The URL can be used to link to this page

Home My WebLink Aboutord2003-06116HATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -364 CLEARANCES Originator: .Mart IV. Amato India Date 10-23 -03 Date Received In Council 0 ice - L 3 1,...1 ? 3i 2003 A chat Dare 11 -05 -03 Assi tied to: Introduction 11 -25 -03 Natural Resources Committee onnion Head: St our Goodha O Dept. Head Hal Han ' q -0 V Prosecutor: Karen Fravis Purchasing /Budget / Lq a? Executive. Pete Kronen SUBJECT: Ordinance amending the Mineral Resource Lanr rrse omre requirements and notification requirements for mining permits. ATTACHMENTS: (1) Proposed ordinance Note: Back round materials are available for review at the Count Commit Inc. SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT: The proposal contains two amendments, which were recommended by the Surface Mining Advisory Committee. Amendment # 1 -The existing County code requires a disclosure when building permits or other development approvals are issued within 300' of a Mineral Resource Lands (MRL) designation. This disclosure states that mining activities may occur within the MRL designation and may impact surrounding properties. Additionally, the code requires a seller to notify a buyer if the property is within 300' of a MRL designation. The 300' distance is proposed to be increased to 500.' Amendment # 2 — After approval or denial of an administrative approval permit for mining, notice would be mailed to all property owners within 1,000' of the proposed mining operation infomting them about the permit decision. Distribution Request Indicate dose who should receive a cops after Council action List specific names to de right. ADS Facilities Management ADS Finance ADS Human Resources ADSIIn Services Assessor Keith Willnarer Auditor Cooperative E Ienswn District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2003 -364 1115/2003: Introduced 1112512003: Adopted 1 -0, Ord, #2003 -0661 Rela Related File Numbers: Juvenile Parks Planning Hal Hart Prosecutor Public Works SupeB Superior Coun Treasurer Other Ordinance ar ResoI t�Number (this item): W OBI si 1 :2 Planning Dn evoniCemp Plan AmentlmcntvZoning 2003'ZON2003 00005 (Mining Notification) - ABArs; I0 -21 Oi SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 11/5/03 ORDINANCE # 2003 -061 AMENDING MINERAL RESOURCE LAND DISCLOSURE AND MINING PERMIT NOTIFICATION REQUIREMENTS WHEREAS, The Surface Mining Advisory Committee (SMAC) is charged with the task of addressing action items in the mineral resource element of the Whatcom County Comprehensive Plan under WCC 2.120.030; and WHEREAS, action item # 3 is to "Develop a coordinated and consistent approach for the regulation and enforcement of mineral extraction and accessory uses. Eliminate unnecessary regulations and permits. Make regulatory processes more efficient and timely, while protecting the land use rights of those affected;" and WHEREAS, action item # 5 is to "Implement a surface mining regulatory program, consistent with the comprehensive plan, that addresses those areas where there is a conflict between land uses. Maintain an ongoing advisory committee consisting of representatives of diverse interests;" and WHEREAS, providing notification to people who are buying property or obtaining permits for property within 500' of a Mineral Resource Lands (MRL) designation will alert them to the fact that the planned land use in the MRL includes mining activities with its attendant impacts, and will protect the rights of all parties and reduce future conflicts between land uses; and WHEREAS, RCW 36.70A.060 states "... Counties and cities shall require that all plats, short plats, development permits, acrd building permits issued for development activities on, or within five hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining- related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals;" and WHEREAS, The proposal is exempt from SEPA review under WAC 197 -11- 800(20); and WHEREAS, The proposal is exempt from Planning Commission review under RCW 36.70.800. Ni NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Whatcom County Code 14.06.030 is hereby amended as shown on Exhibit A. Section 2. Whatcom County Code 20.73.130 is hereby amended as shown on Exhibit B. Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 25 day of November, 2003 ATTEST: Dana Brown- Davis, Council Clerk APP OVED as to form: Civil Deputy Prosecutor P2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Chairperson ( pproved ( Denied ' ;/ % Pete Kremen, Executive Date: EXHIBIT A 14.06.030 Disclosure. A. The statement set forth in subsection B (Notice of Disclosure) of this section shall be used under the following circumstances and in the following manners: 1. Upon the conveyance of a fee interest in real property the seller shall require that the Notice of Disclosure be signed by the purchaser and recorded in the county auditor's office in conjunction with the deed conveying the real property when the real property is on or within 500 300 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan. 2. Upon the issuance of a discretionary development permit for land on or within 500 300 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan, the discretionary development permit shall include a condition that the owners of the property be required to sign a statement of acknowledgment containing the Notice of Disclosure on forms provided by Whatcom County, which shall then be recorded in the county auditors office. 3. All building permits and discretionary development permits for land on or within 500 300 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan shall contain the Notice of Disclosure. B. The following shall constitute the disclosure required by this section: The subject property is on or within five three hundred feet of designated Mineral Resource Land upon which a variety of mining related activities may occur that are not compatible with residential development for certain periods of limited duration. Within a Mineral Resource Land designation an application may be crushing stockpiling blasting transporting and recycling of minerals. Whatcom County has determined that the use of real property for mineral operations is a priority use in designated Mineral Resource Lands and will not consider to be a nuisance those inconveniences or discomforts arising from mine operations, if such operations are consistent with commonly accepted best management practices and otherwise comply with local, state, and federal laws. Copies of these laws are available at the Whatcom County Planning and Development Services office. (Ord. 94 -029 Exh. A). P. 3 EXHIBIT B 20.73.130 Administrative approval uses. The following uses are permitted subject to administrative approval pursuant to W CC20.84.235. .131 Surface mining subject to Washington State's Surface Mining Act (Chapter 78.44 RCW) and accessory washing and sorting, provided that:: (1) The notification requirements of WCC 20.84.235 shall be expanded to all property owners within 1,000 feet of the external boundaries of the subject property. (2) At minimum, the activity adheres to the development and performance standards of WCC 20.73.650 and 20.73.700. In addition, no excavation shall occurwithin the five -year zone of contribution for designated well head protection areas. Excavations may occur within the 10 -year zone of contribution outside of the five -year zone of contribution if they are not within 10 vertical feet of the seasonal high water table. If a fixed radii method is used to delineate a well head protection area, the surface mining applicant may elect to more precisely delineate the well head protection boundary using an analytical model; provided, that the delineated boundary proposed by the surface mining applicant are prepared by a professional hydrogeologist; and further provided, that the delineated boundary has been reviewed and approved by the Washington State Department of Health. The hydrogeologist shall be selected by mutual agreement of the county, water purveyor, and applicant; provided, if agreement cannot be reached the applicant shall select a consultant from a list of no less than three qualified consultants supplied by the county and water purveyor. (3) Buffers are established of sufficient size and with sufficient vegetation or berming to ensure that noise, dust, and other impacts to surrounding property owners are within applicable regulations and performance standards. When completing a reclamation segment, buffer may be reduced for a three -month period to establish the final reclaimed topography. (4) The applicant provides insurance policies or a similar type of protection as appropriate to cover potential liabilities associated with the proposed activity, renewals e bonds or insurance be submitted upon expiration of previous bonds or insurance. The bonding agent shall notify the county on any change of status in the bond. (5) Application of additional site specific conditions may be required to mitigate potential impacts that are not otherwise regulated through WCC 20.73.650 and 20.73.700 or through federal, state, or local regulations. Anna e+ (76) Appeal to the hearing examiner under WCC 20.84.325 of an administrative permit shall be made by de novo review. P.4