the record that a Parcel 702224012 was utilized for mineral extraction or an accessory use to mineral extraction. 78. Furthermore, it has been determined through this Amendment that noise from the mining operation is a significant concern of neighbors across Highway 101. During the deliberations of this Amendment at the Jefferson County Board of County Commissioners held on December 1, 2003 it was acknowledged that the rock sorter should be removed from Parcel 702224011, and there was discussion whether the material stock piles should be removed or whether they provide noise mitigation to the neighbors across Highway 101. Jefferson County Community Development Staff conducted a site visit on December 4, 2003 and researched this issue. This information is now reflected in this Ordinance. NOW,THEREFORE, BE IT ORDAINED, as follows: Section 1 - MRLO Designation: With respect to MLA03-231 (Phillips/Maki)the following real property constituting approximately 31.79 acres, be and hereby is granted a Mineral Resource Land Overlay,to be added to the existing 19.34-acre MRLO to create a total MRLO of approximately 51.13 acres, subject to conditions listed below in Section 2: 14 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Malci Mineral Resource Land Overlay) Parcel Nos: Parcel 1: AFN No. 702224003 (per stipulated BLA) Parcel 2: AFN No. 702224010 Parcel 3: AFN No. 702224023 Parcel 4: AFN No. 702224024 Parcel 5: AFN No. 702224025 Parcel 6: AFN No. 702224026 Description: North 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 22, T27N R2W, W.M. Together with; North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 22 west of the northwest boundary of the Penny Creek Road right of way, T27N R2W,W.M., Except a tract defined as follows: beginning at a point defined by the intersection of the north west boundary of the Penny Creek Road right of way and the east/west centerline of Section 22, thence westerly along said east/west centerline of Section 22 a distance of 250.89'm/1, thence southwesterly a distance of 408.13' m/1 to a point on the north east property line of Parcel 702224010 43.69' m/1 north west of the intersection of said north east property line of Parcel 702224010 and the north west boundary of Penny Creek Road right of way,thence 43.69' m/1 south east along said north east property line of Parcel 702224010 to the north west boundary of the Penny Creek Road right of way, thence north easterly approximately 602.74' m/1 along the north west boundary of the Penny Creek Road right of way to the point of beginning. All situate in Jefferson County,Washington. Section 2—MRLO Conditions The MRLO designation granted to Penny Creek Quarry,by and through the Comprehensive Plan amendment submitted by Phillips/Maki, owners and operators of the Penny Creek Quarry, shall be and is subject to the following eight (8) conditions: 1. A Boundary Line Adjustment(BLA)process is required under Sections 7 and 8 of the UDC involving the combination of parcels 702224011, 012, and the northeast corner of 003 such that a parcel is created equivalent to five (5) acres, the purpose of which is to fulfill the UDC criterion that an MRL overlay be surrounded by parcels no smaller than five acres in size on 100% of its perimeter. 2. A restrictive covenant is required for parcels 702224023, 024, 025, 026, 003, and 010 for the purpose of providing that each and every parcel in the new MRL overlay be at least ten(10) acres in size. 3. Submittal of a proposed reclamation plan to the State Department of Natural Resources (DNR)that encompasses the entire operation, including the current Quarry site and the newly-designated MRLO lands, shall occur concurrently with submittal of mineral resource extraction/stormwater management land use permit applications to the County. 15 Ordinance No.08-1208-03:Approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions (Phillips/Maid Mineral Resource Land Overlay) 4. Mineral extraction shall not occur in the newly-designated MRLO parcels until such time as the owners of the quarry have in place and provide to this County a copy of a reclamation plan approved by the DNR or an updated NPDES General Permit for Sand and Gravel Operations from the State Department of Ecology, if deemed necessary by that agency. 5. Upon issuance of County mineral resource extraction/stormwater management permits for the new MRLO parcels, should that occur, UDC conditions for Mineral Extraction, Mining, Quarry and Reclamation, found at Section 4.24, shall apply to the whole of the Penny Creek Quarry operation, including the existing operation site and the area previously under County ownership, to protect the general health, safety and welfare of the public. The conditions address, among other issues, hours of operation and noise (UDC 4.24.6) and performance standards and Best Management Practices (BMPs) for mining and quarrying within designated Susceptible Aquifer Recharge Areas (UDC 4.24.8 and 6.17). Permit application review may result in additional conditions. 6. Prior to any mineral extraction occurring in excess of the 19.34 acres authorized by ZON 96-42, (which may include mineral extraction from the MRLO designated in 1997 and/or by this Ordinance in 2003)the legal but nonconforming uses of the truck scale, stockpiling, and loading mineral resources on the Rural Residential parcels between Penny Creek Road and Highway 101 (parcels 702224011) shall be relocated to areas located within the total Penny Creek Quarry MRLO of 51.13 acres. A berm with trees planted on it shall be established on parcel 702224011 upon the removal of the truck scale,stockpiling, and loading mineral resources from this area. 7. Prior to the issuance of County mineral resource extraction/stormwater management permits for this Amendment, the sorting of material and any stockpiling of materials greater than 4 inches in size shall be re-located from Parcel 702224011 to within the total Penny Creek Quarry MRLO of 51.13 acres. 8. Prior to the issuance of County mineral resource extraction/stormwater management permits for this Amendment, the stockpiling and loading of material shall be removed from Parcel 702224012. Section 3 — Severability: If any action,subsection, sentence, clause, phrase or section of this Ordinance or its application to any person or circumstances is held invalid,the remainder of this Ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 4- Effective Date: This Ordinance becomes effective upon adoption by the Board of County Commissioners. 16 Ordinance No. 08-1 2 0 g_approving a Comprehensive Plan Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land Overlay) ) Approved and adopted this ) day off 0. , 200.1 JEFFERSON COUNTY BOARD OF COMMISSIONERS 7 SEAL r=' i 5 r fir/ • . t ` D. `"ifterness, Chair • h • { / ?I en Huntin_ ord,,,`,tuber ATTEST: Patrick M. 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CI) ' . • I . f ., In W V CC M 0 N W MINING REGULATIONS IN WASHINGTON by David K. Norman a C m I- it Z WASHINGTON DIVISION OF GEOLOGY AND EARTH RESOURCES Open File Report 2000-3 September 2000 lipWASHINGTON STATE DEPARTMENTOF . :; Natural Resources r Jennifer M.Belcher-Commissioner of Public Lands MINING REGULATIONS IN WASHINGTON by David K. Norman WASHINGTON DIVISION OF GEOLOGY AND EARTH RESOURCES Open File Report 2000-3 September 2000 %1p , WASHINGTON STATE DEPARTMENT OF Natural Resources Jennifer M.Belcher-Commissioner of Public Lands i Contents Environmental review 2 State Environmental Policy Act(SEPA) 2 National Environmental Policy Act(NEPA) 2 Mining on federal lands 2 Locatable minerals 2 Leasable minerals 2 Saleable minerals 2 Metals mining and milling 3 Surface coal mining 3 Mining on state-and county-owned lands 3 Tribal lands 3 Forestry pits 3 Blasting and mine safety 4 Mineral processing 4 Transportation of minerals 4 Noise 4 Zoning,land use, and growth management 4 Shoreline Management Act permit(shoreline permit) 5 Wetlands 5 Federal regulations 5 State regulations 5 Local regulations 5 Forest practices and land clearing 5 Water quality 6 Ground-water and surface-water withdrawal 6 Hydraulic project approval(HPA) 6 Landfills and dumping 6 Hazardous waste 6 Air quality 6 Burning 6 Archaeological resources 7 Threatened and endangered species 7 Oil pollution prevention regulation 7 Noxious weeds 7 ILLUSTRATION Figure 1. Department of Natural Resources regional boundaries, 1994 8 TABLE Table 1. Summary of surface-mine permitting requirements 9 APPENDICES Appendix A. Department of Natural Resources offices 11 Appendix B. State agency offices 12 Appendix C. Federal land managers 15 Appendix D. County planning agencies 16 Appendix E. Tribal contacts 18 Appendix F. County public health districts 20 Appendix G. Contacts for air-quality issues 22 iii Mining Regulations in Washington David K. Norman Washington Division of Geology and Earth Resources PO Box 47007; Olympia,WA 98504-7007 360-902-1439;dave.norman @wadnr.gov The Washington Department of Natural Resources (DNR) 1 preservation of topsoil; administers the Surface Mining Act, a reclamation law 1 slope restoration such that highwalls are rounded in plan that requires a permit for each mine that meets the definition and section; of a surface mine: a mine that(1)results in more than 3 acres 1 stable slopes; of disturbed ground,or(2)has a highwall that is both higher than 30 feet and steeper than 45 degrees(Chapter 78.44,Re- 1 final topography that generally comprises sinuous con- vised Code of Washington[RCW];Chapter 332-18,Washing- tours, chutes and buttresses, spurs, and rolling mounds ton Administrative Code[WAC]). and hills,all of which blend with adjacent topography to The Surface Mining Act was amended in 1993 to ensure that a reasonable extent; every mine in the state meeting the definition of a surface mine 1 effective revegetation with multi-species ground cover is thoroughly reclaimed.The DNR is responsible for seeing that and trees. reclamation follows completion of surface mining. The DNR Contact the appropriate DNR regional office for further in- has exclusive authority to regulate mine reclamation and ap- formation regarding these laws and rules.(See Figure 1 for DNR prove reclamation plans. Metal mines and mills that meet the region boundaries.) criteria defined in Chapter 78.56 RCW are regulated pursuant to the Metals Mining and Milling Act. The following pages list mining-related laws, regulations, Some sites meeting the surface mining threshold are exempt. and ordinances administered by other local, state, and federal For example, rural mines used to provide material for on-site agencies.This list does not identify every permit that may be re- construction or for constructing forest roads that are on-site or quired to operate a surface mine;however,agencies that are nor- contiguous are generally exempt from the DNR reclamation per- mally involved in mine regulation and most of the required per- mit requirement. mits are listed. The appendices provide agency addresses and Mine operations are regulated by local governments or state phone numbers.Table 1 is a summary list of regulatory agencies and federal agencies exclusive of the DNR. Operations are all and the laws that they enforce. mine-related activities,exclusive of reclamation. Mine regulatory jurisdictions and responsibilities are sub- Operations specifically include(RCW 78.44.031[8]): ject to change.During each legislative session,new statutes and laws are developed and included in the RCW, and old laws are 1 The mining or extraction of rock, stone, gravel, sand, altered or repealed by the legislature.Agencies may update their earth,and other minerals; rules and regulations,included in the WAC,at any time.Courts 1 Blasting,equipment maintenance,sorting,crushing,and rule on the meaning of various regulations and statutes.There- loading; fore,the reader may wish to contact the appropriate agency to 1 On-site mineral processing, including asphalt or con- determine the status of each applicable mining regulation. crete batching, concrete recycling, and other aggregate The Washington Department of Ecology publishes the "State Environmental Policy Act Handbook" (Publication 98- recycling; 114)and"Permit Handbook:Commonly Required Environmen- t Transporting minerals to and from the mine,on-site road tal Permits for Washington State"(Publication 90-029,revised maintenance, road maintenance for roads used exten- October 1998). The permit handbook lists those permits refer- sively for surface mining activities, traffic safety, and enced here,as well as many other permits.Another helpful Ecol- traffic control; ogy publication is"Getting Help—A Guide to Technical Assis- 1 Activities that affect noise generation,air quality,glare, tance from Ecology"(Publication 92-106). pollution,traffic safety,ground vibrations,and surface- For copies of specific laws, contact the appropriate agency and ground-water quality,quantity,and flow. listed with the various activities described in the following Local governments must approve mine siting and/or the sub- pages.The web page for Washington that may be of use in find- ing agency web page addresses is http://access.wa.gov/.Current sequent use of the mine site(RCW 78.44.091)prior to DNR's RCWs and WACs are available on the Internet at http:// approval of a reclamation permit.Where local government per- slc.leg.wa.gov/. Other sources of legal information and com- mits are required for a mining proposal,the State Environmental plete collections of state and federal laws are available at the Policy Act(SEPA)rules normally identify the local goverment Washington State Library and at the Gonzaga University,Uni- as lead agency for SEPA review. versity of Washington, and Seattle University Schools of Law. A high-quality reclamation plan is required for each mine, State and county laws are generally available at the local county and periodic review and modification are necessary. This plan law libraries,which are in county courthouses. specifies the permit holder's methods for achieving reclamation goals,including the following: We encourage users of this open-file report to make and dis- 1 segmental reclamation; tribute copies. 1 2 OPEN FILE REPORT 2000-3 ENVIRONMENTAL REVIEW sources, and Health). The laws governing mining on federal State Environmental Policy Act (SEPA) lands differ according to the mineral being mined. There are three categories of minerals: (1)locatable,(2)leasable,and(3) The State Environmental Policy Act(SEPA)is intended to en- saleable. sure that environmental values are considered by state and local government officials making decisions. Locatable Minerals The SEPA process normally begins when an application is submitted to an agency.The first step in the SEPA process is to "Locatable minerals" are "valuable mineral deposits", such as determine whether the proposal involves an"action"on the part gold and silver. Valuable mineral deposits on federal lands are of an agency.If an action is necessary,then a lead agency is cho- subject to discovery and claim by citizens under the General sen on the basis of SEPA rules;the lead agency then has primary Mining Law of 1872, as amended (30 U.S.C. 21-54). No new responsibility for complying with the SEPA's procedural re- claims may be located within national park boundaries; only quirements. claims recorded before September 28, 1977, may be worked For private projects requiring permits or approvals from within national parks (16 U.S.C. 1901-1912). In addition, no more than one agency,when one of the agencies is a city,county, new claims may be staked in congressionally withdrawn areas or special district,the lead agency is usually the city,county,or such as designated"Wilderness" or"Wild and Scenic Rivers" special district. corridors (with minor exceptions); in administratively with- For private projects requiring permits,licenses,or approvals drawn areas such as any campground,active power withdrawal from state agencies but not from a city, county, or special dis- site,"Research Natural Area"(USFS),or"Area of Critical En- trict, the lead agency is the state agency requiring a license, vironmental Concern"(BLM); or in other areas which may be based on the following order of priority: segregated from mineral entry.BLM land status records should Department of Ecology be consulted to determine whether specific lands are open to p gy mineral entry. Department of Social and Health Services The various federal land-management agencies regulate the Department of Natural Resources environmental impacts of mining valuable mineral deposits on Department of Fish and Wildlife lands within their jurisdiction.For lands within the jurisdiction Utilities and Transportation Commission of the USFS, see Title 36 Code of Federal Regulations (CFR) Department of Motor Vehicles part 228(A). For lands within the jurisdiction of the BLM, see Department of Labor and Industries Title 43 CFR.For lands within the jurisdiction of the NPS,see Helpful publications are the "State Environmental Policy Title 36 CFR part 9. Act Handbook"(Publication 98-114)available from the Depart- ment of Ecology,and the SEPA Checklist Resource Guide avail- Leasable Minerals able from the Department of Natural Resources,Environmental Quality and Compliance Division(360-902-1633). "Leasable minerals" include coal, phosphate, sodium, potas- sium,oil,oil shale,gilsonite,natural gas,and geothermal steam. Authority: Chapter 43.21C RCW;Chapter 197-11 WAC Federal lands containing leasable minerals are subject to the Mineral Leasing Act,as amended(30 U.S.C. 181 and following Contact: Appropriate state agency sections),which allows persons to lease lands for the purpose of (Appendices A and B) extracting the minerals. The Mineral Leasing Act applies to For general SEPA information,contact the most federal lands,including national forests,but it does not ap- Department of Ecology's Environmental Re- ply to national parks and monuments. The U.S. Department of view Section at 360-407-6922 the Interior administers the Mineral Leasing Act under regula- tions in Title 43 CFR.The USFS is responsible for surface man- National Environmental Policy Act (NEPA) agement of lands it administers under Title 36 CFR part 228(E). The National Environmental Policy Act(NEPA)is our basic na- Saleable Minerals tional charter for protection of the environment. Federal agen- cies making decisions on permits or licenses are required to "Saleable minerals"include`common varieties"of sand,stone, comply with the NEPA.NEPA requirements are very similar to gravel,pumice,pumicite, cinders,and clay.Federal lands con- those of SEPA.An environmental assessment is used by the lead taining saleable materials are subject to the Materials Act, as agency to determine the extent of environmental impacts associ- amended(30 U.S.C. 601-615),which is similar to Washington ated with the project. valuable materials statutes that the DNR administers. Persons may purchase and remove saleable minerals from most federal Authority: United States Code,title 42,section 4321 lands at the discretion of the land-managing agency. National (42 U.S.C.4321)and following sections parks and monuments are not subject to the Materials Act,and no mineral extraction can take place on those lands. Contact: Appropriate federal agency(Appendix C) The various federal land-management agencies regulate the taking of saleable minerals from lands within their jurisdiction. MINING ON FEDERAL LANDS For lands within the jurisdiction of the USFS,see Title 36 CFR Mining on federally owned land is regulated by the appropriate part 228(C). For lands within the jurisdiction of the BLM, see federal agency (for example, the U.S. Department of Agricul- Title 43 CFR. ture,the U.S.Forest Service[USFS],the Bureau of Land Man- Authority: 30 U.S.C., 16 U.S.C.,36 CFR,43 CFR agement [BLM], and the National Park Service [NPS]). State agencies may also regulate mining on federal lands(for exam- Contact: Appropriate federal agency(Appendix C) ple, the Washington Departments of Ecology, Natural Re- MINING REGULATIONS IN WASHINGTON 3 METALS MINING AND MILLING Evergreen Plaza Bldg., Suite 703 711 Capitol Way In 1994,the Metals Mining and Milling Act(MMMA) (Chap- Olympia,WA 98501-1234 ter 78.56 RCW) was passed by the Legislature. The MMMA 360-753-9538 amended many existing laws, including: the Water Pollution Control Act(Chapter 90.48 RCW),Water Code(Chapter 90.03 AND A STATE- N RCW), Surface Mining Act(Chapter 78.44 RCW), Hazardous COUNTY-OWNED MINING ON N TAE- NS Waste Management Act(Chapter 70.105 RCW),Air Pollution Control Act (Chapter 70.94 RCW), and State Environmental Chapter 79.01 of the RCW establishes royalties and other crite- Policy Act(Chapter 43.21C RCW). ria for mining most minerals from state-owned uplands. The Definitions of metals mining and milling are: DNR may enter into contracts for the sale of"valuable materi- 1 "Metals mining and milling operation"means a mining als"from state-owned lands."Valuable materials"include rock, operation extracting from the earth precious or base gravel, sand,peat,and silt,but they do not include coal,petro- leum, or natural gas, which are regulated under provisions of metal ore and processing the ore by treatment or concen- tration in a milling facility.It also refers to an expansion other state laws.The DNR issues leases and contracts for explo- of an existing operation or any new metals mining opera- ration and mining of valuable minerals from state-owned lands under provisions of Chapter 332-16 of the WAC. Under the tion if the expansion or new mining operation is likely to rules of Chapter 332-14 of the WAC,the Commissioner of Pub- result in a significant, adverse environmental impact lic Lands may execute option contracts and leases for the mining pursuant to the provisions of Chapter 43.21C of the of coal from state-owned lands;lessees must pay a royalty to the RCW.Placer mining,the smelting of aluminum,and the state. extraction of dolomite, sand, gravel, aggregate, lime- Chapter 97.90 of the RCW regulates the removal of valuable stone, magnesite, silica rock, and zeolite or other non- materials from state-owned aquatic lands.The DNR may enter metallic minerals are not metals mining and milling op- into contracts or leases for the removal and sale of rocks,gravel, erations regulated under this chapter. sand,silt,or other valuable materials from state-owned aquatic 1 "Milling"means the process of grinding or crushing ore lands. Section 332-30-126 of the WAC governs royalty rates. and extracting the base or precious metal by chemical Chapter 78.61 of the RCW governs mineral and petroleum solution,electro winning,or flotation processes. leases on county lands. The MMMA established new requirements for metals min- Authority: Chapters 79.01,97.90,78.61 RCW; ing and milling operations,including a siting study for tailings Chapters 332-16, 332-14 WAC impoundments, waste rock management plans, environmental protection security, economic impact analyses, and mandatory Contact: Appropriate Department of Natural Re- environmental impact studies.The Department of Ecology is the sources regional office(Appendix A) SEPA lead agency. Department of Natural Resources,Division Surface disturbances caused by an underground metals min- of Aquatic Lands(Appendix A) ing and milling operation are subject to the requirements of Chapter 78.44 of the RCW if the operation is proposed after June Appropriate county(Appendix D) 30,1999.Disturbed areas include waste rock sites,tailing facili- ties,and other surface manifestations of underground mines. TRIBAL LANDS Authority: Metals Mining and Milling Act(Chapter Mining on tribal lands is regulated by the affected tribe under 78.56 RCW); Surface Mine Reclamation Act the supervision of the Bureau of Indian Affairs.Persons wishing (Chapter 78.44 RCW) to mine on tribal land must enter into a minerals agreement with the affected tribe.The appropriate tribal planning office should Contact: Appropriate Department of Ecology regional be contacted prior to conducting activities on tribal land.When a office(Appendix B)or Department of project is on non-tribal lands,but may affect treaty-reserved re- Natural Resources,Division of Geology sources or areas of tribal significance,agencies have an obliga- and Earth Resources(Appendix A) tion and responsibility to consult with tribal governments during the project review process. Mitigation may be required to pro- SURFACE COAL MINING tect treaty rights.Prevention of damage to graves or artifacts is required.It is unlawful to remove or mutilate artifacts or burial Surface mining of coal is regulated by the U.S.Office of Surface sites and is punishable as a felony under Washington State law. Mining (OSM) under federal surface-mining laws. The aban- doned mined coal lands program is also administered by the Authority: Indian Mineral Development Act of 1982 OSM. (25 U.S.C. 2101-2108) Authority: Surface Mining Control and Reclamation Act Contact: Appropriate tribe(Appendix E) (Public Law 95-87) 30 U.S.C. 1201-1211, 1231-1328 FORESTRY PITS 30 CFR 700-955 Mining for the primary purpose of constructing or maintaining an access road to or on the landowner's property is not under the Contact: U.S. Department of the Interior authority of the Surface Mining Act(Chapter 78.44 RCW).Pits Office of Surface Mining used exclusively for forest road construction and maintenance Reclamation and Enforcement are regulated by the DNR under the Forest Practices Act(Chap- ■ . l 4 OPEN FILE REPORT 2000-3 ter 76.09 RCW; Title 222 WAC) and rules of the Forest Prac- Authority: Surface Mining Act(Chapter 78.44 RCW); tices Board.Pits that supply rock for forest or farm roads that are WAC 197-11-938;local ordinances not on site or on contiguous lands are subject to regulation under the Surface Mining Act.These pits and roads may require an ap- Contact: Appropriate county(Appendix D),city,or proved Forest Practices application as well as discharge permits town authority from the Department of Ecology. Department of Ecology(Appendix B) Authority: Chapter 76.09 RCW;Title 222 WAC;Chap- Department of Health,Division of Radiation ter 78.44 RCW;Chapter 332-18 WAC Protection(Appendix B) Contact: Appropriate Department of Natural Re- sources regional office(Appendix A) Appropriate local jurisdiction(Appendix D) Load limits for trucks are set by the Washington Department of Transportation. Enforcement is by state,city,or county police. BLASTING AND MINE SAFETY Local transportation routes may be set by local government. Some local jurisdictions may require access permits for Blasting and mine safety at large,long-lived mines are usually placement of ingress to and egress from the property. regulated by the U.S. Department of Labor Mine Safety and Authority: Chapter 46.44 RCW; Chapter 468-38 WAC; Health Administration(MSHA),and by the Bureau of Alcohol, local ordinances Tobacco and Firearms(ATF)if explosives are imported into the state. Contact: Department of Transportation,Motor Carrier The Washington Department of Labor and Industries(L&I) Services(Appendix B) also regulates the use of explosives and amounts of flyrock and vibrations. L&I regulates some aspects of mine safety at Appropriate county(Appendix D),city,or smaller,temporary operations. town authority Authority: (MSHA)Federal Mine Safety and Health Act NOISE of 1977(30 U.S.C. 801 and sections follow- ing); 30 CFR 1-199 Noise abatement and control are the responsibility of local gov- ernment. 27 CFR 55; 18 U.S.C.40 ernment.Local governments may adopt their own sets of noise standards in ordinance.Chapter 173-60 of the WAC(Maximum (L&I)Chapter 70.74 RCW; Chapter 296-52 Environmental Noise Levels)establishes noise levels that can- WAC not legally be exceeded.Permissible noise levels established by this regulation vary depending on the source of noise(residen- Contact: Mine Safety and Health Administration tial, commercial, industrial) and the location receiving the 3633 136th Pl. SE,Room 206 noise. Bellevue,WA 98006 206-553-7037 Authority: Local ordinance;Noise Control Act(Chapter 70.107 RCW);Chapter 173-60 WAC Bureau of Alcohol,Tobacco and Firearms 915 2nd Ave.,Room 842 Contact: Appropriate county(Appendix D),city,or Seattle,WA 98171 town authority 206-220-6440 Washington Department of Labor and Indus- ZONING, LAND USE, AND tries,Explosive Licensing Section(for any GROWTH MANAGEMENT mine)or the agency's regional offices Each county or municipality is responsible for zoning, approv- (Appendix B) ing the mine site location prior to mining,approving the subse- quent use of the surface mine site, planning for population MINERAL PROCESSING growth, designating mineral resource lands, and determining land-use compatibility. Some of the permits issued by counties The definition of surface mining in Chapter 78.44 of the RCW and municipalities are conditional-use permits, building per- specifically excludes the on-site processing of minerals,such as mits,and shoreline permits. concrete batching, asphalt batching, rock crushing, chemical The Growth Management Act(GMA)became law in 1990. processing,and other operational aspects of mining.Local juris It requires all cities and counties to plan for future growth while dictions can regulate these activities if they choose. protecting natural resources. Regulation of processing commonly involves obtaining ap- All jurisdictions must classify and designate natural re- proval from the appropriate air-pollution-control agency (see source lands(like mining,agricultural,and forest land)and crit- Air Quality,p.6).The Department of Ecology has a general dis- ical areas(wetlands, fish and wildlife habitat,aquifer recharge charge permit that may be required for the sand and gravel in- areas, etc.). These jurisdictions must also adopt development dustry(see Water Quality,p.6).For metals mining and milling regulations such as zoning, subdivision ordinances, and other processing plants, the SEPA lead agency is the Department of official land use controls to protect these critical areas. Ecology (Chapter 78.56 RCW). For uranium or thorium mills and tailings, the lead agency is the Washington State Depart- Authority: Counties(Title 36 RCW);cities or towns ment of Health. (Title 35 RCW) . MINING REGULATIONS IN WASHINGTON 5 Growth Management Act(Chapter 36.70A Seattle,WA 98134-2385 RCW);Chapter 365-190 WAC 206-764-3495 Local ordinances State Regulations Contact: Appropriate county(Appendix D),city,or The state regulations that affect development activities in and town authority near wetlands include the Shoreline Management Act(Chapter 90.58 RCW), Hydraulic Project Approval (Chapter 75.20 SHORELINE MANAGEMENT ACT PERMIT RCW), the State Water Pollution Control Act (Chapter 90.48 (SHORELINE PERMIT) RCW), the State Environmental Policy Act (Chapter 43.21C This permit is required for mining that is located on the water or RCW), and the Floodplain Management Program (Chapter shoreline area."Shorelines"are the margins of lakes,including 86.16 RCW).(See also Department of Ecology Publication 90 reservoirs, of 20 acres or greater; streams with a mean annual 029, `Permit Handbook: Commonly Required Environmental flow of 20 cubic feet per second or greater; marine waters; an Permits for Washington State") area landward for 200 feet measured on a horizontal plane from Contact: Appropriate Shorelands and Environmental the ordinary high-water mark;and all associated marshes,bogs, Assistance section of the Department of swamps,and river deltas.Flood plains and floodways incorpo- Ecology(Olympia headquarters and Eastern rated into local Shoreline Master Programs are also included. regional office)or the regional offices of the Any mining along a shoreline must be consistent with the lo- Department of Fish and Wildlife(Appendix cal Shoreline Master Program. Frequently, mining along a B) shoreline requires a shoreline substantial-development permit, which is issued by the local jurisdiction (city or county). If a Local Regulations shoreline variance or conditional-use permit is required by the local jurisdiction,the Department of Ecology must also give its Local jurisdictions can also have laws that will affect projects in approval to the terms of the permit,deny the permit,or approve or adjacent to wetlands.The most common means of regulating the permit with conditions. development in wetland areas is the local Shoreline Master Pro- gram.Because there is considerable variation in the provisions Authority: Chapter 90.58 RCW;Chapters 173-14, 173- of local regulations, it will be necessary to contact local plan- 16 to 173-20 WAC ping departments to determine which provisions affect a partic- ular wetland. In many instances, local regulations may cover Contact: Appropriate county(Appendix D),city,or wetlands not covered by federal and state regulations,and may town authority be more restrictive than federal and state regulations. Further- Department of Ecology,Headquarters Office more,the Washington Growth Management Act is intended to (Appendix B), Shorelands and Environmental designate wetland areas and is the responsibility of local govern- Assistance Program,360-407-6600 or 360- ment. (See also Department of Ecology Publication 90-029, 407-6781 "Permit Handbook: Commonly Required Environmental Per- mits for Washington State") WETLANDS Contact: Appropriate county(Appendix D),city,or Wetlands are areas that may be seasonally flooded or saturated town authority by water.Wetlands perform important functions such as water- quality improvement, flood-water storage, and surface- and FOREST PRACTICES AND LAND CLEARING ground-water recharge, and can be essential fish and wildlife A mine owner or operator must obtain approval from the DNR habitat. Wetlands are regulated under federal, state, and local before beginning any forest practice directly pertaining to forest laws. land that involves harvesting or processing timber,including but Useful publications from the Department of Ecology are not limited to: "Wetland Regulations Guidebook" (Publication 88-005) and "How Ecology Regulates Wetlands"(Publication 97-112). Road and trail construction Harvesting,final and intermediate Federal Regulations Precommercial thinning Reforestation The principal federal laws that regulate activities in wetlands are Fertilization sections 401 and 404 of the Clean Water Act(33 U.S.C. 1341 Prevention and suppression of diseases and insects and 33 U.S.C. 1344)and section 10 of the River and Harbor Act Salvage of trees (33 U.S.C. 403). When a permit is required under those laws, Brush control other federal laws may also apply. These laws include the Na- Local jurisdictions may require permits to clear land prior to tional Environmental Policy Act (NEPA) (42 U.S.C. 4321— surface mining. 4370b), the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), certification provisions related to the federal Authority: Chapter 76.09 RCW;Title 222 WAC; local Coastal Zone Management Act(16 U.S.C. 1456),and others. ordinances Contact: District Engineer Contact: Appropriate Department of Natural Re- U.S. Army Corps of Engineers sources regional office(Appendix A)and ap- Attn: Regulatory Branch propriate local jurisdiction(Appendix D) 4735 E. Marginal Way S. 6 OPEN FILE REPORT 2000-3 WATER QUALITY Authority: Chapter 70.95 RCW; Chapter 173-304 WAC; The Washington Department of Ecology administers the Water local ordinances Pollution Control Act(Chapter 90.48 RCW),which is intended Contact: Appropriate county planning department to "insure the purity of all waters of the state consistent with (Appendix D), local health district(Appendix public health and public enjoyment thereof,the propagation and F),or Department of Ecology regional office protection of wildlife, birds, game fish and other aquatic life, (Appendix B) and the industrial development of the state."If a water-quality violation occurs at a surface mine,the Department of Ecology regional office should be contacted for enforcement action. HAZARDOUS WASTE The Department of Ecology currently can issue:water-qual- The Department of Ecology regulates the disposal of hazardous ity certification;the state's waste discharge permit;ground-wa- waste under the supervision of the federal Environmental Pro- ter discharge permit;and the National Pollutant Discharge Elim- tection Agency. ination System (NPDES) permit, which is administered under authority delegated by the U.S. Environmental Protection Authority: Chapter 70.105 RCW;Chapter 173-303 Agency. WAC;the federal Resource Conservation and The Department of Ecology has a general permit for the sand Recovery Act,42 U.S.C. 6901 and following and gravel industry.This general permit regulates discharges of sections process water, stormwater, and mine-dewatering water associ- ated with sand and gravel operations,rock quarries,and similar Contact: Appropriate Department of Ecology regional mining activities,including stockpiles of mined materials,con- office,Hazardous Waste section(Appendix crete batch operations, and hot mix asphalt operations.Opera- B) tors should apply directly to the Department of Ecology regional offices to maintain compliance. AIR QUALITY Authority: Chapters 90.48,90.52,90.54 RCW;Chapters Definitions of air pollution in Washington are based on a set of 173-216 and 173-220 WAC;WAC 173-224- laws and regulations involving three levels of government, as 040(1);the federal Clean Water Act(33 follows: (1)The federal government,through the Environmen- U.S.C. 1251-1387) tal Protection Agency,sets air-pollution standards that apply na- tionally; (2) the state government, through the Department of Contact: Appropriate Department of Ecology regional Ecology,is required to implement those standards and can(and office(Appendix B) has) set stricter standards; and (3) local air-pollution-control agencies also have broad responsibilities for implementing air- GROUND-WATER AND SURFACE-WATER pollution-control activities within their single-or multi-county WITHDRAWAL jurisdictions and have the power to set standards stricter than those of the state and federal agencies. The Washington Department of Ecology regulates the with- The Department of Ecology or the local air-pollution-con- drawal of water from surface and underground sources.If a min- trol authority has review and permit authority over rock crush- ing activity requires the use of water, or if water rights are be- ers, batch plants, fugitive dust emissions from mining opera- lieved to have been affected by surface mining,the Department tions,and haul roads and should be contacted for further infor- of Ecology's Water Resources section should be contacted. mation. Authority: Chapters 18.104,43.27A,90.03,90.14, Authority: Local ordinances; Chapters 43.21A and 70.94 90.16,90.22, 90.44,90.54 RCW;Chapters RCW; Chapters 173-400, 173-405, 173-410, 508-12, 173-150, 173-160, 173-162 WAC 173-415, 173-490 WAC;federal Clean Air Contact: Appropriate Department of Ecology regional Act,42 U.S.C. 7401 and following sections office(Appendix B) Contact: Appropriate air-pollution-control authority or Department of Ecology regional office HYDRAULIC PROJECT APPROVAL (HPA) (Appendices B and G) Any work, including mining, that uses, diverts, obstructs, or changes the natural flow or bed of any fresh-water or salt-water BURNING body of the state requires approval from the Washington Depart- Burning in preparation for surface mining or burning within a ment of Fish and Wildlife. surface-mine permit area may require a burning permit. All Authority: RCW 75.20.100;Chapter 220-110 WAC types of outdoor fires may be subject to regulation, including those to burn vegetation,forest slash,and wood debris,as well Contact: Appropriate Department of Fish and Wildlife as recreational fires. office(Appendix B) Authority: Federal Clean Air Act,42 U.S.C.;Chapter LANDFILLS AND DUMPING 76.04 RCW; Chapter 332-24 WAC Local health districts and county governments are responsible Contact: Appropriate DNR regional office(Appen- for site selection and regulation of landfill and dump operations. dix A) The Washington Department of Ecology works in cooperation The local fire-protection agency may also re- with local governments g e is in developing waste management plans. quire a burning permit I ' MINING REGULATIONS IN WASHINGTON 7 ARCHAEOLOGICAL RESOURCES Contact: Department of Interior The Office of Community Development (OCD) regulates ar- U.S.Fish and Wildlife Service chaeological excavations on state and private lands. The OCD Olympia State Office Office of Archaeology and Historic Preservation can determine 510 Desmond Dr. SE, Suite 102 if historic or archaeological sites would be affected by mining. Lacey,WA 98503-1236 An historic/archaeological excavation assessment may be re- 360-753-9440 quired. An archaeological excavation permit required by RCW National Marine Fisheries Service 27.53.060 must be obtained before the digging up of any archae- Northwest Regional Office ological resource or the excavation of any such site. 7600 Sand Point Way NE Mining projects may be subject to review under Section 106 Seattle,WA 98115-0070 of the National Historic Preservation Act of 1966(NHPA).This 206-526-6150 act requires that all federal agencies take into account the affect William Stelle,Jr.,Regional Administrator of its actions on historic properties. Requirements of Section 106 review apply to any federal undertaking, funding, license, OIL POLLUTION PREVENTION REGULATION or permit. The Office of Archaeology and Historic Preservation is con- The Environmental Protection Agency's Oil Pollution Preven- sulted to help determine if the site has been surveyed,if there are tion regulation promulgated under the Clean Water Act and identified historical resources on-site, and if the property is amended under the Oil Pollution Act of 1990 addresses non- listed or eligible for listing on the National Register of Historic transportation-related facilities.The main requirement of facili- Places. ties subject to the regulation is preparation and implementation of a plan to prevent any discharge of oil into navigable waters of Authority: Chapter 27.53 RCW;Chapter 25-48 WAC the United States(including ground water).The plan is referred Contact: Office of Community Development,Office to as a Spill Prevention Control and Countermeasure Plan of Archaeology and Historic Preservation (SPCC Plan). (Appendix B) Authority: 40 CFR 112 THREATENED AND ENDANGERED SPECIES Contact: U.S. Environmental Protection Agency Mailstop ECL 117 The Endangered Species Act of 1973 (ESA) instructs federal 1200 6th Ave. agencies to carry out programs to conserve endangered and Seattle,WA 98101 threatened species(plants and animals)and to conserve the eco- 206-553-1090 systems on which these species depend. The U.S.Fish and Wildlife Service(USFWS)in the Depart- NOXIOUS WEEDS ment of the Interior and the National Marine Fisheries Service (NMFS) in the Department of Commerce share responsibility Weeds at mine sites are undesirable because they threaten native for administration of the ESA.They are responsible for ensuring vegetation and can make it very difficult to reclaim a mine site that government and citizen actions do no further harm to spe- for the planned subsequent use. cies listed as endangered or threatened,as well as for developing County weed control authorities,which administer Chapter and implementing a plan for recovering the species to a stable 17.10 of the RCW, Washington's Noxious Weed Control law, population. Generally, the NMFS deals with anadromous fish can be contacted with regard to which weed species are present (fish that migrate from salt water to fresh water to spawn) and and what they recommend for control of specific species of those species occurring in marine environments, while the weeds. USFWS is responsible for terrestrial and freshwater species and Certain aquatic and wetland plants have been designated as migratory birds. noxious weeds by the Washington State Noxious Weed Control The ESA requires the publication of 4(d) rules for species Board. Generally, a permit from the Director of Agriculture is listed as"threatened."These 4(d)rules put"take"prohibitions required for transporting various plants or plant parts. in place and also limit take prohibitions for specific categories of activities that contribute to conserving listed species. The Trigger Activity: Transporting noxious plants USFWS has enacted a general 4(d)rule applying statutory take or plant parts prohibitions for endangered species and threatened species.The Authority: Chapter 17.10 RCW; Chapter 16-752 WAC NMFS does not have a general 4(d)rule and enacts 4(d)rules on a more specific basis. Contact: Department of Agriculture,Plant Services Division(Appendix B) Authority: Threatened and Endangered Species Act; 50 CFR 17,50 CFR 402-453.06 Fee: None 8 OPEN FILE REPORT 2000-3 C 0 N as 1 2 W ' /'c1 N c a C D -II I W ° 0 _ 2 / W O. c I I LL rn -I --1 O I- � m 0_ I w— S `n ,d w t— I I_,�1 z I ' \ a O �' ° I is I /• 5 CC 1- z I 0 1 \ OS x I I z cu H I Y \- Co Z I u. / I C L ()I I 0,d ' p2 0 4 f Q -_-_��/ z C_re ro z x . z g 1 ca ~ 1 m ur °_ 1 D oI 'O 1 --- - w o • > C N I I v 1`i / 1 N 3 I I O ° I a C I 2 I I ° In / = a•T ? ' co W I—I I != ■ JJQ ~ • I I c _ ■ I Q aU - U Y I } ' F- D C I Y o O I U o ' I Y E•c I as I /' I U c I I I I o I 1 I I O d I o I I LL O I a) Ni y vLf F i 1 I I rn 3 I- I W 3 oI WI o 0 , I r I 8 =I o p �Z � I g °' b i_I z z d' ' U I 1- z N� a'I Y HO •■S\ I U) < c c I ■ ZI Oy/• a I rn �v – 3 I I I 1 N - - Z,---•- --- c� � 25 K / I w ' 0 I �w U) 5.' �1 _.. ,_,4Y: t Z I CG '� U 7 I z \ ....I / 3 r, --- 1 2 i I ;6 / I ''�1� , z ; I H o ° \t I &;,r I Z I Y Q I- - i W __ a) c I —• I ) CL o V � I rte---- o °' I I a o V I = f6 ❑ f ' O I I v I Q Z 5 12 ce I j - ° A A y 1 I } LL I I d C U CD C ° c I E U A J p= I `=° °� v co w I I c r N I • 1 / I 1, c 7 6 U MINING REGULATIONS IN WASHINGTON 9 Table 1. Summary of surface-mine permitting requirements Issue Requirements Agency Citation FEDERAL Sand and Gravel Discharge;Surface Water 33 U.S.C. 1251-1400 Water quality Waste Discharge Permit;National Pollution EPA/Ecology (see also 33 U.S.C.402 and 404) Discharge Elimination System(NPDES) Water quality Water Quality Certification EPA 33 U.S.C.401,federal Clean Water Act Air quality Air Contaminant Source Operation Permit EPA 42 U.S.C.7401 and following sections Hazardous waste Dangerous(Hazardous)Waste Permit EPA 42 U.S.C.6901-6992k treatment,storage or disposal Threatened and Threatened and Endangered Species Fish and Wildlife 50 CFR 17 and 402-453.6 endangered species Consultation and Clearance Service On-site oil spills Spill Prevention,Control and EPA 40 CFR 112 Countermeasure(SPCC)Plan Activities near Dredge and Fill Permit U.S.Army Corps 33 U.S.C.404, surface water bodies of Engineers federal Clean Water Act Mineral mining Plan of Operations USFS 36 CFR 228.4 and 228.5 Mineral mining Plan of Operations BLM 43 CFR 3809 Rights of way(access) USFS Right of Way Approvals USFS 36 CFR 228.12 Rights of way BLM Right of Way Approvals BLM 43 CFR 3809 Mine safety Explosives Use Permit MSHA 30 U.S.C.801 and following sections (Mine Safety and Health Act) Mine safety Explosives Use Permit ATF 18 U.S.C.840;27 CFR 55 Miners safety Miners Training Plan Approval MSHA 30 CFR 48.21 and following sections U.S.Army Corps Secs.401 and 404 of 33 U.S.C. 1341-1344; Wetlands preservation Various wetlands permits of Engineers sec. 10 of the River&Harbor Act, 33 U.S.C.403 Procedure National Environmental Policy Act(NEPA) Appropriate 40 CFR 1500-1508; federal agency 42 U.S.C.4321 and following sections STATE Water quality Ground Water Waste Discharge Permit Ecology Chapters 90.48,90.52,90.54 RCW; Chapter 173-216 WAC Water quality Surface Water Waste Discharge Permit Ecology Chapter 90.48 RCW; Chapters 173-220, 173-216 WAC Water quality Water Quality Certification Ecology Chapter 90.48 RCW; Chapter 173-225 WAC Water quality On-site Sewage System Permit Ecology Chapter 90.48 RCW; Chapter 173-240 WAC Water quality Temporary Modification of Receiving Ecology Chapter 90.48 RCW; Water Standards Chapters 173-201, 173-222 WAC Air quality Prevention of Significant Deterioration Standards Ecology Chapter 43.2IA RCW; Chapters 173-400 WAC Air quality New Source Construction Approval Ecology RCW 70.94.152; Chapters173-400, 173-490 WAC Air quality Air Contaminant Source Operation Permit Ecology RCW 70.94.161; Chapter 173-400 WAC Air quality Burning Permits Ecology RCW 70.94.650 and following sections Hazardous waste (Hazardous)Waste Permit Ecology Chapter 70.105 RCW; treatment,storage or disposal Chapter 173-303 WAC Water rights Surface Water Right Permit Ecology RCW 90.03.250 and following sections Water rights Ground Water Right Permit Ecology RCW 90.44.060 Water rights Changes to Existing Water Rights—Certificates Ecology RCW 90.03.380,90.44.100 Water rights Temporary Permit Ecology RCW 90.03.250 Water storage Reservoir Permit Ecology RCW 90.03.370; Chapter 508-12 WAC Test well drilling Preliminary Permit Ecology RCW 90.03.290 Dam safety Dam Safety Approval Ecology RCW 90.03.350 Public water supply Public Water Supply Facilities Permit Ecology Chapter 43.2IA RCW Bodies of surface water Hydraulic Project Approval(HPA) Fish and Wildlife RCW 75.20.100; Chapter 220-110 WAC Mine reclamation Reclamation Permit DNR Chapter 78.44 RCW; Chapter 332-18 WAC . 10 OPEN FILE REPORT 2000-3 Table 1.(continued) Issue Requirements Agency Citation Metals mining Metals Mining and Milling Act(numerous permits) Numerous Chapter 78.56 RCW Forestry protection Burning Permit DNR RCW 76.04.205; Chapter 332-44 WAC Forestry protection Forest Practices Approval DNR Ch Titl e 2t e 2 2 RCW; T22 WAC Wetlands preservation Various wetlands permits Ecology RCW 90.58.140; Chapters 90.03 and 90.44 RCW Waste management Hazardous Waste Annual Reporting Ecology Chapter 70.105 RCW; Chapter 173-303 WAC Flood control Flood Plain Management Permit Ecology C 86.16 RCW; Chapter 1773 3-158 WAC Mine safety Explosive Use Permit Labor and Chapter 70.74 RCW; Industries WAC 296-52-437 Procedural State Environmental Policy Act(SEPA) Appropriate state Chapter 43.21C RCW; or local agency Chapter 197-11 WAC LOCAL Water quality On-site Sewage System County/city Chapter 90.48 RCW; Chapter 173-240 WAC Air quality Burning permits County/city Chapter 70.94 RCW Noise control Noise Control permits County/city Chapter 70.107 RCW; Chapter 173-60 WAC Solid waste disposal Solid Waste Disposal Permit County/city Chapter 70.95 RCW; Chapter 173-304 WAC Shorelines Substantial Development Permit County/city RCW 90.58.140(2); Chapters 173-14,-16-20 WAC RCW 90.58.100(5); Shorelines Conditional Use Permit County/city Chapters 173-14,-16-20 WAC; local ordinances Local zoning and Variances,conditional use permits, County/city Titles 35 and 36 RCW regulation codes building permits Pollution control On-site Sewage Disposal Permit County/city Local ordinances Appendix A. Department of Natural Resources offices (1-800-527-3305) DIVISION OFFICES Department of Natural Resources Olympic Region Department of Natural Resources Route 1,Box 1375 Division of Aquatic Resources Forks,WA 98331-9797 PO Box 47027 360-374-6131 Olympia,WA 98504-7027 360-374-5446 fax 360-902-1100 360-902-1786 fax Department of Natural Resources South Puget Sound Region Department of Natural Resources PO Box 68 Division of Geology and Earth Resources Enumclaw,WA 98022-0068 PO Box 47007 360-825-1631 Olympia,WA 98504-7007 360-825-1672 fax 360-902-1450 360-902-1785 fax Department of Natural Resources Southeast Region REGIONAL OFFICES (see Fig. 1) 713 Bowers Rd. Ellensburg,WA 98926-9341 Department of Natural Resources 509-925-8510 Central Region 509-925-8522 fax 1405 Rush Rd. Chehalis,WA 98532-8763 Department of Natural Resources 360-748-2383 Southwest Region 360-748-2387 fax 601 Bond Rd. PO Box 280 Department of Natural Resources Castle Rock,WA 98611-0280 Northeast Region 360-577-2025 PO Box 190 360-274-4196 fax Colville,WA 99114-0190 509-684-7474 509-684-7484 fax Department of Natural Resources Northwest Region 919 N.Township St. Sedro-Woolley,WA 98284-9333 360-856-3500 360-856-2150 fax 11 Appendix B. State agency offices DEPARTMENT OF AGRICULTURE Department of Fish&Wildlife Habitat Management Program Department of Agriculture PO Box 43200 Plant Services Division Olympia,WA 98501-1091 21 N. 1st Ave. 360-902-2534 Yakima,WA 98902 Greg Hebraic Department of Fish&Wildlife 509-225-2604 Marine Fish and Shellfish Program PO Box 43200 DEPARTMENT OF ECOLOGY Olympia,WA 98501-1091 360-902-2800 Department of Ecology Headquarters Office Department of Fish&Wildlife PO Box 47600 Salmon&Steelhead Division Olympia,WA 98504-7600 PO Box 43200 360-407-6000 Olympia,WA 98501-1091 360-902-2661 Department of Ecology Central Regional Office Department of Fish&Wildlife (Benton,Chelan,Douglas,Kittitas, Marine Resources Division Klickitat,Okanogan,and Yakima counties) PO Box 43200 106 S.6th Ave. Olympia,WA 98501-1091 Yakima,WA 98902-3387 509-575-2491 Department of Fish&Wildlife Spokane—Region No. 1 Department of Ecology 8702 N.Division St. Eastern Regional Office Spokane,WA 99218-1199 (Adams,Columbia,Ferry,Franklin,Garfield, 509-456-4082 Grant,Lincoln,Pend Oreille,Spokane,Stevens, Department of Fish&Wildlife Walla Walla,and Whitman counties) Ephrata—Region No.2 4601 N.Monroe St.,Suite 202 1550 Alder St.NW Spokane,WA 99205-1295 Ephrata,WA 98823-9699 509-456-2926 509-754-4624 Department of Ecology Northwest Regional Office Department of Fish&Wildlife (Island,King,Kitsap,San Juan,Skagit, Yakima—Region No.3 Snohomish,and Whatcom counties) 1701 S.24th Ave. 3190 160th Ave.SE Yakima,WA 98902-5720 Bellevue,WA 98008-5452 509-575-2740 425-649-7000 Department of Fish&Wildlife Department of Ecology Mill Creek—Region No.4 Southwest Regional Office 16018 Mill Creek Blvd. (Clallam,Clark,Cowlitz,Grays Harbor, Mill Creek,WA 98012-1296 Jefferson,Lewis,Mason,Pacific,Pierce, 425-775-1311 Skamania,Thurston,and Wahkiakum counties) Department of Fish&Wildlife 300 Desmond Dr.SE Vancouver—Region No.5 Lacey,WA 98503 2108 Grand Blvd. 360-407-6000 Vancouver,WA 98661-1299 360-696-6211 DEPARTMENT OF FISH & WILDLIFE Department of Fish&Wildlife Department of Fish&Wildlife Aberdeen—Region No.6 Headquarters Office 48-B Devonshire Rd. 600 Capitol Way N. Montesano,WA 98563-0000 Olympia,WA 98501-0191 360-249-6522 360-753-5700 12 MINING REGULATIONS IN WASHINGTON 13 Department of Fish&Wildlife Department of Labor&Industries Regulatory Services Program Bremerton Field Services Location Habitat Management Division 500 Pacific Ave. 600 Capitol Way N. Bremerton,WA 98337-1943 Olympia,WA 98501-1091 360-415-4000 360-753-3318 Department of Labor&Industries Port Angeles Field Services Location DEPARTMENT OF HEALTH 1605 E.Front St.,Suite C Department of Health Port Angeles,WA 98362-4628 Division of Radiation Protection 360-417-2700 NewMarket Industrial Campus Department of Labor&Industries 7171 Cleanwater Lane,Building 5 Tacoma Field Services Location PO Box 47827 305 Public Service Building Olympia,WA 98504-7827 1305 Tacoma Ave.S.,Room 305 360 236-3300 Tacoma,WA 98402-1988 253-596-3800 DEPARTMENT OF LABOR & INDUSTRIES Department of Labor&Industries Region 4 Offices Explosive Licensing Section Department of Labor&Industries PO Box 44648 Aberdeen Field Services Location Olympia,WA 98504 415 W.Wishkah,Suite 1B 360-902-5563 Aberdeen,WA 98520-4315 360-533-8200 Region 1 Offices Department of Labor&Industries Department of Labor&Industries Longview Field Services Location Bellingham Field Services Location 900 Ocean Beach Hwy. 1720 Ellis St.,Suite 200 Longview,WA 98632-4013 Bellingham,WA 98225 360-575-6900 360-647-7300 Department of Labor&Industries Department of Labor&Industries Tumwater Field Services Location Everett Field Services Location 7273 Linderson Way,Tumwater 729 100th St.SE PO Box 44850 Everett,WA 98208-3727 Olympia,WA 98504-4850 425-290-1300 360-902-5799 Department of Labor&Industries Department of Labor&Industries Mount Vernon Field Services Location Vancouver Field Services Location 525 E.College Way,Suite H 312 SE Stonemill Dr.,Suite 120 Mount Vernon,WA 98273 5500 Vancouver,WA 98684-6982 360-416-3000 360-896-2300 Region 2 Offices Region 5 Offices Department of Labor&Industries Department of Labor&Industries Bellevue Field Services Location East Wenatchee Field Services Location 616 120th Ave.NE,Suite C201 519 Grant Rd. Bellevue,WA 98005 East Wenatchee,WA 98802 425-990-1400 509-886-6500 Department of Labor&Industries Department of Labor&Industries Seattle Field Services Location Kennewick Field Services Location 300 W.Harrison 500 N.Morain,Suite 1110 Seattle,WA 98119 Kennewick,WA 99336 206-281-5400 509-735-0100 Department of Labor&Industries Department of Labor&Industries Tukwila Field Services Location Moses Lake Field Services Location 12806 Gateway Dr. 3001 W.Broadway Seattle,WA 98168-3311 Moses Lake,WA 98837 206-248-8240 509-764-6900 Region 3 Offices • 14 OPEN FILE REPORT 2000-3 Department of Labor&Industries Department of Labor&Industries Okanogan Field Services Location Spokane Field Services Location 1234 S 2nd Ave. N.901 Monroe,Suite 100 PO Box 632 Spokane,WA 99201 Okanogan,WA 98840 509-324-2600 or 800-509-8847 509-826-7345 Department of Labor&Industries DEPARTMENT OF TRANSPORTATION Walla Walla Field Services Location Department of Transportation 1815 Portland Ave. Motor Carrier Services Walla Walla,WA 99362 921 Lakeridge Way SW 509-527-4437 PO Box 47367 Olympia,WA 98504-7367 Department of Labor&Industries 360-664-9494 or 800-562-6902 Yakima Field Services Location 15 W.Yakima Ave.,Suite 100 Yakima,WA 98902-3401 OFFICE OF COMMUNITY DEVELOPMENT 509-454-3700 Office of Community Development Office of Archaeology and Historic Preservation Region 6 Offices 420 Golf Club Rd.SE,Suite 201,Lacey Department of Labor&Industries PO Box 48343 Colville Field Services Location Olympia,WA 98504-8343 298 S.Main,Suite 203 360-407-0752 Colville,WA 99114 509-684-7417 or 800-509-9174 Department of Labor&Industries Pullman Field Services Location SE 1250 Bishop Blvd.,Suite G PO Box 847 Pullman,WA 99163 509-334-5296 or 800-509-0025 Appendix C. Federal land managers U.S. DEPARTMENT OF AGRICULTURE Wenatchee National Forest FOREST SERVICE 301 Yakima St. Colville National Forest PO Box 811 765 S.Main Wenatchee,WA 98807-0811 Colville,WA 99114-2599 509-662-4335 509-684-3711 U.S. DEPARTMENT OF INTERIOR Gifford Pinchot National Forest NATIONAL PARK SERVICE 6926 E.4th Plain Blvd. Pacific Northwest Regional Office PO Box 894 Vancouver,WA 98666-0894 909 1st Ave. 360-891-5000 Seattle,WA 98174-1103 206-220-4000 Mt.Baker—Snoqualmie National Forest 21905 64th Ave.W. BUREAU OF LAND MANAGEMENT Mountlake Terrace,WA 98043-2278 425-775-9702 Spokane District 4217 E.Main Ave. Okanogan National Forest Spokane,WA 99202-4742 1240 2nd Ave.S. 509-353-2570 Okanogan,WA 98840-9723 509-826-3275 Wenatchee Resource Area 1133 Western Ave.N. Olympic National Forest Wenatchee,WA 98801-1229 1835 Black Lake Blvd.SW 509-662-4223 Olympia,WA 98512-5623 360-956-2300 15 Appendix D. County planning agencies Adams County Planning Commission Ferry County Planning Department 165 N. 1st PO Box 305 Othello,WA 99344-1061 Republic,WA 99166-0305 509-488-9441 509-775-5209 Asotin County Planning Commission Franklin County Planning Department 135 2nd St. Franklin County Courthouse PO Box 160 1016 N.4th Ave. Asotin,WA 99402-0160 Pasco,WA 99301-3776 509-243-2074 509-545-3521 Benton County Garfield County Commissioner's Planning&Building Department Planning Department PO Box 910 PO Box 278 Prosser,WA 99350-0910 Pomeroy,WA 99347-0278 509-786-5612 509-843-1391 Benton—Franklin Regional Council Grant County Planning Commission PO Box 217 PO Box 37 Richland,WA 99352-0217 Ephrata,WA 98823-0037 509-943-9185 509-754-2011 Chelan County Regional Planning Commission Grays Harbor County Planning Department 411 Washington St. PO Box 390 Wenatchee,WA 98801-2854 Montesano,WA 98563-0390 509-664-5225 360-249-5579 Clallam County Planning Department Grays Harbor County Regional Planning 223 E.4th St. 2109 Sumner Ave.,Suite 202 Port Angeles,WA 98362-3025 Aberdeen,WA 98520-3699 360-417-2321 360-532-8812 Clark County Department of Public Services Island County Planning Commission Planning and Development Review Division PO Box 5000 1408 Franklin St. Coupeville,WA 98239-5000 PO Box 9810 360-679-7339 Vancouver,WA 98668-8810 360-699-2375 Jefferson County Planning Department PO Box 1220 Columbia County Planning Department Port Townsend,WA 98368-1220 341 E.Main 360-385-9140 Dayton,WA 99328-1361 509-382-4676 King County Parks Planning and Resources Department Cowlitz County Department of 506 2nd Ave.,Room 1108 Community Development Seattle,WA 98104-2336 207 4th Ave.N. 206-296-6704 Kelso,WA 98626-4189 360-577-3052 Kitsap County Planning Department Kitsap Regional Council Cowlitz—Wahkiakum Council of Governments 614 Division St. Administration Annex Port Orchard,WA 98366-4676 207 4th Ave.N. 360-876-7182 Kelso,WA 98626-4195 360-577-3041 Kittitas County Planning Commission Kittitas County Courthouse,Room 182 Douglas County Regional Planning Department 205 W.5th Ave. 470 9th St. Ellensburg,WA 98926-2894 East Wenatchee,WA 98802-1503 509-962-7506 509-884-7173 Klickitat County Planning Department 228 W.Main St.,Room 150 Goldendale,WA 98620-9597 509-773-5703 16 MINING REGULATIONS IN WASHINGTON 17 Lewis County Planning Department Snohomish County Planning Department 350 N.Market Blvd. 3000 Rockefeller Ave. Chehalis,WA 98532-2626 Everett,WA 98201-4046 360-740-1146 360-388-3313 Lincoln County Planning Commission Spokane County Planning Commission PO Box 297 1116 W.Broadway Ave. Davenport,WA 99122-0297 Spokane,WA 99260-0020 509-725-7911 509-456-3675 Mason County Stevens County Planning Department Department of Community Development Stevens County Courthouse Annex PO Box 578 260 S.Oak Shelton,WA 98584-0578 PO Box 191 360-427-9670 Colville,WA 99114-0191 509-684-2401 Okanogan County Planning Commission 237 4th Ave.N. Thurston Regional Planning Council PO Box 1009 2404 Heritage Ct.SW,#B Okanogan,WA 98840-1009 Olympia,WA 98502-6031 509-422-7110 360-786-5480 Pacific County Planning Department Walla Walla County Regional Planning Commission PO Box 68 310 W.Popular,Room 117 South Bend,WA 98586-0068 Walla Walla,WA 99362-2865 360-875-9356 509-527-3285 Pacific County Regional Planning Whatcom County Planning Department PO Box 709 5280 Northwest Rd.,Suite B Raymond,WA 98577 Bellingham,WA 98226-9094 360-676-6907 Pend Oreille County Planning Department PO Box 5066 Whitman County Planning Department Newport,WA 99156-5066 PO Box 430 509-447-4821 Colfax,WA 99111-0430 509-397-6212 Pierce County Planning&Land Services Department 2401 S.35th St. Yakima County Planning Department Tacoma,WA 98409-7490 Yakima County Courthouse,Room 417 253-591-7200 128 N.2nd St. Yakima,WA 98901-2631 San Juan County Planning Department 509-575-2230 PO Box 947 Friday Harbor,WA 98250-0947 Yakima Valley Conference of Governments 360-378-2354 6 S.2nd St.,Suite 605 Yakima,WA 98901-2618 Skagit County Planning Department 509-574-1550 County Administration Building,Room 204 Mount Vernon,WA 98273-3864 Puget Sound Regional Council 360-336-9410 1011 Western Ave.,#500 Seattle,WA 98104-1035 Skamania County Planning Department PO Box 790 Stevenson,WA 98648-0790 509-427-9458 Appendix E. Tribal contacts Chehalis Confederated Tribes Nooksack Indian Tribe Planner Administrative Officer PO Box 536 5048 Mt.Baker Highway Oakville,WA 98568-0536 PO Box 157 360-273-5911 Deming,WA 98244-0157 360-592-5176 Colville Confederated Tribes Watershed Manager Port Gamble S-Klallam Tribe PO Box 150 Environmental Planner Nespelem,WA 99155-0150 PO Box 280 509-634-8844 Kingston,WA 98346-0280 360-297-2646 Hoh Tribe Planner Puyallup Tribe HC 80 Box 917 Planning Director Forks,WA 98331-0917 2002 E.28th St. 360-374-6582 Tacoma,WA 98404-4996 253-597-6200 Jamestown Klallam Tribe Tribal Planner Quileute Tribe 1033 Old Blyn Hwy. Planning Director Sequim,WA 98382-9608 PO Box 279 360-683-1109 La Push,WA 98350-0279 360-374-6163 Kalispel Tribe Planning Director Quinault Indian Nation PO Box 39 Planning Director Usk,WA 99180-0039 PO Box 189 509-445-1147 Taholah,WA 98587-0189 360-276-8211 Lower Elwha Klallam Tribe Business Manager Sauk-Suaittle Tribe 2851 Lower Elwha Rd. Chairman Port Angeles,WA 98362-0000 5318 Chief Brown Ln. 360-452-8471 Darrington,WA 98241-9421 360-436-0132 Lummi Nation Planner Shoalwater Bay Tribe 2616 Kwina Rd. Tribal Administrator Bellingham,WA 98226-9298 PO Box 130 360-647-6278 Tokeland,WA 98590-0130 360-267-6766 Makah Tribal Counsel Economic Development Director Skokomish Tribe PO Box 115 Fisheries Habitat Biologist Neah Bay,WA 98357-0115 541 N.Tribal Center Rd. 360-645-2205 Shelton,WA 98584-9748 360-877-5213 Muckleshoot Tribe Planner Squaxin Island Tribe 39015 172nd Ave.SE Community Development Planner Auburn,WA 98002-9763 70 SE Squaxin Ln. 360-939-3311 Shelton,WA 98584-9200 360-426-9781 Nisqually Indian Tribe Planning Director Spokane Tribe of Indians 4820 She-Nah-Num Dr.SE Planning Director Olympia,WA 98513-9199 PO Box 100 360-456-5221 Wellpinit,WA 99040-0100 509-258-4581 18 MINING REGULATIONS IN WASHINGTON 19 Stillaguamish Tribe of Indians Upper Columbia United Tribes Director Planner Department of Biology 3439 Stoluckquamish Ln. Mailstop:72 PO Box 277 Eastern Washington University Arlington,WA 98223-0277 Cheney,WA 99004-2496 360-652-7362 509-359-6397 or 509-359-7498 Suquamish Tribe Yakima Indian Nation Community Development Specialist Planner PO Box 498 PO Box 151 Suquamish,WA 98392-0498 Toppenish,WA 98948-0151 360-598-3311 509-865-5121 Tulalip Tribes Planning Director 6700 Totem Beach Rd. Marysville,WA 98271-9694 360-653-4585 • v. Appendix F. County public health districts Adams County Health District Grays Harbor County Health Department 108 W.Main Ave. Environmental Health Division Ritzville,WA 99169-1407 PO Box 391 509-659-0090 ext.262 Montesano,WA 98563-0391 206-249-4413 Asotin County Health District 431 Elm St. Island County Environmental Health Department Clarkston,WA 99403-2694 PO Box 5000 509-758-3344 Coupeville,WA 98239-5000 360-679-7350 Benton—Franklin Health District Environmental Health Division Jefferson County Environmental Health Department 800 W.Canal Dr. Castle Hill Center Kennewick,WA 99336-3564 615 Sheridan St. 509-582-7761 Port Townsend,WA 98368-2439 360-385-9444 Chelan—Douglas Health District Environmental Health Division Bremerton—Kitsap County Health District 411 Washington St. Environmental Health Division Wenatchee,WA 98801-2887 109 Austin Dr. 509-664-5310 Bremerton,WA 98312-1899 360-478-5285 Clallam County Environmental Health 223 E.4th St. Kittitas County Health Department Port Angeles,WA 98362-3024 507 N.Nanum St.,Room 102 360-417-2415 Ellensburg,WA 98926-2898 509-962-7698 Clark County (see Southwest Washington Health District) Klickitat County (see Southwest Washington Health District) Columbia County Health District Environmental Health Division Lewis County Health Department 221 E.Washington Ave.,Suite 101PH Environmental Health Dayton,WA 99328-1317 350 N.Market Blvd. 509-382-3048 Chehalis,WA 98532-2626 360-740-1277 Cowlitz—Wahkiakum Health District Environmental Health Services Lincoln County Environmental Health PO Box 458 PO Box 105 Longview,WA 98632-0458 Davenport,WA 99122-0105 360-577-0289 509-725-2501 Douglas County Mason County Health Services (see Chelan—Douglas Health District) Environmental Health Section 426 W.Cedar Ferry County PO Box 1666 (see Northeast Tri-County Health District) Shelton,WA 98584-1666 360-427-9670 ext.553 Franklin County (see Benton—Franklin Health District) Northeast Tri-County Health District Environmental Health Garfield County Health Department 260 S.Oak Environmental Health Division PO Box 270 PO Box 130 Colville,WA 99114-0270 Pomeroy,WA 99347-0130 509-684-2262 509-843-3412 Okanogan County Health Department Grant County Health District Environmental Health Division PO Box 37 PO Box 231 Ephrata,WA 98823-0037 Okanogan,WA 98840-0231 509-754-2011 ext.397 509-422-7140 20 MINING REGULATIONS IN WASHINGTON 21 Pacific County Dept.of Community Development Spokane County Health District Environmental Health Division Environmental Health Division PO Box 68 1101 W.College Ave.,Suite 402 South Bend,WA 98586-0068 Spokane,WA 99201-2037 360-875-9356 509-324-1560 Pend Oreille County Stevens County (see Northeast Tri-County Health District) (see Northeast Tri-County Health District) Tacoma—Pierce County Health Department Thurston County Environmental Health Mailstop:EHD-015 Building 1 3629 S."D"St. 2000 Lakeridge Dr.SW Tacoma,WA 98408-6895 Olympia,WA 98502-6090 253-591-6047 360-786-5455 San Juan County Health Department Wahkiakum County PO Box 607 (see Cowlitz—Wahkiakum Health District) Friday Harbor,WA 98250-0607 360-378-4474 Walla Walla County—City Health Department Environmental Health Division Seattle—King County Department of Public Health 310 W.Poplar Environmental Health Division PO Box 1753 506 2nd Ave.,Room 201 Walla Walla,WA 99362-1753 Seattle,WA 98104-2336 509-527-3290 206-296-4722 Whatcom County Environmental Health Skagit County Health Department PO Box 935 Administration Building,Room 301 Bellingham,WA 98227-0935 700 S.2nd St. 360-676-6724 Mount Vernon,WA 98273-3864 360-336-9380 Whitman County Health Department Environmental Health Division Skamania County 310 N.Main St. (see Southwest Washington Health District) Colfax,WA 99111-1893 509-397-6282 Snohomish Health District Environmental Health Division Yakima County Health Department The Rucker Building Environmental Health Division 3020 Rucker Ave.,Suite 102 104 N. 1st St. Everett,WA 98201-3971 Yakima,WA 98901-2667 360-339-5250 509-575-4040 Southwest Washington Health District Environmental Health PO Box 1870 Vancouver,WA 98663-1870 360-695-9215 ' F Appendix G. Contacts for air-quality issues WESTERN WASHINGTON Department of Ecology Department of Ecology Eastern Regional Office Northwest Regional Office (Ferry,Stevens,Pend Oreille,Lincoln, Northw King,Regional San Juan, Adams,Whitman,Asotin,Garfield, Grant,and Columbia counties) Skagit,and Snohomish counties) 4601 N.Monroe,Suite 202 3190 160th Ave.SE Spokane,-456- 11 99205-1295 Bellevue,WA 98008-5452 509-456-3114 425-649-7100 Benton–Franklin Counties Clean Air Authority Puget Sound Air Pollution Control Agency 650 George Washington Way (King,Kitsap,Pierce,and Snohomish counties) Richland,WA 99352-4289 110 Union St.,Suite 500 Seattle,WA 98101-2012 Air Pollution Control Officer Air Pollution Control Officer 509-545-2354 206-343-8800 Grant County Clean Air Authority Everett-1-800-552-3565 PO Box 37 Northwest Air Pollution Authority Ephrata,WA 98823-0037 (Island,Skagit,and Whatcom counties) Air Pollution Control Officer 302 Pine St.,#207 509-754-2011 Mount Vernon,WA 98273-3852 Spokane County Air Pollution Control Officer Air Pollution Control Authority 360-428-1617 1101 W.College Ave.,Suite 403 1-800-622-4627 Spokane,WA 99201-2094 Olympic Air Pollution Control Authority Air Quality Control Officer (Clallam,Grays Harbor,Jefferson,Mason, 509-456-4727 Pacific,and Thurston counties) 909 Sleater Kinney Rd.SE,#1 Yakima County Clean Air Authority Lacey,WA 98503-1128 County Courthouse 128 N.2nd St. Air Pollution Control Officer Yakima,WA 98901-2631 360-438-8768 Air Pollution Control Officer Southwest Air Pollution Control Authority 509-575-4116 (Clark,Cowlitz,Lewis,Skamania,and Wahkiakum counties) FEDERAL 1308 NE 134th St. Vancouver,WA 98685-2747 Environmental Protection Agency Air Pollution Control Officer Region 10,Mail Stop:AT-082 360-574-3058 1200 6th Ave. 60-574-3058 Seattle,WA 98101-3188 206-553-1275 EASTERN WASHINGTON Environmental Protection Agency Department of Ecology Operations Office Central Regional Office c/o Department of Ecology (Benton,Chelan,Douglas,Kittitas, PO Box 47600 Klickitat,and Okanogan counties) Olympia,WA 98504-7600 106 S.6th Ave. 360-753-9437 Yakima,WA 98902-3387 509-575-2490 22 1 1 STATE OF WASHINGTON 2 COUNTY OF JEFFERSON 3 4 An ordinance designating and conserving, } 5 on an interim basis, mineral lands of } 6 long-term commercial significance, } Ordinance No. 09-0525-95 7 as required by Chapter 36.70.A RCW } 8 9 Section 1.00 Purpose: The intent of this ordinance is to designate and conserve mineral lands of 10 long-term commercial significance. Lands not designated as mineral lands of long-term 11 commercial significance are not required or encouraged to convert to other uses. Mineral 12 extraction and primary processing activities are encouraged wherever viable resources can be 13 extracted without promoting conflict with adjacent land uses or posing the threat of 14 environmental degradation. Specific purposes include: 15 16 1. To sustain and enhance mineral extraction and primary processing activities of 17 long-term commercial significance by protecting designated lands from 18 incompatible development. 19 20 2. To support the continued economic significance of mineral extraction and 21 processing in Jefferson County through designating those sites presently operating 22 under a Department of Natural Resources surface mining permit as long-term 23 commercially significant. 24 25 3. To alert potential purchasers as to the location of mineral resource lands, and the 26 nature of land uses and activities to be expected within such areas. 27 28 1.10 Findings: The Jefferson County Board of Commissioners enter the following findings: 29 30 1. The Washington State Legislature adopted the Growth Management Act, Engrossed 31 Substitute House Bill 2929, now codified as Chapter 36.70A RCW, which, in part, 32 requires local governments to classify, designate and regulate to conserve resource lands. 33 34 2. In accordance with RCW 36.70.A.050, the(then)Washington State Department of 35 Community Development established Minimum Guidelines to classify and designate 36 resource lands, codified as Chapter 365-190 WAC. 37 38 3. The Board of County Commissioners (BOCC) adopted an interim ordinance to conserve 39 mineral lands of long-term commercial significance (Ordinance No. 06-0705-94) on July 40 5, 1994. 41 42 4. On September 8 and 9 1994, the Western Washington Growth Management Hearings 43 Board received petitions for review of the interim mineral and forest land ordinance from 1 ;Vol. 21 FAGE 635 1 the Olympic Environmental Council, the Washington Environmental Council and the 2 Washington State Department of Natural Resources. 3 4 5. On October 28, 1994, the County adopted an emergency ordinance, Ordinance No. 16- 5 1028-94, which committed the County to adopting new interim mineral and forest land 6 ordinances by November 30, 1994 and reopened the public process for the submission of 7 comment on potential designation. 8 9 6. Following advertisement in the Port Townsend/Jefferson County Leader for the 10 submission of further information from interested parties, the County adopted an 11 emergency ordinance, Ordinance No. 17-1128-94, on November 28, 1994, which 12 extended the deadline for adoption of new interim mineral and forest land ordinances to 13 December 14, 1994. 14 15 7. In response to an identified need for an expanded analysis and public review process for 16 forest resource lands, the County adopted Ordinance No. 18-1212-94, an emergency 17 ordinance extending the timeline for completion of replacement interim resource land 18 ordinances to February 13, 1995. 19 20 8. On January 11, 1995, the Western Washington Growth Management Hearings Board held 21 a public hearing on the merits of the appeals filed by the Olympic Environmental Council, 22 the Washington Environmental Council, and the Washington State Department of Natural 23 Resources on the County's existing interim mineral and forest resource land ordinances. 24 25 9. On February 16, 1995, the Western Washington Growth Management Hearings Board 26 issued its final decision and order (Case No. 94-2-0017) on the appeals of the County's 27 interim mineral and forest resource land ordinances. 28 29 10. The Western Washington Growth Management Hearings Board found Ordinance No. 06- 30 0705-94 out of compliance with the Growth Management Act on the grounds that it did 31 not contain regulations addressing the presence of incompatible land uses on property 32 adjacent to designated mineral resource lands. 33 34 11. In addition to this specific finding of non-compliance, the Western Washington Growth 35 Management Hearings Board suggested that the County review the addendum to their 36 decision made in Case No. 93-2-0001,Whatcom Sand and Gravel Association v. 37 Whatcom County. 38 39 12 The Western Washington Growth Management Hearings Board directed the County to 40 adopt an ordinance that appropriately protects designated mineral lands through requiring 41 that within 60 days of February 16, 1995, the County adopt a development regulation that 42 assures that the use of lands adjacent to mineral lands not interfere with their continued 43 use. 2 voL 21 iacv636 1 13. Following review of written testimony received in November 1994, the addendum to the 2 Western Washington Growth Hearing Board decision in Whatcom Sand and Gravel 3 Association v. Whatcom County(Case No. 93-2-0001), and production of a draft Interim 4 Forest Resource Lands Ordinance, the County commenced writing a draft ordinance 5 intended to designate and conserve mineral resource lands of long-term commercial 6 significance. 7 8 14. Review of the structure of the draft interim forest lands ordinance suggested that it 9 provided the necessary framework for assisting in the conservation of potential mineral 10 extraction sites in Jefferson County due to the size of the parcels required for the practise 11 of long-term forestry and the high degree of overlap between lands devoted to timber 12 growing and land potentially containing commercial mineral deposits. 13 14 15. Mineral extraction and primary processing was, therefore, identified as a permitted use for 15 both Commercial and Rural forest land in subsection 8.10 of the interim forest 16 resource land ordinance. 17 18 16. The inclusion of mineral extraction and primary processing as a permitted use on 19 designated forest land therefore retains this land in Jefferson County's mineral resource 20 base, allowing the possibility of it's eventual exploitation, together, with necessary 21 protective measures. 22 23 17. The system for designating and conserving mineral land of long-term commercial 24 significance contained within this ordinance is the result of a detailed consideration of the 25 spirit and intent found in the language of the goals and requirements of the GMA. 26 27 18. The Board finds that the parties appealing the original ordinances and resolution agreed 28 to an extension of the 60 day compliance deadline set by the Western Washington Growth 29 Management Hearings Board to June 1, 1995. 30 31 19. The majority of available staff resources were devoted to producing a new interim forest 32 land ordinance that benefitted from a full public participation process, thereby limiting the 33 opportunity for a similar process to be followed in creating an ordinance that designates 34 and conserves mineral lands of long-term commercial significance while complying 35 with mandated deadlines. 36 37 20. Failure to adopt an ordinance that designates and conserves mineral lands of long-term 38 commercial significance will result in continued uncertainty for owners of these lands and 39 a fluctuating regulatory environment that has the potential to limit the options available to 40 the owners of non-designated lands for the legal use and enjoyment of their property. 41 42 21. Emergency adoption of this ordinance will remove this possibility of continued regulatory 43 uncertainty, thereby benefitting all owners of land in unincorporated Jefferson County, 3 ■01_ 21 Fac}637 1 together with residents of this County. 2 3 22. The Board of County Commissioners finds that emergency adoption of this ordinance will 4 lessen regulatory uncertainty by bringing the County into conformance with the 5 goals and requirements of the Growth Management Act, as identified in RCW 6 36.70A.170, RCW 36.70A.060, and RCW 36.70A.020. 7 8 23. The Board intends that this ordinance shall apply to all property within the unincorporated 9 areas of Jefferson County, to the extent permitted by law. 10 11 24. This ordinance allows for development to proceed in a manner consistent with the rights 12 of individuals to peacefully use and enjoy their property. 13 • 14 25. These regulations bear a substantial relationship to the public health, safety and welfare of 15 the County as a whole. 16 17 Section 2.00 Policies: It is the goal of Jefferson County to conserve and encourage existing and 18 future mineral extraction and primary processing activities on those lands that can be 19 economically and practically managed for such activities and protect these lands of long-term 20 commercial significance from encroachment and incompatible uses. These goals shall be 21 accomplished through the following policies: 22 23 1. It is the policy of Jefferson County to conserve the mineral extraction and primary 24 processing industries by identifying and designating those lands where the principle and 25 preferred use is mineral extraction and primary processing. 26 27 2. The primary land use activities in designated mineral lands shall be the extraction of 28 minerals and their primary processing. 29 30 3. To promote certainty and continuity in the management decisions of mineral land owners, 31 the County shall endeavor to adopt goals, policies and regulations for the conservation of 32 long-term commercially significant mineral land under the revised Comprehensive Plan, 33 that bear a substantial relationship to those contained within this ordinance. 34 35 4. The County discourages the establishment or expansion of special purpose taxing districts 36 and local improvement districts, or the imposition of rates, charges and fees which may 37 place a financial burden on commercial mineral land owners, with the exception of the 38 formation or expansion of fire district boundaries. 39 40 5. Land use activities adjacent to designated mineral land should be sited and designed to 41 minimize conflicts with mineral extraction and primary processing activities. 42 43 6. Special development standards for lot size and configuration and dwelling unit location 4 VOL 21 FAGS 638 1 should be adopted for development adjacent to mineral land. 2 3 7. Mineral extraction and primary processing activities performed in accordance with county, 4 state and federal laws should not be subject to legal action as public nuisances. 5 6 8. Notification should be placed on all plats, binding site plans, or building permits that the adjacent land is in resource use and subject to a variety of activities that may not be 8 compatible with residential development. The notice shall state that mineral extraction and 9 primary processing activities performed in accordance with county, state and federal laws 10 are not subject to legal action as public nuisances. 11 12 9. The County shall support those land uses adjacent to designated mineral lands of long- 13 term commercial significance that minimize conflict with mineral extraction and primary 14 processing activities. 15 16 Section 3.00 Definitions 17 18 3.10 "Mineral Resource Lands": means any land primarily devoted to the extraction of minerals or 19 lands that have a known or potential long-term commercial significance for the extraction of 20 minerals. 21 22 3.20 "Minerals": for the purpose of this Ordinance, minerals shall include gravel, sand, rock, other 23 aggregates, and valuable metallic substances. 24 25 3.10 "Parcel": A legally created lot, parcel, or tract of real property in which the boundary is 26 defined by a deed recorded in the Jefferson County Auditor's Office; or, a legally created lot, 27 parcel, or tract of real property that has been defined by a survey recorded pursuant to 28 Washington State surveying or platting laws. 29 30 3.40 "Primary Processing Activities": means activities involved in the initial extraction of a 31 mineral resource from the earth. Primary processing activities include, but are not limited to, 32 material washing and sorting, crushing, and preparation of the material for transport. 33 34 3.50 "Secondary Processing Activities": means intensive modification or alteration through 35 mechanical, chemical or other means to a mineral resource after its removal from the earth. 36 Secondary processing activities include, but are not limited to, asphalt batch plants, facilities 37 which chemically extract metallic minerals, and facilities which extensively process non-metallic 38 mineral materials. 39 40 Section 4.00 Designation of Interim Mineral Lands of Long-Term Commercial 41 Significance: Any parcel that meets both the following criteria is hereby designated as interim 42 commercial mineral land of long term commercial significance: 43 5 _VOL 21 FAt E 639 1 1. Is currently operating under a surface mining permit issued by the Washington State 2 Department of Natural Resources; 3 4 2. No part of the parcel lies within one half(1/2) mile of an Interim Urban Growth Area 5 Boundary. 6 7 8 Section 5.00 Maps: Parcels designated as mineral land of long-term commercial significance shall 9 be identified on maps prepared by the county using the following sources: 10 11 1. Jefferson County Assessors Office parcel maps 12 13 2. Jefferson County Department of Public Works records 14 15 3. Jefferson County Integrated Data Management System, GIS Data Bases for Public Service 16 Providers 17 18 19 Section 6.00 Amendment of Designation: 20 21 Section 6.10 Effective Period: Jefferson County shall allow the submission of petitions for the 22 amendment of mineral land designations made by this ordinance from the date the ordinance 23 becomes effective to the time it is replaced by a permanent control. 24 25 6.10.1 Forms: With the exception of any required professional reports, petitions for the 26 amendment of mineral resource land designations made under this ordinance must be made 27 on forms provided by the County and shall be reviewed for completeness prior to formal 28 acceptance. 29 30 6.10.2 Fees: With the exception of costs incurred for publishing any legal notices in the 31 newspaper of record, no fees shall be charged by the County for processing any petitions 32 made under this ordinance section. The petitioner shall, however, be liable for the payment 33 of any consultants they have retained to prepare materials for their petition. 34 35 Section 6.20 Petition for Removal from Designation: When mineral extraction activity ceases 36 upon a designated parcel and the mining site is closed in accordance with the requirements of the 37 Surface Mining Reclamation Act, RCW 78.44, the owner of the property may formally petition 38 the County for removal of the mineral land designation. 39 40 6.20.1 Process: 41 42 1. The petition shall be accompanied by official written confirmation that the mineral 43 extraction site on the parcel has been closed in accordance with the requirements 44 of the Surface Mining Reclamation Act. 6 .Vol. 21 FMGE640 1 2. The petition must be submitted to the Director of the Jefferson County Permit 2 Center who shall review the completed application and within 30 days issue an 3 administrative determination as to whether the requirements of subsection 6.20 of 4 this ordinance have been met. 5 6 3. Within seven(7)working days of this administrative determination being made, the 7 County shall publish a legal notice of the decision in the newspaper of record. 8 This notice shall briefly describe the petition, the location of the parcel,the 9 Director's decision and information on appeal of the decision. 10 11 • 4. The administrative decision made by the Permit Center Director may be appealed 12 by the property owner or the owners of parcels that are immediately adjacent to 13 the subject property. Such an appeal shall be made to the Board of County 14 Commissioners within ten(10)working days of the date of notice publication. 15 Such appeal shall be accompanied by a filing fee of$110.00,together with a 16 statement of fact identifying the specific area(s) of disagreement with the Permit 17 Center Directors decision. This statement shall be signed by the appellant or their 18 legally authorized representative. 19 20 5. The Board of County Commissioners shall hold a public hearing to receive 21 testimony on the appeal of the Permit Center Directors decision and shall, based 22 upon testimony received from the appellant, the property owner(where different), 23 staff,and other interested parties, formulate a decision on the success or failure of 24 the appeal. 25 26 6. Should the appeal of the Permit Center Directors decision be upheld, the $110.00 27 filing fee shall be returned to the appellant. 28 29 6.20.2 Designation Status Following Successful Application: 30 31 Where the petition for removal from the mineral resource land designation is successful, 32 the subject property shall revert to the land use and zoning designations that were in effect 33 prior to it being designated mineral resource land. Where the precise designation no longer 34 exists due to changes in County plans and regulations, the property shall be placed in the 35 land use designation that most closely corresponds with the former designation. 36 37 6.30 Petition for Designation as Mineral Resource Land: The owner of a parcel that meets all the 38 following criteria may petition the County for inclusion within the mineral resource land 39 designation established by this ordinance. 40 41 1. No part of the parcel lies within one half(1/2)mile of an Interim Urban Growth 42 Area Boundary. 43 7 VOL 21 FAGG 641 1 2. The parcel is a minimum of ten(10) acres in size. 2 3 3. The subject property is surrounded by parcels no smaller than five (5) acres in size 4 on 100% of its perimeter. 5 6 4. The parcel possesses a high potential for the presence of mineral deposits as 7 determined by any of the following sources; 8 9 a. Department of Natural Resources, Division of Geology and Earth Resources: 10 Bulletin 37: Inventory of Washington Minerals and subsequent updates, 11 12 b. U.S. Soil Conservation Service: Soil Survey of Jefferson County 13 14 c. The written report of a qualified geologist retained by the property owner. 15 16 6.30.1 Adjacent Property Owners: All petitions for designation as mineral resource land 17 shall be accompanied by a listing of all owners of real property where such property lies 18 within one quarter(1/4) mile of the proposed mineral resource land. 19 20 6.30.2 Process: Petitions for designation as mineral land of long-term commercial 21 significance shall be reviewed by the County using the following process: 22 23 1. At least ten days prior to the Hearing Examiner reviewing a petition to amend 24 designation, a legal notice describing the petition, together with the date, time, 25 and location of the hearing shall be published in the County newspaper of 26 record. A Copy of this notice shall also be mailed to all owners of real property 27 that lies within one quarter(1/4) mile of the proposed mineral resource land. 28 29 2. The Hearing Examiner shall hold a public hearing on a petition to amend 30 designation and shall review the petition using the criteria identified in 31 subsection 6.30 of this ordinance. 32 33 3. The Hearing Examiner is hereby assigned the functions, powers and duties 34 incident to holding hearings and making recommendations to the Board on the 35 approval or disapproval of petitions to amend designations made under this 36 ordinance. 37 38 4. The Board of County Commissioners shall review recommendations on 39 petitions to amend designation made by the Hearing Examiner and approve or 40 disapprove the recommendation. 41 42 5. Where the Board disagrees with the recommendation forwarded by the Hearing 43 Examiner, it may hold a hearing and formulate findings and conclusions using 44 the processes identified in subsections 6.30.2.1 and 6.30.2.2. 8 VOL 21 642 1 2 Section 7.00 Development Regulations: 3 4 1. Land designated as mineral ded to a long-term arc size of lessal thanTtenc(10) acres.s 5 ordinance shall not be parcel 7 2. Land designated as mineral land of long-term commercial significance by this 8 ordinance shall not be developed to a residential density of greater than 1 (one) dwelling 9 unit per parcel. 10 11 12 Section 8.00 Uses 13 14 8.10 Permitted:. 15 16 1. The extraction and primary processing of mineral resources. 17 18 2. Agriculture; floriculture; horticulture; general farming; dairy;the raising, 19 feeding, and sale or production of poultry, livestock, fur-bearing animals, or 20 honeybees; Christmas trees; nursery stock and floral vegetation; and other 21 agricultural facilities and structures accessory to farming and animal husbandry. 22 23 3. Storage of explosives and fuels used for mineral extraction and primary processing 24 subject to all applicable local, state and federal regulations. 25 26 4. Utility and transmission facilities within existing right-of-ways. 27 28 5. Single family detached dwellings and mobile/manufactured homes and accessory 29 residential uses. 30 31 8.20 Conditional Uses: The following uses shall be allowed only after obtaining a 32 conditional use permit. In the design and operation of a development or use authorized by 33 a conditional use permit in designated mineral lands, the major emphasis is to be placed on 34 protecting the ability of the mineral land owner to conduct mineral extraction and primary 35 processing activities. 36 37 1. Secondary mineral processing activities. 38 39 2. Correctional facilities; sanitary landfills; recycling facilities; incineration facilities; 40 inert waste; and demolition waste disposal sites. 41 42 3. Public and semi-public buildings, structures, and uses including but not limited to 43 fire stations, utility substations, pump stations, wells, and transmission lines. 9 voL 21 Fare 643 1 8.30 Setbacks: Upon the date this ordinance becomes effective, the standard setback for 2 a dwelling unit constructed hundred parcel 100 that et from th ee legal property lineaThis �setback 3 mineral land shall be one ( ) 4 requirement shall be strictly adhered to with the following exception: 5 6 1. Where a parcel lying immediately adjacent to designated mineral land has been 7 created prior to adoption of this ordinance, the residential setback may be reduced 8 when a written waiver is obtained from the owner of the designated mineral land. 9 If a waiver is granted, the final residential setback shall not be less than that 10 provided by the underlying zoning setback. 11 12 13 Section 9.00 Plat Notation: Jefferson County requires that all plats, short plats, development 14 permits and building permits issued for development activities on, or within three hundred feet of 15 land designated as mineral land of long-term commercial significance, shall contain a notice that 16 the subject property is within or near designated long-term commercial mineral lands on which a 17 variety of commercial activities may occur that are not compatible with residential development. 18 These activities include blasting, drilling, rock crushing and vehicle movements, which can 19 generate dust, smoke, noise and odor. The notice shall also state that mining activities performed 20 in accordance with county, state and federal laws are not subject to legal action as public 21 nuisances. 22 23 24 Section 10.00 Expiration: The provisions of this ordinance shall cease to be effective upon 25 adoption and implementation by the County of a final designation system, and associated 26 development regulations for resource lands, as required by RCW 36.70A. 27 28 29 Section 11.00 Severability: If any section, subsection, or other portion of this ordinance is for 30 any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, 31 subsection or portion shall be deemed a separate portion of this ordinance and such holding shall 32 not affect the validity of the remaining portions of this ordinance. 33 34 35 Section 12.00 Effective Date: This ordinance shall not become effective until ten(10) days 36 following the date of adoption set forth in Section 13.00 below. 37 38 39 40 41 42 43 10 ;VOL 21 mcc_644 1 Section 13.00 Adoption: Adopted by the Jefferson County Board of Commissioners this 25th 2 day of May, 1995. 3 4 5 Seal JEFFERSON COUNTY BOARD 6 • OF COUNTY COMMISSIONERS 8 • 11 • .* sue"' - ' ; Glen Huntingford, Chai • r. 12 \ it .•, • 13 15 ` " 16 p R,._R"R•+,n, Member 17 ATTEST: _�. / LiaiS 18 Lorna Dic=*ey, Clerk •f the Board 19 —..�11", 4 20 �L� i �►'!�'�lrf� . 21 : - • d Wojt, Member 22 APPROVED AS TO FORM: 23 (/*-- 25 141 -6-1 26 David Skeen, Jefferson County Z 27 Prosecutor 11 .VO• 21 i,A 645 RANGE 2 WEST I RANGE 1 WEST I RANGE 1 EAST Z �' ADOPTED: `n i996 IF � . Q AWED.. _:'.`' m' 'a ►, EFFECTIVE: 7 me ,�� •: APPRO D and CERTIFIED '`��_� r4.7,;„--, •.4, i:., !"i a I a. ' ' rJ C "rL. �h—� E"'�� . . this . day of o . NAVALKILW�� m A ' ° x o 1EL i t II 19 �5 i:111= . �I 'r 1 SIGNED, F h� ki. 11 `�� IEi! ALIA /1- /7 ©©, ,iD '� ,,\� 5 GLEN HUNTINGF•, D jiir-t� 'I'�' Chair of the Board 111111111111r iimill,ikIILL� �� .. z lir, INTION `� 111111IntadISINNIELIK Mem = the Board to crivanonriem I® ® ARD WOJT 91:1 '1-.'' • 3 Member of the Board a 111•111111101011111E107 Mk ATTEST, 1 � ad(::, ll '.akYBoard " CV • i qUICEN 30 011111112111EICIDATilkv . ! `r rinenromminismac --... , (i) _ ila 10 ID a 1111111,1112111111101!) SCALE: 1" = 12500' ...., r. IrP7rv - 'Fr Eltl am 7,, z orir ruu i Jilt ipar. F ,_' ®a ..,. Surface Mining Permits -- Permitted Acreage �a+I t _ air • Less than Five (<5) Acres s II t0 10113kijillf • Five (5) to Ten (10) Acres 18 17 111111160**1 te 4IFJP" • Ten (10) to Forty (40) Acres a 0 NW/ 4. N co JEFFERSON COUNTY PLANNING DEPARTMENT Long-Range Planning and Growth Management Jefferson County Courthouse P.O. Box 1220 Port Townsend, WA 98368 I e� (360) 385-9123 FAX: (360) 385-9357 1-800-831-2678 Board of County Commissioners Jefferson County Courthouse June 26, 1995 Testimony on the Interim Agricultural and Mineral Land Ordinances Honorable Commissioners, .. y We would like to thank you for the opportunity provided the Jefferson County Planning Department to submit the following formal testimony on the Interim Agricultural and Mineral Land Ordinances. AGRICULTURAL RESOURCE LANDS Following emergency adoption of the present Agricultural Lands Ordinance, representatives of the Jefferson County Planning Department have met with Jefferson County farmers on two occasions to gather additional information on the designation of agricultural lands. The results of these meetings, which were organized by the Jefferson County Conservation District, have been used by planning staff to develop the following changes we recommend to the present ordinance. We join with the farmers in believing that these changes will result in a fuller conservation of agricultural land through avoiding the division of ownerships into designated and undesignated land that is found in the present ordinance. ► It was recommended at the June 7, 1995 meeting of the Jefferson County Conservation District that the BOCC consider deleting some language from Section 1.00, Purpose, so the final sentence would read as follows: On the contrary, agriculture is encouraged on all lands where it can be practiced without degradation. The Planning Department supports this change. ► Purpose#2 (subsection 1.2) should be amended to refer to the designation of farmland that consists of parcels smaller than 20 acres in size but is in a single ownership that totals more than 20 acres. 1 ► The language addressing parcel size in Section 4.0 of the Ordinance(Designation) should also be amended to allow for the designation of parcels smaller than 20 acres that are in a single ownership totalling more than 20 acres. ► The BOCC may wish to consider deleting or modifying the designation criterion that requires a designated parcel be surrounded by parcels of at least 3 acres in size on 75%of its perimeter. Dropping or modifying this criterion would be consistent with the approach of designating land on the basis of use and ownership. ► The BOCC may also wish to consider changing the system currently used for identifying agricultural land of long-term commercial significance from Class I, Class II and Class III to Class A, Class B and Class C. This change was suggested at the Conservation District _ _ meeting of June 7th as a way to avoid confusion with other categorization systems. ► It was also suggested at the June 7th meeting that the Board of Commissioners consider expanding the'Right to Practise'provisions of Section 9.00 through creating a new section where the language addresses general county policy rather than specifying what will be put • on the face of a plat or other development application. ► The Planning Department would also like to recommend that for the Comprehensive Plan, a Jefferson County Agricultural Zone be defined. This zone should extend down the West Valley Road as far as Center then swing(approximately)south and east to the Beaver Valley Road, returning to the point of origin in Chimacum. This approach could be refined through the County producing and adopting an Action Plan for Agricultural Lands. Such a plan could be produced with the farmers and Conservation District and include policy provisions that directly address the needs of County farmers. Shellfish Planning staff are currently working on a set of draft policy recommendations on the subject of properly designating and protecting shellfish growing and harvesting areas. We anticipate that these recommendations will be finalized in the near future and forwarded to the BOCC for review and direction for inclusion in the Comprehensive Plan. MINERAL RESOURCE LANDS ► The Board of Commissioners could consider expanding the'Right to Practise' provisions contained in Section 9.00 of this ordinance by creating a new section which uses the language of Section 9.00 to make a general statement about County support for mineral extraction. 2 • /. v WASHINGTON STATE DEPARTMENTOF JENNIFER M.BELCHER Natural Resources Commissioner of Public Lands KALEEN COTTINGHAM Supervisor June 22, 1995 • Jefferson County Board of Commissioners Jefferson County Courthouse P.O. Box 1220 ,Port Townsend, WA 98368 Dear Commissioners: Thank you for the opportunity to comment on Jefferson County's proposed ordinance to designate and regulate mineral lands of long term commercial significance (#09-0525-95) . We believe your addition of a 100 foot building setback from designated mineral resource lands and the notification requirements to landowners adjacent to mineral resource lands furthers the ability of the County to conserve these valuable resources. These additions help to address DNR's concern that lands adjacent to mineral lands not interfere with the continued use and development of these designated mineral resources. We would, however, ask you to continue to work on the issue of determining whether the mineral resources designated and protected by this ordinance will be sufficient to fill the needs of Jefferson County in the future. We wish to continue to work with you to answer this question. Thanks for considering these comments. I look forward to providing assistance and input as you work towards adopting this ordinance and completing the update of the County Comprehensive plan. Sincerely; 17770,AAAJIAILC6 Martha Hurd Growth Management Program Manager, Olympic Region For: Bruce Cluff Regional Manager Olympic Region cc Rich Hsu Mike Cronin Don Miller Bill Lewis Jerry Probst, Olympia OLYMPIC REGION 1 411 TILLICUM LN I FORKS WA 98331-9797 I FAX:(206)374-5446 I TEL:(206)374-6131 0,a Equal Opportunity/Affirmative Action Employer RECYCLED PAPER% ti 1. Repealed &Replaced by Ordinance 11 1218 00 l Question: • What were the Jefferson County regulations governing mining activities prior to the adoption of the UDC? Discussion: Prior to the UDC, a number of interim controls were in place and renewed every 6 months. Going backwards in time,they were called the ICO-Interim Control Ordinance, and the EICO—Emergency Interim Control Ordinance which was placed into 1 effect to implement the Comprehensive Plan on August 28, 1998. Prior to the EICO was the IGSO—Interim Growth Strategy Ordinance having been placed into effect on February 14, 1996 in order to implement a strategy for incorporating GMA rural development standards within the County. These interim controls built upon code provisions from the 1994 zoning code. As a side note,the first zoning code for Jefferson County was the 1989 Development Code. This was later found by the Clallam County Superior Court to be"null, void,and without any effect"and subsequently replaced by the Interim Zoning Ordinance in 1992. The 1992 zoning code was replaced by the 1994 Zoning Code. Answer: Mining was regulated by the 1989, 1992 and the 1994 zoning codes. Typically,mining was considered an industrial use and required a special or conditional use permit for new sites that did not have a non-conforming right(grandfathered). In 1995 the County adopted an interim mineral lands ordinance which included the process for designating mineral lands for long term commercial significance under the GMA and outlined permitted and conditional uses for extraction and processing. These standards remained in effect until the adoption of the UDC in December of 2000. The interim mineral lands ordinance should be read in conjunction with other codes in effect at that time which included the zoning, SEPA, critical areas and storm water regulations. The UDC, also called the JCC outlines the process to amend the comprehensive plan for new mineral land designations. Additionally the JCC regulates uses for mining under the use table(18.15.040),performance and use standards(18.20.240),non-conforming uses (18.20.260), critical areas (18.22), shoreline management(18.25.370), stormwater (18.30.070), mining standards in critical aquifer recharge(18.30.170, noise(18.30.190), permit procedures and SEPA(18.40). Prepared for Mike Whittaker by Al Scalf on June 18,2008.,• 2008 UDC Amendments MLA 07-00102: Hood Canal Coalition Prohibit mining related activity on RR 1:5 Eck • (0'ruM (960(f)A Comp. plan: '' 7o4 . 151 - Pg. 4-6, third bullet point - Pg. 4-6, 5th paragraph (emphasizes MRLOs on forest land and mentions incompatable dev.) - Pg. 4-7 (says mining is short term and land will return to former use) - Pg. 4-7 (talks about compatibility with neighboring land uses) - NRP 1.1, pg. 4-31 - NRP 2.1, pg. 4-32...adjacent properties - NRP 6.1, pg. 4-34...distance from populated areas - NRP 6.3, pg. 4-34...on forest lands - NRP 6.4, pg. 4-34...minimize conflicts with adjacent land owners - Table 4-3, pg. 4-35 - NRP 7.2 - Pg. 4-42, #s 6 & 7 UDC: 8'45,°jib - 18.15.095(1)...right to farm/forestry to all but RR 1:5 - 18.15.140...does this mean this app. Has to be comp plan amendment? - 18.15.170(2)...says MRLOs have to be minimum of 10 acres - 18.15.175 ter of,‘ - 18.20.240(1)...section to be revised - 18.20.240(2g)...language on expansion of pits \Ass a 00 Questions: , � `r'�B, 1. Are there any MRLOs in RR1:5? Yes, four are on RR 1:5 (how does this comply with 18.15.170(2)? Only one, Hard Rock Inc. quarry in nw corner of east county, is actually on a parcel less than 10 acres, but Hard Rock owns adjacent parcels. Could we say mining related activity has to be on at least ten acre parcels regardless of zoning? Should we rezone MRLOs on RR1:5 so that they are at least RR 1:10? 2. What is reasoning for forestry not practiced in RR 1:5 and does the same apply to MRLOs? 3. How does diminishing assets come into play? 4. Does 18.15.140 mean the application has to be a comp plan amendment? MLA08-00100: Michael Whitaker )Z4r 3� 200 ft. buffer around perimeter of MRLOs �� gC Comp plan: �''j� 1. - LNP 13.4 pg. 3-59 - LNG 21.0 pg. 3-63 - LNP 22.2 Pg. 4-6 paragraph 5 - NRP 1.2, 1.3, and 1.4 pg. 4-31 - NRP 7.3 pg. 4-37 - Pg. 4-41 & 4-42 #1 and#3 - NRP 2.1 pg. 4-31 (suggests buffer is appropriate) - NRP 6.4 pg. 4-34 (minimize conflict by buffering mine site) UDC: If.t 5. qb - 18.15.095 (4) (buffer on adjacent land) r - 18.15.100 `NyJ - 18.15.150 (3) (set backs of adjacent land) zy 18.15.180 (500 ft. disclosure statement) h ar4 K1n, - 18.20.240 (2c) (mentions buffers in BMPs)—where are these BMPs? ,5 i (tr ,h Questions: 18 ,f-C 1. Should the buffer be on the MRLO land or the adjacent property or both? r `gi ,h'� 2. Are protection of adjacent properties already addressed in BMPs and/or e %s� r "e mitigation conditions? II- i4"Z' )7 't iyar�.` MLA08-00106: Bill Miller Allow sawmills as conditional use (C(a)) on RR 1:10 and RR 1:20 �'vs`� iR 2 UDC: I.?.i5,eyo vsC k�bl� c� ,,o 10) S - 18.15.095(1) ��r; ; 1 - 18.15.095(3)...lumber mills not nuisance on RR1:10 or RR1:20 tl) 18.15.095(4b) - 18.20.230 , x` Q Questions: 1. Should there be size restrictions (no. of employees)to distinguish between mill on commercial land vs. home based mill on rural residential? v.st, pot vi wit ,? 0 eirik a,, t+ JEFFERSON COUNTY Department of Community Deveropment nt..a«.w.'coi.m5o;1=v<omm prnene S UDC III 1iil ill , MLA 08-00106: Bill Miller Allow sawmills as a conditional use (C(a)) in RR 1:20 and RR 1:10 .Jeff rtipr e si Plitt': . Chapter 3. Land Use and Rural Pg. 3-2;3-21 (narrative) Table 3_2, pg. 3-5 LNP 3.3, 6.1, 6.2, 22.1 LNG 12.0, 18.0 1 Color). Plan C:hl)t. 3 l ey l)c1i : N 7 ,e. uts c e ■ Foster traditional rural lifestyles, rural based Q.��' d Pn.°ti/— economies, and opportunities to both live and work in rural areas(pg. 3-2'LNG 18 0). ear w'�G • RR 120 includes private timberlands and lands e 1-)) e ref:,7t adjacent to forest resource lands(Table 3-2,pg 3 5; LNP 3.3). I aT ■ Forest Resource-Based Industrial Zones(RBIZ) (1 incorporate active sawmills and related activities (pg.3-21, LNG 12.0). '+nm . Plan Cltl t:3 ts. cont.: fl o rA. /AA) Lase t_ • Home-based businesses, cottage 6 (;4-ity,��,r? i"``Li-s" ; S 7 industries, and resource based uses are �7 permitted to provide economic and employment opportunities(LNP 6.1, 6.2, & 22.1). jeffto. Comprehensive ensive I[t ■ Chapter 4: Natural Resources NRP 1.5, 1.8 NRG 5.0 2 Coma. Plan Ch pt. 4 Kev Points: • Support resource-based economic activity(NRP 1.5). • Locate resource-based economic activities throughout rural areas in close proximity'to lands upon which they are dependent(NRP 1.8). • Encourage the continuation of forestry on lands which are not designated as commercial forest resource lands(NRG 5.0). JcffCo. Comprehensive Plan: • Chapter 7: Economic Development EDP 62, 6,6 Comp. Plan Cliitt. 7 Key Points: • Encourage the establishment of new sustainable natural resource-based activities in rural areas to increase employment opportunities (EDP 6,2). • Encourage those businesses that produce value-added products (EDP 6.6). 3 1 . <IC7C" Title l . 18.15.040 . 18,15095 • 18.20!230 • IUCl-t Y t7` `C.. �ucc he.�. C�i^��f/ <Ic Teas l Key p01111S; /11441e 1 ii- ,4 `le.r''s rropc)-e 18;1*.04CI ®.—— t.:I ci P. X44 ( •/l d.,; l Q2' fob a '' - : mm o©oo ©m��mmo©oo©mmmm�.®©0000mmmmmmm® `S 3 J/Xe ' e 5�_■mommmmmmmmv©m.mmmmm ©o©®©61©®mmum...____ 1160161111111311MIE© JC Title 18 Kea points cont.:t.: sod°e..-0./,- (12, I:10 18,15,095 U` j``� �`C C7 r K/ 1, S • Right to farm and forestry on all resource and rural land use districts except rural AAA, i ESQ r o i � 2 G� caG� residential 1.5 j //i� 1i Lumber mills and other facilities conducted OR et 1,/0 gic_ /� Lo for commercial forestry purposes on RR �`� 1:10 and RR 1:20...shall not be considered a nuisance 4 J('(' Title 18 Key Poins cn ., 13 20 230 . Lumber mills shall operate between 7am- 7pm and shall not unreasonably impact adjoining property, Questions? Public hearings\\ill he scheduled for the( unip. Plan/I rf)C"\mcr dnlents in the near future. 5 •)/f Zt-d-■ "04.,uti • / 4 . s A s�% vb c- ,,, `" JEFFERSON COUNTY Department of Community Development UDC Amendments /kik,. ✓"Ili MLA08 00100: Michael Whittaker ` .C)s be cjaL-es Se) Require a 200 ft. buffer around the perimeter of MRLOs MLR07-00102: Hood Canal Coalition/M. Gendler Prohibit mining related activity on RR 1:5 outside of MRLOs Definitions: • "Mineral extraction"means the removal of naturaHy occurring materials from the earth for economic use Extraction materials include nonmetallic minerals such as and gravel,clay,coal,and various types of stone(JCC 18.10.130). • "Mineral processing"means activities accessory to mineral extraction that include material washing,sorting crushing or more intensive modification or alteration through mechanical or chemical means to a mineral resource after it has been removed from the earth.This does not include asphalt or concrete batch plants(JCC 18.10-130) • 'Operations':all mine-releted activities,exclusive of reclamation. including the extraction processing,and transporting of minerals (ROW 78.44-031). 1 Growth Management Act (GMA): • 36 7CA 050 • 36 70A 060 • 3670A 131 • 36 70A 170 GMA Key Points: Cfl Liz S 0.4%t/Vki 7 - L Ain • Classify, designate &conserve mineral resource lands (36 70A 050, 36 70A 060; 61(41' 3/v. P-s 36 70A 131, 36 70A 170) • Assure that adjacent lands do not interfere with continued use of mineral lands in accordance with BMPs(36 70A 060). GMA Key Points cont.: • Notice adjacent land owners that residential development may not be compatible with mining related activities (36 70A 060) • Protect critical areas(36 70A 060) 2 Surface Mining Act (RCW 78.44): • Surface mining is an essential activity that cannot occur without producing some environmental impacts. Regulation and reclamation is necessary to prevent or mitigate for impacts. Balance between environmental regulation and the production and conservation of minerals is in the best interests of the citizens(ROW 78.44,010). Surface Mining Act cont.: e cZu,�eLG • Counties have land use and operation 4`")( �1 ; - � c regulatory authority (RCW 78.44.011). 7^ C yr ✓ ( v��. Us 4� is • State has exclusive authority to regulate surface mine reclamation (RCW 78.44.050). • Act details reclamation process and regulations, MLAO8-93 Iron Mountain Quarry ///oP e � Mineral Resource Land Overlay(MRLO) ( ) J, "�� Comprehensive Plan Amendment v� °� t cJ1 Gll ,°{ • SI r¢r95 GMA / l! �a/�/�,� 36.70A.050 Guidelines to classify resources ��" v �v `� �` /� !f "" Q'�" -""^�""� 36.70A.131 Mineral Resource Lands review / v MLA required on new mining over 10 acres 3 Jefferson County Code interpretation Office of the Jefferson County Hearing Examiner concluded Diminishing Assets Doctrine (University Place v.McGuire) • Conforming use under CF'zoning • Nonconforming use—a vested property right Doctrine of Diminishing Assets extends the boundaries of nonconforming mining use to the entire parcel intended to be mined at the time the zoning ordinance was promulgated. JeffCo. Comprehensive Plan: l- 03t fG�c_as a nra Ls • Chapter 3: Land Use and Rural —LNP 13.4 —LNG 21.0 —LNG 22.0 —LNP 22.2 e Comp. Plan Chpt. 3 Key Points: • Ensure that adjacent land uses minimize conflicts and/or avoid interference with resource management activities (LNP 13.4; LNG 21.0; LNP 22.2). • Conserve mineral resource lands(LNG 22.0). 4 Jeff Co. Comprehensive Plan: Chapter 4: Natural Resources —Pgs.4-6;4-7;4-41,and 4-42(narratives) —NRPs 11 -14, 21,61 63,64 72, 73 —Table 4-3 pg.4-35 Comp. Plan Chpt. 4 Key Points: • Criteria for classifying and designating future mineral resource lands (pg. 4-6; NRP 1.1 &6.1; Table 4-3 pg. 4-35). - Protect mineral resource lands from encroachment of incompatible development(pgs. 4-6; 4-41). Comp. Plan Chpt. 4 Key Pts. cont.: • Notice adjacent land owners of potential mining activity to minimize conflict(pg. 4- 42; NRP 1 3& 1,4). • Identify enough mineral resource lands to meet 50-year projected demand within the county(pg 4-6). 5 Comp. Plan Chpt. 4 Key Pts. cont.: • Land under consideration for future mineral extraction must be evaluated for a number of issues, including compatibility with neighboring land uses(pgs.4-6&4-7; NRP 7.2). - Condition mining operations to mitigate impacts on adjoining properties without rendering operations economically unfeasible(NRG 2.1; NRP 7.3). Comp. Plan Chpt. 4 Key Pts. cont.: • Ensure that adjacent land uses minimize conflicts and/or avoid interference with resource management activities (NRP 1.2 & 1.4). • Minimize conflicts with adjacent land uses by zoning and regulations on mineral lands(NRP 2.1, 6.3, &6.4). JCC Title 18: • 18.15.040 • 18.15.095 • 18.15.100 • 18.15.140 • 18.15.150 • 18.15.170 • 18.15.175 • 18.15.180 1$.20.240 6 in i �� S c�L1e Lofts e'i, e� �� °fin ' 4 JCC Title 18 Key Points: Sio accinisaao /p, 1 e1° _.,==._==.11111==MM===1=111112! 4-41, ‘' , ►'Ue NCB r -triccu( 42x . , Miliiii1=1141111111111111111111111111111 MEMEE11111111111EllilliN1111111111111111111 igliallgilin11111111111111111111111 glEIM1111111111111111111111111111111 ,'11 `''oq 11-04eA— o,., eac . s4-de (i9,'S;005 JCC Title 18 Key Points cont.: C-° �9 s ��• 1 P 18.15.095 it 2xc X 01 6�-� �C [ .� c ,1� ,ny 3l • Right to farm and forestry on all resource and rural land use districts except rural residential Ylo jN G L mss.` c ��2e✓&f ( (1 u{�S ,fi S r � 1:5 • Any lands within 500 ft. of farm,forestry,or mineral lands must be noticed at time of land division or permitting that the county will not entertain nuisance claims on rural land use districts except RR 1.5 JCC Title 18 Key Points cont.: 18 15.100 • Use of lands adjacent to resource lands shall be conditioned so as to ensure that the land use does not interfere with the continued resource use in accordance with BMPs. 7 JCC Title 18 Key Points cont.: -1 1( tud v-0 )-4,'s 2ee-avcst A' u- 18.15.140 ( ,.r)t ai-e- .fi czti-e) ©2. • Procedures and process for a site-specific Z designation or removal from designation of agricultural and forestry resource lands shall be the same as for a comp. plan amendment. JCC Title 18 Key Points cont.: 14L41 '"'``GiAt>"cd die," 18.15.150 u7jl. • New structures on land adjacent to forest land shall be set back a minimum of 250 feet from commercial forest land and 100 feet from rural forest land or, if this is not possible,then the maximum set back possible...unless an administrative reduction is allowed. JCC Title 18 Key Points cont.: , h7 itiRCo s . °u '��� �1�,+ ] s' h fmJ O �nP .ms 'G riU^ '- S e 04-)-0 t1. 18.15.170 ii • Mineral resource land overlay districts may , -tc de, Z.°67 ",� by ; ■ _ JCC Title 18 Key Points cont.: Mk 1-41 1 Ad d'ev? u) ` Zo 18.15.175 1CAS • o ley 10.9-pi s S f' ® All uses within mineral resource lands must comply with applicable performance standards in Chapter 18.20 JCC and development standards in Chapter 18.30 JCC. 5c JCC Title 18 Key Points cont.: �s c- ' l cS '�/• %s 18.15.180 il1D T-c 1 ) it- t2o /m en,- /-1C/.4.,..5-s • Mineral resource activity will not be considered a ) �� nuisance except between 7pm—7am and on exc 1� ,p� `-„) weekends. • Any lands within 500 ft of mineral lands must be noticed at time of land division or permitting that the county will not entertain nuisance claims on rural land use districts so long as activity is legal and in accordance with BMPs trio exception for RR 1:5 as with 095) r £ JCC Title 18 Key Points cont.: 1 elf ��'"`�°)2 p e ha�)OO/ Y 18 20.240 s4 4( A ) ..Do l`- • Any mining activity outside of MRLOs shall 416\--Q � ,t, ;,���e ��,� , ut be subject to the following: —If it is within RR district it shall require a Al o��`,D,i,7� 60j,-741)--,-,- S d o � cCv conditional use permit subject to a Type III (�`^ permit approval �, —Shall not disturb more than 10 acres at a time / —Shall comply with state law,BMPs,and a ,I OS �` series of mitigating conditions ` 5L-71' / CLOde 0.00 6 Aire,, a.✓0 t,.,,..c) J 9 g JCC Title 18 Key Points cont.: `"1° ✓ 47,2_.t;`` icc a-re vi1S1 • 18.30.000: Grading and excavation standards— key f,4.1s , Dcr r 0 6: projects which involve grading of 500 or more cubic yards require SEPA review that would i _:uue a stormwater management permit. �- %{ �� '`�d� c' /� • 18.30.070: Stormwater management standards —land disturbing activities of 7,000 sq ft or more require a stormwater permit. • 18.30.170: Mining,quarrying and asphalticoncrete batch plant BMPs in critical aquifer recharge areas. 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O et O O = •• O rD O O = • C' A: r'� rip rep = et et 0 ft>....o CA �-+ O '"r O a' . �. = O a ts. • WO O � _ C a- , O � tC - C A? =-' 2:, am O O fy NI . et O O y N • ep = eD •,, j ,�, •"i' 1.-h p = ^� �-a , = . ��.. © ,-r O y 0 a' O = O = rD O • O , OO =. O O �..�' O. O ¢ e..,. O "'Z O. '"3 = O. O D O O O. 0.1 0. 0 O O 0 O + W) eD ►-• ft tt et 0-0 r.,. .... O O O• rp O• rp et c 'rd CM la w) Page 1 of 2 Jefferson County Board of Commissioners, While I am a member of the Planning Commission, I will be commenting today as a citizen of the County. mineral I wish to comment on the proposed wording of the Jefferson County Code,the section on and which extraction and processing, 18.20.240, specifically section 2c alluding to buffer zones, has to do with hours of operation and noise. While I have toured the Fred Hill Materials Shine pit,W live��across State Route 101 from be Penny Creek Quarry in Quilcene, and my references extent possible, n Chapter 2c proposes all mineral extraction and processing activities must, to employ best management practices for drainage, erosion and osediment eroont ol, �� zones and P other precautionary measures. It refers the reader to 18.30 18.30 makes no mention of buffer zones, nor from file number 20N98©041 of the extraction spelled out anywhere in the code. Taking page hearing examiner's notes dated 29 June 1999 on the Fred t�buffers Shine pit, there is a reference to Jefferson County Code 18.35.070 (4) "Buffers Required. All mineral extraction and processing uses shall develop or maintain pen'meter buffer areas consistent with the requirements of JCC 18.30.040." Therefore, the delineation of buffers in the Code has eroded since 1999. Consequently, I feel that it is imperative that buffers be defined for mineral lands. "RCW 70 107.010 Purpose. The legislature finds that inadequately controlled noise adversely affects the health,safety and welfare of the st have not people, the value of property, and the quality of the environment Anti-noise measures of the pa adequately protected against the invasion of these interests by nd noise. There of is a need, therefore, the for an and expansion of efforts statewide directed tows of this chapter is to provide authority for economic impact upon the community and the state. The purpose such an expansion of efforts, supplementing existing programs in the field. [1974 ex.s. c 183,§1.1" Jefferson County adopted the above chapter of the o Revised Sectof Waf pro tposeo all 20n84 as Resolution 23-84, and again on,9/16/85 as Resolution extraction and processing must take place between 7 .thndr 7 p.m. onaeekdW with mineral ll not exceed the limits of WAC 173.60.042, and goes on to say period shall be reduced by 10 decibels for extraction and processing outside of this specified Y wording that gives a quarry carte Blanc to receiving residential property. I am opposed operate 24 hours a day, 7 days a week, by the perceived reduction of noise levels. In issuing the (April 2005), planner Greg Ballard accepted a noise most recent permit for Penny Creek Quarry (Ap study put together by the wife of the owner of the quarry as evidence that the quarry was within acceptable noise compliance. Further,this County has shown that it has neither the personnel, expertise, equipment, nor inclination to adequately deal with noise complaints and enforcement as is its responsibility. UDC AMENDMENT ON MINING BUFFERS BY MIKE WHITTAKER WHILE GMA REQUIRES COUNTIES TO DESIGNATE RESOURCE LANDS(AG,MINERAL,AQUACULTURE,ETC.)AND GIVES SOME SPECIAL CONSIDERATION TO THOSE LANDS,THERE IS AT LEAST SOME EVIDENCE THAT ALL DESIGNATED RESOURCE LAND IS NOT SUITABLE FOR DESIGNATION. GMA IS SPECIFIC THAT INCOMPATIBLE USES ARE TO BE AVOIDED. WHEN RESOURCE LANDS ARE SITED IN CLOSE PROXIMITY TO RESIDENTIAL LAND,BUFFERS ARE JUST ONE TOOL TO ASSIST IN ASURING THE AVOIDANCE OF INCOMPATIBLE USES. WHILE LANGUAGE IN THE JEFFERSON COUNTY CODE ON BUFFERS FOR FOREST LAND AND CRITICAL AREAS ARE SPECIFIC,BUFFER LANGUAGE FOR MINERAL LAND IS ALL BUT NON EXISTANT.JCC 18.20.240(1)(c)STATES THAT SURFACE MINING MUST USE BEST MANAGEMENT PRACTICES FOR BUFFER ZONES AND REFERS THE READER TO JCC 18.30 WHICH ARE DEVELOPMENT STANDARDS AND CONTAIN NO WORDING ON BUFFER ZONES. IT MADE SENSE TO ME TO RESEARCH HOW OTHER COUNTIES COMP PLANS AND DEVELOPMENT STANDARDS DEALT WITH BUFFERS FOR MINERAL RESOURCE LANDS. THE BUFFERS RANGED FROM AS LITTLE AS FIFTY(50)FEET TO NOTICING ADJACIENT PROPERTY UP TO ONE QUARTER(1/4)OF A MILE. FURTHER,RESOURCE LANDS CANNOT BE WITHIN ONE HALF(1/2)MILE OF A URBAN GROWTH AREA. THE QUESTION OF WHOSE PROPERTY THE BUFFER SHOULD BE ON IS TREATED DIFFERENTLY IN EACH COUNTY. THE FOLLOWING PAGES,WHICH ARE INTENDED TO MAKE MY POINT,ARE FROM OTHER COUNTIES COMP PLANS AND DEVELOPMENT REGS VIA MSRC(MUNICIPAL SERVICES& RESEARCH CENTER),JEFFERSON COUNTY COMP PLAN AND DEVELOPMENT REGS,A CTED PUBLICATICATION,AND JEFFERSON COUNTY PERMITTING ORDINANCES. PAGE 1,2. FROM MSRC-LINKS TO COUNTY COMP PLANS AND CODES PAGE 3. CTED PUBLICATION PAGE 4. WAC365-190-070 PAGE 5,-7. CLARK CO.DEV.REG. PAGE 8,9. PIERCE CO.COMP PLAN PAGE 10-14 SKAGIT CO.COMP PLAN PAGE 15-20. SNOHOMISH CO.COMP PLA PAGE 21-25. SNOHOMISH CO.DEV.REG. PAGE 26-28. SPOKANE CO.COMP PLAN PAGE 29. SPOKANE CO.DEV.REG. PAGE 30-33. THURSTON CO.COMP PLAN PAGE 34-40. ISSUE PAPER ON MINERAL LANDS FROM CTED-JAN 2003-SENATE BILL SB5305,DEC 2002 LEGISLATURE PAGE 41. JCC 18.15.170. PAGE 41A,37B,37C. ORDINANCE 08-1208-03, PAGE 42,42A. HEARINGS EXAMINER FINDINGS,ZON96-0042 PAGE 43. HEARINGS EXAMINER FINDINGS,ZON98-0041 PAGE 44,45. BUFFER DEFINITION FROM JC COMP PLAN PAGE 46. BUFFER DEFINITION FROM JC CODE. PAGE 47, JCC AMENDMENT PROPOSAL. REFERRENCES TO BUFFERS IN THE JEFFERSON COUNTY COMP PLAN ARE TO BE FOUND ON; PAGE 3-11 FIRST PARAGRAPH,LAST SENTENCE. PAGE 3-62 LNP 18.5 PAGE 3-63 LNP 20.3c PAGE 4-3 TABLE 4-1,INDICATOR#4-COMMENT PAGE 4-5 FIRST PARAGRAPH,THIRD LINE PAGE 4-41 ACTION ITEM#1,BULLET#3 REFERRENCES TO PROTECTING ADJACIENT PROPERTY AND AVOIDING INCOMPATIBLE USES CAN BE FOUND ON; PAGE 3-47 LNG 3.0 PAGE 3-59 LNP 13.3 PAGE 4-3 TABLE 4-1,INDICATOR#4-COMMENTS PAGE 4-4 THIRD PARAGRAPH,BULLET#4 PAGE 4-5 FIRST PARAGRAPH PAGE 4-7 PARAGRAPH#5,LINE#5 PAGE 4-42 LAST PARAGRAPH(#7) UDC AMENDMENT ON MINING BUFFERS BY MIKE WHITTAKER WHILE GMA REQUIRES COUNTIES TO DESIGNATE RESOURCE LANDS(AG,MINERAL,AQUACULTURE,ETC.)AND GIVES SOME SPECIAL CONSIDERATION TO THOSE LANDS,THERE IS AT LEAST SOME EVIDENCE THAT ALL DESIGNATED RESOURCE LAND IS NOT SUITABLE FOR DESIGNATION. GMA IS SPECIFIC THAT INCOMPATIBLE USES ARE TO BE AVOIDED. WHEN RESOURCE LANDS ARE SITED IN CLOSE PROXIMITY TO RESIDENTIAL LAND,BUFFERS ARE JUST ONE TOOL TO ASSIST IN ASURING THE AVOIDANCE OF INCOMPATIBLE USES. WHILE LANGUAGE IN THE JEFFERSON COUNTY CODE ON BUFFERS FOR FOREST LAND AND CRITICAL AREAS ARE SPECIFIC,BUFFER LANGUAGE FOR MINERAL LAND IS ALL BUT NON EXISTANT.JCC 1820.240(1)(c)STATES THAT SURFACE MINING MUST USE BEST MANAGEMENT PRACTICES FOR BUFFER ZONES AND REFERS THE READER TO JCC 18.30 WHICH ARE DEVELOPMENT STANDARDS AND CONTAIN NO WORDING ON BUFFER ZONES. IT MADE SENSE TO ME TO RESEARCH HOW OTHER COUNTIES COMP PLANS AND DEVELOPMENT STANDARDS DEALT WITH BUFFERS FOR MINERAL RESOURCE LANDS. THE BUFFERS RANGED FROM AS LITTLE AS FIFTY(50)FEET TO NOTICING ADJACIENT PROPERTY UP TO ONE QUARTER(1/4)OF A MILE. FURTHER,RESOURCE LANDS CANNOT BE WITHIN ONE HALF(1/2)MILE OF A URBAN GROWTH AREA. THE QUESTION OF WHOSE PROPERTY THE BUFFER SHOULD BE ON IS TREATED DIFFERENTLY IN EACH COUNTY. THE FOLLOWING PAGES,WHICH ARE INTENDED TO MAKE MY POINT,ARE FROM OTHER COUNTIES COMP PLANS AND DEVELOPMENT REGS VIA MSRC(MUNICIPAL SERVICES& RESEARCH CENTER),JEFFERSON COUNTY COMP PLAN AND DEVELOPMENT REGS,ACTED PUBLICATICATION,AND JEFFERSON COUNTY PERMITTING ORDINANCES. PAGE 1,2. FROM MSRC-LINKS TO COUNTY COMP PLANS AND CODES PAGE 3. CTED PUBLICATION PAGE 4. WAC365-190-070 PAGE 5,-7. CLARK CO.DEV.REG. PAGE 8,9. PIERCE CO.COMP PLAN PAGE 10-14 SKAGIT CO.COMP PLAN PAGE 15-20. SNOHOMISH CO.COMP PLA PAGE 21-25. SNOHOMISH CO.DEV.REG. PAGE 26-28. SPOKANE CO.COMP PLAN PAGE 29. SPOKANE CO.DEV.REG. PAGE 30-33. THURSTON CO.COMP PLAN PAGE 34-40. ISSUE PAPER ON MINERAL LANDS FROM CTED-JAN 2003-SENATE BILL SB5305,DEC 2002 LEGISLATURE PAGE 41. JCC 18.15.170. PAGE 41A,37B,37C. ORDINANCE 08-1208-03. PAGE 42,42A. HEARINGS EXAMINER FINDINGS,ZON96-0042 PAGE 43. HEARINGS EXAMINER FINDINGS,ZON98-0041 PAGE 44,45. BUFFER DEFINITION FROM JC COMP PLAN PAGE 46. BUFFER DEFINITION FROM JC CODE. PAGE 47. JCC AMENDMENT PROPOSAL. REFERRENCES TO BUFFERS IN THE JEFFERSON COUNTY COMP PLAN ARE TO BE FOUND ON; PAGE 3-11 FIRST PARAGRAPH,LAST SENTENCE. PAGE 3-62 LNP 18.5 PAGE 3-63 LNP 20.3c PAGE 4-3 TABLE 4-1,INDICATOR#4-COMMENT PAGE 4-5 FIRST PARAGRAPH,THIRD LINE PAGE 4-41 ACTION ITEM#1,BULLET#3 REFERRENCES TO PROTECTING ADJACIENT PROPERTY AND AVOIDING INCOMPATIBLE USES CAN BE FOUND ON; PAGE 3-47 LNG 3.0 PAGE 3-59 LNP 13.3 PAGE 4-3 TABLE 4-1,INDICATOR#4-COMMENTS PAGE 4-4 THIRD PARAGRAPH,BULLET#4 PAGE 4-5 FIRST PARAGRAPH PAGE 4-7 PARAGRAPH#5,LINE#5 PAGE 4-42 LAST PARAGRAPH(#7) Page 1 of 4 Michael Whittaker From ael Whittaker"<mwsdrr©embargmail.com> Sent: Wednesday,July 30,2008 5:18 PM Attach: Picture(Device Independent Bitmap)1.jpg Subject: RE:Research Request Mike, This is a follow up message to our telephone conversation today about mining and mineral resource lands and buffering and compatibility with adjacent uses. 1 did not find any consistent treatment of buffering from mineral resource lands to other uses,such as residential,and of buffering from other uses,such as residential, to mineral resource lands. Most jurisdictions require buffers both from the mining operations to the site boundary and from adjacent uses to designated mineral areas and existing mining areas. Typically at least a I00-foot setback is required between mining areas,l<13d residential development. There are some limitations on lot sizes in new subdivisions adjacent to mining areas;in some cases a five-acre minimum is establi4dri, This is partly to protect the viability of the designated mineral resource areas and also to address compatibility between mining and residential uses. Avo The following are relevant provisions from comprehensive plans and development regulations Clark County Code,§20.250.020-http://www.codepubhshing.com/dlSearch/__dtisapi6.dll?cmd=getdoc&Docld=l77&Index=D%3a%uScProgram%20Files%o 5cdtSearch%5 cUserData%ScWA%5cClarkCounty40%5findex&HitCount-3&hits=2a+8b+359+&SearchForm=D%3a%5cinetpub%5cwwwro_o_t%5epublis%5thtml% 5cWA%5cclarkcounty%5cclarkcounty%o5fform%2ehtml Kitsap County • Kitsap County Code,Ch.17.380 Mineral Resource-http://nt2.scbbs.com/cgi-bin/om_isvi.d11? clientlD-392566669&advq_uery-nmeral&hitsperhead ng=on&infobase=procode-7&record-{1004091}&softpage=Document42 • Kitsap County Code,§17.382.100 http;//nt2.scbbs,com/cgi-bin/om_isapi.dll?clientlD=392566669&hitsperheading on&nfobase—procode- 7&jump 17.382.100&softpage=Document42#JUMPDEST_17 382.100 Pacific County Critical Areas and Resource Lands Ordinance No.147 and 147A-http://wvvw.cdpacific.wa.us/pdP/020files/ord147A.pdf#page=-62 (see sec.13(D), p.62) Pierce County • Pierce County Comprehensive Plan,see§19A.30.090-http://www.co.pierce.wa.us/xml/Abtus/ourorg/council/code/title%2019a%20pcc.pdf#page=49 • Pierce County Code,Ch.181.50—Mineral Resource Lands and§18L60.060 in Title 18I-http://www.co,pierce.wa.us/xml/Abtus/ourorg/council/codekitle% 2018i%20_pcc,pdf San Juan County Code,§18.40.350-http://www.mrsc.org/mc/sanjuan/sjcc18/sjcc1840.html#18.40.350 Skagit County • Skagit County Comprehensive Plan,Ch.4 Natural Resource Lands Element- http//skagitcounty.net/PlanningAndPermiU Documents/2007Comglan/C_hapter4%o20%20Natural%20Resource%20Lands%o20Element,pdf(see Mining Buffer Standards excerpted below) ' Policy 4D-3.6 Mining Site Buffer Standards Mining buffer standards shall maintain the purpose and functions of mineral resource lands.These standards shall require equivalent buffers on mining sites and on adjacent properties with the exception of mines adjacent to mines.Excavation shall not occur within the buffer of any mine except during reclamation and on mines adjacent to mines.Storage of topsoil and excavation associated with reclamation area may be allowed in buffers. Policy 4D-3.7 Mining Activities Buffer Standards Buffers and setbacks should be provided for all activities associated with mineral extraction operations in addition to those required for mineral resource areas. • Skagit County Code,§14.16.440(9)(C)and(10) Mineral Resource Overlay-http://skagitcounty net/planningandpermit documents/code/14.16/nro_pdf Snohomish County • Snohomish County Mineral Resource Lands Planning- http://www 1.co.snohomish.wasus/Departments/PDS/Divisions/LR Planning/Projects_Programs/Agriculture_Resources/M neralResourceLandsPlammng htm • Snohomish County Comprehensive Plan,General Policy Plan,Land Use- http.//www.co.snohomish wa.usidocuments/Departments/pds/1.0_year_update/GPP/6landuse..pdf(Mineral Lands section does not specifically address buffering) • Snohomish County Code,Ch.30.31D Mineral Conservation Zone- http://www.co.snohomish wa.us/Documents/Departments/Council/counttYcode/CountyCodeTitle30_pdf#page 139 9/3/2008 , Page 2 of 4 c • Snohomish County Code,Ch.30.32C Mineral Resource Lands http://www.co.snohomish.wa.us/Documents/Departments/Council/county__code/CountyCodeTitle30.pdf#page=158 (see§30.32C.150) • Snohomish County Code,§30.23.110(6)http://www.co snohom_ish wa.us/Documents/Departments/Council/coun _code/CountyCodeT tle30,pdf#page=56 Spokane County • Spokane County Comprehensive Plan,Natural Resources Chapter-http_://www spokanecounty.or BP/Documents/Con_pPlan/Chapter4.pdf(see Policy NR.4.14(b)) • Spokane County Code,Ch.14.620 Mineral Lands-http://www.spokanecounty.orgLI3P/Documents/ZoneCode/620Min.pdf Thurston County • Thurston County Comprehensive Plan,Ch.3.Natural Resource Lands-http://www.co.thurston.wa us/permitting/Comprehensive%2OPlan/docs/CHAPTER%o 2003%202003pdf(see discussion on p.16 and Goal 7,pp.27-28) • Thurston County Code,Ch.17.20 Mineral Extraction Code-http//www.ordlink com/egi- bin/hilite.pl/codes/thurston/ DATA/TITLE_17/Chapter_17 20_MINERAL_EXTRACTl html?mineral%20extraction%20(see§17.20.230—Setbacks) • Thurston County Code,Ch.20.30B Designated Mineral Lands-http://www.ordl ink.com/cgi- bin/hilite.pl/codes/thurston/_DATA/TITLE20/Chapter 20 30B_DESIGNATED MINE html?mineral%20extraction%20 (See 20.30B.030 Designation of future mineral lands.(lxc) Excerpt: c.At least sixty percent of the area within one thousand feet of the site must have parcels larger than five acres in size,at the time of the application for designation(see Appendix Figure 18). • Thurston County Code,Ch.21.45 Mineral Extraction District-http//www.ordlink.com/cgi- bin/htlite.pl/codes/thurston/_DATA/TITLE2 /Chapter2l_45_MINERALEXTRACT html?mineral%o20extract on%20) Excerpt: 17.20.230 Setbacks. No extraction shall be conducted closer than one hundred feet to the boundary of any district in which extraction is permitted or allowed by special use nor closer than one hundred feet from the property boundary at the time of application.However,the setback may be reduced by the approval authority if,due to topography,or adjoining easements or designated resource lands of long-term commercial significance,the purposes of this chapter can be met with the reduced setback.The setback area shall not be used for any other use in conjunction with extraction except access streets,berms,fencing, landscaping and signs.(Ord.10368§3(part),1993) Whatcom County • Whatcom County Code,Ch.14.06 Mineral Resource Land Disclosure-http://www.mrsc.org/mc/whateom/whatco 1 4/whatco1406 html • Whatcom County Code,Ch.20.73 Mineral Resource Lands Special District(MRL)(see§20.73.130)- http;//www.mrsc.org/mc/whatcom/whatco20/whatco2073.html • Whatcom County Code,§20.32.652 -http://www.mrsc.org/mc/whatcom/whatco20/whatco2032 html#20 32,652(also see similar provisions in other residential zones). From my review of this material,I think the both the Snohomish County and the Thurston County regulations may offer useful models for you. Other Resources • WAC 365-190-070 Mineral resource lands-http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLE/WAC%20365%20-190%20%2OCHAPTER/WAC% 20365%20-190%20-070.htm • Issue Paper on Mineral Lands,CTED-http://www.cted.wa.gov/landuse/issue_papers/mineral_lands_issue_paper.html. I hope this information is helpful. Please let me know if you have further questions. Carol Tobin,Public Policy Consultant Municipal Research& Services Center of Washington 2601 Fourth Avenue,Suite 800 Seattle,WA 98121-1280 Ph:(206)625-1300 Fax:(206)625-1220 E-mail:ctobin��mrsc.org Web:httpl/www mrsc.org 9/3/2008 Mark Frey • Direct health and safety benefits Rural residents value rural character and (such as flood control,protection for open space that is the essence of rural water supply and groundwater character. Open space is essential for recharge areas,cleansing of air, protection of wildlife habitat and water separation from hazards); quality, as well as for preserving the • Protection for important critical areas value and character of historic rural and natural systems(such as landscapes. Open space designation wetlands,tidal marshes,beaches); along riparian corridors and other • Identification and protection of designated fish and wildlife conservation wildlife habitat(such as riparian areas will be an important tool for areas and other wildlife corridors counties responding to listings of salmon necessary to migrating and spawning and bull trout under the Endangered fish and other animals); Species Act. Historic designation may • Commercially significant resources also be used to protect open spaces in and jobs(such as forestry, fishery, addition to historic features within the mineral and agricultural products) landscape. and other economic benefits including increased property value To ensure the predominance of open and increased tourism business— space,the natural landscape,vegetation, tourism is ranked among the top and historic properties in rural areas, three employers in 40 states;12 CTED recommends counties develop w s R.JF'e.b' .an `*K`YllE.4.WwMOWM '. county-wide open space plans. Open space lands perform numerous functions • and provide numerous benefits. Briefly, .a . open space lands provide: • Active and passive recreational x.., .= opportunity; 212 11 /Low T A}4 (6,qTi http://www.mrsc.org/mc/wac/WAC%20365%20%20T1TL WAC 365-190-070 Mineral resource lands. (1)Counties and cities shall identify and classify aggregate and mineral resource lands from which the extraction of minerals occurs or can be anticipated. Other proposed land uses within these areas may require special attention to ensure future supply of aggregate and mineral resource material,while maintaining a balance of land uses. (2)Classification criteria. Areas shall be classified as mineral resource lands based on geologic, environmental,and economic factors,existing land uses,and land ownership. The areas to be studied and their order of study shall be specified by counties and cities. (a)Counties and cities should classify lands with long-term commercial significance for extracting at least the following minerals: Sand, gravel,and valuable metallic substances. Other minerals may be classified as appropriate. (b)In classifying these areas,counties and cities should consider maps and information on location and extent of mineral deposits provided by the Washington state department of natural resources and the United States Bureau of Mines. Additionally,the department of natural resources has a detailed minerals classification system counties and cities may choose to use. (c)Counties and cities should consider classifying known and potential mineral deposits so that access to mineral resources of long-term commercial significance is not knowingly precluded. :3 a c;;g s 4 4'' 3 tind c alSO consider the effects of proximity Ft itekl . , B s` t mo ,.•t: uses of the land as indicated 6 (i) General land use patterns in the area (ii)Availability of utilities; (iii)Availability and adequacy of water supply; SunotindingPateasizes:and,surrounding uses; (v)Availability of public roads and other public services; (vi)Subtfivision or zoning for twban or small.,long (vii)Accessibility and proximity to the point of use or market; (viii)Physical and topographic characteristics of the mineral resource site; (ix)Depth of the resource; (x)Depth of the overburden; (xi) Physical properties of the resource including quality and type; (xii)Life of the resource;and (xiii)Resource availability in the region. 1 of 2 8/4/2008 3:45 PM 40.250.020 Surface Mining Overlay District(S) http://www.codepublishing.com/dtSearch/dtisapi6.dll?cmd=getd (3 hits) ( __• TOC < > 40.250.020 Surface Mining Overlay District (S) A. Purpose. It is the intent of this overlay district to ensure the continued-use of rock, stone, gravel, sand, earth and minerals without disrupting or endangering adjacent land uses _*,: `. fit, tY.and;the • a !e. Provisions of Chapter 78.44 RC an Chapter 332-18 WAC applicable to Clark County pertaining to surface mining are adopted by reference. No surface mining use shall be established until the responsible official issues site plan approval. B. Uses. The following uses are permitted outright or by conditional use permit within this district: 1. Permitted. a. All uses allowed in the zone district with which this district is combined. b. Extractions from deposits of rock, stone, gravel, sand, earth and minerals. 2. . . c rd npl. a. Asphalt mixing. b. Concrete batching. c. Clay bulking. C. Accessory Uses. On-site hazardous waste treatment and storage facilities, subject to state siting criteria (RCW 70.105.210) are permitted as an accessory use in this district. D. Special Standards or Requirements. 1. Site Area. When the activity includes both extraction and any one (1) of the uses listed in Section 40.250.020(B)(2), the total site area shall be a minimum of twenty (20) acres. Activities which are limited to extractions only shall not have a minimum site size. 2. Lot Width. There shall be a minimum lot width of sixty (60) feet for all activities included in Section 40.250.020(B)(2). 3. Fencing. The periphery of all sites within the gross site area being actively mined or reclaimed shall be fenced according to the Department of Natural Resources' standards. 4. Setbacks. The tops and toes of cut and fill slopes shall be set back from property boundaries according to the Department of Natural Resources' standards for safety of the adjacent properties, and to prevent damage resulting from water runoff or erosion of slopes. 5. Maximum Permissible Noise Levels. Maximum permissible noise levels shall be according to the provisions of the Chapter 173-60 WAC. 6. Hours of Operation. Hours of operation, unless otherwise authorized by the responsible official, shall be between 6:00 a.m. and 8:00 p.m. 7. Erosion Control. All disturbed areas, including faces of cuts and fill slopes, shall be prepared and maintained to control erosion. This control may consist of planting 1 of 3 8/4/2008 4:00 PM 40.250.020 Surface Mining Overlay District(S) http://www.codepublishing.com/dtSearch/dtisapi6.dll?cmd=getdoc&D... Zifri-X sufficient in amount or type to stabilize the slope (as approved by the responsib( official). 8. Drainage. Provisions shall be made to: a. Prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a hill. b. Prevent sediment from leaving the site in a manner which violates RCW 90.48.080 and WAC 173-201-100. 9. Bench/Terrace. Benches shall be backsloped, and shall be established at not more than forty (40) foot vertical intervals, to control surface drainage and debris. Swales or ditches on benches shall have a maximum gradient of five percent (5%). 10. Access Roads Maintenance. Access roads to mining and quarrying sites shall be maintained and located to the satisfaction of the director of public works, to minimize problems of dust, mud and traffic circulation. 11. Overburden. Overburden shall only be removed to accommodate aggregate and related activities of this section. E. Plan Approval. Prior to receiving approval, the responsible official shall first review and approve plans and specifications and other supporting data, through a Type II site plan review process. F. Information on Plans and in Specifications. Plans shall be drawn to an engineer's scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed, and show in detail that they will conform to the provisions of this section and all other relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work, and the names and addresses of the owner and the person by whom they were prepared. The plans shall include the following minimum information: 1. General vicinity maps of the proposed site. 2. Property boundaries and accurate contours of existing ground, details of terrain, and details of area drainage. 3. Dimensions of area to be mined, elevations or finished contours to be achieved by the grading, proposed drainage channels and related construction. 4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as a part of the proposed work, together with the maps showing the drainage area and the estimated runoff of the area served by any drains. 5. Leasiteftrof aniptadinip.w agructOrelk on the property where the work is to be performed, and the location of any buildings or on Of adjacent grambuinwiers-wtich;are wthin fifty (50) feet of ' : property, or which may be affecte4 the c�p�eration. 6. Landscape and re abl station p an, as required by Section 40.250.020(G). G. Land Restoration. 1. Upon the exhaustion of minerals or materials, or upon the permanent abandonment of the quarrying or mining operation, all buildings, structures, apparatus or appurtenance accessory to the quarrying and mining operation which are nonconforming to the underlying district shall be removed or otherwise dismantled to the satisfaction of the responsible official. 2. Unless approved as a sanitary landfill, grading or backfilling shall be made with non-noxious, nonflammable, noncombustible and nonputrescible solids. 3. Such graded or backfilled areas, except for roads, shall be sodded or surfaced with 2 of 3 8/4/2008 4:00 PM 40.250.020 Surface Mining Overlay District(S) http://www/ S�gdepublishing.com/dtSearch/dtisapi6.dl1?cmd=g (47 l� soil of a quality at least equal to the topsoil of the land areas immediately surrounding, and to a depth of at least four (4) inches, or a depth of that of the topsoil of land areas immediately surrounding, if less than four(4) inches. 4. Such topsoil as required by Section 40.250.020(G)(3) shall be planted with trees, shrubs or grasses. If the site is within an AG or FR district, the topsoil shall be of a similar type to the surrounding area. 5. Graded or backfilled areas shall be reclaimed in a manner which will not permit stagnant water to remain. Suitable drainage systems approved by the responsible official shall be constructed or installed if natural drainage is not possible. 6. Waste or soil piles shall be leveled and the area treated, as required in Sections 40.250.020(G)(3) and (G)(4). H. Applicability to Pre-Existing Operations. Notwithstanding Section 40.530.050, the provisions of the surface mining overlay district shall apply to surface mining operations commenced prior to, and in continued operation, as of December 30, 1997. dtSearch 7.00(7008) 3 of 3 8/4/2008 4:00 PM , Title 19A-Comprehensive Plan • 19A.30.090 4. Residential uses allowed near designated commercial forestry areas should be developed in a manner which minimizes potential conflicts and reduces unnecessary conversion of forested land. 5. Forestry is encouraged throughout the County. Pierce County's regulation of forestry should be consistent with these guiding principles: a. Homeowner covenants for new subdivisions and short subdivisions in the Rural Area should not restrict fanning and forestry; b. Silvicultural management practices should not be construed as public nuisances when carried on in compliance with applicable regulations,even though they may impact nearby residences;and c. County environmental standards for forestry should protect environmental quality,especially in relation to water and fisheries resources,without discouraging forestry. LU-FL 27.4(PCC 19A.30A80 E.4.)may be implemented through a variety of changes to County regulations,including but not limited to those on animal control, environmental standards, land subdivision,and zoning. F. LU-FL Objective 28. Coordinate forested land conservation policies with other jurisdictions,tribes, special districts, state agencies,and their respective programs. 1. Encourage and recognize the multiple uses and values of resource lands,beyond providing for forestry products. Other values can include recreation,open space, watershed management,and wildlife habitat. (Ord. 2004-87s §3 (part),2004; Ord.2004-120 § 1 (part),2004;Ord. 2003-103s §2(part), 2003; Ord.96-17S2 § 6(part), 1996;Ord. 94-82S §2(part), 1994) 19A.30.090 Resource Lands—Mining. A. LU-Mi Objective 29. Maintain and enhance mineral resource based industries. 1. Assure conservation of mineral resource lands. a. Assure that the use of lands adjacent to mineral resource lands do not interfere with the continued use,in accordance with best management practices,of lands designated for the extraction of minerals. b. Assure that the excavated land will have an ultimate economic use which will complement and preserve the value of adjoining land. c. Maintain the contribution of mining and processing operations to the Pierce County employment base. 2. Rgovidillairalbillakagas011aideareatopaapae.****461.3001441armai „Igingsggeitanci lands to be designated as a Mineral Resource Overlay. The notice shall inform that an application might be made for mining-related activities, including mining,extraction,washing,crushing,stockpiling,blasting,transporting, and recycling of minerals. 3. Require a permit for establishing a mine within a mineral resource zone,allowing environmental review and appropriate mitigation. 4. Apply standards to new and expanding mine operations. abed „okkgswatimisviejs,light pollution`, . "Es",,tra p) l s, s___4111a4 and water quality. Surface mines less than three acres in area shall be reclaimed as required by Pierce County Code. Surface mines greater than three acres shall be reclaimed as required by RCW 78.44. 5. Qmosidnosinduataidovelopenesitfrighis,by: deve op ,oft the #-. witin jeaffiltdathigagagliiinit tiSe withut that area to ,d t,i.:4,,- , •r — dmaistailektorattaam fix the life of the mines 19A.30--27 \ if\ Title 19A-Comprehensive Plan " 19A.30.100 Lei eif6/r B. LU-Mi Objective 30. Identify,map and classify known and potentially significant economically developable mineral deposits within Pierce County as identified by the Washington Department of Natural Resources. 1. Coordinate with the Washington State Department of Natural Resources to identify and prioritize funding options at the state and local level to prepare an inventory of aggregate and mineral resource lands. 2. Funds identified by Pierce County and the Washington State Department of Natural Resources shall be used by the Washington State Department of Natural Resources to prepare an inventory of aggregate and mineral resource lands from which the extraction of minerals occurs or can be anticipated. 3. Apply information obtained through the inventory to identify the location of lands that are anticipated to be designated as a Mineral Resource Overlay(MRO) in the future. 4. Encourage property owners to identify known mineral lands and allow Mineral Resource Overlay designation of appropriate properties when requested by the property owner. C. LU-Mi Objective 31. "`�' ` � •��, a F. • .�� - a A,:� sInDsfoom d restored for appropriate reuse after removing the resource material. D. LU-Mi Objective 32. Discourage new residential uses from locating near active extractive sites, 1. Realikaildiiiitasiltamiamiutis'idininitgansmshouktbefkrveloped in a " sary conversion of (Ord. 2005-7C1"sg 1 (part),2005;Ord.2004-87s §3 (part),2004;2004-120 § 1 (part),2004; Ord. 2003-103s §2(part),2003;Ord.94-82S §2(part), 1994) 19A.30.100 Residential. Location Criteria. A. LU-Re Objective 33. Living areas will be located in consideration of the following: 1. Living areas should be located in convenient proximity to the work,shopping and leisure time areas. 2. Living areas should be located where they can be served by efficient,regular transit service,and a complete road network to ensure easy transit access. 3. The spatial configuration of living areas should take the activity and residential preference patterns of various categories of households into account. 4. Living areas should be in convenient proximity to large community open spaces and should include smaller private open spaces. 5. Living areas should be located within walking distance of community facilities, including schools,shopping areas,and parks. 6. Living areas should be distanced,buffered or otherwise mitigated from physical hazards, unhealthful conditions,protected from traffic and incompatible uses, such as Employment Centers with high noise,risk of explosion or fire,odor,dust or glare. 7. Living areas should be located in areas which are economical and energy efficient to develop,affordable,and where residential densities with a range of choices can be insured. 8. Living areas should be buffered from resource lands. 19A.30--28 J 10 SKAGIT COUNTY Comprehensive Plan Natural Resource Lands Element • Lands within designated agricultural resource areas should remain in large parcels and ownership patterns conducive to commercial agricultural operations and production. (CPP 5.10) • Skagit County shall conserve agriculture, aquaculture,forest and mineral resources for productive use by designating natural resources lands and aquatic resources areas, where the principle and preferred land uses will be long term commercial resources management. (CPP 5.11) • Identified critical areas, shorelands, aquatic resource areas and natural resource lands shall be protected by restricting conversion, u beAft[een-coogiicting actin(Ci'1'f.1,) • Land uses adjacent to agricultural,forest, or mineral resource lands and designated aquatic resource areas shall not interfere with the continued use of these designated lands for the production of food, agricultural and aquatic based products, or timber, or for the extraction of minerals. (CPP 8.2) • Forest and agricultural lands located within urban growth areas shall not be designated as forest or agricultural land of long-term commercial significance unless a program authorizing transfer or purchase of development rights is established. (CPP 8.3) • Mining sites or portions of mining sites shall be reclaimed when they are abandoned, depleted, or when operations are discontinued for long periods. (CPP 8.4) • Long term commercially significant natural resource lands and designated aquatic resource areas shall be protected and conserved. Skagit County shall adopt policies and regulations that encourage and facilitate the retention and enhancement of natural resource areas in perpetuity. (CPP 8.5) • When plats, short plats, building permits and development permits are issued for development activities on or adjacent to natural resource lands and aquatic resource areas, notice shall be provided to those seeking permit approvals that certain activities may occur that are not compatible with residences. (CPP 8.6) • Fishery resources, including the county's river systems inclusive of their tributaries, as well as the area's lakes, associated wetlands, and marine waters, shall be protected and enhanced for continued productivity. (CPP 8.7) Page 2 of 41 October 10,2007 R SKAGIT COUNTY Comprehensive Plan Natural Resource Lands Element MINERAL RESOURCE OVERLAY (MRO) INTRODUCTION Skagit County supports environmentally responsible and safe mineral resource extraction and processing activities. bhiliattaxemithwideviimeiMininglind mesmiegAggyliefore economically and environmentally feasible asifialhor cantratattatuann,CaltbaltlinitniZedAte ta.b .id+e i€iod am : gnated as aral Resow : - (MRO)to conserve mineral resource lands of long-term commercial significance. Because mineral extraction sites can take 20 to 40 years or longer to excavate, identifying and protecting opportunities for mineral extraction operations requires a long-term planning horizon. Extraction and processing of construction material such as sand and gravel make up most of the mining activity in Skagit County,although there is significant hard-rock mining and processing of such resources as olivine,various other"green rock,"and limestone. Protection of these mineral resources from competing land uses ensures the availability of basic building materials,and helps to reduce costs,as producers would otherwise be forced to transport low value,high volume commodities over long distances. weer Valuable and non-replaceable resources in these areas are preserved,to the extent possible,by indicating that mining will be the preferred land use for these areas, and by establishing guidelines for adjacent land uses that will help reduce potential conflicts with mining. :=snip ,� � i-.vz�..6.s. -•, i :�1�9:�a 4 • .. duat,° ,i from • 44° .rock ems r _ ► �- 21 .T'" 'x also •:! •*L I. uable *Ail of Si r's:economy,now and into the future.. Concerns and issues related to mining activities in riverine areas are addressed in the Skagit County Shoreline Management Master Program. Concerns and issues related to metal mining are addressed at the state level. The Washington Department of Natural Resources and the Department of Ecology have previously codified the Washington State metal mining law. This element proposes not to allow chemical leach mining in Skagit County until state laws are enacted to allow such activities. GOAL D-1 MINERAL RESOURCE DESIGNATION CRITERIA Designate and map long-term commercially significant mineral resource lands as an overlay to the Comprehensive Plan Map. October 10,2007 Page 27 of 41 • I \i• , . • SKAGIT COUNTY Comprehensive Plan Natural Resource Lands Element Industrial districts of the Comprehensive Plan/Zoning Map. New mining is limited to the MRO,subject to applicable permits. However,pre-existing, permitted mining operations outside the Mineral Resource Overlay may operate subject to the terms of the existing approval(s). Such operations may expand beyond the scope of the original permit but within the existing parcel provided that they receive a mining special-use permit. Policy 4D-3.2 Right to Manage Mineral Resource Lands The provisions of Right-to-Manage Natural Resource Lands shall apply to all lands designated Mineral Resource Overlay(MRO)to protect mineral resource landowner rights to manage their lands for mining uses. Policy 4D-3.3 Deed Restrictions itategellbOrtnealithOnsktvatvinfelesicientall(kvekoPlinent on or within one- 1`1J4)mile of mineral reiiiutee lands shall contain recorded documentation of oftheresideatisLowe.acknowledgment of the mineral extraction activities and receipt of the Right-to-Manage Natural Resource Lands information. Policy 4D-3.4 Development Regulations Development regulations for the Mineral Resource Overlay shall identify permitted uses in MRO lands. Policy 4D-3.5 Siting Adjacent Residential Development New residential development adjacent to a designated Mineral Resource Overlay should be sited to help minimize potential conflicts between residences and mining operations. Policy 4D-3.6 Mining Site Buffer Standards Anolit*OreThstrumblassbaltmaintain the purpose and functions of mineral lands.resource Ta : shall sal require ecu sites i.iifitvaceptton of mines adjacent to shannotocciwwithinthe of mine except during reclamation and on mines adjacent to mines. Storage of topsoil and excavation associated with reclamation area may be allowed in buffers. October 10,2007 Page 33 of 41 0 SKAGIT COUNTY Comprehensive Plan Natural Resource Lands Element Policy 4D-3.7 Mining Activities Buffer Standards for allactivitimassociated.with nimrat extractton operations in addition to those required formineral resource arias, GOAL D-4:EFFECTIVE REGULATORY ENVIRONMENT Coordinate and implement administrative procedures that encourage consistency among permitting jurisdictions and simplify permitting procedures for the applicants and Skagit County. Policy 4D-4.1 Coordinate State and Local Regulations Development regulations for mineral resource lands in the county shall be consistent with applicable Washington State mining regulations and Department of Natural Resources rules. Overlap in the regulatory authority between Skagit County and the DNR may occur to ensure public health and safety in matters not under the DNR's jurisdiction. Policy 4D-4.2 Improve Local Permit Process Consider a process to allow certain mining operations by administrative special- use permit,if certain defined criteria are met. Such a process should include a requirement to upgrade the level of review to a hearing examiner special-use permit,if information relating to potential adverse environmental impacts or other factors warrant additional public review. Also establish criteria for appeal and public notification requirements. GOAL D-5:SAFE OPERATIONS es assocral ng equipment, noise, dust,glare, vibrations and M. ktraf c. Policy 4D-5.1 Noise Impacts ^� ties -�V: rtzeasmed on, adjacent fl�site,to the prnvisions-o c 11,Maximunritinusii5E Environmental Noise Levels. Page 34 of 41 October 10,2007 /4/ SKAGIT COUNTY Comprehensive Plan Natural Resource Lands Element Policy 4D-5.2 Traffic Impacts Potential effects of truck traffic from mining operations shall be reviewed as part of the permitting process. Policy 4D-5.3 Roads and Bridges New public roads and bridges accessing designated Mineral Resource Overlay Areas shall be designed to sustain the necessary traffic for mineral extraction operations. Existing roads and bridges shall be improved as needed as each new extraction operation is developed. Cost sharing for the improvement of roads and bridges shall be negotiated between the permitting authorities and the applicant. Policy 4D-5.4 Operation Hours Standards for hours of operations,appropriate for the underlying land-use designation,shall be established for mineral extraction operations. In determining appropriate hours of operation,consider traffic impacts and requirements,nearby uses,and noise impacts. Project-specific circumstances that demand non-standard or `off-peak' hours may also be considered. Policy 4D-5.5 Blasting Timing Vibrations from blasting operations and underground blasts causing noticeable vibrations shall be limited to daylight hours when adjacent to residential areas. Blasts should be scheduled for regular and predictable times except in the case of emergencies. Blasting shall be conducted in accordance with the state permit. Policy 4D-5.6 Noise and Blasting Mitigation Site-specific studies shall be conducted to determine appropriate mitigation or noise and blasting for new operations and expansion areas of existing operations. Std," also implement accepted methods by winekvilmatiessamadaeise shaltbe. .mitigation gation eStablishedtnelleviateinetuanalibilities. Policy 4D-5.7 Pre-Existing Mining Operations Pre-existing, legally operating commercial mining operations outside the Mineral Resource Overlay may continue to operate subject to the terms of the existing approval(s). Such operations may expand beyond the scope of the original approval and within the existing parcel boundary provided that they receive a mining special-use permit. October 10,2007 Page 35 of 41 Ile county snail recni1rr,rn 11RR nt rural RI11QtPr CI1hf11vicinfl ter Cn • Variances as to height of structures may be granted, on application to the hearing examiner,and shall be allowed where a literal application or endorsement of the regulation would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in the spirit of the regulations and this chapter;provided that any variance may be allowed subject to any reasonable conditions that the hearing examiner may deem necessary to effectuate the purpose of this chapter. In granting any permit or variance under this chapter,the hearing examiner may, if he deems such action advisable to effectuate the purpose of this chapter and reasonable in the circumstances,so condition such permit or variance as to require the owner of the tree or structure in question to install,operate,and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. (Added Amended Ord. 02-064,December 9,2002,Eff date February 1,2003) 30.31C.050 Acquisition of air rights. In any case in which: (1) It is desired to remove, lower,or otherwise terminate a nonconforming structure or use; (2) The approach protection necessary cannot,because of constitutional limitations,be provided by airport zoning regulations under this chapter;or (3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations; the county may acquire,by purchase,grant or condemnation in the manner provided by law under which political subdivisions are authorized to acquire real property for public purpose,the air right,aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this chapter. (Added Amended Ord. 02-064,December 9,2002,Eff date February 1,2003) Chapter 30.31 D MINERAL CONSERVATION (MC) ZONE 30.31D.010 Purpose and applicability. (1)The purpose of this chapter is to provide standards for excavation and processing of minerals;usetaat adiacaultexisgimesdithstussd land uses from significant conflicts; and ensure that mineral excavation, processing and transport are conducted consistent with the public health, safety and general welfare. (2) Excavation and processing of minerals: (a) This use shall allow only the primary reduction,treatment,and processing of minerals and materials,together with any necessary accessory buildings. (b) At least one of the major mineral or material constituents being exploited shall be from the property on which the mineral operations are proposing to locate. (c) Allowed uses shall include,but not be limited to,extraction,excavation,washing,crushing, stock piling,blasting,transporting,recycling,concrete batching,asphalt mixing,and the manufacturing of terra cotta, tile,brick,and concrete products. (d) The use shall not be detrimental to the existing,developing,or projected land usg. (3) Excavation and processing of minerals is allowed only on mineral resource lands designated in the comprehensive plan, lands zoned Mineral Conservation(MC)or mining claims officially recognized by the state or federal government and recorded with the auditor,with the exception of: (a) The extraction and processing of rock and gravel exclusively for forest practices shall be permitted in the Forestry (F)zone pursuant to chapter 76.09 RCW. (b) Existing, legally established non-conforming mineral operations will be allowed to continue 9.C.2 The county shall maintain five-acre or larger minimum lot size comprehensive plan designations of rural lands adjacent to desig- ' (24) Utility Structures: All strogativitMosfilpgsigdmiageet from any other lot in a residential zone. (25)Personal Wireless Telecommtlications Service Facilities:The setbacks of a wireless communications support structure used for a personal wireless telecommunications service facility shall be measured from the base of the structure to the property line of the parcel on which it is located. Where guy wire supports are used, setbacks shall be measured from the base of the guy wire anchored to the ground,rather than the base of the structure except as provided for in SCC 30.23.110(25)(a). (a)In zones categorized as Rural or Resource under SCC 30.21.020,any road right-of-way may be included in the setback calculation. In all other zones categorized under SCC 30.21.020,road right-of-way shall not be included in the setback calculation. (b)Wireless communications support structures shall be setback from a property line with a minimum of 50 feet except as provided for in SCC 30.23.110(25)(c)through 30.23.110(25)(e). For the purposes of this subsection,a wireless communications support structure lease area boundaries shall not be considered property lines. (c) Setbacks may be modified by the approval authority to no less than 20 feet from a property line only if there is significant existing vegetation,topography,or some other land feature that will provide a higher level of screening of the facility. In accordance with SCC 30.25.025(2),a Native Vegetation Retention Area(NVRA) shall be established and maintained when this provision is used. (d) Wireless communications support structures located on utility support structures shall have no specific setback requirement. (e)Wireless communications support structures located on parcels adjacent to forest lands or lands designated local forest shall be set back in accordance with SCC 30.32A.110. (f)To minimize the potential for birds to collide into antenna support structures,personal wireless telecommunications services facilities shall not be located within the recommended construction buffer zone for birds listed as priority species by the Washington Department of Fish and Wildlife as described in its Management Recommendations for Washington) s Priority Species T Volume IV: Birds(May 2004),or listed as endangered or threatened species under the federal Endangered Species Act(64 FR 14307),and as amended, unless the applicant demonstrates that the proposed location will not have a significant impact on such birds. (g)In no case shall a wireless communications support structure be constructed so that its base is closer to an existing dwelling than a distance equal to the height of the wireless communications support structure,unless the owner of such dwelling consents in writing that a closer distance is permitted. (26) F- caca and Piing of Ills: (a) mimum set acs,as measured ineasurea trom the nearest edge of active mining or processing, shall be established as follows: (i)Distance from property line: 50 feet; (ii)Distance from any public street or right-of-way: 50 feet; (iii) ! :" a from residences: 100 feet,provided that the residence is located on a site(s)designated. and zoned for 11 t (iv)Distance from parks, schools,hospitals and/or libraries in existence at the time of permit application: '/4 mile(1,320 ft); (v)Distance from UGA boundary: 'A mile(1,320 ft) (b)No mining,processing or permanent buildings shall be located within the setback. (c) Structures or buildings associated with mineral operations shall be located at least 100 feet from a developed residential property line. (Added Amended Ord.02-064,December 9,2002,Eff date February 1,2003;Amended Ord.04-010,Mar. 3, 2004,Eff date Mar. 15,2004;Amended Ord.05-038,November 30,2005,Eff date December 16,2005; Amended Ord. 05-083,December 21,2005,Eff date Feb. 1,2006; Amended Ord. 05-089,December 21,2005, Eff date Feb. 1,2006;Emerg.Ord.06-011,Feb. 15,2006,Eff date Feb. 15,2006;Amended Ord. 06-057,Aug. 2,2006,Eff date Aug. 14,2006) 30.23.115 Setback exceptions for minor architectural features. a /cfr(( /! 0 / /9/ • (A) Storage and refrigeration of regional agricultural producto; General Policy Plan (B) Production,sales and marketing of value-added agricultural products derived from regional sources; (C) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production; (D) Support services that facilitate the production,marketing and distribution of agricultural products; (E) Off farm and on-farm sales and marketing of predominately regional agricultural products from one or more producers, agriculturally related experiences,products derived from regional agricultural production,products including locally made arts and crafts,and ancillary sales or service activities. (F) Accessory commercial or retail uses which shall be accessory to the growing of crops or raising of animals and which shall sell products predominately produced on-site,agricultural experiences,or products, including arts and crafts,produced on-site. Accessory commercial or retail sales shall offer for sale a significant amount of products or services produced on-site. (v)Allowed uses shall comply with all of the following standards: (A) The uses shall be compatible with resource land service standards. (B) The allowed uses shall be located, designed and operated so as not to interfere with normal agricultural practices. (C) The uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of agricultural buildings but shall not otherwise convert agricultural land to non-agricultural uses. (d) Mineral Ce nation(MC). The intent and function of the mineral conservation zone is to comprehensively regulate excavations within Sinabranish Coutty. The zone is designed to.accomplish the following: (i) preserve certain areas of the county which contain minerals of commercial quality and quantity for mineral conservation purposes and toprevent incompatible land use development prior to the extraction of such minerals and materials and to prevent loss forever of such natural resources; (ii) preserve the goals and objectives of the comprehensive plan by setting certain guidelines and standards for location of zones and under temporary, small-scale conditions to permit other locations by conditional use permit; (iii) permit the necessary processing and conversion of such material and minerals to marketable products; (iv) provide for a rotection of the surrounding neighborhood,ecological and aesthetic values,by enforcing co I . t' _ ermg and-for manner and method of operation;and (v) preserve the ultimate suitability of the land from which natural deposits are extracted for rezones and land usages consistent with the goals and objectives of the comprehensive plan. (4) Other Zones: The other zones category consists of existing zoning classifications that are no longer primary implementing zones but may be used in special circumstances due to topography,natural features,or the presence of extensive critical areas. Other zones consist of the following: (a) Suburban Agriculture-1 Acre(SA-1); (b) Rural Conservation(RC); (c) Rural Use(RU); (d) Residential 20,000 sq. ft. (R-20,000); (e) Residential 12, 500 sq. ft. (R-12,500); and (f) Waterfront beach(WFB). (Added Amended Ord. 02-064,December 9,2002,Eff date February 1,2003;Amended Ord. 03-051,June 4, 2003,Eff date June 27,2003; Ord. 03-107, Sept. 10,2003,Eff date Sept.25, 2003;Ord. 03-099, Sept. 10,2003, Eff date October 6,2003;Ord. 04-070,July 28,2004,Eff date Aug.23,2004;Amended Ord. 04-074,July 28, 2004,Eff date Aug.23,2004;Amended Ord.05-087,December 21,2005,Eff date Feb. 1,2006;Amended Ord. 05-101,December 21,2005,Eff date Feb. 1,2006;Amended Ord. 06-046,July 19,2006,Eff date August 5, division of rural residential lands(e.g. 1 du/5 acres, 1 du/l0 acres, or 1 du/20 acres) adjacent to designated mineral resource lands. Resi- dential lots within the development shall be located as far as possi- ble from designated resource lands. 9.C.4 The county shall consider open space, forestry, rural industry, agri- culture or recreational uses as preferred land uses on parcels adja- cent to designated mineral resource lands in future amendments to the comprehensive plan. Objective LU 9.D thit Impacts of mti eras extraction, proc- essing and transporting are adequately addressed and mitigated in the permit review process. LU Policies 9.D.1 The county shall adequately address and mitigate on-site and off- site impacts of mineral operations and transporting in the permit review process. Impact assessment shall include,at a minimum: • Evaluation of impacts to the natural environment and criti- cal areas both on- and off—site with particular attention to geologic hazards, impacts to groundwater used for potable supply,and fish habitat; • Evaluation of impacts to adjacent roperties including use compatibility,Health,safety and welfare;and • Evaluation of traffic impacts including safety, congestion, road characteristics and conditions, and non-vehicular users along roads impacted by large trucks generated by mineral operations taking into consideration the size, weight and performance characteristics of the large trucks. 9.D.2 As part of the permit review process for mineral extraction and processing uses, the county shall consider the impact analysis com- pleted for this plan's environmental documents, which identifies ar- eas with moderate to high land use, watershed and/or transportation impacts, when requesting information for permit applications, mak- ing threshold determinations or preparing site-specific environ- mental documents. 9.D.3 The county will evaluate transportation and hauling impacts as part of an individual site specific permit application. 9.D.4 The county shall coordinate with the mineral industry and stake- holder groups to develop a mineral lands strategy addressing educa- tion and outreach; data collection and tracking; and economic de- velopment. LU-70 Land Use Effective Date February 1,2006 Revised January 2007 (14/6 /11( 5 f1j0 General Policy Plan ID Objective LU 9.A Identify and designate mineral resource lands that are not already characterized by urban growth and that have long term significance for the extraction of min- erals. LU Policies 9.A.1 The county shall use the "Prospect Identification and Preliminary Classification" inventory report and maps completed December 1998,and as subsequently revised and updated based on further site- specific geologic data, to identify sand, gravel and bedrock re- sources potentially eligible for designation as mineral resource land. Determination of eligibility for designation considers the following criteria: • physical properties of the resource including quality and type; • depth of the resource; • depth of the overburden; and • life of the resource. 9.A.2 The county shall exclude selected mineral resources identified on the inventory from potential designation because of legal, envi- ronmental or policy conflicts. Lands which shall be excluded are those; • located within incorporated city, Urban Growth Area, or Na- tional Forest boundaries; • identified as Tulalip Tribal Trust Lands; • developed tthstraties-gloater thut.or equal to 0.15 lot per are (average lot sip of 6.67 acres) in neighborhoods with 5 or more homes; • containing hard-to-replace public facilities (cemeteries, schools/colleges,hospitals, libraries,parks and trails); • designated Riverway Commercial Farmland, Upland Commer- cial Farmland, or Local Commercial Farmland by the Snoho- mish County comprehensive plan; • designated as a Natural or Conservancy environment by the Snohomish County Shoreline Management Master Program; • located within a 300-foot Chinook Salmon/Bull Trout corridor; • located within a 100-year floodplain; • isolated islands less than 10 acres, except as provided in 9.A.3; and/or • land=.with 5-acre or smaller underlying land use designation and/or zoning,except in cases in which the landowner requests mineral resource designation and the site otherwise meets the criteria in 9.A.1 and 9.A.2. LU-66 Land Use Effective Date February 1,2006 III General Policy Plan Mineral Lands Snohomish County has a wealth of mineral Policies in the 1995 Snohomish County Gen- resources including sand, gravel and bedrock eral Policy Plan directed the county to iden- with additional deposits of precious metals tify and designate an adequate supply of min- located primarily in the mountainous region eral resource deposits to meet the 20-year within the national forest lands.It is the intent projected demand in Snohomish County. In of the county to preserve these resource areas 1997, Snohomish County initiated the min- for future access to the minerals. However, it eral resource lands planning project to fulfill is also the intent of the • 4 ti to is itrt this directive. A Mineral Lands Task Force jacent incompatible uses . , • to balance the was established in 1998 to provide input to resource land needs with those of the sur- the county during the planning process. roundilig rand-Owners ancrtge enviro nment. A geologic inventory was completed in 1999 The mineral resource lands subelement is in- and identification and classification of min- tended to: eral resource lands was completed in 2000 • identify and designate mineral resource after analysis of alternative designation ap- proaches. Associated policy and regulatory lands; measures were then developed and evaluated • ensure that these lands continue to be in a Draft Supplemental Environmental Im- available for mining; pact Statement issued November 21,2001,an • minimize the imacts of mining on the Addendum issued July 5, 2002, and a Final environment, 'comtn mi i'es, and other Supplemental Environmental Impact State- land uses;and ment issued August 6, 2003. Five public • ensure that mining sites are left in a con- workshops were conducted between January dition compatible with subsequent uses. and July,2002. The foundation of the mineral resource lands Public hearings were held by the planning subelement is the goals and requirements of commission in November 2002 and the the GMA (RCW 36.70A), the minimum county council in July and August 2003.Pub- guidelines for classifying resource lands licjiut erreyiew and analy- (WAC 365-190) and the direction provided sis to address land use compatibiTmy, traffic in the 1995 General Policy Plan for detailed impacts and groundwater concerns. In 2004, mineral lands planning. representatives from the mineral resource The Growth Management Act requires coun- industry participated in analysis of the supply ties to identify and conserve natural resource and demand for minerals expected through lands(RCW 36.70A.060). This includes des- 2025 and forecasts of the resulting heavy ignating mineral resource lands that are not truck traffic. already characterized by urban growth and Mineral resource land designation and the that have long-term significance for the ex- associated policies in this subelement are traction of minerals (RCW 36.70A.170). based on: Conservation in this context is intended to maintain such lands for potential mineral ex- • a geologic inventory supplemented traction. Counties must also protect these by parcel specific resource data; lands by ensuring that the use of adjacent • a hierarchical classification of re- lands does not interfere with mineral extrac- sources based on resource quality and tion. (RCW 36.70A.060(1)). quantity; LU-64 Land Use Effective Date February 1,2006 ---/ii/i0 //OM(5/I (1. C. The county conducted a geologic inventory of mineral resources in the county including sand, gravel and bedrock which identified approximately 177,000 acres of these mineral resources of sufficient quality and quantity to be determined feasible for extraction. D. The geologic inventory did not include an inventory of precious metals. Gold and silver deposits are the prevalent precious metals found in the county but their precise location is unknown. Given the geology in Snohomish County, precious metal deposits are generally located in the eastern portion of the county within the boundaries of the national forest and are therefore not subject to pressures from and potential loss due to development. E. To supplement the geologic inventory the county asked owners of designated mineral lands on the 1995 adopted Future Land Use Map to submit information for verification by a geologist to include resources on their property in the geologic inventory. Several landowners responded allowing the county to include additional resource sites, including one mining claim containing precious metals. F. orlapprminately.177;CMacres identifiedaspotential mineral resource land, the > � .,. .+", -t''s:tf';*-�:; ",, ., - acres:.wlere appropriate for j designation asmineral resource lands based on characteristics of the resource, potential for land.use conflicts,environmental impacts and the need to establish a balance between mineral lands, other resource lands and rural areas consistent with RCW 36.70A.070(5), WAC 365-190-070 and policies under Objective LU 9.A in the GPP. G. The county conducted an analysis of supply and demand for mineral resources for the 20-year planning horizon through 2025. Based on this analysis of supply and demand, designation of 131,000 acres for mineral resources far exceeds what is needed to ensure a twenty-year supply. H. To ensure consistency between the elements of the mineral lands conservation program and implement the mineral land policies the county reviewed the related development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060. I. There has been early and continuous public participation in the review of the proposed amendments relating to development standards for mineral resource lands including public meetings (March 4, 9 and 11, 1999; January 8, 10 and 15, 2002; July 9 and 10, 2002), newsletters (February, 1999; Spring 2000; and November, 2001), and Mineral Lands Task Force meetings (25 meetings between July 1998 and May 2003), with additional opportunities for public input during SEPA comment periods and public hearings. Amended Ordinance No.05-083 AMENDING SEVERAL CHAPTERS OF TITLE 30 SCC TO IMPLEMENT THE MINERAL LANDS SUBELEMENT OF THE GROWTH MANAGEMENT COMPREHENSIVE PLAN INCLUDING CHAPTER 30.22 SCC,CHAPTER 30.23 SCC,CHAPTER 30.25 SCC,CHAPTER 30.28 SCC,CHAPTER 30.31D SCC,CHAPTER 30.32C SCC,CHAPTER 30.41A SCC,CHAPTER 30.41B SCC CHAPTER 30.41C SCC,CHAPTER 30.64 SCC,CHAPTER 30.66B SCC AND CHAPTER 30.91 SCC Page 8 of 81 i must be at least 30 feet from all property lines. (20) Storage structure over 1,000 square feet on less than three acres: The building must be a -ast 15 fe- from any = ernal pr• _ -rty line. (21) Stu•'•: All bui in•s must • - at least t feet fro an other lot • a residential, m iple-fa , or rural z• e. The h- -ring exa l ner may r- • re an additional - •ack di -nce when - -ssary to aintain .mpatibility o he proposed building , h resid- tial uses on .djoining pr• • -dies. (2,l Swimming or Wading Pool: The pool must be at leas ve feet from any property line. (23) Tavern: The use must be at least 500 feet from the external property lines of all public school grounds and public parks or playgrounds. (24) Utility Structures: All structures must be at least 20 feet from any other lot in a residential zone. ~125) Excavation and Processing of Minerals: (a) Minimum setbacks, as measured from the nearest edge of active mining or processing, shall be established as follows: (i) Distance from property line: 50 feet; (ii) Distance from any public street or right-of-way: 50 feet; (iii) Distance from residences: 100 feet, provided that the residence is located on a site(s)designated and zoned for residential use; (iv) Distance from parks, schools, hospitals and/or libraries in existence at the time of permit application: %mile (1,320 ft); (v) Distance from UGA boundary: ' mile (1,320 ft) (b) No mining, processing or permanent buildings shall be located within the setback. (c) Structures or buildings associated with mineral operations shall be located at least 100 feet from a developed residential property line. ‘J f.'1 Section 11. A new section is added to Chapter 30.25 SCC to read: /, � 30.25.026 Excavation and Processing of Minerals Whenever property developed for excavation is adjacent to developed residential - - r; property, public roads, streets or highways, streams, lakes, or other public installations, there shall be installed and maintained or cultivated in addition to any required fence, a view-obscuring planting screen at least 50 feet in width, in a location to be determined by the approval authority. A planting screen shall be shrubs, bushes, or trees which shall be selected to be evergreen, indigenous, fast-growing, compatible with the soil, and on the basis of size, form, and minimum maintenance requirements. The planting screen shall be planted according to acceptable practice in good soil, irrigated as necessary, and maintained in a good condition at all times at the expense of the operator. A required view-obscuring planting screen shall be installed as a yard improvement at or before the time excavation operations commence or within a Amended Ordinance No.05-083 AMENDING SEVERAL CHAPTERS OF TITLE 30 SCC TO IMPLEMENT THE MINERAL LANDS SUBELEMENT OF THE GROWTH MANAGEMENT COMPREHENSIVE PLAN INCLUDING CHAPTER 30.22 SCC,CHAPTER 30.23 SCC,CHAPTER 30.25 SCC,CHAPTER 30.28 SCC,CHAPTER 30.31D SCC,CHAPTER 30.32C SCC,CHAPTER 30.41A SCC,CHAPTER 30.41B SCC CHAPTER 30.41C SCC,CHAPTER 30.64 SCC,CHAPTER 30.668 SCC AND CHAPTER 30.91 SCC Page 57 of 81 d /Vd 14(si' • • 1 , ; fef . „.. reasonable time as determined by the approval authority, giving due consideration of local planting conditions. A view-obscuring fence may also be required by the department on the interior edge of the planting screen and if required, shall satisfy the requirement of SCC 30.310.100(4). Section 12. Snohomish County Code Section 30.28.035, adopted by Amended Ordinance No. 02-064 on December 9, 2002, is repealed. Section 13. Snohomish County Code Section 30.310.010, adopted by Amended Ordinance No. 02-064 on December 9, 2002, is amended to read: 30.31 D.010 Purpose and applicability. (1) The purpose of this chapter is to provide standards for excavation and processing of minerals and ensure that minera excava ion, processing an transport are con•uc consis ent with the public health, safety and general welfare. (2) Excavation and processing of minerals: (a) This use shall allow only the primary reduction, treatment, and processing of minerals and materials, together with any necessary accessory buildings. (b) At least one of the major mineral or material constituents being exploited shall be from the property on which the mineral operations are proposing to locate. (c) Allowed uses shall include, but not be limited to. extraction, excavation. washing, crushing, stock piling, blasting. transporting, recycling, concrete batching, asphalt mixing, and the manufacturing of terra cotta, tile, brick, and concrete products. (d) lotus° dle erv ' land u ( xcavation and processing of minerals is allowed only on mineral resource lands designated in the comprehensive plan, lands zoned Mineral Conservation (MC) or mining claims officially recognized by the state or federal government and recorded with the auditor, with the exception of: (a) The extraction and processing of rock and gravel exclusively for forest practices shall be permitted in the Forestry (F) zone pursuant to chapter 76.09 RCW. (b) Existing, legally established non-conforming mineral operations will be allowed to continue subject to the provisions and requirements of chapter 30.28 SCC. (c) Expansion of existing legally established mineral operations onto adjacent undesignated land where a portion of the existing site has been designated mineral resource land or zoned MC. Amended Ordinance No.05-083 AMENDING SEVERAL CHAPTERS OF TITLE 30 SCC TO IMPLEMENT THE MINERAL LANDS SUBELEMENT OF THE GROWTH MANAGEMENT COMPREHENSIVE PLAN INCLUDING CHAPTER 30.22 SCC,CHAPTER 30.23 SCC,CHAPTER 30.25 SCC,CHAPTER 30.28 SCC,CHAPTER 30.31D SCC,CHAPTER 30.32C SCC,CHAPTER 30.41A SCC,CHAPTER 30.41B SCC CHAPTER 30.41C SCC,CHAPTER 30.64 SCC,CHAPTER 30.668 SCC AND CHAPTER 30.91 SCC Page 58 of 81 SM1 /1°1S1(S. plan. This three month period shall not be assumed to include time between projects or times when the plan is temporarily inoperative due to economic, weather, or other similar conditions recognized as reasonable by the hearing examiner. Such temporary discontinuance of operations shall not be the cause for removal of equipment; (3) Ateltatadkff WerafiCIFIS and,truckingdirectly related to such operations may be permitted only between the hours of 7:00 a.m. and 5:30 m., Monday through g'aturday, unless the hearing-examineF approval authorRffetermines at a-eublic hearing that no nuisance exists, or that unusual and justifying circumstances are present, in which case the relaxation of this regulation shall terminate when such conditions and circumstances are deemed by the hearing-examiner approval authority to no longer exist; (4) If property to be developed for excavation has an exterior boundary line which shares a common property line with developed property, or if in the judgment of the hearing-examiner approval authority, the nature and location of the operation is such as to constitute a hazard to public safety, then a solid wall or fence at least five feet in height shall be installed and maintained at least 50 feet from the excavated area. All openings in the fence shall be barred by locked gates when the permittee or the permittee's agent are not on the premises; (5) The area shall be posted with signs having letters at least three inches high and two inches wide, giving clear warning of the dangerous conditions resulting from the excavation. The signs shall be not more than 50 feet apart around the periphery of the subject property and shall be maintained in good repair until excavation and reclamation operations are completed; and (6) One copy of approved excavation and reclamation plans and specifications for reclamation of excavations not regulated by the state pursuant to Chapter 78.44 RCW shall be kept on the site at all times during the progress of the excavation operation. (7) In no case shall mineral operations impair lateral support or cause earth movements or erosion to extend beyond the exterior boundary lines of property being excavated. (8) Impacts resulting from traffic generated by mineral operations shall be addressed pursuant to chapter 30.66B SCC. Section 18. Snohomish County Code Section 30.310.110, adopted by Amended Ordinance No. 02-064 on December 9, 2002, is amended to read: 30.31D.110 Landscapingrplanting-acreen-. = • , - - - • - • - -, - = - - - -, Amended Ordinance No.05-083 AMENDING SEVERAL CHAPTERS OF TITLE 30 SCC TO IMPLEMENT THE MINERAL LANDS SUBELEMENT OF THE GROWTH MANAGEMENT COMPREHENSIVE PLAN INCLUDING CHAPTER 30.22 SCC,CHAPTER 30.23 SCC,CHAPTER 30.25 SCC,CHAPTER 30.28 SCC,CHAPTER 30.31D SCC,CHAPTER 30.32C SCC,CHAPTER 30.41A SCC,CHAPTER 30.41B SCC CHAPTER 30.41C SCC,CHAPTER 30.64 SCC,CHAPTER 30.66B SCC AND CHAPTER 30.91 SCC Page 62 of 81 $ //o /4y Section 27. Snohomish County Code Section 30.31 D.220, adopted by Amended Ordinance No. 02-064 on December 9, 2002, is amended to read: 30.31 D.220 Additional conditions. Additional conditions may be established or imposed on an administrative conditional use permit or a conditional use permit for excavation and processing of minerals and may include, but are not limited to, the following: (1) Regulation of the height and location of all equipment installed on the site, above and beyond the setback restrictions of this chapter,ft unusual circumstances bearing on public safety or other vital concerns are deemed to exist; (z) t ne number ana locations ot points ot ingress and egress to and from any mining operation; (3) Wherever possible the operator shall schedule his excavation sequence in such a manner as to provide either natural or reclaimed buffers between the operation and adjoining properties; (4) Lighting to minimize visibility from adjacent property and preclude it from shining directly onto adjoining property; (5) Stockpiles and tailings shall not exceed the height, slope and moisture content limits determined by the hearing examiner, nor shall such stockpiles or tailings be so located as to threaten adjacent slopes or properties. In making this determination, the hewing-examiner-approval authority may consult with the Washington State Department of Transportation, the Department of Natural Resources, the director of the department of public works, or other authoritative sources; (6) Selective cutting of timber in power line corridors; (7) Control of signs; (8) The selection of building materials in scenic areas; (9) The preservation of animal trails by use of trestle and culverts; (10) Public access to unexcavated areas , especially if the areas include waterfront property; (11) Closed aggregate washing systems; (12) The location of mining towns, mills, tailing dump sites, settling ponds; and (13) The removal of access roads in wilderness areas after the completion of mining, as well as their restriction from public use during such operations:;, (14) Provisions for groundwater testing; (15) The establishment of a haul route agreement: and (16) Reeei ed**partitiaatfion in a monitoring program. Section 28. Snohomish County Code Section 30.31D.240, adopted by Amended Ordinance No. 02-064 on December 9, 2002, is amended to read: 30.31 D.240 Suspension and/or Revocation of approval. Amended Ordinance No.05-083 AMENDING SEVERAL CHAPTERS OF TITLE 30 SCC TO IMPLEMENT THE MINERAL LANDS SUBELEMENT OF THE GROWTH MANAGEMENT COMPREHENSIVE PLAN INCLUDING CHAPTER 30.22 SCC,CHAPTER 30.23 SCC,CHAPTER 30.25 SCC,CHAPTER 30.28 SCC,CHAPTER 30.310 SCC,CHAPTER 30.32C SCC,CHAPTER 30.41A SCC,CHAPTER 30.41B SCC CHAPTER 30.41C SCC,CHAPTER 30.64 SCC,CHAPTER 30.66B SCC AND CHAPTER 30.91 SCC Page 66 of 81 / (5i/ Forest Land Designation Criteria NR.1.6 Lands meeting the following criteria shall be designated as Spokane County Forest Resource Lands of Long-term Commercial Significance. a) Property currently assessed for tax purposes as forest land or timberland pursuant to Chapter 84.28, 84.34 RCW. b) Private forest land grades of the Department of Revenue(WAC 458-40-530). In Spokane County land grades of 5 and 6 and operability classes of 1,2 and 3 are considered for designation. c) Forest land designations shall be located outside of the Urban Growth Area (UGA). d) Designated areas shall consist of a minimum contiguous area of greater than 640 acres (not continuous ownership). This means that areas which meet the criteria will not be designated as forest land unless the total area is greater than 640 acres in size. e) Contiguous areas of land fewer than 640 acres that do not meet the designation criteria but are surrounded by designated forest land may be designated as forest land. f) State and county parkland will not be designated as forest land, but will be used to meet the minimum contiguous area threshold of greater than 640 acres. g) Department of Natural Resources(DNR) ownerships that are devoted to timber production and are located adjacent to designated forest lands. h) Forest land should not be designated within smoke-control zones, no-bum areas, PM 10-nonattainment areas or CO non-attainment areas, as defined by the Spokane County Air Pollution Control Authority. j) Areas considered for inclusion in the Forestry Designation shall have predominant existing parcels of 40 acres or larger. Mineral Land Designation Criteria NR.1.7 Mineral Resource Lands of long-term commercial significance should be designated on official maps and adopted by the Board of County Commissioners through a comprehensive planning process. Mining shall be allowed on lands not meeting natural resource designation criteria if environmental protection and compatibility with adjacent land uses is assured. NR.1.8 Mineral Resource Lands of long-term commercial significance should meet all of the following criteria: a) In Spokane County, the commercially important minerals are sand, gravel, 4 rock or clay. Mineral resource land designations " should be made where these minerals are known to exist. The Spokane County Mineral Resource Map should be used as a tool to help identify additional sites to help meet future demand. b) Mineral resource land designations should be located in areas with compatible land uses, such as mining, industry, agriculture,forestry, vacant or large-lot residential(less than 1 dwelling unit per 5 acres). Mitigation of Spokane County Comprehensive Plan NR-4 Natural Resource Lands (410• adverse impacts from mining on adjacent property shall be a prime designation criterion. c) Mineral resource land designations should be 20 acres or more in size. d) Mineral land designations should have a minimum deposit size of approximately 500,000 cubic yards for sand, gravel and rock, and approximately 200,000 cubic yards for blend sand. e) Mineral resource land designations shall not occur on lands with wetlands, riparian areas, geological hazard or threatened or endangered species unless impacts can be adequately mitigated. f) Mineral resource land designations shall have adequate access for trucks. Access shall not be through a residential neighborhood. Amending NRL Designations NR.1.9 Designation criteria and mapped boundaries for natural resource lands shall only be revised through a comprehensive plan amendment. Changes in designations will be based on one or more of the following criteria: a) A change in circumstances pertaining to the Comprehensive Plan or public policy. b) A change in circumstances beyond the control of the landowner pertaining to the subject property. c) An error in designation. d) New information on natural resource land or critical area status. e) Use of innovative land use management techniques. f) Land subdivisions within natural resource lands that are created subsequent to the adoption of this Comprehensive Plan shall not be considered as a basis for amending NRL designations. Governmental Services in Natural Resource Lands Governmental services in natural resource areas should include only those services necessary to support the production of food and fiber and the extraction of minerals. If higher levels of service are provided, residential uses will be encouraged to locate in resource areas. Experience has shown that proliferation of residential uses in >;. resource areas will inevitably lead to the demise of the resource activities The government services that are appropriate in resource land areas include volunteer fire departments, minimal police protection and rural roads designed for transporting commodities and i equipment. Goal NR.2 Provide a level of governmental service consistent with long-term preservation and protection of natural resource lands. Spokane County Comprehensive Plan NR-5 Natural Resource Lands and agriculture land designations is discouraged unless those land uses create the need for additional public services. NR.4.6 Designated resource land taxes should be based on current use for property committed to resource use rather than highest use. Innovative Techniques NR.4.7 Work with other jurisdictions to develop and implement regionally consistent incentive- based programs such as Transfer of Development Rights (TDR)to promote good stewardship and protect natural resource lands. NR.4.8 Support the use of conservation easements, conservation futures and other methods to conserve and protect working landscapes, open space and environmentally sensitive areas. Forest Land Policies NR.4.9 Encourage the continuation of commercial forest management by: a) Supporting land trades that will result in consolidated forest ownership. b) Working with forest managers to identify and develop other incentives for continued forestry. NR.4.10 The impact to the local economy and local revenue programs should be considered prior to the conversion of commercial forest land to other uses. Mineral Land Policies NR.4.11 Recognize that mineral resources are site-specific and not subject to relocation. NR.4.12 Mining shall be allowed on rural lands as well as lands designated as mineral and other natural resource lands if environmental protection and compatibility with adjacent land uses is assured. NR.4.13 Encourage local regulations to control environmental impacts of mining operations. NR.4.14 Approval of proposed mining operations will include conditions that a) The extraction proposal meets all applicable zoning requirements; b) The proposed extraction operation is buffered from existing or potential developments within the vicinity of the proposed operation; c) A permit, which includes a reclamation plan and performance bond, is obtained through the Washington State Department of Natural Resources; d) Provide for protection of groundwater and surface water, including wetlands, during and after operation; e) Mining shall not be allowed to penetrate the elevation 10 feet above the highest known elevation of an aquifer; f) The monitoring and clean-up of contaminants should be ongoing; g) A permit, when applicable, from DOE for coverage under the Sand and Gravel General Permit. Spokane County Comprehensive Plan NR-12 Natural Resource Lands Revised April 25,2 3. Landfill—Inert Waste Disposal Facility a. The minimum lot area is 10 acres. b. The minimum distance of disposal operations shall be 300 feet from existing residences. This distance may be reduced provided the adjacent property owner signs a waiver agreeing to the reduction in the minimum distance. c. The applicant shall submit for approval a site reclamation plan and the site shall be rehabilitated consistent with the plan consistent after disposal terminates. d. Compliance with the standards of the Spokane Regional Health District and the state criteria for inert landfills adopted pursuant to WAC 173-350-410. e. The use shall be subject to restrictions and conditions, as may be imposed by the Hearing Examiner under chapter 14.404. f. The conditional use permit may be revoked by the Hearing Examiner if the operation is found in violation of any local, state or federal regulation related to the inert landfill operation. 4. Sewage sludge land application(for agricultural, beneficial purposes). a. The minimum lot area for application is 5 acres. b. The minimum distance from any application area to the nearest existing residence, other than the owner's, shall be 200 feet. c. The use shall be subject to restrictions and conditions,as may be imposed by the Hearing Examiner under chapter 14.404. 5. Wireless communication support tower, provided that: a. The tower complies with the requirements of chapter 14.822,Wireless Communication Facilities. b. The use shall be subject to restrictions and conditions,as may be imposed by the Hearing Examiner under chapter 14.404. 14.620.240 Mining Operations Conditions for the approval of a proposed mining operation include but are not necessarily limited to the following: 1. The extraction proposal meets all applicable zoning requirements. 2. The proposed extraction operation is buffered from existing or potential developments within the vicinity of the proposed operation. 3. An applicant shall prepare and provide an acceptable reclamation plan to the Washington State Department of Natural Resources(DNR)prior to obtaining a reclamation permit. The plan shall be prepared with the standards set forth in RCW 78.44. DNR shall have the sole authority to approve reclamation plans. 4. After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from DNR. The permit holder shall comply with the provisions of the reclamation permit unless waived and explained in writing by DNR. 5. Provide for protection of groundwater and surface water, including wetlands,during and after operation. 6. Mining shall not be allowed to penetrate the elevation 20 feet above the highest known elevation of an aquifer within the Spokane Valley-Rathdrum Prairie Aquifer area. 7. The monitoring and clean up of contaminants should be ongoing. 8. A sand and gravel permit shall be obtained,when applicable,from the Washington State Department of Ecology. 9. A sufficient amount of topsoil or suitable material shall be retained on-site for revegetation/rehabilitation purposes. 10. The operators shall comply with all existing water quality monitoring regulations of the Washington State Department of Ecology and the Spokane County Health District. Spokane County Page 620-4 Mineral Lands Zoning Code Chapter 14.620 NATURAL RESOURCE LANDS Thurston County Comprehensive Plan The policies also specify that mineral extraction sites should be restored as mining occurs. Existing, non-operating or abandoned mining sites pose a concern to many county residents because they may leave aquifers vulnerably exposed, and invite illegal waste dumping. The action recommendations also seek to address the problem of these non- operating sites. The policies recognize the necessity for mineral extraction to be located in rural areas of the county with low population densities or in industrial-zoned areas. The movement of large amounts of mineral resource necessitates good roads capable of handling significant numbers of heavily-loaded trucks. Loaded trucks en route from the extraction site may lose a very small but potentially hazardous portion of their load,and track dirt or mud onto public roadways. Therefore, the policies also respond to the need for better prevention of such mining impacts on county residents. Designating Mineral Resources of Long-Term Commercial Significance: Section 17 of the Growth Management Act states that "...each county...shall designate where appropriate...mineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals." The Act defines "minerals" as gravel, sand, and valuable metallic substances. Other minerals may be designated as appropriate. Section 6 of the Act states that "...each county...shall adopt development regulations...to assure the conservation of...mineral resource lands designated under Section 17 of this Act" Within Thurston County, minerals of potentially long-term commercial significance include sand and gravel deposits, coal deposits (Centralia mine), and a few rock resources, such as columnar basalt(shot rock)and sandstone. Basalt"shot rock"is important for highway construction and flood control(rip rap),and the sandstone quarries at Tenino have provided valuable building material for the State Capitol and other structures around the County. There are no known valuable metallic minerals within the County. Protecting these mineral deposits of long-term commercial significance for mining use is an important goal of the policies,as is preventing residential and other incompatible uses from locating adjacent to these deposits. The county recognizes that a mining operator's hauling distance to the resource user is an important factor to its economic viability. However,the policies also provide that mining activity should not encroach on existing residential uses nor adversely affect the environment. In addition, signmcant geologic features, including mima mounds, should not be used for mining purposes. Additional significant geologic features may be identified by future study. Prime and unique farmland (as defined by the Natural Resources Conservation Service) should not be used for mining purposes unless they can be restored to their original production capacity as mining occurs. To determine the location of mineral resource lands of long-term commercial significance, the County applies the criteria in the Washington State Department of Community, Trade and Economic Development's(CTED)"Minimum Guidelines to Classify Agriculture, Forest, Mineral Lands, and Critical Areas." Based on the CTED Guidelines, the County has 3 - 14 • Thurston County Comprehensive Plan NATURAL RESOURCE LANDS developed the following criteria to designate mineral resource lands of long-term commercial significance. 1. Mineral Deposits. Existing deposits consist of sand and gravel, coal, sandstone, basalt,or other igneous rock, based on U.S. Geological Survey maps or site-specific information prepared by a geologist,or as indicated by State Department of Natural Resources (DNR) mining permit data. 2. Location. Mineral resource lands are located outside public parks and preserves, rand at least 1,000 feet from urban growth areas and rural residential areas with existing densities predominantly one dwelling unit per five acres or hi9her, in orde4 to minimize land use conflicts during the long-term operation of the mine. 3. Minimum Area Width. The minimum area width is 500 feet for sand and gravel, coal, and basalt, which allows for 100-foot setbacks and a 300-foot width for the working site and reclamation. 4. Marketability. Mineral resource lands contain non-strategic minerals which are minable, recoverable and marketable in the present or foreseeable future(50 years). 5. Minimum Value. The resource value over the life of the mine must exceed certain thresholds. The minimum threshold values in 1990 equivalent dollars are as follows: a. Construction materials: $5,000,000. b. Quarried rock: $1,000,000. c. Industrial and chemical mineral materials: $1,000,000. d. Metallic and rare minerals: $500,000. e. Non-fluid mineral fuels: $1,000,000. Mining operations meeting the above criteria,and which have all legally required permits at the onset of the extraction operation are designated as long-term commercially significant. Mining operations that meet the criteria above may apply for designation status concurrently with application for a Special Use Permit under the Zoning Ordinance. In addition,the County may,through a Comprehensive Plan Amendment process,designate additional mineral lands of long-term commercial significance without requiring an active Special Use Permit.This type of designation does not consider site-specific environmental impacts,which are reviewed at the permitting stage. Such designation does not guarantee or forecast that a permit for mineral extraction will be granted. Such designation should not be used as a basis for granting a special use permit. Mine operators must go through all required review and permitting prior to beginning any mining activity on designated land. Map M-43 identifies the mining sites meeting the designation criteria, although this map is 3 - 15 • NATURAL RESOURCE LANDS Thurston County Comprehensive Plan GOAL 6: RURAL FOREST LANDS ENROLLED IN A CURRENT USE TAX ASSESSMENT PROGRAM SHOULD BE PROTECTED FROM PRESSURES TO CONVERT TO OTHER USES. OBJECTIVE A: Provide measures to protect owners of rural forest lands from development pressures. POLICIES: 1. Development regulations should accommodate and encourage clustering of residential development on rural lands adjacent to rural forest lands. The open space in clustered development should buffer rural forest land from development. 2. Land use activities adjacent to forest land in rural areas should be sited and designed to minimize conflicts with forest management and other permitted activities on forest land. ACTION NEEDS FOR OBJECTIVE A: 1. The County should study the impacts of cluster development on forest lands to ensure that clustering is achieving the intended benefits of minimizing impacts to resource industries and enhancing rural character. GOAL 7: MINERAL RESOURCE LANDS OF LONG-TERM COMMERCIAL SIGNIFICANCE SHOULD BE ALLOWED TO BE USED BY EXTRACTION INDUSTRIES, WITH MINIMAL HARM TO THE ENVIRONMENT. OBJECTIVE A: The county should provide regulatory mechanisms that balance and minimize the conflicts between extractive industries, other land uses, and general environmental concerns. POLICIES: 1. Mineral extraction industries should be allowed to locate where prime natural resource deposits exist. 2. Designated mineral resource lands of long-term commercial significance should be conserved for mineral extraction, and the use of adjacent lands should not interfere with the continued use of the designated mining sites that are being operated in accordance with applicable best management practices and other laws and regulations. 3 - 26 tl NATURAL RESOURCE LANDS Thurston County Comprehensive Platt 2. The County should provide the necessary staff resources to regularly monitor all mines for compliance with the Mheral atrrxikxt Ctxte,` as called for in the regutatfahs. 3. The County should consider raising annual registration fees for mines in ems to cover monitoring costs._ 4. Define and identify significant geologic features that should not be altered by mining activities. 5. Investigate the problems associated with non-operating and non permitted mining sites and work with the appropriate state agencies to resolve such problems. 6. Work with mineral extraction operators in the county to develop a "good neighbor" relationship, for example, by encouraging operators to voluntarily provide a resource use notice to nearby landowners 7. Change the resource use rxriice provision to apply to building and development permits within ?,000 feet 9f designated mineral lands. Consider expanding this noticing provision to additional properties if warranted by the Special Use Permit conditions. 8. In order to ensure maximum protection of public health and safety and the environment, the County should conduct further studies on the health impacts of mining and accessory uses, including asphalt plants and concrete plants, the creation of lakes from mining operations, and other impacts to sensitive areas located near mining sites. Future designations of mineral lands should take this information into account. 9. ,c ri .•` ;s reeve/fate the minimum setbacks from residential arcs :_, ' : r 1neral Ekfrair Cbde to ensure adequate protection of public health and safety. 3 - 28 11IICraal 1C@suur..e i.alIUS labuc rapci auu 1,6..4.AP■,...1..,,...6.....,,.. ....�,«..._...__...-..—a--.--°------ .c-r--- ----- ---... (/1 ,. 3 4 Issue Paper on Mineral Lands INTRODUCTION AND PURPOSE OF THiS REPORT This paper addresses the issue of mineral resource land under the Growth Management Act (GMA). The GMA requires counties and cities to designate mineral lands and then those counties and cities planning under the GMA must assure the conservation of these resources. In addition, local governments planning under GMA are required to adopt regulations to prevent interference with the continued use of mineral lands and the extraction of minerals from these lands. However, some believe that in practice, designation of mineral resource lands may not have met its intended goals. The aggregate industry is concerned that designation of mineral lands does not provide for the future extraction and processing of aggregate resources on designated lands. Citizens are concerned with the designation process because designation is being n or environmental review of its potential impacts. Local completed without sufficient information p p p governments are frustrated because many lack the environmental information necessary for designating mineral lands, adequate funding to accomplish this, and regulations necessary to effectively regulate mineral lands. BACKGROUND Legislature/Governor/Land Use Study Commission The 1997 Legislature adopted a bill (EHB 1472) to address the designation, production and conservation, of adequate sources of minerals. The Governor vetoed the bill because he believed it went too far in limiting the rights of concerned cif`1zens comrnunitiies and focal~ governments to address fullyffie impacts of gravel mines and gravef mmmg ope only In the Governor's veto letter, Governor Locke directed the Land Use Study-Commission to bring by encroaching on the land se authotrity of focal governments is and the closure to this issue b providing a recommendation on how gave} operations without e ri hti>bf ncemed citizens and communfies._ Mineral Lands Advisory Committee The Land Use Study Commission created a Mineral Lands Advisory Committee with environmental, citizen, business, and local and state government representatives to work on these issues. The Committee held seven meetings incorporating informational presentations from local government, state agencies, citizens and the aggregate industry. The Committee focused their discussions on eight topic areas including: the designation of mineral lands, economics of mining, mining operations, supply of mineral resources, environmental impacts, regulations and permitting, public/government/industry interface, and aggregate mining in rivers. The issues of the highest concern to the Mineral Lands Committee are expressed in its mission statement. The committee's mission statement is: To ensure predictability and consistency in mineral resource development by providing recommendations for the designation of mineral resource lands including the identification of anticipated uses t of 7 8/26/2008 3:10 PM Mineral Resource Lands Issue Paper and Recommendations http://vvww.cted.wa.gov/landuse/issue_papers/minerallands • ap... which balance environmental and community concerns, industry needs, resource conservation, public interest, legal and legislative requirements. Designation does not preclude site specific analysis leading to approval or denial of a permit. Designation should ensure that adjoining incompatible land uses shall be discouraged. Growth Management Act and Mineral Lands The designation and conservation of natural resource lands is required by the 1990 Washington State Growth Management Act to assure the long-term commercial production of agricultural, forestry and mineral resources, Mineral resource lands, which includes gravel, sand and valuable metallic substances, are classified using criteria in the Minimum Guidelines To Classify Agriculture, Forest, Mineral Lands and Critical Areas (WAC 365-190-070). The Minimum Guidelines help local governments to evaluate the type, quality, and extent of mineral resource lands needed to ensure an adequate future supply while ma'• - •'• • a ba ance of other Ian• uses. pecia a'en ion may inc • - " • ' ica ion o property owners within 300 feet surrounding a designated mining site. The classification criterion is based on geologic, environmental and economic factors, existing land uses and land ownership. The guidelines offer that information on location and extent of mineral deposits can be obtained from the Washington State Department of Natural Resources (DNR) and the United States Bureau of Mines. Jurisdictions also must consider classifying known and potential mineral deposits so that access to mineral resources of long-term commercial significance is considered during development of comprehensive plans. The effects _of mineral lands proximity to po eas and the possibility of more intense uses of land is also a factor when classifying mineral resource Ian s. Currently, there are 35 counties who have met the GMA requirements for designating resource lands and four counties remain out of compliance. From 1993 through 1996 there were seven hearings board cases relating to mineral lands filed against seven counties, including three with the Western Washington Growth Management Hearings Board; two with the Central Puget Sound Growth Management Hearings Board and two with the Eastern Growth Management Hearings Board. Decisions of some of the mineral lands hearings board cases include the following issues: Adjacent land uses must not interfere with the continued use of mineral lands (Jefferson Co.) The protection of mineral lands from encroachment from adjacent land uses (Chelan Co.) An order requiring the County to designate natural resource land and conserve mineral deposits for long term resource extraction (Skagit Co.) Elimination of the prohibition on mining within the 100 year floodplain and adopt development regulations that prevent incompatible uses from encroachment. (Clark Co.) Counties are not required to designate all mineral lands. (King County) 2 of 8/26/2008 3:10 PM {YfLLti XU loan J 1 _papctaatttutcitu_numb IJ1llC_pitP... Project Review and Permitting Regulatory reform efforts in Washington State have resulted in changes for how local government process permits and how appeals to land use decisions can be made. Central to the land use permitting review processes outlined in SEPA and GMA is the use of substantive SEPA environmental review at the planning level and, where appropriate, additional site-specific environmental review at the project permitting level. Another important feature in project review is that fundamental land use planning choices made in adopted comprehensive plans and development regulations serve as the foundation for project review. RCW 36.70B.030 (3) stipulates that during project review, the local government or any subsequent reviewing body shall not reanalyze these land use planning decisions in making a permit decision. While fundamental land use designations must not be changed at the project permitting level, nothing in this chapter limits the authority of a permitting agency to approve, condition, or deny a project permit. One area of concern expressed by the aggregate industry is that once mineral lands are designated, local governments do not always have subsequent conforming zoning or development regulations adopted. Local governments understands this concern, but expressed that the law requires zoning be brought into compliance with the comprehensive plans. A problem exists for some jurisdictions where development regulations that regulate mining have not been adopted. Environmental review is not occurring at the designation stage of planning primarily because of a lack of funding. As a result of this, site specific environmental review under SEPA occurs only at the permitting level. Jurisdictions must rely on their adopted development regulations to identify potential mitigation or conditions during operations, and lacking the adoption of such regulations, the mining industry lacks the certainty they assumed was promised by land being designated as mineral lands of long-term significance. . The Mineral Lands Advisory Committee spent many meetings discussing this situation and acknowledge that additional technical assistance to local governments in the form of a comprehensive model ordinance could serve as an effective framework for permitting gperation As part of the designation process, local governments must also have an understanding of what potential environmental impacts can be anticipated so that adjacent land uses can be appropriately zoned. If environmental review is to take place at the early planning and designation process, as envisioned by regulatory reform, then local governments need additional state technical assistance and funding to accomplish this. The Aggregate Industry Rock, sand, and gravel products that are used in construction make up the majority of the mineral industry in Washington. This aggregate material must be excavated, sorted, crushed, washed, and/or stockpiled before a rock resource can be transformed into a product that meets the specifications for road and building construction. This processed material must then be transported, usually by truck, to the site of use. Operations such as mining, crushing and washing are an integral part of the aggregate industry. Batch plants, where asphalt or concrete is mixed with the processed rock for uses in construction, crushing and recycling of used concrete and asphalt for the contained rock, are normally best done where the rock material is proces ed. However, while most counties alo excavation on designated mineral resource lands, the primary operational functions are ofte of 7 8/26!2008 3:10 PM only permitted as a conditional use or in some cases not permitted at all. .,; ISSUE DISCUSSION ISSUE 1: Resource Information for Designation of Mineral Resource Lands The committee observed that an obstacle in complying with the Growth Management Act is the lack of information or knowledge of geology and mining practices necessary to designate all mineral lands of long-term commercial significance and to assess requests by industry to designate new sites. Mineral resources are most easily identified through existing mineral operations and where known aggregate resources are located. There is limited information on where new aggregate resources are located. The GMA rules suggest local governments contact the Department of Natural Resources and the United States Bureau of Mines (Bureau of Mines) for information on location of known mineral lands. Unfortunately, the DNR information is incomplete and focuses principally on information about metallic minerals locations and to a much lesser extent on aggregate resources. The Bureau of Mines information was derived from information provided by the DNR, so this information doesn't provide any additional help to local governments. The Committee discussed Brent tools that could provide necessary information to make wise decisions on designating and using mineral lands. RECOMMENDATION 1: Develop a Geographic Information System Map of Washington The Mineral Lands Advisory Committee agreed that it is necessary that the Department of Natural Resources along with other state agencies develop a Geographic Information System (GIS) map with appropriate attributes to describe the sand, gravel, and quarried rock resources of Washington. Use of the GiS provides for the incorporation of data generated in the earlier phases of growth management planning, maps by the U.S. Geologic Survey and the former Bureau of Mines. The intended use of a geographic information is to identify aggregate deposits. Each county can access such information. The state should be recognized as an official source for this information. The committee recognized that without appropriate funding, this proposal will not occur. A comprehensive GIS layer for mineral resources would cost about $351,000 over three years. State agencies, such as CTED, DNR, DOT and DOE should work collaboratively in developing this information. It would require a new State General Fund appropriation. ISSUE 2: Pre-Designation: Environmental Review for Designation Issue Environmental review under the State Environmental Policy Act should be done before mineral resource lands are designated by local government. This environmental review should inform both the community and the potential mine operator of the possible impacts and mitigation associated with mining and ancillary operations on designated mineral resource lands. Where information is not duplicative or where information gaps may occur, site specific environmental review should be provided at the project permitting level. RECOMMENDATION 2: Programmatic Environmental impact Statement for Aggregate Mining i of 7 8/26/2008 3:10 PM The Mineral Lands Committee suggests that a Programmatic Environmental Impact Statemer, 3i?)4 (PEIS) would be an important tool for assisting local governments in quan i igif ei of of ruing and processing sari•, grave ,an• quarn- • roc . 'a er a ' • - _ ' • new research, this PETS would be a compilation o-f existing environmental information. Such information can be found in existing environmental documents and other studies that have been written as part of the permitting process for mines. PEIS is designed to work in conjunction with site specific environmental review under SEPA. Because DNR is able to produce a compilation of data from existing sources rather than to develop new or site-specific information, the PETS can be developed at relatively low cost. DNR estimates this expense to be about$330,000, which would require a new State General Fund appropriation. Recognizing a statewide value in developing this document, an agreement was reached among all parties to support full funding of this effort by the state. ISSUE 3: Post Designation: Local Government Regulation of Mining Operations 3a. The Committee identified a need for a set of guidelines that would provide local government, citizens and the mining industry with certainty in how operations are regulated. A prototype for local regulation of mining operations, in the form of a model ordinance, could be an effective tool to meet this need. A model ordinance would provide a basic structure, with modifications to meet local needs, for f e`reg`uTa ion-of-Mineral land operations. 3b. Another post designation issue identified by local government was a need for reclamation plans, approved by the DNR, to be consistent with subsequent land uses identified in locally adopted comprehensive plans and conditions of permit approval. By law, authority over restoration plans is vested with the DNR, while authority to approve the general permit vests with local government. RECOMMENDATION 3a: Develop a Model Ordinance for Mining Sand, Gravel, and Quarried Rock A model ordinance will provide a streamlined way for local governments to adopt practical mining regulations that are fair and offer a level of statewide consistency sought by industry. The Mineral Lands Advisory Committee recommends that the Washington State Association of Counties work with all interested state agencies, appoint and staff a Mining Model Ordinance Committee to develop a model ordinance for local regulation of mining operations as defrnedn RCW 78.44.031(8). This Model Ordinance Committee will evelop a model ordinance that can be used by local governments in the permitting of operations. The composition of the committee will be a balanced, representative group made up of state and local government, citizey�, and industry. Funding for this process and subsequent Model Ordinance could possibly be funded through a mixture of local government funds and existing state funds. This will be a one-year process, which will result in a report to an appropriate state legislative committee, appropriate guidebooks, and a model ordinance. The information can be distributed statewide through workshops and to local governments, citizens and industry in the local permitting process. RECOMMENDATION 3b: Reclamation Plans and Consistency with Comprehensive Plans While a consensus was not reached among the members of the Committee on how to best resolve this issue, a majority of the members felt that with additional time this problem could be of 7 8/26/2008 3:10 PM Mineral Resource Lands Issue Paper and Recommendations http://www.cted.wa.gov/landuse/issue_papers/minerall e pap... . I resolved. It was suggested that both the DNR and local governments attempt to improve communications at the interagency level. ISSUE 4: Designation of New Resource Lands Issue As previously mentioned, 35 counties have completed the designation of their agricultural, forestry and mineral resource lands. Additional designation of mineral lands may be necessary to keep up with projected long-term needs. While the annual amendment process for amending the comprehensive plan does provide for the opportunity to consider new mineral lands designations, concern is expressed that this does not guarantee that lands will be added over time. RECOMMENDATION 4: Use existing amendment process The Committee agreed that designation of new mineral lands may be re-visited in accordance with the existing annual amendment process, and in light of WAC 365-190-040 (g), based on significant new information or conditions for the life of the mineral resource. ISSUE 5: Incompatible Adjacent Land Uses Issue Incompatible adjacent land uses limit future mineral resource operations. Local governments are required to prove•e zoning •iscoura•in• inc.m•a - -s o land djacent to resource lanes. urrently,en no ice o property owners within 300 eet is required by statute for all resource lands. The Committee reached consensus that a minimum of 300 feet did not provide a sufficient enough sizedbuffecfor deterring potentially conflicting adjacent land uses. RECOMMENDATION 5: Expand written notice from 300 feet to 500 feet. Expand the written notice requirements from 300 feet to a minimum of 500 feet of property boundary of designated property. Written notice, in the form of a notice on the title, discloses the location of a mineral land's proximity and anticipation of future mining and other related activities such as mineral extraction, washing, crushing, stockpiling, blasting, transporting, and recycling. By expanding the notification requirement an additional 200 feet, opposition to future mining will be minimized and future incompatible land uses will more likely be eliminated. It is also important to hold the local government harmless for claims resulting from providing notice. Local government noted that this additional notification requirement would likely result in a funding impact to local government and they must be compensated for this. SUMMARY In summary, consensus was reached by the Mineral Lands Advisory Committee on the following points: Identify all possible aggregate deposits. A state-wide GIS system map should be developed and a Programmatic EIS should be developed to ensure resources are identified and environmental review occurs at the planning/designation level. (Recommendation 1 and 2) Designation does not preclude site specific SEPA analysis that may lead to approval or enial of a permit. Local governments are not to revisit the issue of I na use after designation, as part of the permitting process. (Recommendation 2) 6 of 7 8/26/2008 3:10 PM Develop a local government Model Ordinance for regulating mining operations. . ,Z(5 (Recommendation 3a). For new mineral lands of long-term significance to be designated, the annual amendment process should be used. (Recommendation 4) Designation issues may be re-visited in accordance with existing process in light of WAC 365-190-040 (g), based on significant new information or conditions, for the life of the resource. (Recommendation 4) Notification of adjacent property owners to designated lands should be increased from 300 feet to a minimum of 500 feet. (Recommendation 5) of 7 8/26/2008 3:10 P M ` Jefferson County Code 18. 18.15.165 Environmentally sensitive areas 7:00 p.m. and 7:00 a.m. and on weekends),facili- (ESA)maps. ties or appurtenances thereof, conducted or main- Repealed by Ord. 3-08. [Ord. 8-06§ 1] tamed for commercial mineral resource extraction and processing purposes on land designated as Article VI-C.Mineral Resource Lands mineral resource land(MRL),regardless of past or District(MRL) future changes in the surrounding area land use or land use designation. 18.15.170 Designation procedures. (2) Disclosure.The disclosure statement in sub- A mineral resource land(MRL)overlay district section(2)(b)of this section shall be used under the may be applied based upon the following criteria, following circumstances and in the following man- - only upon acceptance by the county of a complete ner: application from a property owner and upon (a) Approval of any land division,land use, approval of a redesignation in accordance with building, or development of lands adjacent to or Chapter 18.45 JCC and processed as a Comprehen- within 500 feet of lands designated as mineral sive Plan amendment. MRLs of long-term com- resource land (MRL) shall be conditioned on the mercial significance are those lands from which the execution by the applicant of a statement of commercial extraction of minerals (sand, gravel, acknowledgment containing the disclosure state- rock,and other valuable aggregate or metallic sub- ment on forms provided by the department of corn- stances) can be anticipated within 20 years and munity development. However, if a disclosure which are characterized by all of the following: conforming to the provisions of this section has (1) Have a known or potential extractable been provided for a prior permit, subsequent dis- resource in commercial quantities verified by sub- closures shall not be required. mittal of a geologic and economic report prepared (b) The required disclosure statement is as by a qualified professional; follows: (2) The parcel is a minimum of 10 acres in size; (3) The subject property is surrounded by par- If your real property is within five hundred cels no smaller than five acres in size on 100 per: (500) feet of real property within an area. sent of its Perimeter" designated as Mineral Resource Land (4) The current or fiiture land use designation (MRL), you may be subject to inconve- will not exceed a residential density of one dwell- niences or discomforts arising from such ing unit per five acres; operations, including but not limited to noise, tree removal, odors, fumes, dust, (5) Are not within any shoreline designation, urban growth area or rural village center or within the storage the operation of l of aggregate and �° g the storage and disposal of aggregate one-half mile of any established or potential urban products. One or more of the inconve- growth area or rural village center boundary, as niences described may occur as a result of shown on the official maps of the Comprehensive extraction and processing operations Plan;and which are in conformance with existing (6) Are not within a regulated wetland or fish laws and regulations. Jefferson County and wildlife habitat area pursuant to Article VI-H has determined that the use of certain real and VI-I of this chapter. [Ord. 8-06 § 1] properties for mineral resource extraction and processing activities is necessary to 18.15.175 Allowable and prohibited uses. ensure resource availability in the County. Allowable and prohibited uses within mineral The County will not consider to be a nui- Allowable lands overlay districts are specified in sane those inconveniences or discom- resource p� forts arising from extraction and process- Table 3-1 in JCC 18.15.040 for the underlying des- ing operations, if such operations are ignation.All uses must comply with any applicable consistent with commonly accepted best performance standards in Chapter 18.20 JCC and management practices and comply with lo- development standards in Chapter 18.30 JCC; cal, state, and federal laws. unless otherwise specified in this code. [Ord. 8-06 [Ord. 8-06§ 1] § 1] 18.15.180 Nuisance and disclosure provisions. ,� (1) Nuisance. The following shall not be con- sidered a nuisance:mineral resource extraction and processing activities, operations (except between 18-67 (Revised 4/08) Ordinance No.08-1208-03:Approving a Concrehensine Piss Amendment Known as MLA#03-231 with Conditions(Phillips/Maki Mineral Resource Land O y) 66. With respect to UDC §9.8.1(c)(7 ,the Board finds that this CP amendment does not impact or touch upon land within an urban growth area. 67. With respect to UDC§9.8.I(cX8), the Board finds that this CP amendment is consistent with the GM A,the Countywide Planning Policies and benefits the populace of the County. 68. Adoption of this promotes the health and welfare of the citizens of Jefferson County. t 7 7 69. The Plann g cr «;ti 'E lecommembrittitatioareeks 7022211011 and 702224M21 be removed from.this amendment to meet the requirenumts Section 3.63(lXd)Of this County's Ma ---- ,,��� �ffe 70. At the public hearing before the Jefferson County Board of County Commissioners held on November 24,2003 the issue of utilizing Parcels 702224011 and 702224012 as part of the mining operation,which are no longer part of this amendment,was brought up during testimony. 71. The Hearing Examiner issued a decision on December 5, 1996 on an appeal(ZON 96-0034)of the issuance of a building permit(BLD 96-0583)for an 8 foot by 14 foot scale building. The Hearing Examiner determined that the truck scale building was an exempt accessory use to the non-conforming mineral extraction activity that had been occurring on Parcel 702224011. From this decision it can also be reasoned that stockpiling of material is also considered an accessory use of mineral extraction. / i/t 72. Because most of the mieral`, sodrees already been extracted from Parcel _ _ 702224011,known as pit site Y-86,the Hearing Examiner's decision on ZON 96- 0034 indicated that the truck scale could be utilized in conjunction with the mineral extraction from the Phillip's other parcels across Penny Creek Road. 73. On August 9, 1996 the Phillips sought to have their existing pit on a 4.46 acre Parcel 702224002,designated Mineral Lands of Long-Term Commercial Significance. This parcel was too small for such a designation. 74. On November 26, 1996 Phillips proposed a boundary line adjustment(EXM 96- 0060)to have Parcel A--702224002 grow to 10 acres,while Parcel B-702224006 was reduced to 9.34 acres and Parcel C-702224020 was enlarged to 5.0 acres to r P ( e2 7- /fre f"c r /G 1ytfl-2 c „Ft �/),-t / ( Ordinance No, gl:Approving a Cave Plan Amendment Known as MLA#03:231 with Conditions Mineral Resource Land Overlay) ant the minimum size as a buffer a: ;_ a 6 LA,.1 Long-Term Signifies of 4 . acres,specifically Parcels A and B described earlier in this finding. Md 75. On July 14, 1997 the Jefferson County Board of County Commissioners designated 19.34 acres,which was comprised of parcel A(702224002)and Parcel B(702224006),as Mineral Lands of Long-Term Commercial Significance through ZON 96-0042. 76. These actions established the Phillip's intent to expand their mining operation.On December 16,2002 the Phillips purchased at public auction three parcels from Jefferson County,which was recorded by Auditor File Number 463382. These three parcels were: Parcel 702224012 along narrow 2.6 acre parcel lying southeast of Penny Creek Road;Parcel 702224010,the 3.7 acre old county pit; and Parcel 70222403,which is a 9 acre parcel that surrounds the county pit. 77. There is no evidence in the record that a Parcel 702224012 was utilized for mineral extraction or an accessory use to mineral extraction. 78. Furthermore,it has been determined through this Amendment that , the mining opt is a significant concern ofneighbors across Highway 10k During the deliberations of this Amendment at the Jefferson County Board of County Commissioners held on December 1,2003 it was acknowledged that the rock sorter should be removed from Parcel 702224011,and there was discussion whether the material stock piles should be removed or whether they provide noise mitigation to the neighbutcross Highway 101. Jefferson County Community tc" 77(-1151. 0741-(5.1--1- 1S �f/a i�'�- r•t, ( 77id// Development Staff conducted a site visit on December 4,2003 and researched this issue. This information is now reflected in this Ordinance. G,"l .ODES / (S� - ✓ NOW,THEREFORE,BE IT ORDAINED, as follows: Section 1 -MRLO Designation: With respect to MLA03-231 (Phillips/Maki)the following real property constituting approximately 31.79 acres,be and hereby is granted a Mineral Resource Land Overlay,to be added to the existing 19.34-acre MRLO to create a total MRLO of approximately 51.13 acres,subject to conditions listed below in Section 2: 14 Amprovmg a Comprehensive Plan Amendment Known as MI,A#03-231 t 3 ,`Mineral Resource Land Overlay) ' ' there were voices in opposition to this CP amendment,the Board execluties with respect to UDC§9.8.1(bX3)that since adoption of this CP minedment furthers goals in two documents that broadly represent the 'will' of CO nty's populace,specifically the CP and the UDC,then this CP amendment does erect current widely held views of this County's residents. 59. W711, respect to UDC§9.8.1(c)(I),the Board finds that adoption of this CP will negatively effect transportation levels of service or concurrency requirements. 60. Wit1t resfteet to UDC§9.8.1(cX2),the Board finds that adoption of this CP is consistent with the goals and policies of the County's CP. 61. Wim respect to UDC§9.8.1(cx3),the Board finds that adoption of this CP has been studied for probable significant adverse environmental impacts and there will be no such impacts to the infrastructure or utilities of this County. 62. With pct to UDC §9.8.1(cx4),the Board finds that the parcels tint will become part of this MRLO are suitable for mineral extraction(basalt is present there)and that access and utilities can be reasonably provided to these parcels. 63. resource extraction(mining)is never perfectly con 'be with certain land uses t sur aund_tbe Peony Creek Quarry,i.e.,rural residential,it is the policy of the GMA to protect theme extiaction activity from the neighbors and not vice-versa. 'l Board offers those.residential nei tbors of this query,in light of UDC§9.8 i(c)(4)theprovided by parcels not less than five acres in size t o s s a v:� t a n non-conforming orm�g uses to MRLO land pursuant to oo 116. 64. With respect to UDC§9.81(cx5),the Board finds that adoption of this CP amendment enlarging an existing MRLO designation will not cause a domino effect to have other parcels designated as being within an MRLO. 65. With respect to UDC §9.8.1(c)(6),the Board finds that adoption of this CP amendment,which enlarges an existing MRLO,has no impact on the county's population projections or general size and proportion of different land use designation categories countywide. 12 • 1 CONCLUSIONS OF LAW 2 1. The detailed analysis and recommended conclusions contained in 3 the Staff Report, Sections III and IV at pages 3 through 5, also 4 contain Conclusions. The Examiner has reviewed those conclusions and 5 adopt them as his own. 6 2. Jeff Gallant argues in his letter that the Boundary Line 7 Adjustment was in conflict with State and County laws. Boundary Line 8 Adjustments are exemptions to Subdivision regulations; however, it 9 can be noted that Parcel C was made larger and Parcels A & B are 10 joined for the purpose of this application. Mr. Gallant' s complaint 11 about increasing the non-conforming activity was addressed in the 12 previous appeal hearing under the subject of the "diminishing assets 13 doctrine". 14 3. Michael Dora Lee Whittaker's letter presented at the previous 15 truck scale appeal hearing expresses co 'n over impac s, J r 16 ptincipaUy Oi a 4 to their property located south-east of the 17 subject property. Their concerns of noise and pollutions are val.t.d 18 topics that must be addressed during SEPA review for any subsequent 19 State and County operational permits. �- �( /t% r e6 4(- 20 21 RECOMMENDATION . 22 Based on the above Findings and Conclusions, the designation of 23 Mineral Resource Land as petitioned by Gary and Mari Phillips is 24 recommended for approval, subject to the following conditions: 25 1. The petitioners shall record the approved Jefferson County 26 Boundary Line Adjustment with the appropriate attachments and 27 exhibits, case EXM96-0060, with the Jefferson County Auditor' s 28 Office. 29 Gary&Mari Phillips Page 5 findings,Conclusions Minerat.Re arc's Lands Designation and Decision `ZON96-0042 I Plan are as follows: * Industrial Development Policy 2: * Industrial site-plannin• should inte - - , -, `..._,- , '. • w -ndscaping, a. -quate u ides, • - ." e =m u 1• control devices, attractive fencing, - « similar measures. Staff Recommendation: Development Review staff recommends issuance of a Mitigated Determination of Non-Significance. Proposed mitigation measures: The mitigation measures in the attached environmental document are proposed by Development Review Division staff for consideration by the Responsible Official. They are intended to address and mitigate to a point of non significance the environmental impact(s) listed above. =--. Determination of the Responsible Official: I have reviewed and considered the referenced proposal, the environmental checklist, public comments, other available material, and the Development Review Division staff memorandum and recommendation. I hereby issue a Determination of Non-significance. />4.- issue a Determination of Mitigated Non-significance. issue a Determination of Significance. determine that I do not have sufficient information upon which to make a threshold determination and direct Development Review staff to obtain additional information on the proposal. Ilp 4 1 4iii .4' t., 511(07 Al Scalf, SEPA Ansible Official Date Glary and Mari Phillips Penny Creek Quarry Thresh01¢Determination 9 V.. u 1.) n ;(' 410 fk 1 the County be notified of he extension in terms of the number of days 2 and hours of operation.' ✓ 3 44 18.35.070(4)states: Buffers Required. All mineral extraction S/Qd_. and processing uses shall develop or maintain perimeter buffer, �� 4 areas Consistent Frith the requirement's of JCC 38.30.e4O.;, s:¢'it 5 d. The applicant has proposed that the existing forested areas 6 surrounding the proposed asphalt plant provide adequate buffer. The provide adequate � 7 existing forested areas p quate buffer from surrounding i‘111 g7 property uses. An assurance that the tree buffers remain for the life 9 of the project is important. A condition to that effect is needed. Y 10 SUMMARY CONCLUSIONS: 11 • ;, Ground Water Issues: tom` - ' 12 3. As noted in Finding of Fact No. 10, above, the Staff Report, and 13 the Robinson & Noble June 3, 1999 letter, the proposed asphalt batch 14 plant site is about two miles from the Bridgehaven wells. While there 15 were some data gaps in earlier Critical Aquifer Recharge Area [CARA] 16 reports, the June 3, 1999 letter by Joseph Becker, Principal 17 Hydrogeologist, supplements the previous reports with in-house 18 engineering notes from 1969 work on the Bridgehaven Well 1 project. 19 Engineering firms retain technical information developed on projects 20 as valuable resources for future work. This is especially true for 21 all forms of geotechnical work. Well logs are particularly valuable 22 because of their typical depths, and their contribution to the 23 stratigraphic database for an area. The June 3, 1999 Robinson & Noble 24; letter provides supporting information and analysis to support their 25 conclusion, repeated and adopted here: 26 In summary, it is possible to say with assurance that, should the asphalt batch plant be placed into operation at the proposed 27 site, it will not impact, adversely or otherwise, the aquifer at the Bridgehaven wells. As described in the CARA report, 28 contamination from the batch plan is unlikely. If it did occur, and if it did migrate to the ground water, it should be limited 29 to the water table aquifer beneath the batch plant site and naturally migrate with the ground water a short distance Ace Paving Asphalt Batch Plant Page 9 Findings,Conclusions ZONWI.ODO and Decision . , ► Airport Approach Zone: An imaginary "zone" extending upward and outward from a runway's centerline within which there may be additional height restrictions and/or limited land uses. Annexation: The act of incorporating an area into the domain of a city. Aquaculture: Improvements or activities associated with the culture or farming of food fish,shellfish, or other aquatic plants or animals, including those activities necessary to prepare the aquacultural commodity for shipment. Aquifer: A saturated geologic formation that ' yield a sufficient quantity of water to serve as a private or public water supply. Aquifer Recharge Areas: Areas where soils and geological materials permit the infiltration of natural or artificial sources of water in rates and quantities sufficient to recharge ground water reserves. Arterial,Minor: A street with signals at important intersections,stop signs on the side streets and that collects and distributes traffic to and from collector streets. Arterial,Principal: A street with access control,channelized intersections,restricted parking,and that collects and distributes traffic to and from minor arterials. Assisted Housing: Owner-occupied or rental housing which is subject to restrictions on rents or sales prices as a result of one or more project based government subsidies. Assisted housing does not include holders of non project based Section 8 Certificates. Assisted Living Facility: Residences for-the elderly that provide room, meals, personal care, supervision of self-administered medication and other services such as recreational activities,financial services and transportation. Best Available Science: With regard to designating and protecting critical areas, best available science refers to the utilization of the mist current, widely-accepted scientific data, research, studies and/or reports in making land use and policy decisions. Best Management Practices (BMP): State-of-the-art technology as applied to a specific problem. BMPs are often required as part of major land development projects. BMPs represent physical, institutional, or strategic approaches to environmental problems, particularly with respect to nonpoint source pollution control. Block: A group of lots,tracts,parcels, or sites located within well-defined and fixed boundaries such as roads. Board: The Jefferson County Board of County Commissioners,(BOCC). Bond and Levying Financing: A method employed by local governments for generating revenue through either the sale of municipal bonds, which require 60 percent voter approval,or by increasing property tax,which requires a.simple majority. Bu?fers: An area, unit or strip of land designed so as to shield,separate or protect one type of land use from another with which it is incompatible or to protect environmentally sensitive areas. Buffers Jefferson County Comprehensive Plan G-2 Amended by Ordinance No.19-1213-02 GLOSSARY f_ typically consist of open areas,landscaped areas,walls,fences,berms or any combination thereof which help to minimize conflicts from noise,light or other nuisances. Building:Any structure used or intended for supporting or sheltering any use or occupancy. Built Environment:A combination of buildings and related activities along with associated impervious surfaces,infrastructure,parking and landscaping. Capital Improvements Projects to create,expand or modify a capital facility that have a minimum cost of$15,000 and have a life expectancy of at least five years. Capital Improvements include facilities such as utility systems,landfills,public buildings,streets,sidewalks,drainage and major equipment. Capital Improvements Program (CIP): A plan for future capital expenditures which identifies each capital project,its anticipated start and completion dates,and allocates existing funds and known revenue sources over a six year period. Categorical Exemptions: Development actions, enumerated in WAC 197-11-800, which have been legislatively determined not to have significant adverse environmental impacts, and therefore do not require environmental review or documentation for potential impacts under the State Environmental Policy Act. Certified Local Government(CLG):A program established by the National Historic Preservation Act that provides technical and financial assistance to preserve historic buildings, sites,neighborhoods and other places of local importance. A local government that participates in the program and becomes certified is known as a"certified local government?' City: The incorporated City of Port Townsend,Washington. Cluster Development: A development design technique that groups or"clusters"buildings in specific areas on a site rather than spread evenly throughout the parcel as in a conventional lot-by-lot development. The remaining land'is to remain undeveloped in perpetuity and used for recreation, common open space,and/or preservation of environmentally critical areas. Collector: A street that collects traffic from local streets and connects with minor or major arterials. Commercial Use: An activity that provides merchandise or services for compensation to an owner, lessee or licensee. Community Plan: A document that has been prepared by a group of individuals, representing individual communities,that outline the goals and visions set forth by community residents. `Community Plans provide guidance for the County-wide Comprehensive Plan. Community Sites and Facilities: Sites and facilities provided as a community service including,but not limited to,parks,open space,recreation facilities,water,and sanitary facilities. Comprehensive Plan: A generalized coordinated policy statement of the government body of a city or county that is adopted pursuant to the Washington State Growth Management Act (Chapter 36.70A RCW). A document or series of documents prepared by a professional planning staff and planning Jefferson County G-3 Amended by Ordinance No.19-1213-02 • Jefferson County Code 18.10 "Available capital facilities (available capac- (b) Contains inscriptions or attachments set- { . ity)"means capital facilities or services that are in ting forth such appropriate limitations and condi- place("existing capacity"),or for which a financial tions for the use of the land as are established by commitment is in place to provide the facilities or Jefferson County;and services within a specified time ("planned capac- (c) Contains provisions requiring that any ity")."Available capacity"consists of existing plus development be in conformity with the site plan. planned capacity. (See also "Adequate capacity `Block"means a group of lots,tracts or parcels (adequate capital or public facilities)," "Concur- within well-defined and fixed boundaries. rency,"and"Level of service(LOS).") "Board (BOCC)" means the board of county "Average vehicular trips" means the average commissioners for Jefferson County. Also refer- number of all vehicles entering or leaving a site enced as board of commissioners or county com- during a defined period. [Ord. 8-06§ 1] missioners. "Boat building and repair,commercial"means a 18.10.020 B definitions. commercial establishment where boats are con- "Base flood"means the flood having a one per- structed, dismantled, stored, serviced,or repaired, cent chance of being equaled or exceeded in any including maintenance work thereon. given year;also known as the"100-year flood,"as "Boundary line adjustment" means the reloca- shown on the FIRM maps. tion or other adjustment of the boundaries of a lot, "Base flood elevation" means the elevation for tract or parcel, in which the relocation neither which there is a one percent chance in any given results in the creation of any additional lot,tract or year that flood levels will equal or exceed it. parcel nor results in creation of any lot,tract or par- "Bed and breakfast inn" means a hospitality cel which is more nonconforming or insufficient in commercial use containing four to six lodging units area or dimension. without cooking facilities, which provides over- "Buffer zone, strip, or area" means an area night accommodation and m e a l s in a p r o p r i e t o r- d ' `e inco tt`ble uses or activities$ occupied or owner-occupied existing single-family Buildable Lot. (See"Lot,buildable.") residence and additional legal structures or up to 10 "Building envelope"means: lodging units in an existing historic structure. (a) A three-dimensional space in which a "Bed and breakfast residence"means a hospital- building or structure may be built; ity commercial use containing one to three lodging (b) A plat restriction for the purpose of units without cooking facilities, which provides defining building coverage areas for individual lot, overnight accommodation and meals in an owner- or for describing shoreline building setbacks; occupied existing single-family residence. (c) The buildable area of a lot,tract or parcel "Best available science" means with regard to after applicable setbacks, easements and other designating and protecting environmentally sensi- restrictions on the lot,tract or parcel are taken into tive areas,best available science refers to the utili- account. zation of the most current, widely accepted scien- `Bulk plant or terminal facility"means that por- tific data,research,studies and/or reports in making tion of a property where flammable or combustible land use and policy decisions.(See WAC 365-195- liquids are received by tank vessel,pipelines,tank 900.) car or tank vehicle and are stored or blended in bulk "Best management practices(BMP)"means sys- for the purpose of distributing such liquids by tank tems of practices, schedules of activities, prohibi- vessel, pipeline, tank car, tank vehicle, portable tions, maintenance procedures, and management tank or container (cf. International Fire Code). measures that prevent or minimize adverse impacts [Ord. 8-06§ 1] to the environment. Best Management Practices, Agricultural. (See 18.10.030 C "Agricultural best mana g ement practices "Campground and camping facilities" means a (BMPs).") facility in which sites are offered for persons using "Binding indin site plan" means a drawing to appro- tents or other personal,portable overni g ht shelters. priate scale that: "Capital facilities"means physical structures or (a) Identifies and shows the areas and loca- facilities owned or operated by a government entity tions of all roads, improvements, utilities, open which provides or supports a public service. space,and any other matters specified by local reg- "Capital improvements" means improvements ulations; to land,structures, initial furnishings,and selected equipment. 18-17 (Revised 4/08) • "EXHIBIT A" 717 PROPOSAL TO AMEND JCC BY MIKE WHITTAKER P-:!,707 PURPOSE: CURRENTLY,BUFFERS FOR MINERAL RESOURCE OVERLAY LANDS ARE MERELY ALLUDED TO IN THE CODE AND NOT SPECIFICALLY SPELLED OUT FOR PURPOSE AND INTENT. 18.15.170 STATES THAT MINERAL LANDS ARE CHARACTERIZED BY(3)THE SUBJECT PROPERTY IS SURROUNDED BY PARCELS NO SMALLER THAT FIVE ACRES IN SIZE ON 100%OF ITS PERIMETER. THE INTENT OF THIS WORDING CAN ONLY BE TO CREATE A BUFFER FOR ADJACIENT PARCELS. JCC 18.20.240, MINERAL EXTRACTION,PAGE 18-114.19, ITEM 2C, UNDER EMPLOYING BEST MANAGEMENT PRACTICES MENTIONS BUFFER ZONES AND OTHER PRECAUTIONARY MEASURES AS APPROPRIATE TO PROTECT ADJOINING LANDS, SURFACE AND GROUND WATER, ESA'S, WILDLIFE HABITAT,AND SCIENIC RESOURCES AND REFERS THE READER TO JCC 18.30 (DEVELOPMENT STANDARDS). I CAN FIND NOTHING IN 18.30 ON BUFFERS. "EXHIBIT B" PROPOSED AMENDATORY LANGUAGE ADDENDUM TO 18.15.170(3)THE SUBJECT PROPERTY IS SURROUNDED BY PARCELS NO SMALLER THAN FIVE ACRES IN SIZE ON 100% OF ITS -PERIMETER TO PROVIDE A GENERAL.LAND USE COMPATIBILITY BUFFER. THESE PARCELS SHALL BE IN THE OWNERSHIP OF THE MRLO AND BE THE SOLE PROVISION OF BUFFERS TO ADJACIENT PARCELS AND OTHER OWNERSHIPS. IF THESE PARCELS ARE NOT IN THE SAME OWNERSHIP AS THE MRLO;A 200 FOOT MINIMUM BUFFER SHALL BE PLACED AROUND THE ENi1RE.PERIMETER ON THE MRLO. ADDENDUM TO 1820.240(2) MRLO BUFFERS SHALL BE EXCLUSIVE OF ANY MINING ACTIVITY, STRUCTURE, OR ACCESSORY USE SUCH AS BUT NOT LIMITED TO MINERAL STOCKPILING, EQUIPMENT STORAGE, VEHICLE PARKING, SCALES OR WEIGH STATION, BATCH PLANT, OFFICE STRUCTURES, OR SIMILAR APPURTENANCES TO MINING AND EXTRACTION AND PROCESSING OPERATIONS. BUFFERS ARE INTENDED TO BE OPEN SPACE MAINTAINED IN NATURAL AND/OR LANDSCAPED VEGETATION WITH THE SOLE EXCEPTION OF INGRESS/EGRESS DRIVEWAYS ONLY AS MINIMALLY NECESSARY AND UTILITY LINES TO THE SITE. IF THESE PARCELS ARE NOT IN THE OWNERSHIP OF THE MRLO, THE OWNERS OF THE MRLO SHALL PROVIDE A 200 FOOT BUFFER ALONG THE ENTIRE CIRCUMFERENCE OF THE SUBJECT SITE. BUFFERS ARE TO IN THE EXCLUSIVE OWNERSHIP CONTROL OF THE APPLICANT AND/OR MRLO OPERATOR. PUBLIC RIGHT OF WAYS SHALL NOT BE CONSIDERED PART OF ANY BUFFER. f1 Planning Commission Meeting date: 9/17/08 PAGE A. Opening Business: All PC members present? Yes?/ :%. Who is excused/absent? ALA-L e a•' 'r 414 Staff present: C9, B. Public Hearing: 2008 CPA Amendments Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS:(Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report D.Holland MLA 08-32 re"1 - avf. Vie."- 1 V rim"4 Presentation by Applicant: ' \Q tip Use back side of this sheet for Public Testimony: MLA 08-32 G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet B. Public Hearing: 2008 CPA Amendments PAGE Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS:(Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report Brown MLA 08-56 j/ct Yl - w/!' CYO tr 1 r 4.0—t,(1) e let er ,_,(/ of- ct_riU 6 ca.oe ti re lCH-etr Ye/J.c,1�G.�.. Presentation by Applicant: Use back side of this sheet for Public Testimony: MLA 08-56 G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet B. Public Hearing: 2008 CPA Amendments PAGE Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS:(Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report George MLA 08-69 - v'e-v-v e. Yc,vAy Gez.ec,t, — b0,. kI y/ es I a�- ti A ±� 4.)0 ac-eek_j ,4 je U-+1u1 - - s'!/-S , rkos�/1- pe.cc.eLs Q,r� L)$ �,, Svv1�:J(N,r C rl3 / o.-r/ /o S/d-yi� tit`, f"t'1"`-4 6 ditty e c //L�1%�.'l1 6tw✓t !S Atjcp 6 W r1(:rs L, ,/ .1-01- 4)141 ci4, (Gi fe P; 04- t tt o i&/lc,L. /Sr7t�S )p e.S c. `1- ;vM�n- ' .trt• c3-`1tr/ltc`vl , .v� o4 n,o.,tl' f'"- A4/0 i7--, 6, Presentation by Applicant: J Glee K- 14 etd)r ,9 ✓lce ��vn ` .Sw�a. l ur (;;IT eLrvc" '. c h -' hem.. k ' Casa..&3 ' ✓�.�.re , <4. so / Use back side of this sheet for Public Testimony: MLA 08-69 G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet B. Public Hearing: 2008 CPA Amendments PAGE Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS:(Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report Jackson MLA 08-73 Py /t — 6 Y e/evl e& A kserst 6r i) -- /ea.c) 0-w11.. A G QQV,S tril 4/Lk; ,,, Kok Nncr/ µ^ erirekk t, rzq c 6-7-es� rsa to( bet (Nw) .fie )nest °"Aly 61.14} C.s Co 1 F�`dcLQ.-= �,- -I[ frt �h Lh a.. ��,�/,1 k��, 5, pr �wL J3/ is(9 YLai-vf:%i,�- P d s'✓bv� , e .J - 141,1 ost f a r mi v �,v a Cad, pits e v v a 66-414- h e e Presentation by Applicant: Tix,Nle-5 So-Pt. (cr) fiAcur jS lnacc,��t((l,,4'4r C°2-s-je 01 Sk),0„)f�,5�^^�, L c &G( c i 5 c2 �i e sie,„ f`" r �� hp �f cx C, �t}u.l l{/l,�C'. � f ✓,L'�r,E�^ e��/ ;chnL r Jci e %5 .rto a-Lc r+� tro ca-oSe. 5lort s a-'lu y C-r J ) 10.E e r-/-i`eS kvc C rew.c61- p d) C .r. erfrJ c_ ;s .rtes 'e 10-- is 5(04) Use back side of this sheet for Public Testimony: MLA 08-73 G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet B. Public Hearing: 2008 CPA Amendments PAGE Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS: (Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report Broders MLA 08-84 r)t"� -ov v;e„a IVo Presentation by Applicant: Use back side of this sheet for Public Testimony: MLA 08-84 G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet B. Public Hearing: 2008 CPA Amendments PAGE I Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS:(Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report Burnett/Pope Resources MLA 08-93 Maly y (2 )Cfvl. Lt e "- foe) / ke\cc 06S 2.8.4./alie4) (4 et e,rzs beivv4 A rG( Al/ 2s e k, e 4... Qh s t m iV Ld--�;( ), '5 /604/ /tit 4 ��1 /C L f \ r V e '`LCD iq J Presentation by Applicant: ks Skjd 0.6k. i t -v�- y , all- -7„7 �- kir( f<7,o/ e 1"),^, +�e.,,, vt ✓•.:S .ce A ej RP `Qo ,A7 �tiws h-e c.aJS z c/ ,¢ r< Po/;c , 7' 2 - pf,ce j;Is >K�rs,E , j �✓j 4-c:l�- 9 et;J ,a � l c f ,`� Gt r 6,. 4, :/f A vt;), vim, L' 3,C),,c ka4CO2_ di) s 4- 0 3 s 6..y. e 2va-ej,-, 4, (A, 1. "11f bt, ,ke , s aieo,e It , '.•2,K be 4,-460 v r a Vs fn(Ae c 11e�2 /4, ,,�vcf c b ,A1 k Use back side of this sheet for Public Testimony: MLA 08-93 sti3Fs � ee) 1-6 evtd LAJG.2.v 'L / j::u`), ��/c'1e 6() 4) 4e. ✓.S ;�^� SfM�t.��,L,� � Ci r'�1_.�4.�..� L.-L.1�..ca✓h.Q�..e 1 ) /- a J _:�pirz 4 )1,'11- L �lyd 61/4t G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet ry\up( g-01 Dct_ir 1/44.) 7Th, ct vkti Y ( cokyzeia Sre-ZGA 13(2,u42. eAA7 r.,47/4 pti:/ 6), cc.r s-c) B. Public Hearing: 2008 CPA Amendments PAGE Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS:(Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report M. Holland MLA 08-96 ! ; C -Lt ///(�^UAO , WI ms's yv J r� �o^de.SS (911-ae. r&Gfte) S Und Presentation by Applicant: Use back side of this sheet for Public Testimony: MLA 08-96 G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet B. Public Hearing: 2008 CPA Amendments PAGE Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS:(Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Staff Report Hendy MLA 08-101(and UDC Amendment MLA 08-389) —gyct,A, ' O"42-0"vi C.,,✓ n0 � c .. eve l r t ,A) G Ls Presentation by Applicant: Use back side of this sheet for Public Testimony: MLA 08-101 G/Planning/PC Master Folder/PC General/PC General 2008/PC minutes worksheet C. Presentation by M. Whittaker-Mining Buffers PAGE Name each Commissioner/staff speaking in order,please...)Remember;the important thing is to write down what was done(accomplished/main points)during the discussion and any motions,not what was said. Do not need to write down debates. MOTIONS: (Write wording of the motion,who made the motion,who seconded,and the number voting for,against and abstentions=final vote) Use back side to continue if necessary Presenter Key points and any motions Al,-k.e. — Nee v''---0 es' k Is 11)-c4"- `7/ P(21" i AA-1,4 v t,a) SS rei-A- d k 544r0,04. 0L- ..s.k342.. r—esfAli - re r e 0,.) 3fgr-24, lAjlAuf 7-s. 1- - i 4 /8, 1 S. I'70(i) .1 _ - -. flat b At.,ri 4, ' , ZD, 2110 A Lik-s till` 10, Z g il /.>,T 4 W4c. fn-Co -0't0 -Mist Gc,reid ( ,,,5- re ct.,-..,AA.,..e4s ,,,..; )39, th,a t6,70„,„2,4 1j44-$ Jo o W. (),4'0,"9 rtr,, vi..42.4.., .._.3 RQ,0 tw e) /thiv . 4 1),,,,,,,,,,,k,,,,, , 9 4lp-0 , ,,, ,ift16. 8,--ur,sci Cita.A.J.4 A ',KC Ac, '' ) te,4,,A..„) m-er- Aee)s iv be_ r2A-4--"-a---ce se s . k44.6447)5 et.re Az f ac h:C i/AZ) . L;W z.tvi/S S 4) e , i f.,, c_ 1 ) y c6 —A-sk 6—c.6(ope ahout- iiti2, kt. i c II- 19 pelk, _ Z2,ilier ke iejA...- 10 ba7- - /est ;Is,- -:--, )e,LA .4/ G/Plannmg/PC Master Folder/PC General/PC General 2008/PC minutes worksheet Date of next Meeling: 10/1/08 Agenda Topics for next meeting: j4. 2/ c-4-' CPX P 0,44 4{/Itke. if 6 ffier (re ott JUDy $ frk Aloir, S 1,.‘ B. - C . ,,pr —'-e iL d eL..1;e, At;k. ;h &ow did SeirCo. s rvt-.4 ..e-t7tft. 4-I -1-0-cre—f Adjournment: (Do not need to write down motion) • ra) t,46, e-v, t; /0,44,e& ee cid), Ikeld Pito kr4 PLEASE WRITE DOWN TIME MEETING ENDED g;SZ p.m. PLEASE BRING BACK THE "NOTICE OF ADJOURNMENT" RED FOLDER "NOTICE OF ADJOURNMENT" FORMS NEED 2 SIGNATURES. 1 NEEDS TO BE POSTED ON THE OUTSIDE DOOR AND 1 TO PUT IN THE BAG FOR JEANIE TO PUT WITH THE SIGNED ORIGINAL MINUTES. Thanks to ALL DCD staff for your help with minute taking!! 113c_, (714_ cy_JA-- ' 1LT cs 4 L . _ ,Alric A ()et_ aye. C ezt1/0-ecei.. G/Planning/PC Master Folder/PC GeneraVPC General 2008/PC minutes worksheet