HomeMy WebLinkAboutNatural Resources October 8 20021
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
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Natural Resources Committee
October 8, 2002
The meeting was called to order at 9:30 a.m. by Committee Chair Sharon
Roy in the Council Chambers, 311 Grand Avenue, Bellingham, Washington,
Present: Absent:
Seth Fleetwood None
Dan McShane
Also Present:
Laurie Caskey- Schreiber
Sam Crawford
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
MINAKER ROAD SOUTH OF SUMAS (BENNER SITE) (AB2002 -084L)
Roy stated the committee will discuss these two items concurrently. The
committee has been asked by the Benners and Killams to reschedule discussion of
this item until November 12 for various reasons. She will let people who are
present speak to the issue.
Lesa Starkenburg - Kroontje, 115 Front Street, Lynden, stated she is with Mr.
and Mrs. Killam, who will wait to comment on November 12.
Fleetwood asked to visit the site. Starkenburg - Kroontje stated there is an
active gravel operation on the Killam's property. According to regulations, no one is
allowed to enter the site without being accompanied by a representative of the
operator or unless the visitor has received the safety training.
McShane stated the Killams seemed to be missing some data on the fact that
they have gravel in the area they propose to mine.
Matt Aamot, Senior Planner, stated that is correct. The applicants have hired
a consultant and are doing that work. He doesn't know when they will receive that
report. The County's geologist will look at it when it comes in.
Starken burg- Koontje stated Geo- Engineers was the consultant hired to do
test pits on the Killam property. She is reviewing a draft of their report. It will be
mailed to County staff this afternoon. The conclusion is that the material meets the
Washington State Department of Transportation (WSDOT) standards. It was tested
Natural Resources Committee, 10/8/2002, 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
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
in accordance with the Comprehensive Plan, and there is adequate material to the
depth of 13 feet, which is the reach of the backhoe.
McShane stated the Planning Commission recommended conditions. One
condition was to obtain the information forthcoming in the report. Another
condition was about access to the pits. It sounds like there is an Occupational
Safety and Health Administration (OSHA) concern about having two separate
operations share the same road. He asked if the County can condition a mineral
resource land (MRL) when it isn't part of the permitting of the mining operation.
Aamot stated the neighbors were quite concerned about access on Minaker Road
and keeping the rural character. He talked to the County's attorney about imposing
that as a condition on the Killam application, which would require the Killams to
provide an easement to the Benners.
Karen Frakes, Senior Civil Deputy Prosecutor, stated she understood why the
Planning Commission did what it did. In the end, everyone would get to do what he
or she wants, but that condition isn't appropriate. It is cleaner to look at the sites
individually. There are policies that allow that sort of condition on the Benner site.
Instead of putting that condition on the Killam permit, the Council needs to look at
it on its own. Either cut off a portion of the Killam application that would make the
designation okay. The reason that condition was done was because, if the Benners
were approved, the Killams can surround the parcel.
Aamot stated there are two applications. One is the Killam application. The
Killams have an existing MRL. The Killam site is west and east of the Benner site.
The Benner site is a finger of land that protrudes into the Killam site. The Killams
have an existing access to the north. They don't access to Minaker Road. The
Benners parcel extends down to Minaker Road. A Minaker Road access was an
option for the Benners. The neighbors were concerned with that idea. The
Planning Commission put a condition on both permits that access be allowed to the
north. An MRL cannot surround another parcel by more than 50 percent. If the
Benners didn't get an MRL, then a portion of the Killam's site would have to be
removed.
Frakes stated that she is not comfortable requiring the Killam permit to allow
access. It is more appropriate to cut off a portion of the Killam permit. If the
parties were able to work this out, it would be ideal. That would make it much
easier for the councilmembers to make their decision.
McShane asked if the site would not meet the Comprehensive Plan criteria of
having a minimum of one million cubic yards if the Council approves only a small
portion of Killam site as an MRL. Aamot stated they wouldn't know until they see
the report.
Fleetwood stated the Comprehensive Plan designations were originally based
on the assumption that there was an adequate supply of the resource for 50 years.
He asked if they are considering these applications based on the assumption that
Natural Resources Committee, 10/8/2002, Page 2
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
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
there is not a sufficient supply. He asked if there is a question of whether or not
there is an adequate supply. Aamot stated there is that question. The industry
disputed the amount designated in 1997. In 2001, the State Department of Natural
Resources (DNR) did a study and found that the significant pits in the county have
a ten to 20 years supply left. The DNR study did not look at the county's
designated MRL areas. It only looked at DNR permitted sites. There is a significant
debate about that. Staff is proposing a gravel study to find out more about that
question.
Fleetwood asked if it is appropriate to expand this MRL before that discussion
has been finalized. Aamot stated anyone is allowed to come in annually and apply
for MRL status or any other Comprehensive Plan designation. The Council and staff
would have more and better information if they waited for the study, but they want
to proceed with the applicant's request based on its merits in light of the criteria in
the Comprehensive Plan now.
Caskey- Schreiber asked how they factor in the amount that they export to
Canada when they determine the amount needed for the County. There are three
to four double trailer trucks per hour going across the border.
McShane stated the largest riprap projects on Marine Drive used imported
Canadian rock. It goes both ways.
Roy asked if the 50 -year supply requirement is based on requirements for
Whatcom County only. Aamot stated it is.
Roy asked if every county in the state is required to designate MRL's. Frakes
stated only certain counties are required to follow the GMA. Not every county is
required to follow the GMA.
Aamot stated every county has to do certain components of the GMA, and
this might be one of those components.
McShane stated he understood the Planning Commission recommendation. If
the Council looks at the applications on an individual basis, the Killams would lose a
significant portion of their property, which is surrounded by the Benners. It's okay
to look a little further down the road. They should think about whether this is a
benefit to the county if it is all exported. They should also think in terms of there
being a great resource on the Benners' property. However, they might be deluding
themselves because the Benner's don't have access unless it is on Minaker Road.
The Benners are going to have a lot of resistance from the neighbors. He liked the
idea of what the Planning Commission did.
Caskey- Schreiber stated it would be mutually beneficial for the Benners and
Killams to work together to provide that access from the north.
Natural Resources Committee, 10/8/2002, Page 3
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
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy asked what road is at the north entrance, and whether the people on
that road would also protest.
Caskey- Schreiber stated there is a more rural density on the northern access
than the Minaker Road access.
McShane stated there was some concern about a bad intersection to the
north. Starkenburg - Kroontje stated the road into the gravel extraction area comes
from the west. It is a private access road. The traffic comes out onto the N.
Telegraph and Morgan Road intersection. That area is called five corners. The
Engineering Division requested that they do some intersection improvements for
better site visibility in the event that that additional area is permitted for gravel
extraction with that access. It is a confusing intersection. That road does not have
the same constraints as Minaker Road in terms of the neighbors, road curves, and
road width. There is another access onto Sumas Road, which straight from the
north and goes into the Killams property. The Engineering Division has reviewed
the use of Sumas Road, but that is not what the Killams have proposed to use for
their access. Sumas Road has a low density.
Roy stated this item would be held in committee until November 12.
2. PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENT
TO EXPAND A MINERAL RESOURCE LAND DESIGNATION NEAR
TELEGRAPH AND MINAKER ROADS, SOUTH OF SUMAS (KILLAM SITE)
(AB2002 -084M)
See the above item.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 9:55 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Natural Resources Committee, 10/8/2002, Page 4
1
2
3
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Dana Brown - Davis, Council Clerk Sharon Roy, Committee Chair
Natural Resources Committee, 10/8/2002, Page 5