HomeMy WebLinkAboutNatural Resources January 13 20151
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
January 13, 2015
CALL TO ORDER
Committee Chair Barry Buchanan called the meeting to order at 12:30 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(12:31:00 PM)
Present: Carl Weimer, Sam Crawford and Barry Buchanan.
Absent: None.
Also Present: None.
COMMITTEE DISCUSSION
1. PRESENTATION BY ELEMENT SOLUTIONS OF THE AGGREGATE RESOURCE
INVENTORY 2014 STUDY UPDATE FOR WHATCOM COUNTY (AB2015 -041)
Paul Pittman, Element Solutions, submitted and read from a presentation (on file)
and answered questions. Their estimates are as good as the data they used. The
aggregate supply estimates can range within a decade.
The committee and presenters discussed whether the scope of work included a
review of aggregate and rock outside of existing mineral resource lands (MRLs), whether
sources outside of MRLs are part of the reserve amount, how they estimated the per capita
rate of use, local per capita use being more than the national average, the nationwide trend
of people moving back into urban areas from suburban areas, how much of the supply is
staying local versus being exported, the proportion of material that is recycled, using
material dredged from the Nooksack as an aggregate supply, whether Element Solutions
worked with the Surface Mining Advisory Committee (SMAC), recognizing data limitations in
the report, how idle MRLs are defined, the potential aggregate price spikes if there were a
supply shortage, reclamation options and risks, whether they can use lower quality
aggregate that doesn't meet Washington State Department of Transportation (WSDOT)
specifications, asbestos in the aggregate from Sumas Mountain, the Geo- Engineers'
estimates for the Valley View MRL and the Mountain View MRL, who sets the data recording
standards, and whether other counties have a 50 -year goal.
The following people also answered questions:
• Micah Gregory, Element Solutions
• Joshua Fleischmann, Planning and Development Services Department
Elizabeth Kilanowski spoke about the importation and exportation of local aggregate
supplies. They must account for and regulate where aggregate resources go. Over 80
percent of the produce from the Lummi Island quarry was shipped off the island on barges.
Recently, a barge of limestone was brought into the County.
The Committee discussed the importation of limestone and trucking costs versus
barging costs.
Natural Resources Committee, 1/13/2015, Page 1
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Greg Brown asked if the maps in the report include the Northwest Concrete mining
operation and whether they know how much gravel is in that area. Pittman stated they
included that resource if it was in the MRL.
Peter Willing submitted a handout (on file) and stated the report doesn't state its
assumptions and limitations of the report and data. Population projections should not be
the factor for estimating gravel consumption. He has concerns about reclamation and pit
reclamation sacrifice areas. Gravel extraction is not necessarily the highest and best use of
an area. Forty percent of the MRLs aren't economical to mine for a variety of reasons. The
Council should get a copy of the master spreadsheet on which the report is based. The
Council and staff should consider a location other than C Street as an import location.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. DISCUSSION OF PROPOSED ORDINANCE 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
(AB2014 -344) (1:38:14 PM)
Joshua Fleischmann, Planning and Development Services Department, gave a staff
report.
The committee discussed the next steps for going forward in the process and
whether they need to engage in a comprehensive, extended study of the Planning
Commission and Surface Mining Advisory Committee (SMAC) recommendations to come up
with overall MRL areas.
Mark Personius, Planning and Development Services Department, answered
questions and described what other counties have done to designate resource lands. They
have not made a recommendation to significantly change the designation criteria.
The committee discussed whether the SMAC will recommend changing the
designation criteria; creating a designation process that would provide information on
potential environmental impacts; defining appropriate MRL areas countywide as a first step;
whether there is an incentive for a company to get an MRL overlay, and then waiting ten
years to mine the property; whether environmental conditions would change if there is a
significant length of time between MRL designation and mining activity, and; considering a
stringent and robust public input and environmental review process in one step, similar to
Skagit County and Snohomish County.
Weimer stated the best way to move forward is to take a comprehensive look of
available resources countywide, designate potential resource areas (PRAs), and see what's
left with all the overlays to replicate what Skagit County has done. However, people are
still allowed to submit site - specific applications. A question is whether to put the application
process on hold while going through the comprehensive review process, or whether they
should make basic amendments to this while the County goes through the comprehensive
review process.
The committee discussed whether there are any pending mining applications, the
process for moving forward, and whether the Council should introduce this ordinance.
Natural Resources Committee, 1/13/2015, Page 2
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Weimer moved to recommend introduction to the full Council. He moved to
amend policy 8K -8, " ... all peFFnits and regulatiens. Expansion of
MRL designations to parcels contiguous to, and in common ownership with, an existing
mine, may require that the existing mine is in compliance with all operating permits and
regulations."
The Committee discussed characteristics of common ownership and the possibility of
avoiding common ownership.
Weimer amended and restated his motion to recommend introduction to the full
Council. He moved to amend policy 8K -8, ... all peFFflitS and
Expansion of MRL designations to parcels contiguous to, and in common with,
an existing mine, shall require that the existing mine is in compliance with all operating
permits and regulations."
The motion to amend carried by the following vote:
Ayes: Weimer and Buchanan (2)
Nays: Crawford (1)
Weimer moved to amend policy 8K -2 on Council packet page 81, "Consider the
maintenance and upgrade of public roads before designating MRI=s and approving mineral
extraction. Address all tFHelE traffic on county roads...."
The motion to amend carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
Weimer moved to amend to add language in County Code section 20.90.045(2) to
make sure the public has adequate notification before the MRL designation, "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."
The motion carried by the following vote:
Ayes: Weimer and Buchanan (2)
Nays: Crawford (1)
The committee discussed the permitting, buffer, and notification requirements in
rural forestry zones; how a higher value is determined regarding additional criteria for
designated forestry areas, and; changing the notification area to 2,000 feet in Policy 8Q -4.
Weimer moved to amend policy 8Q -4(3) to change the notification area from 1,000
feet to 2,000 feet.
The motion carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
Weimer referenced item 12 on Council packet page 82 and moved to amend the
language so it's the same as the new language for Policy 8K -8. "MRL expansiens will net
consideFed .. n9ine operations and Feelarnati Expansion of MRL designations to parcels
Natural Resources Committee, 1/13/2015, Page 3
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contiguous to, and in common with, an existing mine, shall require that the existing mine is
in compliance with all operating permits and regulations."
Crawford stated he is in favor of the last motion and this motion only for the sake of
being consistent.
The motion carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
The committee discussed the language in item 15 on Council packet page 82
regarding the additional criteria for designated forestry areas and the purpose of the original
language in this section.
Crawford moved to remove item 15 on Council packet page 82 regarding the
additional criteria for designated forestry areas "15. MRL Designatien on feFeSt_„ Zenes can
be ne gFeateF than 20 aeFes. Additional aFeas ean be added enly afteF pFeviously mined
The Committee discussed preventing forest land from being used primarily for
mineral resources; whether the Council can rezone forest land, and; the MRL being an
overlay, not a zone.
The motion to amend failed by the following vote:
Ayes: Crawford (1)
Nays: Weimer and Buchanan (2)
The motion to recommend introduction as amended carried by the following vote:
Ayes: Weimer and Buchanan (2)
Nays: Crawford (1)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:55 p.m.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Committee Chair
Natural Resources Committee, 1/13/2015, Page 4