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ORDINANCE N0. 3 0 5 2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A SPECIAL PROPERTY
USE PERMIT FOR GRAVEL REMOVAL FROM THE PROPERTY LOCATED SOUTH OF
THE STUCK RIVER AND EAST OF ORAVETZ ROAD, SUBJECT TO THE PROVISIONS
HEREINAFTER SET FORTN.
tti!
~ WHEREAS, BOfilANZA INVESTMENT COMPANY and HARRY CORLISS, have f11ed an
application with the City of Auburn, Washington, to mine gravel from certain
real property hereinafter described, located south of the Stuck River and east
of Oravetz Road; and
WHEREAS, thereafter pursuant to law, and pursuant to proper legal notices,
hearing on said application were had before the Auburn Planning Comnission, which
Planning Commission thereafter made recommendation to the Auburn City Council; and
WHEREAS, thereafter pursuant to proper legal notice, hearings were had
before the Auburn City Council on said application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section l. That a Gravel Removal Special Property Use Permit is herewith
granted to BONANZA INVESTMENT COMPANY and HARRY CORLISS, for the mining of gravel
from the following described real property, located in Auburn, Washington, to-wit:
That portion of the Southwest 1/4 of the Southwest 1/4 of
Section 29, Township 21 North, Range 5 E.W.M. Lying South
of the Stuck River and East of R Street Southeast (100th
Avenue Southeast). That portion of the Southeast 1/4 of
the Southwest 1/4 of Section 29, Township 21 North, Range
5 E.W.M. described as follows: The West 423 feet af the
South 990 feet of the South6 ast 114 of`tFte Southwest 1/4
said Section 29. All that portion of the North 1/2 of the
Northwest 1/4 in Section 32, Township 21 North, Range 5
E.W.M., lying East of Oravetz Road, situate in the City of
Auburn, County of King, State of Washington.
Section 2. That the issuance and maintenance of said Gravel Removal Special
Property Use Permit shall be contingent upon compliance by the petitioners and/or
their assigns with the following conditions and restrictions:
1. The topography after excavation is complete shall conform as
close as possible to the Comprehensive Grading Plans and Pro-
files as adopted by City of Auburn Resolution No. 457.
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2-10-76
Ordinance No. 3052
2. That the existing stockpiles of crushed stone shall be
removed from the property within 90 days of the effective
date of this Ordinance.
3. No bank run gravel shall be excavated and removed from the
north face of the pit area excavated under the aforesa9d
county permits, unless it is being removed in conjunction
with the restoration of the site in which case written
notice sha11 be given to the City of Auburn Planning De-
C\J partment that said removal will take place.
4. A berm of natural material shall be left along the north
edge of the pit site until all excavation has been completed
on the southerly portion of the pit site in conformance with
the Master Grading Plan.
~ 5. Maximum noise levels shall not exceed the standards set forth
in the noise control regulation attached hereto as Exhibit "A".
6. Land restoration when grading is completed shall be in con-
formance with the land restoration plans on file in the City
of Auburn Planning Department.
7. A Performance Bond in the amount of $1,000 per acre, the
amount of acreage as set forth by the Dept, of Natural
Resources guaranteeing the restoration of the site excavated,
shall be filed with the Planning Department prior to commencing
of grading. The Bond requirements of the City may be co-benefi-
ciary under the Bond requirements of the State of Washington
Department of Natural Resources.
8. That all haul roads within the permit area or over adjacent
property utilized for truck traffic be surfaced to eliminate
dust. Said surfacing to be asphaltic concrete paving or
bituminous surface treatment with crushed rock cover.
9. That any unimproved dedicated right-of-ways used for truck
traffic between the excavation and Oravetz Road shall be
constructed in conformance with the City's specifications
for the classification of road in conformance with the City's
Comprehensive Street Plan.
10. The hours of operation shall be limited to - from 7:00 A.M.
to 7:00 P.M. - six days a week. No material shall be removed
from the site on Sunday or legal holidays.
11. That all equipment operating within the permit area, using gasoline
or diesel engines, be equipped with a muffler. A muffler means a
device consisting of a series of chambers, baffles or other
mechanical designs for the purpose of receiving exhaust gases
from an internal combustion engine and effective in reducing
noise resulting therefrom.
12. The Department of Planning and Corrnnunity Development shall have
the right to make inspections of any prnperty at any reasonable
time as deemed necessary to determine compliance with the permit.
The Department shall notify, as deemed necessary, any operator
of a proposed inspection. However, lack of such notification
shall not be cause for denying the right to inspect. The operator
shall have the option of accompanying the inspector.
Page Two
2-10-76 - 2-24-76
Ordinance No. 3052
Monthly i'nspections shall be made during ths permit year by
the Department inspectors to insure compliance with the
operating permit, reclamation plan, and the plan of surface
mining. Any and all deficiencies shall be immediately brought
to the attention of the operator, and written notice specifying
deficiencies shall be given to the operator. The operator shall
QD commence action within thirty (30) days to rectify these deficiencies
and shall di1igently proceed until the deficiencies are corrected:
PROVTDED, that deficiencies that also violate other laws that
require earlier rectification shall be corrected in accordance
~ with the applicable time provisions of such laws, or shall
immediately commence action to rectify deficiencies that in-
volve health, safety, and water pollution if those deficiencies
are not reguiated by such laws.
The Department shall have grounds to terminate and cancel the
operating permit if the operator does not camnence action to
rectify any and all deficiencies as specified above, or as
specified in the permit. The operator and his surety shall'be
nettlffied of such termination and cancellation. Said notice to
be mai"1ed to the last known address of the operator and surety.
13. 7hat this permit shall expire, unless earlier modified or
terminated, twenty (20) years from the date of approval of
this permit.
Section 3. Upon the passage, approval and publication of this Ordinance,
as provided by law and upon the approval thereof by the applicant, the Auburn Planning
Director shall cause a certified copy of this Ordinance to be recorded in the Office
of the King County Auditor.
Section 4. The provisions of this Ordinance shall be binding upon the
applicant, his heirs, successors and assigns, and this Ordinance shall not be fully
effective until agreement to all the provisions thereof is signified by the signature
at the end of this Ordinance by the applicant.
Section 5. Failure of the applicant, his heirs, successors or assigns to
comply with any of the provisions of this Ordinance shall result in the termination
of any activities on the above cited real property until the City of Auburn Planning
Department receives assurance of compliance herewith.
Section 6. This Ordinance shall become effective five (5) days from and
after its passage, approval and publication, as provided by law, and upon the
execution hereafter by the applicant.
Page Three
2-i0-76
Ordinance No. 3052
INTRODUCEp: FEBRUARY 17,1976
PASSED: FEBRUARY 17,1976
~ APPROVED: FEBRUARY 17,1976
~
T
MAYOR
ATTEST:
r/'
i Deputy City Clerk
<
APPROVED AS TO FORM:
0 F1 l
Ci ty Attorney
. r'
PUBLISHED: MARCH 4, 1976
BONANZA INVESTMENT COMPANY and HARRY CORLISS, herewith agrees to comply
with all of the above provisions of Ordinance No. 3052 of the City of Auburn,
Washington.
DATED this ISt day of March ~ 1976,
INVESTMENT COMP Y
B
4-94
' ATTY
Page Four & Last
2-10-76
Ordinance No. 3052
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I, Virginia Osborn, the duly appointed, Quali,fied and acting City C1exk
Pro Tem of the City of Auburn, a Municipal Corporation and Code City, situate
in the County of King, 5tate of Washington, do hereby certify that the fore-
. going is a fu11, true and correct copy of ORDINANCE No. 3052 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE OF OF THE CITY OF AUBURN,
W.ASH.INGTON, GRANTING A SPECIAL PROPERTY USE PERMIT FOR GRAVEL REMOVAL FROM THE
' PROPERTY LOCATED SOUTH OF THE STUCK RIVER AND EA5T OF ORAVETZ ROAD, 5UBJECT TO THE
PROV.TS.lONS HERE'Z'NAFTER 5ET FORTH. "
I futher certify that said Ordinance No: 3052 was duly passed by the
CounciZ and-approved by the Mayor of the said City of Auburn and published
as provided by Iaw in the Auburn Globe News, a weekly newspaper published
in the City of Auburn, and of general circulation therein, on the 4th day
of March , A.D., 1976
WITNESS my hand and the official seal of the City of Auburn, this 4th
day of Marah , A.D., 19 76
. 9
CITY CLRJ~k PRO TEM OF THE CITY OF AUBURN