HomeMy WebLinkAboutord2015-0162014-344WHATCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES Initisl Date Date Received in Councíl Offìce Apenda Døle Assisned lo:
Originalor: Joshua
Fleischmann /r 3/r62015
tREOF:J[\/IED
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WHATCOM CCIUNTY
COUNCIL
)
r I /I 2/201 4
Natural Resources
Committee
Division: Mark
Personius
(t/ uP 3/r62015 11/r220r4
I2ß2014
Introduction
Nat. Rec. Comm.
Depl. Head: J.E.
,,Sam,'Ryan 4Þþ 3 -/7-/;I/r320Is Nat. Rec. Comm./
Introduction
Prosecator: Royce
Buckingham iav Slrtl tf 12720r5
2/r0201s
Public Hearing
Introduction
Purchasing/Budget:
ll 2242015
3ß2015
Public Hearing
Public Hearins
Executive: Jack
Louws á
^/gL
&/e+/t:3/3r20Is
4/t4/20l-5
IIR / Intröduction
PubIic Hearing
TITLE OF DOCUMENT:Amendments to the mineral resources oortion
of the comprehensive plan and zoning code
ATTACHMENTS:
1) Staff Memo to Council
2) Proposed Ordinance
3) Exhibit A - Natural Resources Committee
4) Option 2 - Surface Mining Advisory Committee and Planning Commission Proposed Amendments
5) Staff report to Planning Commission - PC Findings and Recommendation
6) Surface Mining Advisory Committee proposal for Conditional Use rather than Administrative Approval
7) Comprehensive Plan Map and Zoning Map Amendment - MRL Designation process comparison
8) Permitting process comparisonfor mineral extraction
SEPA review requbed? ( X )
SEPA review completed? ( X )
Yes
Yes
( )No( )No
ShouldClerkscheduleaheøring? (X ) Yes
Requested Døte:
( )No
SUMMARY STATEMENT OR LEGAL NOTICE LzINGUAGE: (IÍthis ìtem is un otdinance or requíres a publíc
hearing, you must provide the languagefor use in the required public notíce. Be speciftc ønd cile RCW or WICC us appropríale. Be
clear ín explaíning the inlenl of lhe øctíon.)
Proposed amendments to the Mineral Resources portion of the Comprehensive Plan and Zoning Code. The
proposed Comprehensive Plan amendments include chanþes to general mineral extraction policies that
implement Goal BK (adverse impacts), Goal 8Q (MRL designation), and MRL Designation Criteria. Proposed
amendments to the zoning code include altering the permitting process from administrative approval use to
a conditional use permit, changing the distance from rural or residential districts that surface mining
activities associated with forest practices within the forestry zones trigger a discretionary permit, changing
the notification distance for discretionary permits associated with surface mining, requiring noxious weeds
to not be established in buffers of surface mining operations, limiting the area of active mineral extraction,
and requiring compliance with regulations and permits for neighboring mines of common beneficial
ownership. County Planning Department staff and Washington State Department of Natural Resources staff
will be available to discuss mineral resource extraction processes in Washington State
COMMITTEE ACTION:COUNCIL ACTION:
See next page of this agenda bill for the updates
Related County Contract #:Related Fíle Numbers:Ordinance or Resolution Number:
Ord. 2015-016
Please Note: Once adopted and signed, ordínances and resolutions are avøilable for víewíng und printing on
th e Co unty's we bsíte at : yww.co.whatcotttwa. us/co uncíL.
YI/HATCOM COUNTY COUNCIL AGENDA BILL NO.)nl ¿-?¿¿ (Cont. )
CLEARANCES Initial Date Døte Received in Coancil Offi.ce Asenda Date Assisned to:
Originalor
I 1/12/14
12/9/14
NR & Introduction
NR Commíttee
Division Head;
1/13/t s
127/1s
NR & Introductíon
Puhlíc Hearins
Dept. Head:
2/1 0/1 s Introduction
Proseculor:
3ß/15
3ß1/1s
Publíc Heøríng
NR & Inlroduclion
Purchasing/Budgel,
4/14/1 s Public Hearìng
Executíve.
TITLE OF DOCUMENT:
Amendments to the Mineral Resources portion oÍthe comprehensive Plan and Zoning Code
ATTACHMENTS:
l) Staff Memo to Councíl
2) Proposed Ordínance
3) Exhibít A - NR Commíttee
4) Optìon 2 - Surføce Miníng Advisory Commíttee and Planníng Commíssíon Proposed Amend.ments
5) Støff report to Plønning Commission - PC Fíndings ønd Recommendation
6) Surface Mining Advisory Committee proposøl for Conditìonøl ase røther thøn Admìnìstrative Approvøl
7) Comprehensive Pløn Map øruL Zoning Map Amendment - MRL Designøtion process comparíson
8) Permitting process compørison for mineral extraction
SEPA review required?
SEPA review completed?
( )Yes( )Yes
( )No( )No
ShouldClerkscheduleahearing? ( )Yes ( )NO
Requested Døte:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item ís an ordinance or reqaires ø public
heøring, yoa must provìde the lønguøge for use ín the required public notice. Be speciJic and cite RCW or IVCC as øppropriate. Be
cleør in expløíning the intent of the øction.)
COMMITTEE ACTION:
lI/I2/2oI4z Withclrawn fron the agenda
12/9/2OI4z Heltl in Corunittee
I/I3/2OI52 Amended and approved Exhibit A
3/3I/2OI5Z funencled and approved in NR Cornrnittee,
Substitute will be introduced
COUNCIL ACTION:
I/L2/2oI4: Withttrawn fron the agenda
2/9/2OL4z Helcl in Committee
/13/ 2oI5z Substitute introduced 7-0
/27/2OLSz Revised version tobe introduced on 2/lO/15
/IO/2OI5: Amended and Introduce¿t 7-0
/3/2015: Held in Council 4-2, Mann and I¡leimer opposed,
referred to Surface Mining Advisory Connittee
/31/2OI5: Substitute introduced 6-0, Kremen absent
2015:Forwarded for Concurrent Review
2015: Adopteal 7-0, Orct. 2015-016
Reløted County Contract #:Related Fíle Numbers:Ordínance or Resolution Number:
Ord. 2015-016
Please Note: Once adopted and signed, ordinances ønd resolutions are available for viewing and prínting on
the County's web síte at: Aww. co.rehütco m.h)ü. us/co uncíL.
PROPOSED BY :Wetmer/Brenner
SPONSORED BY:
INTRODUCTION DATE | 03/3L/2015
ORDINANCE NO. 2015- 016
AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE COMPREHENSIVE
PLAN REGARDING SURFACE MINE PERMITTING, THE MINERAL RESOURCE
LANDS DESIGNATION PROCESS AND MINERAL RESOURCE LANDS
DESIGNATION CRITERIA.
WHEREAS, an application has been submitted to amend the Rural (R),
Agriculture (AG), Rural Forestry (RF)and Commercial Forestry (CF) zoning districts
and Mineral Resource Land (MRL) Special district to require a conditional use permit
for surface mining subject to Washington State's Surface Mining Act; and
WHEREAS, the proposed amendment has been reviewed under the State
Environmental Policy Act (SEPA); and
WHEREAS, in accordance with RCW 36,704,106 Whatcom County Planning
and Development Services notified the Department of Commerce of the proposed
zoning text and comprehensive plan amendments; and
WHEREAS, notice of the Whatcom County Planning Commission hearing on
the proposed amendment was published in the Bellingham Herald; and
WHEREAS, the Whatcom County Planning Commission held a work session
on the proposed amendment; and
WHEREAS, the Whatcom County Planning Commission held a public hearing
on the proposed amendment and considered all testimony; and
WHEREAS, the Whatcom County Planning Commission forwarded its findings
and reasons for action to the County Council; and
WHEREAS, the Whatcom County Council has reviewed the Planning
Commission recommendation; and
WHEREAS, the Whatcom County Council held 2 work session in the Natural
Resources Committee; and
WHEREAS, the Whatcom County Council held a public hearing on the
proposed amendment and considered all testimony; and
Page 1
WHEREAS, Whatcom County's goal is to take the lead to create MRL
designations by doing a general environmental review of areas the County deems
environmentally appropriate; and
WHEREAS, the Whatcom County Council hereby adopts the following
findings of fact and conclusions:
FINDINGS
1. An application for Comprehensive Plan and related zoning amendments was
received by Whatcom County on December 2t,20L2.
A revised application for Comprehensive Plan and related zoning
amendments was received by Whatcom County on January 23,2OL3.
A determination of non-significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on July 5,20L3. The associated comment
period ended July 19, 20L3 and the appeal period concluded July 29'20L3
The Surface Mining Advisory Committee held work sessions with Whatcom
County PDS Staff on March 26,2014; April 23,20L4; May 28,20t4, June 25,
20t4; and July 23,2OL4.
A press release of the Planning Commission briefing was published in the
Bellingham Herald on 09/08/20L4
6. The Planning Commission held a work session on September 1L,20t4.
7. The Planning Commission held a public hearing on October 23,2OL4.
Notice of the proposed amendment was sent to the Department of
Commerce on 8/15 /20t4.
2
3
4
5
8
9 On 08/20 /20t4 the Department of Commerce acknowledged receipt of the
notice, and that a copy of the notice had been forwarded to other state
agencies.
The Growth Management Act (GMA) includes multiple planning goals that are
relevant to the proposed comprehensive plan amendments,
10
Page 2
11
t2
13
GMA Planning Goal #7: Applications for both state and local government
permits should be processed in a timely and fair manner to ensure
predictability,
Through previous MRL designation proposals, it has been affirmed that MRL
designation is not a "right-to-mine", insomuch as upon receiving MRL
designation, a permit is still required for the act of mineral extraction.
The proposed amendments to Policy BK-2 clarify that maintenance and
upgrade of public roads take place before approving mineral extraction. This
would ensure that any necessary maintenance or upgrades are in direct
relationship to an impact from a specific mineral extraction permit. This
policy also clarifies that all traffic, not just truck traffic, on county roads is
addressed in a fair and equitable fashion.
GMA Planning Goal #tL: Encourage the involvement of citizens in the
planning process and ensure coordination between communities and
jurisdictions to reconcile conflicts
The proposed amendments to Policy 8Q-4 alter the permitting process from
administrative approval to conditional use. Through the administrative
approval use and conditional use processes, State Environmental Policy Act
(SEPA) review (and associated public comment period) is only required if
certain thresholds are met (which in the case of commercial mineral
extraction they would be). The administrative approval use process does not
include a public hearing unless a Planning and Development Services (PDS)
staff decision is appealed. Presently, the fee to appeal an administrative
approval is $500. Through the conditional use process, there is a public
hearing before the Hearing Examiner, The proposed amendment would
result in a public hearing process that is presently absent without the need
for an appeal.
Proposed language as part of the zoning code WCC 20.90.045(2Xd) amends
the notification requirements involving rezoning property to a Mineral
Resource Land designation to 2,000 feet of the external boundaries of the
subject property. The present requirement is 1,000 feet, The amendment
will result in more citizens receiving notices and having the opportunity to be
involved in the planning process,
Whatcom County's County-Wide Planning Policy A-3 states: Citizens shall be
notified in a timely manner of opportunities to have input and key decision
points in the planning process, This should include actions such as use of
telephone hotlines, notification to interest groups, pre-development
meetings, early incorporation of public comments and broader notification of
property owners and residents during a planning process as well as working
Page 3
L4.
15.
16.
more extensively with community and neighborhood groups. The cities shall
also develop a public participation process to solicit and incorporate
comments from residents outside city limits but within proposed Urban
Growth Areas
The proposed amendments to Policy 8Q-4 alter the permitting process from
administrative approval to conditional use. Through the administrative
approval use and conditional use processes, State Environmental Policy Act
(SEPA) review (and associated public comment period) is only required if
certain thresholds are met (which in the case of commercial mineral
extraction they would be). The administrative approval use process does not
include a public hearing unless a Planning and Development Services (PDS)
staff decision is appealed. Presently, the fee to appeal an administrative
approval is $500. Through the conditional use process, there is a public
hearing before the Hearing Examiner, The proposed amendment would
result in a public hearing process that is presently absent without the need
ior an appeal.
Proposed language as part of the zoning code WCC 20.90.045(2Xd) amends
the notification requirements involving rezoning property to a Mineral
Resource Land designation to 2,000 feet of the external boundaries of the
subject property. The present requirement is 1,000 feet. The amendment
will result in more citizens receiving notices and having the opportunity to be
involved in the planning process,
There are no interlocal agreements affecting the proposed amendments.
Whatcom County Comprehensive Plan contains goals and policies that are
applicable to the proposal.
Proposed Policy 8K-2: Consider the maintenance and upgrade of public
roads before approving mineral extraction. Address all traffic on county
roads in a fair and equitable fashion.
The underline and strikethrough represent changed conditions from the
present policy. Within the past few years, applications for MRL designation
have resulted in a public process where citizens have requested that impacts
from mineral extraction be considered as part of MRL designation.
Proponents of MRL designation note that the purpose of designation is to
protect the resource from incompatible uses, and that designation is not a
right-to-mine. Twice since 2006, a Comprehensive Plan map and zoning map
amendment application for the expansion of a MRL designation has reached
the County Council, and both times the amendment was not approved by
Council. Consideration of maintenance and upgrade of public roads may not
be possible without a mineral extraction plan, which is not presently required
Page 4
as part of the MRL designation process, Mineral extraction permits are
presently reviewed by Public Works - Engineering for potential impacts to
public roads, and necessary maintenance and upgrading of the roads may be
required for approval,
The proposed amendments alter the permitting process from administrative
approval to conditional use. Through the administrative approval use and
conditional use processes, State Environmental Policy Act (SEPA) review (and
associated public comment period) is only required if certain thresholds are
met (which in the case of commercial mineral extraction they would be).
Through the SEPA process, impacts to public roads are considered through
Checklist Item #L4 Transportation as part of the permitting process,
Exhibit A proposes that all traffic, not just truck traffic, on county roads be
addressed in a fair and equitable fashion,
L7 Proposed Policy 8K-7: Designate site-specific mineral resource lands only
after mineral extraction impacts have been anticipated and evaluated, and
potential adverse environmental impacts have been addressed through
appropriate mitigation and/or reasonable alternatives.
Within the past few years, applications for MRL designation have resulted in a
public process where citizens have requested that impacts from mineral
extraction be considered as part of MRL designation. Proponents of MRL
designation note that the purpose of designation is to protect the resource
from incompatible uses, and that designation is not a right-to-mine. Twice
since 2006, a Comprehensive Plan map and zoning map amendment
application for the expansion of an MRL designation has reached the County
Council, and both times the amendment was not approved by Council.
Anticipation and evaluation of potential adverse environmental impacts
associated with mineral extraction, and mitigation and/or reasonable
alternatives may not be possible without a mineral extraction plan, which is
not presently required as part of the MRL designation process.
18, Proposed Policy 8K-8: Expansion of MRL designations to parcels contiguous
to, and held by more than 1olo common beneficial ownership or beneficial
interest with, an existing mine, shall require that the existing mine is
substantially in compliance with all operating permits and regulations before
expansion of the designation will be approved and must be in complete
compliance before extraction of the additional area may commence,
In December 2010, Whatcom County PDS received an application for a
Comprehensive Plan map and zoning map amendment to expand an existing
MRL designation. The mine associated with the MRL designation has
received stop work orders and been assessed penalties as part of a notice of
violation. The operation within this MRL is now going through receivership.
Page 5
19,
No work has been done on the Comprehensive Plan MRL expansion
amendment for over 2 years, and there is presently no mining activity
occurring. The proposed policy attempts to clarify that non-compliance by a
mineral extraction operator would not impact the ability of another
landowner to expand an MRL designation.
Proposed Policy 8Q-4: Allow mining within designated MRLs through a
conditional use permit process requiring:
(1) On-site environmental review, with county as lead agency, and
(2) application of appropriate site specific conditions, and
(3) notification to neighboring property owners within 2,000 feet to insure
opportunity for written and oral input,
The underlines and strikethroughs represent changed conditions from the
present policy. The proposed amendments to Policy 8Q-4 alter the
permitting process from administrative approval to conditional use, Criterion
#4 of Policy 8Q-4 would be unnecessary through the conditional use process,
since conditional use approval is made by the Hearing Examiner. Through
the administrative approval use and conditional use processes, State
Environmental Policy Act (SEPA) review (and associated public comment
period) is only required if ceftain thresholds are met (which in the case of
commercial mineral extraction they would be). The administrative approval
use process does not include a public hearing unless a Planning and
Development Services (PDS) staff decision is appealed. Presently, the fee to
appeal an administrative approval is $500, Through the conditional use
process, there is a public hearing before the Hearing Examiner. The
proposed amendment would result in a public hearing process that is
presently absent without the need for an appeal. However, it is worth noting
that, according to former PDS geologist, Doug Goldthorp:
"Since the inception of the surface mining administrative approval use
permit requirement in 1997, 24 surface mining administrative approval
use applications (ADMs), and the 3 amendment applications to those
ADMs have been conditionally approved. There was either a DNS,
MDNS, and one DS SEPA determination in each case. Of the 27
combined ADMs, ADM amendments and associated SEPA
determinations, 3 appeals (11olo) have been filed and adjudicated by
the WC Hearing Examiner. In all 3 cases, the Hearing Examiner has
upheld the staff determination. In a few cases, the Hearing Examiner
determination has been upheld by the WC Council, and in one case,
upheld by the WA Superior Court."
This information indicates that, while the sample size is relatively small, the
Technical Administrator's determinations have been upheld as appropriate,
when challenged. However, the purpose of the amendment is to ensure a
Page 6
20.
2L
23.
24.
22
public process that is presently absent, and this amendment would provide
an avenue for a public process.
Proposed language as part of the zoning code WCC 20,90.045(2Xd) amends
the notification requirements involving rezoning propefty to a Mineral
Resource Land designation to 2,000 feet of the external boundaries of the
subject property. The present requirement is 1,000 feet. The amendment
will result in more citizens receiving notices and having the opportunity to be
involved in the planning process.
There is no anticipated effect upon the rate or distribution of population
growth, employment growth or development of land as envisioned in the
Comprehensive Plan, as a result of the proposed Comprehensive Plan
amendments.
The proposed comprehensive plan amendments may affect the ability of the
county and/or other service providers to provide adequate services and
public facilities including transportation facilities,
The rate of conversion to mineral resource lands from agriculture and
forestry may slow, positively impacting the protection of agriculture and
forestry lands.
The proposed amendment does not change the zoning of any area therefore
the amendment does not include nor facilitate illegal spot zoning.
Goal 2G: Encourage citizen pafticipation in the decision-making process
The proposed amendments to Policy 8Q-4 alter the permitting process from
administrative approval to conditional use. Through the administrative
approval use and conditional use processes, State Environmental Policy Act
(SEPA) review (and associated public comment period) is only required if
certain thresholds are met (which in the case of commercial mineral
extraction they would be). The administrative approval use process does not
include a public hearing unless a Planning and Development Services (PDS)
staff decision is appealed. Presently, the fee to appeal an administrative
approval is $500. Through the conditional use process, there is a public
hearing before the Hearing Examiner, The proposed amendment would
result in a public hearing process that is presently absent without the need
for an appeal.
Proposed language as part of the zoning code WCC 20,90.045(2Xd) amends
the notification requirements involving rezoning property to a Mineral
Resource Land designation to 2,000 feet of the external boundaries of the
subject property, The present requirement is 1,000 feet. The amendment
Page 7
25.
will result in more citizens receiving notices and having the opportunity to be
involved in the planning process.
Policy 2D-3: Streamline development regulations to eliminate unnecessary
time delays.
Surface mining can be controversial, with neighbors of mines sometimes
opposed due to possible impacts of mining activities. This opposition may
take the form of appealing administrative decisions made by PDS staff to the
Hearing Examiner. By changing the review process to conditional use, the
Hearing Examiner would make an initial determination based on a staff
report, potentially resulting in one less step between an application and a
final outcome,
26. Policy 7D-7: Streamline and coordinate the permit process and sustain a
supportive customer service approach towards permitting,
Surface mining can be controversial, with neighbors of mines sometimes
opposed due to possible impacts of mining activities. This opposition may
take the form of appealing administrative decisions made by PDS staff to the
Hearing Examiner. By changing the review process to conditional use, the
Hearing Examiner would make an initial determination based on a staff
report, potentially resulting in one less step between an application and a
final outcome.
27.Policy 8K-1: Avoid significant mineral extraction impacts on adjacent or
nearby land uses, public health and safety, or natural resources.
The proposed amendments to Policy BQ-4 alter the permitting process from
administrative approval to conditional use. Through the administrative
approval use and conditional use processes, State Environmental Policy Act
(SEPA) review (and associated public comment period) is only required if
certain thresholds are met (which in the case of commercial mineral
extraction they would be). The administrative approval use process does not
include a public hearing unless a Planning and Development Services (PDS)
staff decision is appealed. Presently, the fee to appeal an administrative
approval is $500. Through the conditional use process, there is a public
hearing before the Hearing Examiner. The proposed amendment would
result in a public hearing process that is presently absent without the need
for an appeal, In addition to SEPA review and a public hearing before the
Hearing Examiner, the Hearing Examiner has the authority to condition
permits in order to minimize or avoid significant impacts to neighboring
lands, health and safety, and natural resources.
Page B
28. Policy 8N-2: Allow rock crushing, washing and sorting in the forest zones
when appropriate as long as conflicts with other land uses can be mitigated.
Rock crushing, washing and sorting are presently, and will continue to be,
allowed uses within the forest zones, when within a MRL. Proposed
amendments to Policy 8Q-4 alter the permitting process from administrative
approval to conditional use, Through the administrative approval use and
conditional use processes, State Environmental Policy Act (SEPA) review (and
associated public comment period) is only required if certain thresholds are
met (which in the case of commercial mineral extraction they would be).
Through the conditional use process, there is a public hearing before the
Hearing Examiner. In addition to SEPA review and a public hearing before
the Hearing Examiner, the Hearing Examiner has the authority to condition
permits in order to minimize or avoid significant impacts to neighboring
lands, health and safety, and natural resources.
29. Policy BN-3: Allow commercial surface mining operations in the forest zones
when appropriate as long as conflicts with other land use zones can be
mitigated.
Commercial surface mining operations are presently, and will continue to be,
allowed uses within the forest zones, when within a MRL, Proposed
amendments to Policy 8Q.4 alter the permitting process from administrative
approval to conditional use. Through the administrative approval use and
conditional use processes, State Environmental Policy Act (SEPA) review (and
associated public comment period) is only required if certain thresholds are
met (which in the case of commercial mineral extraction they would be).
Through the conditional use process, there is a public hearing before the
Hearing Examiner. In addition to SEPA review and a public hearing before
the Hearing Examiner, the Hearing Examiner has the authority to condition
permits in order to minimize or avoid significant impacts to neighboring
lands, health and safety, and natural resources.
30, Goal 10J: Minimize conflicts between different land uses.
The proposed amendments to Policy BQ-4 alter the permitting process from
administrative approval to conditional use. Through the administrative
approval use and conditional use processes, State Environmental Policy Act
(SEPA) review (and associated public comment period) is only required if
certain thresholds are met (which in the case of commercial mineral
extraction they would be), The administrative approval use process does not
include a public hearing unless a Planning and Development Services (PDS)
staff decision is appealed, Presently, the fee to appeal an administrative
approval is $500. Through the conditional use process, there is a public
hearing before the Hearing Examiner, The proposed amendment would
Page 9
31.
result in a public hearing process that is presently absent without the need
for an appeal. In addition to SEPA review and a public hearing before the
Hearing Examiner, the Hearing Examiner has the authority to condition
permits in order to minimize or avoid significant impacts to neighboring
lands, health and safety, and natural resources.
Policy 118-5: Process the environmental review of building and development
applications within an established time-frame that is predictable and
expeditious.
The proposed amendments to Policy 8Q-4 alter the permitting process from
administrative approval to conditional use. Through the administrative
approval use and conditional use processes, State Environmental Policy Act
(SEPA) review (and associated public comment period) is only required if
certain thresholds are met (which in the case of commercial mineral
extraction they would be), Whatcom County Code (WCC) 2.33 - Permit
Review Procedures states that unless otherwise exempted in WCC 2.33.O20
or 2.33.090(C), the county shall issue a notice of final decision on an
administrative approval use or conditional use within 90 days of the date of
completeness if the project is exempt from SEPA review. If the project is
subject to SEPA review, the county shall issue a notice of final decision within
120 days.
32.The Aggregate Resource Inventory 2Ot4 Study Update Whatcom County,
Washington (December 22, 20L4) estimates that aggregate reserves within
existing MRLs will be depleted in 2042 and bedrock reserves will be depleted
in 2079, based on estimated reserves and per capita consumption.
33 MRL designation does not determine all usable aggregate within Whatcom
County.
CONCLUSIONS1. The subject Comprehensive Plan amendments are consistent with the
approval criteria of WCC 2,160,080. The subject zoning text amendments
were processed in accordance with WCC 20.90.050
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
the Whatcom County Zoning Code is hereby amended as shown in Exhibit A,
BE IT FURTHER ORDAINED Whatcom County will work to create MRL
designations by doing a general environmental review of areas the County deems
appropriate.
BE IT FURTHER ORDAINED that if any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid or
Page 10
unconstitutional; such decision shall not affect the validity of the remaining portions
of this ordinance. The Council hereby declares that it would have passed this code
and each section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases has
been declared invalid or unconstitutional, then the original ordinance or ordinances
shall be in full force and effect,
day of Anrir ,20t5,
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTONA
Da e Council rl Weimer, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM SHINGTON
Jack Louws cutive
s¡y lN
-Þ-*
/l¡¡¡¡¡¡¡¡t\\\\
APPR ED AS TO FO
Buckingh
Civil Deputy Prosecutor
( f,nnnroveo () Denied
Date Signed:
Page 11
Exh¡b¡t A
Title 2O Zoning Amendments
Chapter 20.36
RURAL (R) DTSTRTCT
20.36.15O Conditional uses.
.L97 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing and softing, when within a Mineral Resource
Land Special District subject to the requirements of Chapter 20.73 WCC and all
other applicable regulations,
Chapter 2O.4O
AGRTCULTURE (AG) DTSTRTCT
zlJ.4O.15O Conditional uses.
,L97 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing and sorting, when within a Mineral Resource
Land Special District subject to the requirements of Chapter 20.73 WCC and all
other applicable regulations. Site reclamation must be to agricultural use within any
MRLs adopted after May t, 2OOL. No off-site dust shall be generated from the
operation.
Chapter 20,42
RURAL FORESTRY (RF) DTSTRTCT
2O.42.O5O Permitted uses.
.O58 Surface mining, rock crushing, washing and sorting subject to the Forest
Practices Act (Chapter 76,09 RCW); provided, that a conditional use permit is
required for accessory rock crushing activities located within 2,000 feet from a rural
or residential district,
20.42.150 Conditional uses.
.L97 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing, sorting, and rock crushing, when within a
Mineral Resource Land Special District subject to the requirements of Chapter 20.73
WCC and all other applicable regulations.
1
Chapter 2o.43
coMMERCTAL FORESTRY (CF) DTSTRTCT
20.43,O5O Permitted uses.
.O55 Surface mining, rock crushing, washing and sorting subject to the Forest
Practices Act (Chapter 76,09 RCW); provided, that a conditional use permit is
required for accessory rock crushing activities located within 2,000 feet from a rural
or residential district.
20.43.I5O Conditional uses.
.189 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing, sorting, and rock crushing when within a
Mineral Resource Land Special District subject to the requirements of Chapter 20.73
WCC and all other applicable regulations.
Chapter 20.73
MTNERAL RESOURCE LANDS SPECTAL DTSTRTCT (MRL)
20.73.13O Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
wcc 20.84.235.
.L32 Rock crushing within Commercial and Rural Forestry Districts when located
further than 2,000 feet from a rural or residential district.
20.73.15O Conditional uses.
.L52 Mineral processing facilities including rock crushing, asphalt and concrete batch
plants and accessory washing and sorting.
.153 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW); provided that:
(1) The notification requirements of WCC 2,33.060,D.2.b shall be expanded to all
property owners within 2,000 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 occur
within the five-year zone of contribution for designated well head protection areas.
Excavations may occur within the 1O-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
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protection boundary using an analytical model; provided, that the delineated
boundary proposed by the surface mining applicant is 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, noxious weeds 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,
(a) The applicant provides insurance policies or a similar type of protection as
appropriate to cover potential liabilities associated with the proposed activity,
renewals of 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
20.73.70O or through federal, state, or local regulations.
(6) Notice of the decision shall be mailed to all property owners within 2,000 feet of
the external boundaries of the subject property within two days of issuance of the
decision. The applicant shall provide typed, self-adhering mailing labels with the
names and addresses of all property owners within 2,000 feet of the subject
property with the application to facilitate the notice.
(7) Where the underlying zoning is Rural Forestry or Commercial Forestry, any
mineral extraction permit shall include the condition that no greater than 40 acres
can be mined within the permitted area at any one time. Additional acreage may
only be added after an equal amount of previously mined land has met reclamation
criteria as identified on an approved Department of Natural Resources Surface
Mining Reclamation Permit, less the area of any roads constructed in previously-
mined land, to access a newly permitted area.
(B) When mineral extraction is proposed on a parcel that was not designated Mineral
Resource Lands prior to January I,201-5, all existing mines on parcels contiguous
to, and held by more than 1olo common beneficial ownership or beneficial interest
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with the proposed mine shall be in complete compliance with all operating permits
and regulations before extraction of the proposed mine may commence.
Chapter 2O.9O
AMENDMENTS
20.90.O45 Notice for quasi-judicial rezones.
(2) Notice shall be mailed to property owners as follows:
(d) For zoning map amendments that involve rezoning property to a Mineral
Resource Land designation: At least 10 days prior to the scheduled hearing
date, hearing notice shall be mailed to all property owners within 2,000 feet of
the external boundaries of the subject property as shown by the records of the
county assessor. The applicant shall submit a stamped envelope with a typed
address for each of the above referenced property owners.
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Comprehensive Plan Amendments
MTNERAL RESOURCES - TSSUES, GOALS, AND POLTCIES
General Issues
GOAL 8K:Ensure that mineral extraction industries do not adversely
affect the quality of life in Whatcom County, by establishing
appropriate and beneficial designation and resource
conservation policies, while recognizing the rights of all
property owners.
Policy 8K-2: Consider the maintenance and upgrade of public roads before
approving mineral extraction. Address all traffic on county roads in a
fair and equitable fashion.
Policy BK-3: Avoid adversely impacting water quality. The protection of aquifers
and recharge zones should have precedence over surface mining in the
event it is determined by the county that adverse impacts cannot be
avoided through the standard use of best management practices.
Avoid contamination of aquifers by using uncontaminated and inert
materials for reclamation or onsite storage,
Policy 8K-7: Designate site-specific mineral resource lands only after mineral
extraction impacts have been anticipated and evaluated, and potential
adverse environmental impacts have been addressed through
appropriate mitigation and/or reasonable alternatives.
Policy BK-8: Expansion of MRL designations to parcels contiguous to, and held by
more than 1olo common beneficial ownership or beneficial interest with,
an existing mine, shall require that the existing mine is substantially in
compliance with all operating permits and regulations before expansion
of the designation will be approved and must be in complete
compliance before extraction of the additional area may commence.
Goal 8Q:Designate Mineral Resource Lands (MRLs) containing
commercially significant deposits throughout the county in
proximity to markets in order to minimize construction
aggregate shortages, higher transport costs, future Iand use
conflicts and environmental degradation. Balance MRL
designations with other competing land uses and resources.
Policy 8Q-4: Allow mining within designated MRLs through a conditional use permit
process requiring:
(1)on-site environmental review, with county as lead agency, and
(2)application of appropriate site specific conditions, and
(3)notification to neighboring property owners within 2,000 feet to
insure opportunity for written and oral input.
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MTNERAL RESOURCE LANDS (MRL) - DESTGNATTON
CRITERIA I. Non-Metallic Mineral Deposits
General Criteria10. Site-specific MRL Designations shall only be approved after mineral extraction
impacts have been anticipated and evaluated, and potential adverse
environmental impacts have been addressed through appropriate mitigation
and / or reasona ble a lternatives.
11.MRL Designations must be reviewed for internal consistency with other parts
of the comprehensive plan so that the MRL designation does not preclude
achievement of other pafts of the comprehensive plan.
L2.Expansion of MRL designations to parcels contiguous to, and held by more
than 1olo common beneficial ownership or beneficial interest with an existing
mine, shall require that the existing mine is substantially in compliance with
all operating permits and regulations before expansion of the designation will
be approved,
Additional Criteria for Designated Urban and Rural Areas13. Abutting parcel size density must not exceed one unit per nominal five acres
for more than 25% of the perimeter of the site unless project specific
mitigation is created.
Additional Criteria for Designated Forestry AreasL4. Must demonstrate higher value as mineral resource than forestry resource
based upon:o soil conditions.o qualit)/ of mineral resource.. sustainable productivity of forest resource.
Additional Criteria for Designated Agricultural Areas15. Prohibit MRL designations in areas designated Agriculture by the Whatcom
County Comprehensive Plan that contain "Prime Farmland Soils" as listed in
Table 5, Soil Survey of Whatcom County Area, Washington, U.S. Depaftment
of Agriculture Soil Conservation Service, A Goldin (1983).
River and Stream Gravel16. MRL Designation status applies to river gravel bards possessing necessary
permits and containing significant quality reserves,L7. MRL Designation status may apply to those upland sites located in proximity
to river gravel sources and used primarily for handling and processing
significant amounts of river gravel.
Metallic and Industrial Mineral Deposits18. For metallic and rare minerals, mineral designation status extends to all
patented mining claims.19, Mineral Resource Designation Status extends to all currently permitted
industrial mineral deposits of long-term commercial significance.
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20.All other non-patented mineral deposits must meet the non-metallic MRL
Designation criteria, numbers 6 through 15, as applicable.
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