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HomeMy WebLinkAboutord2000-017WHATCOM COUNTY COUNCIL AGENDA BILL NO.-2000 - 69 B CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong. Dept.: County Council 04/11/2000 � \U/ E If-U L CO E ',I APR 1 1 2000 WHA1 C(}flt'. Well Ml W /18 /2000 Introduction Division Head: `I. NAT R. CS Dept.Head: praseppor: s /sa>a Budget: Breweve: SUBJECT Ordinance establishing WCC 2.120 - Surface Mining Advisory Committee ATTACHMENTS SUMMARY STATEMENT• Related County Contract #: Should the Clerk schedule a hearing? (YM N Requested Date: Ordinance establishing Whatcom County Code Section 2.120 - creating the Whatcom County Surface Mining Advisory Committee (SMAC) RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN: 2000 -69B 4118/2000: Introduced 502000: Adopted 6-1, Hoag opposed, Ord. #2000 -017 Related Fide Numbers: Ordinance or Resolution Number (this item only): timb on.* VFW -Oter I / I Surtace Mining Committee ord.doc 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SPONSOREDBY: Consent PROPOSED BY: McShane INTRODUCTION DATE: 4/18/2000 ORDINANCE NO. 2000 -017 ESTABLISHING WHATCOM COUNTY CODE 2.120, CREATING THE WHATCOM COUNTY SURFACE MINING ADVISORY COMMITTEE WHEREAS, the Whatcom County Comprehensive Plan Mineral Resource Action Plan, Item #5, calls for the formation and maintenance of an ongoing advisory committee consisting of representatives of diverse interests to address surface mining issues; and WHEREAS, the Whatcom County Council's Natural Resources Committee held public meetings on February 8, February 22, March 10, March 21, and April 4, 2000, to receive and consider testimony and written comment regarding the formation of a Surface Mining Advisory Committee (SMAC); and WHEREAS, after careful consideration of all testimony received, the Natural Resources Committee formulated recommendations regarding the Committee to forward to the full Council; and WHEREAS, the Whatcom County Council reviewed the Natural Resources Committee recommendations at a regular meeting on April 4, 2000; and WHEREAS, the Council finds the formation of a SMAC to be in the best interest of public health, safety, and welfare, based on the following findings and conclusions: FINDINGS 1. The Whatcom County Comprehensive Plan calls for the formation and maintenance of a Surface Mining Advisory Committee consisting of representatives of diverse interests. 2. The SMAC should be advisory to Whatcom County Planning and Development staff and to the County Council. The SMAC should address the action items for the Mineral Resource element of the Whatcom County Comprehensive Plan. Page I 1 2 3 CONCLUSIONS 4 5 6 7 8 9 10 NOW, THEREFORE, BE IT ORD 11 hereby establishes Whatcom County C 12 Surface Mining Advisory Committee as 13 14 ADOPTED this 2 day of May 15 16 17 1g ATTEST: 19 20 21 22 Dana Brown- Davis, Clerk of the Council 23 24 25 APPROVED AS TO FORM: 26 27 D ^ 28 �1 29 30 Civil Deputy Prosecutor 31 AINED that the Whatcom County Council Co The formation of a Surface Mining Advisory Committee to address the 12 action items of the Mineral Resource element of the Whatcom County Comprehensive is consistent with the Whatcom County Comprehensive Plan. 2.120, creating the Whatcom County outlined in Exhibit A to this ordinance. Page 2 2000 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON MVIene D son, Council Chair ( Approved( ) Denied Pete Kremen, County Executive 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 EXHIBIT A 2.120 SURFACE MINING ADVISORY COMMITTEE Sections: 2.120.010 2.120.020 2.120.030 2.120.040 2.120.050 2.120.060 Established. Purpose. Function Membership - Term of Office. Organization - Meetings. Committee Staffing. 2.120.010 Established. There is hereby established the Whatcom County Surface Mining Advisory Committee (SMAC). 2.120.020 Purpose. The committee is created to advise the Whatcom County Planning and Development Services Department and the Whatcom County Council on implementing surface mining regulatory program consistent with the Comprehensive Plan. 2.120.030 Function. The committee will address the action items of the Mineral Resources element of the Whatcom County Comprehensive Plan. Upon appointment to the committee, members shall review the Whatcom County Council's Natural Resources Committee meeting minutes and handouts from the public meetings on the formation of the Surface Mining Advisory Committee. The committee shall take direction from the Whatcom County Council as to the priority of the action items as follows: Action #5: Implement a surface mining regulatory program, consistent with the comprehensive plan, which addresses those areas where there is a conflict between land uses. Maintain an ongoing advisory committee consisting of representatives of diverse interests. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Action #3: Develop a coordinated and consistent approach for the regulation and enforcement of mineral extraction and accessory uses. Eliminate unnecessary regulations and permit. Make the regulatory process more efficient and timely, while protecting the land use rights of those affected. Action #11: Budget, initiate and complete a Comprehensive Construction Aggregate Study (CCAS) to document the short and long range availability and location of quality mineral resources, to be completed within five years of the adoption of the comprehensive plan. Update the CCAS as needed based on the outcome of the study. Action #8: Develop a program for the use of alternative methods and materials in County projects. 2.120.040 Membership — Term of Office. A. The committee shall consist of the following individuals: 1. One civil or geotechnical engineer with no direct or indirect financial business ties to the industry; 2. One material user; 3. One geologist; 4. Two members of the surface mining industry; 5. One citizen who lives in close proximity to active mining, mineral overlay area, or quarry; 6. One representative of agriculture from the Conservation District; 7. One representative of forestry; 8. One representative of ground water as a potable, domestic supply, specifically a public water system or private well owner; 9. one ecologist 10. one environmental consultant B. Committee members shall be appointed by the County Council. Member terms will be 2 years; provided that terms of members first appointed will be staggered so that half of the committee members shall be appointed for one year. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2.120.050 Organization - Meetings. Meetings of the committee shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. The committee shall determine its own meeting schedule, but shall meet at least once every month. At every meeting, the committee will schedule an open session to take public comment on surface mining issues.. Written and audio records of meetings, resolutions, findings and recommendations shall be kept and such records shall be public. The committee shall adopt its own rules and procedures for the conduct of business. The committee shall elect a chairperson from among its members who shall preside at its meetings. 2.120.060 Committee Staffing. The Whatcom County Planning and Development Services Department shall provide staffing for the committee. Page 3