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HomeMy WebLinkAbout09 0525 95cc: PC PL 5 -Ab - q5 STATE OF WASHINGTON COUNTY OF JEFFERSON An ordinance designating and conserving, } on an interim basis, mineral lands of } long-term commercial significance, } as required by Chapter 3 6.70. A RCW } Ordinance No. 09-0525-95 Section 1.00 Purpose: The intent of this ordinance is to designate and conserve mineral lands of long-term commercial significance. Lands not designated as mineral lands of long-term commercial significance are not required or encouraged to convert to other uses. Mineral extraction and primary processing activities are encouraged wherever viable resources can be extracted without promoting conflict with adjacent land uses or posing the threat of environmental degradation. Specific purposes include: 1. To sustain and enhance mineral extraction and primary processing activities of long-term commercial significance by protecting designated lands from incompatible development. 2. To support the continued economic significance of mineral extraction and processing in Jefferson County through designating those sites presently operating under a Department of Natural Resources surface mining permit as long-term commercially significant. 3. To alert potential purchasers as to the location of mineral resource lands, and the nature of land uses and activities to be expected within such areas. 1.10 Findings: The Jefferson County Board of Commissioners enter the following findings: 1. The Washington State Legislature adopted the Growth Management Act, Engrossed Substitute House Bill 2929, now codified as Chapter 36.70A RCW, which, in part, requires local governments to classify, designate and regulate to conserve resource lands. 2. In accordance with RCW 36.70.A.050, the (then) Washington State Department of Community Development established Minimum Guidelines to classify and designate resource lands, codified as Chapter 365-190 WAC. 3. The Board of County Commissioners (BOCC) adopted an interim ordinance to conserve mineral lands of long-term commercial significance (Ordinance No. 06-0705-94) on July 5, 1994. 4. On September 8 and 9 1994, the Western Washington Growth Management Hearings Board received petitions for review of the interim mineral and forest land ordinance from 1 VOL 21 rn�-635 I 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 FArUL r636 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 VOL 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 0 vol. 21 rAF..638 I 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. 6 8. Notification should be placed on all plats, binding site plans, or building permits that the 7 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 - VOL 21 Fac; 639 1. Is currently operating under a surface mining permit issued by the Washington State Department of Natural Resources; 2. No part of the parcel lies within one half (1/2) mile of an Interim Urban Growth Area Boundary. Section 5.00 Maps: Parcels designated as mineral land of long-term commercial significance shall be identified on maps prepared by the county using the following sources: 1. Jefferson County Assessors Office parcel maps 2. Jefferson County Department of Public Works records 3. Jefferson County Integrated Data Management System, GIS Data Bases for Public Service Providers Section 6.00 Amendment of Designation: Section 6.10 Effective Period: Jefferson County shall allow the submission of petitions for the amendment of mineral land designations made by this ordinance from the date the ordinance becomes effective to the time it is replaced by a permanent control. 6.10.1 Forms: With the exception of any required professional reports, petitions for the amendment of mineral resource land designations made under this ordinance must be made on forms provided by the County and shall be reviewed for completeness prior to formal acceptance. 6.10.2 Fees: With the exception of costs incurred for publishing any legal notices in the newspaper of record, no fees shall be charged by the County for processing any petitions made under this ordinance section. The petitioner shall, however, be liable for the payment of any consultants they have retained to prepare materials for their petition. Section 6.20 Petition for Removal from Designation: When mineral extraction activity ceases upon a designated parcel and the mining site is closed in accordance with the requirements of the Surface Mining Reclamation Act, RCW 78.44, the owner of the property may formally petition the County for removal of the mineral land designation. 6.20.1 Process: 1. The petition shall be accompanied by official written confirmation that the mineral extraction site on the parcel has been closed in accordance with the requirements of the Surface Mining Reclamation Act. no VOL 21 FAV 640 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: Ml 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 von 21 w,;,� 641 2. The parcel is a minimum of ten (10) acres in size. 3. The subject property is surrounded by parcels no smaller than five (5) acres in size on 100% of its perimeter. 4. The parcel possesses a high potential for the presence of mineral deposits as determined by any of the following sources; a. Department of Natural Resources, Division of Geology and Earth Resources: Bulletin 37: Inventory of Washington Minerals and subsequent updates, b. U.S. Soil Conservation Service: Soil Survey of Jefferson County c. The written report of a qualified geologist retained by the property owner. 6 30 1 Adjacent Property Owners: All petitions for designation as mineral resource land shall be accompanied by a listing of all owners of real property where such property lies within one quarter (1/4) mile of the proposed mineral resource land. 6.30.2 Process: Petitions for designation as mineral land of long-term commercial significance shall be reviewed by the County using the following process: 1. At least ten days prior to the Hearing Examiner reviewing a petition to amend designation, a legal notice describing the petition, together with the date, time, and location of the hearing shall be published in the County newspaper of record. A Copy of this notice shall also be mailed to all owners of real property that lies within one quarter (1/4) mile of the proposed mineral resource land. 2. The Hearing Examiner shall hold a public hearing on a petition to amend designation and shall review the petition using the criteria identified in subsection 6.30 of this ordinance. 3. The Hearing Examiner is hereby assigned the functions, powers and duties incident to holding hearings and making recommendations to the Board on the approval or disapproval of petitions to amend designations made under this ordinance. 4. The Board of County Commissioners shall review recommendations on petitions to amend designation made by the Hearing Examiner and approve or disapprove the recommendation. 5. Where the Board disagrees with the recommendation forwarded by the Hearing Examiner, it may hold a hearing and formulate findings and conclusions using the processes identified in subsections 6.30.2.1 and 6.30.2.2. 0 VOL 21 Face 642 Section 7 00 Development Regulations: 1. Land designated as mineral land of long-term commercial significance by this ordinance shall not be subdivided to a parcel size of less than ten (10) acres. 2. Land designated as mineral land of long-term commercial significance by this ordinance shall not be developed to a residential density of greater than 1 (one) dwelling unit per parcel. Section 8.00 Uses 8.10 Permitted: 1. The extraction and primary processing of mineral resources. 2. Agriculture; floriculture; horticulture; general farming; dairy; the raising, feeding, and sale or production of poultry, livestock, fur -bearing animals, or honeybees; Christmas trees, nursery stock and floral vegetation; and other agricultural facilities and structures accessory to farming and animal husbandry. 3. Storage of explosives and fuels used for mineral extraction and primary processing subject to all applicable local, state and federal regulations. 4. Utility and transmission facilities within existing right -of -ways. 5. Single family detached dwellings and mobile/manufactured homes and accessory residential uses. 8.20 Conditional Uses: The following uses shall be allowed only after obtaining a conditional use permit. In the design and operation of a development or use authorized by a conditional use permit in designated mineral lands, the major emphasis is to be placed on protecting the ability of the mineral land owner to conduct mineral extraction and primary processing activities. 1. Secondary mineral processing activities. 2. Correctional facilities; sanitary landfills; recycling facilities; incineration facilities; inert waste; and demolition waste disposal sites. 3. Public and semi-public buildings, structures, and uses including but not limited to fire stations, utility substations, pump stations, wells, and transmission lines. E VOL 21 FK:643 1 8.30 Setbacks: Upon the date this ordinance becomes effective, the standard setback for 2 a dwelling unit constructed on a parcel that lies immediately adjacent to designated 3 mineral land shall be one hundred (100) feet from the legal property line. This setback 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 qac*644 I Section 13.00 Adoption: Adopted by the Jefferson County Board of Commissioners this 25th 2 day of May, 1995. 3 4 5 Seal 6 .• „, 8'-. �. 10 y� 12 #� 13 ,� = • . 14 15 16 17 ATTEST: S 18 Lorna D ey, Clerk f the Board 19 20 21 22 APPROVED AS TO FORM: 23 24 25t 26 David Skeen, Jefferson County 27 Prosecutor JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Ap" Glen Huntingford, Chair 11 v01_ 21 FAf;- 645 RANGE 2 WEST RANGE 1 WEST I RANGE 1 EAST ADOPTED: /�i b a 32 E 4 6 ® EFFECTIVE: lo o - 2' APPRO (D and CERTIFIED a 117 p 1 this O� day of z 0 I Q 22 4 9 0 a 830 9 —j4�— 19 w SIGNED, i V F z 6 31 2 4 3 2 1 4 — s 5 GLEN HUNTINGF Chair of the Board 9 10 11 12 8 9 i 1 x E- 16 16 15 14 x 17) 16 15 4 13 1 z � 21 2 P 23 2 20 21 2 3 2 INTION Mem the Board zx 28 2 25 3 29 8 7 6 2 30 t^ o E- 33 33 34 35 36 t 32 33 34 35 36 31 32 ' ARD WOJT 4 3 2 54 3 f t2 1 Member of the Board 5 — ATTEST, x F 10 11 2 7 9 1 11 12 7 c z 16 5 1 13 18 17 16 1 a O14 13 8 1 u"' a ORNA DE ANY x 21 23 19 21 22 3 24Clerk of the Board z 20 2 z 0 E- 28 28 27 26 30 28 27 25 29 28 0 27 4 m 33 4 35 6 31 2 33 34 35 36 31 31, 34 3 5 3 2 1 U 6 5 3 10 1 7 8 10 11 1 7 '08 x SCALE: 1" = 12500' z 1 15 1 18 1Mw 7 15 14 18 17 z I` CQ 22 3 22 a dC 7 26 25 29 7 2 0 F 3 34 35 Q36 ' 32 4 d35 3 Surface Mining Permits -- Permitted Acreage 2 1 3 2 Less than Five (<5) Acres 8 9 10 1 1 1 • Five (5) to Ten (10) Acres 11 18 t7 is is 8 Ten (10) to Forty (40) Acres 16 5 1 z • Greater than Forty (>40) Acres 19 20 21 22 23 21 22 a x 30 9 8 27 26 8 27 z 0 E 31 32 3 4 2 34 6 5 4 3 1 7, 8 9 10 MINERAL RESOURCE LANDS a 18 17 16EAST JEFFERSON COUNTY z 01 19 20 0. x z A . Sept. 3, 1994 F 'VOL 21 w,, /n'�UZ/n'y V I1'H149Wi JEFFERSON COUNTY PLANNING DEPARTMENT Long -Range Planning and Growth Management Jefferson County Courthouse P.O. Box 1220 Port Townsend, WA 98368 (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, 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 withetA premet-iii eimief'' .tom `v'rr uv�Ii+ adj uixas= d�e�-e land �sing-the-tce eat-ef eme eaW r� deg adatien. 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. ► 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 on this future. We wish tocontinueto wok with you ordinance blt to f ill the needs of Jef f s Coto County innt answer this question. Thanks for considering these comments. I look forward to providing assistanceand thelordinance update of the County Comprehensive plan and completing P sincerely; f;rncc#)t40,J 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 1 FORKS WA 98331-9797 1 FAX (206) 374-5446 1 TEL: (206) 374-6131 1B Equal Opportunity/Affirmative Action Employer RECYCLED PAPERL�i