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HomeMy WebLinkAbout3052 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. Page One 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