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HomeMy WebLinkAboutord2015-016strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO.2014-344 CLEARANCES Initíal Dale Dste Received in Councìl Offìce Asenda Date Assísned lo: Originalor: Joshua Fleischmann /r 3/t620r s TREEEJ[\/tEE) t{/''R 2 q ?$'15 WHATCOM COUNTY COUNCIL ) I I/I22OI4 Natural Resources Committee Division: Mark Personius tt/ ujP 3/I 6/201 5 I I/I22OI4 I2/92014 Introduction Nat. Rec. Comm. Dept. Head: J.E. ,,sam" Ryan 1þL 3 -/7/5-r/132015 Nat. Rec. Comm./ Introduction Proseculor: Royce Buckingham ihç 3[rtl tl 1272015 2/10/201 S Public Hearing Introduction Purchasing/Budget: ll 22420r5 3/32015 Public Hearing Public Hearinq Executive: Jack Louws tl "</9L &/a+/r:3ßI/2015 4/14/20l-5 NR / InLröiluctíon Public Hearing TITLE OF DOCUMENT:Amendments to the mineral resources oortion of the comprehensive plan and zoning code ATTACHMENTS: 1) StaffMemo 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 þr 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 reqaired? SEPA revíew completed? (X ) Yes (X )Yes ( )No( )No ShouldClerk scheduleahearíng? (X ) Yes Requesled Dale: ( )No SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this ítem is øn ordinsnce or requìres a public heøríng, you must provide the language for use in the required publíc notice. Be speciJic and cite RCIA or l(CC ss appropríale. Be cleur in explaíning the intenl of lhe øctíon.) Proposed amendments to the Mineral Resources portion of the Comprehensive Plan and Zoning Code, The proposed Comprehensive Plan amendments include changes to general mineral extraction policies that implement Goal 8K (adverse impacts), Goal 8Q (MRL designation), and MRL Designation Criteria. Proposed amendments to the zon¡ng 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 Reløted County Contract #:Related File Numbers:Ordínønce or Resolution Number: Ord. 2015-016 Pleuse Note: Once adopted and signed, ordinances ønd resolutions øre availablefor viewìng ønd printing on the County's website ut: Aww.co.whatcom.wa.us/counc¡1. WHATCOM COUNTY COUNCIL AGENDA BILL NO.)nt /-?11 (Cont. ) CLEARANCES Initíøl Døte Døte Received in Council Offìce Agenda Døte Assigned to: Originalor I t/12/14 12/9/14 NR & Introductíon NR Conníltee Division Head: 1/1 3/t 5 127/1s NR & Introductíon Public Heørine Dept. Head; 2/1 0/1 s Intro¡luction Publíc Hearíng NR & IntroductionProsecutor 3ß/15 3ß1/1s Purchasing/Budget: 4/14/1 s Public Hearing Executive, TITLE OF DOCUMENT: Amendments to the Mineral Resources portion oÍthe comprehensive Plan ønd Zoning Code ATTACHMENTS: 1) Støff Memo to Council 2) Proposed Ordinance 3) Exhibit A - NR Committee 4) Optìon 2 - Surface Míning Advisory Committee and Planning Commissìon Proposed Amendments 5) StafÍrcport to Plønning Commission - PC Findings and Recommendøtion 6) Surface Mìning Advisory Committee proposal for Conditionøl Use rather than Administrative Approval 7) Comprehensive Pløn Map and Zoning Møp Amendment - MRL Desìgnøtion pyocess compøríson 8) Permìtting ptocess compøríson for mineral extrøctíon SEPA review required? SEPA review completed? ( )Yes( )Yes ( ( ) ) NO NO ShouldClerkscheduleøheøring? ( )Yes ( )NO Requested Døte: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is øn ordinønce or requires a public heøríng, Jou must provide the languøge for use in the required publìc notice. Be speciJic and cite RCllt or ll/CC øs øppropriale. Be cleør in expløining the intent of the øction.) COMMITTEE ACTION: II/I2/2OIAI Withclrawn from the agenda 12/9/2oI4: Helcl in Cornnittee I/I3/2OI5z Amended and approved Exhibit A 3/37/2OI5z Anended and approved in NR Committee, Substitute will be introducecl COUNCIL ACTION: I/I2/2OL4z Withctrawn fron the agenda 2/9/20l-42 Helct in Comnittee L3/2OI5Z Substitute introduced 7-0 27/2015: Revised version tobe introduced on 2/LO/15 1O/2OI5z Amencled and Introducecl 7-0 2015: HeId in Council 4-2, Mann and ÌIeimer opposed, referred to Surface Mining Advisory Conmittee 2015: Substltute introduced 6-0, Krenen absent /t4/ ZOts zforwarded for Concurrent Review /14/2OL5z Acloptect 7-0, Ord. 2075-016 Related County Contrøct #:Related File Numbers:Ordinance or Resolution Number: Ord. 2015-016 Please Note: Once adopted ønd signed, ordinances and resolutíons are available for viewing and prìnting on the C o unty's website øt : Aww. co.whatcom.wø. us/co uncil. PROPOSED BY: SPONSORED BY: INTRODUCTION DATE : 03 I3II2OL5 ORDINANCE NO. 2015. 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)-,A¡d Commercial Forestry (CF) zoning districts and Mineral Resource Land (MRL) Special zoningrdistricts 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 publíshed 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 Commissíon 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 Planníng 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 I proposed amendment and considered all testimony; and Page 1 2 3 4 5 WHEREAS, Whatcom Countv'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,2012. A revised application for Comprehensive Plan and related zoning amendments was received by Whatcom County on January 23,20L3. A determination of non-significance (DNS) was issued under the State Environmental Policy Act (SEPA) on July 5,2OI3. The associated comment period ended July 19, 20t3 and the appeal period concluded July 29'2OL3 The Surface Mining Advisory Committee held work sessions with Whatcom County PDS Staff on March 26,2Ot4; April 23, 2Ot4; May 28, 2OL4, June 25, 20L4; and July 23,2OI4. A press release of the Planning Commission bríefing was published in the Bellingham Herald on 09/08/20L4 6. The Planning Commission held a work session on September 11, 20L4. 7. The Planning Commission held a public hearing on October 23,20L4. Notice of the proposed amendment was sent to the Depaftment of Commerce on 8/15/2Ot4. On 08/20 /2OL4 the Department of Commerce acknowledged receipt of the notice, and that a copy of the notice had been forwarded to other state agencies. 8 9 Page 2 10. The Growth Management Act (GMA) includes multiple planning goals that are relevant to the proposed comprehensive plan amendments. 11.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 desígnation is not a "right-to-mine", insomuch as upon receivíng MRL designation, a permit is still required for the act of mineral extraction. The proposed amendments to Policy 8K-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 míneral extraction permit. This policy also clarifies that all traffic, not just truck traffic, on county roads is addressed in a fair and equitable fashion. L2. GMA Planning Goal #IL: 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 condítional 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 condítional use process, there ís 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 paft of the zoníng 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 propefty. The present requirement is 1,000 feet. The amendment will result in more citizens receiving notices and having the oppoftunity to be involved in the planning process. Page 3 13 15 16 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 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 adminístrative 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 propefty to a Mineral Resource Land desígnation to 2,000 feet of the external boundaries of the subject propefty. The present requirement is 1,000 feet. The amendment will result in more citizens receiving notices and having the oppoftunity to be involved in the planning process. L4. There are no interlocal agreements affecting the proposed amendments. Whatcom County Comprehensive Plan contains goals and policies that are applicable to the proposal. 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 more extensively with community and neighborhood groups. The cities shall also develop a public participation process to solicit and incorporate comments from resídents outside city limits but within proposed Urban Growth Areas Proposed Policy 8K-2: Consider the maintenance and upgrade of public roads before approving mineral extraction. Address all truek 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 Page 4 L7. have resulted in a public process where citizens have requested that impacts from mineral extraction be considered as paft of MRL designation. Proponents of MRL designation note that the purpose of designation is to protect the resource from íncompatible 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 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 ceftain thresholds are met (which in the case of commercíal mineral extraction they would be). Through the SEPA process, impacts to public roads are considered through Checklist ltem #L4 Transportation as paft 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. Proposed approoriate 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 paft of the MRL designation process. Page 5 18 19. Proposed Policy 8K-8: Expansion of MRL designations to parcels contiguous ovnancinn nf tho dacinnetinn will hc annrnrtad an¡l muqf hc in rnmnlefc 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 ex¡sting MRL designation. The mine associated with the MRL designatíon has received stop work orders and been assessed penalties as paft of a notice of violation. The operation within this MRL is now go¡ng through receivership. 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 in-attempts to clarify that non-complíance by a mineral extraction operator would not impact the ability of another landowner to expand an MRL desígnation. Proposed Policy 8Q-4: Allow mining within designated MRLs through an admiftistFæive appFeval 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 propefty owners within 2,000 feet to insure oppoftunity for written and oral input ffi ive 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 adminístrative 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 adminístrative approval ís $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 wotth noting that, according to former PDS geologist, Doug Goldthorp: Page 6 "Since the inception of the suface mining administrative approval use permit requirement in 1997, 24 surtace mining admínistrative 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 determinatíons, 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 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 cítizens receiving notices and having the opportunity to be involved in the planning process. 20. 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. 2t. 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 transpottation facilities. 22 The rate of conversion to mineral resource lands from agriculture and forestry may slow, positively impacting the protection of agriculture and forestry lands. 23. The proposed amendment does not change the zoning of any area therefore the amendment does not include nor facilitate illegal spot zoning. Page 7 24. Goal 2G: Encourage citizen participation in the decision-making process The proposed amendments to Policy 8Q-4 alter the permitting process from administrative approval to conditíonal 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 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 conditíonal 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 propefty to a Míneral 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 notíces and having the oppoftunity to be involved in the planning process. 25.Policy 2D-3: Streamline development regulations to eliminate unnecessary time delays. Suface mining can be controversial, with neighbors of mínes 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 repoft, 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 inítial determination based on a staff Page 8 27 report, potentially resulting in one less step between an application and a final outcome. 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 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 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 conditíonal 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. Policy 8N-2: Allow rock crushing, washing and softing in the forest zones when appropriate as long as conflicts with other land uses can be mitigated Rock crushing, washing and softing 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 ceftaín 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. Policy 8N-3: Allow commercial surface mining operations in the forest zones when appropriate as long as conflicts with other land use zones can be mitigated. 28 29 Page 9 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 adminístrative 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 ceftain 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 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 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. 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. 31.Policy 11B-5: Process the environmental review of building and development applications within an establíshed 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 ceftain 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.O2O 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 Page 10 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 2OL4 Study Update Whatcom County, Washington (December 22, 2014) 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. coNcLusroNs 1. 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. r.E lT tllÞTl¡EÞ f¡Þî¡ÂlNtFl l/llha l^n¡ ¡nfr¡ rrrill tuarlz tn ¡rarfa ME¡l designations by doing a general environmental review of areas the County deems appropriate. BE IT FURTHER ORDAINED that if any sectíon, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Councíl 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. ADOPTED this _ day of 2015. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown-Davis, Clerk of the Council Carl Weimer, Council Chair ATTEST: WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTONAPPROVED AS TO FORM: Page 11 Royce Buckingham Civil Deputy Prosecutor Jack Louws, County Executive ( )Approved ( )Deníed Date Signed: Page 12 Exhibit A Title 20 Zoning Amendments Chapter 20.36 RURAL (R) DTSTRTCT 20.36. 13O Administrative approval uses @iens. 20.36.15O Conditional uses. other applicable regulations. Chapter 2O.4O AGRTCULTURE (AG) DTSTRTCT 2O.4O.L3O Administrative approval uses ¡136 Surfaee mining subjeet te Washington States Surfaee Mining Aet (€hapter 78-44 ReW)r and a€€ epeFatien; 20.4O.15O Gonditional uses. MPlc adnnfed aftor Marr 1 2nn1 Nn nff-cite drct chall he nancrated frnm thc operation. Chapter 20.42 RURAL FORESTRY (RF) DTSTRTCT I 2O.42.O5O Permitted uses. .O58 Surface mining, rock crushing, washing and softing subject to the Forest PracticesAct(Chapter76.09RCW);provided,that@a conditional use permit is required for accessory rock crushing activities located within +2,000 feet from a rural or residential district. 2O.42.L3O Administrative approval uses. ¡133 Surfaee mining subjeet te Washingten State's Surfaee Mining Aet (€hapter in-a Mineral Reseuree Eand Speeial Þístriet subjeetste the requirements ef €haBter '^ '? iens- zfJ.42.15O Conditional uses. WCC and all other apolicable regulations. Chapter 2fJ.43 coMMERCTAL FORESTRY (CF) DTSTRTCT 2O.43.O5O Permitted uses. .O55 Surface mining, rock crushing, washing and softing subject to the Forest PracticesAct(Chapter76.09RCW);provided,that@a conditional use permit is required for accessory rock crushing activities located within +2,000 feet from a rural or residential district. 2O.43.L3O Administrative approval uses. ¡133 Surfaee mining subjeet te Washingten State's Surfaee Mining Aet (€hapter in-a Mineral Reseuree Eand Speeial Ðistriet subl'eet te the requirements ef €hapter 'ñ -? ien+ 20.43.15O Conditional uses. \^raa and all nl'har annlicahla renrrlafinnq Chapter 2fJ.73 MINERAL RESOURCE LANDS SPECTAL DTSTRICT (MRL) 2 2O.73.13O Administrative approval uses. The following uses are permitted subject to administrative approval pursuant to wcc 20.84.235. prepe*y. ive_ iener ien-as bofi+ J (5) ABB|ieaËien ef additional site sBeeifie eonditiens may be required te rnitigate +en+ (6) Netiee ef the deeisien shall be mailed to all prepe¡ty ewners within 1;000 feet ef the external beundaries ef the subjeet Breperty within twe days ef issuanee of the names and addresses ef all Breperty ewners within 1;00Ofuet of the subjeet iee. ive .L32 Rock crushíng within Commercial and Rural Forestry Districts when located further than 2.000 feet from a rural or residential district. 20.73.I5O Conditional uses. .1,52 Mineral processing facilities including rock crushing, asphalt and concrete batch plants and accessorv washing and softing. 78.44 RCW); provided that: propefty. standards of WCC 20.73.650 and 20.73.700. In addition, no excavation shall occur Excavations may occur within the lO-year zone of contribution outside of the five- water table. If a fixed radii method is used to delineate a well head protection area, shall select a consultant from a list of no less than three qualified consultants supplied by the countv and water purveyor. 4 to establish the final reclaimed topographv. 20.73.700 or through federal, state, or local requlations. I I retürn€ met reclamation criteria as_i¿entif¡e¿ on an ¡ng land, to access a newly permitted area. transferred te a new ewner then: ffii 5 ffi+eî pfepeÊy; Chapter 20.90 AMENDMENTS 20.90.O45 Notice for quasi-judicial rezones. (2) Notice shall be mailed to propefty owners as follows: address for each of the above referenced propeftv owners. 6 Comprehensive Plan Amendments MTNERAL RESOURCES - TSSUES, GOALS, AND POLTCTES 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 truek traffic on county roads in a fair and equitable fashion. Policy 8K-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 ineft materials for reclamation or onsite storage. adverse environmental impacts have been addressed through appropriate mitigation and/or reasonable alternatives. more than 1olo common beneficial ownershiB or beneficial intere of the desiqnation will be approved and must be in complete Goal 8Q:Designate Mineral Resource Lands (MRLs) containing commercially significant deposits throughout the county in proximity to markets in order to minimize€void construction aggregate shoftages, higher transport costs, future land use conflicts and environmental degradation. Balance MRL designations with other competing land uses and resources. Policy 8Q-4: Allow mining within designated MRLs through affidministrative appFeval conditional use permit process requiring: (l)on-site environmental review, with county as lead agency, and (2)application of appropriate site specific conditions, and (3)notification to neighboring propefty owners wíthin 2,OOO feet to insure opportunity for written and oral input.@ 7 ive MTNERAL RESOURCE LANDS (MRL) - DESTGNATION CRITERIA f. Non-Metallic Mineral Deposits General Criteria and/or reasonable alternatives. 11. MRL Designations must be reviewed for internal consistency with other pafts achievement of other oafts of the comprehensive plan. than 1olo common beneficial ownership or beneficial intere be approved. Additional Criteria for Designated Urban and Rural Areas 1e3. Abutting parcel size density must not exceed one unit per nominal five acres for more than 25olo of the perimeter of the site unless project specific mitigation is created. Additional Criteria for Designated Forestry Areas L+4. Must demonstrate higher value as mineral resource than forestry resource based upon:. soil conditions. o qualit! of mineral resource.. sustainable productivity of forest resource. Additional Criteria for Designated Agricultural Areas 125. Prohibit MRL designations ín 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 Gravel 130. MRL Designation status applies to river gravel bards possessing necessary permits and containing significant quality reserves. t+2. 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 Deposits 8 159. For metallic and rare minerals, mineral designation status extends to all patented mining claims. 169. Mineral Resource Designation Status extends to all currently permitted industrial mineral deposits of long-term commercial significance. l7,4,. All other non-patented mineral deposits must meet the non-metallic MRL Designation criteria, numbers 6 through e L5, as applicable. 9