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Home My WebLink About3053 . ORDINANCE N0. 3 0 5 3 AN ORDINANCE OF THE CITY QF AUBURN, WASHINGTON, GRANTING A GRAVEL RENOVAL 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 FORTH. WHEREAS, MARK LAND pEVELOPMENT, INC., has filed 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 00 WHEREAS, thereafter pursuant to law, and pursuant to proper legal notices, hearing on said application were had before the Auburn Planning Commission, which Planning Commission thereafter made recomnendation 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 1. That a Gravel Removal Special Property Use Permit is herewith granted to MARK LANA DEVELOPMENT, INC., for the mining of gravel from the follpwing described rea] property, located in Auburn, Washington, to-wit: The South 1/2 of the Southeast 1/4 of Section 29, Township 21 North, Range 5 E.W.M. The Southeast 1/4 of the South- west 1/4 of Section 29, Township 21 North, Range 5 E.W.M., LESS the West 423 feet of the South 990 feet. The North 1/2 of the Southwest 1/4 of Section 28, Township 21 North, Range 5 E.W.M. LESS road. The southwest 1/4 of the South- west 1/4 of Section 28, TownShip 21 North,, Range 5 E.W.M., 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 petitioner and/or his assigns with the following conditions and restrictions: l. That the legal description be amended to exclude the N 1/2 of the SW 1/4 of Section 28, Twp 21 N., R 5 EWM. This 80 acres is basically all valley land lying north of the pit site and contains the berm that will remain until the mining operation is complete. The removal of this property will also prohibit its use for storage of equip- ment or stockpiling of material in conjunction with the mining operation. Page One 2-10-76 Ordinance No. 3053 ~ 2. The topography after excavation is complete shall conform as close as possible to the Comprehensive Grading Plans and Profiles as adopted by City of Auburn Resolution No. 457. 3. On-site gravel processing shall include processing by mechanical means and shall include such accessory uses such as washing plants, scale houses, stockpiles, etc., but not including asphalt or concrete batch plants. ~ 4. Before installation of any equipment for the on-site gravel taD processing plant, the following conditions must be met: a. The plant shall be located in the existing pit area behind the berm (south side of berm) - said location to be approved by the City Council Planning & Beautification Committee. ~`*w b. Submit proof of compliance with the Puget Sound Air Pollution Control Agency and to remain in compliance therewith. 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 conformance 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 priar to commencing of grading. The Bond requirements of the City may be co-beneficiary 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 ar 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 there- from. Page Two 2-10-76 Ordinance No. 3053 12. The Department of Planning and Community Development shall have the right to make inspections of any property at any reasonable time as deemed necessary to determine comp1iance with the permit. The Department shall notify, as deemed necessary, any operator of a proposed inspectton. However, lack of such notification sha11 not be cause for denying the right to inspect. The operator shall have the option of accompanying the inspector. p~p Monthly inspections shall be made during the permit year by the Department inspectors of insure compliance with the operating permit, reclamation plan, and the plan of surface p mining. Any and all deficiencies shall be immediately brought m to the attention of the operator, and written notice specifying deficiencies shall be given to the operator. The operator shall commence action within thirty (30) days to rectify these de- ficiencies and shall diligently proceed until the deficiencies are corrected: PROVIDED, 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 involve health, safety, and water pollution if those deficiencies are not regulated by such laws. The Department shall have grounds to terminate and cancel the operating permit if the operator does not comence action to rectify any and all deficiencies as specified above, or as spec9fied in the permit. The operator and his surety shall be notified of such termination and cancellation, said notice to be mailed to the last known address of the operator and surety. 13. That this permit shall expire, unless earlier modified or terminat,ed, 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. Page Three 2-10-76 Ordinance No. 3053 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. INTRODUCED: FEBRUARY 17, 1976 PASSED: FEBRUARY 17, 1976 'co APPROVED: FEBRUARY 17, 1976 ~ ~ MAYOR ATTEST: r" epu y City Clerk APPROffD AS TO FORM: r,,., f~ IS C rt f, Ci ty ttorney ~J PUBLISHED: MARCH 4, 1976 MARK LAND DEVELOPMENT, INC., herewith agrees to comply with all of the above prnvisions of Ordinance No. 3053 of the City of Auburn, Washington. DATED this lst day of March , 1976. MARK LAND DEVELOPMENT C. By . Page Four and Last 2-10-76 Ordinance No. 3053 STATE OF WASHINGTON . ) ) ss. COUNTY OF KING ) I, Virginia Osborn, the duly appointed, quali,fied and acting City C1erk Pro Tem of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certi€y that the fore- going is a fu.l1, true and correct copy of ORDINANCE No. 3053 of the ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A GRAVEL REMOVAL SPECIAL PROPERTY U5E PERMIT FOR GRAVEL . .REMOVAL FROM THE PROPERTY LOCATED 50UTH OF THE STUCK RIVER AND EAST OF ORAVETZ ROAD, SUBJECT TO THE PROVISIONS HE.REINAFTER 5ET FORTH." co ~ I futher certify that said Ordinance No. 3053 was duly passed by the Council and-approved by the Mayor of the said City of Auburn and published ~ as provided by Zaw in the Auburn GZobe News, a week.Zy newspaper published 1_~l in the City of Auburn, and of general circulation therein, on the 4th day ~ of March , A.D. , 19 76 WITNESS my hand and the official seal of the City of Auburn, this 4th day of March , A. D. , 19 76 CITY C K PRO TEM OF THE CITY OF AUBURN