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AN ORDINANCE OF
AUBURN CITY CODE
ORDINANCE NO. 5 0 6 0
THE CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 18.62 ENTITLED "SURFACE MINING".
WHEREAS, the Washington State Legislature gave the
Department of Natural Resources the sole authority over the
reclamation of a mining site and left the operations of the
mine to the local authority; and
WHEREAS, the City would require a surface mining
operations permit for those projects the State Department of
Natural Resources considers to be a surface mine and other
excavation projects would be reviewed concurrently with City
permits, i.e., grading and filling, together with the
environmental review; and
WHEREAS, the Planning Commission
1997 meeting, held a public hearing on
the conclusion of which recommended
approval of said amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
at their December 2,
the amendments and at
to the City Council
CITY OF AUBURN,
Section 1. Auburn City Code Chapter 18.62 entitled
"SURFACE MINING" is hereby amended as set forth on attached
Exhibit "A" and made a part thereof as though set forth in
full herein.
Ordinance No. 5060
December 30, 1997
Page 1
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Section 2. The provisions of this Ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this
Ordinance,
person or
remainder
application to other persons or circumstances.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4 This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
or the invalidity of the application thereof to any
circumstance shall not affect the validity of the
of this Ordinance, or the validity of its
INTRODUCED: January 5, 1.998
PASSED:
January 5, 1.998
APPROVED: January 5, 1998
CHARLES A. BOOTH
MAYOR
Ordinance No. 5060
December 30, 1997
Page 2
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ATTEST:
City Clerk
~PROVED AS TQ FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5060
December 30, 1997
Page 3
Chapter 18.62
SURFACE MINING
SECTIONS:
18.62.010~ =tc.".~ Purpose.
18.62.020
18.62.030
18.62.040
18.62.050
18.62.05~0
18.62.0610
18.62.080
18.62.090
18.62.1_07-0
__.Scope.
Permit.
__.Surface mining standards.
Asphalt and concrete batch plants
R=c!=m=t!on Subsequent use plan.
Findings of factH=.".
Years of operation
Existin9 minin9 operations
Enforcement Revec.,atiemof permits.
18.62.010 ! .-.t c .-.t Purpose.
The !=tc.-.t purpose of this chapter is to provide for a permit process to re.qu ate the
operations of a surface mine. Pursuant to RCW 78.44.031(8) operations mean all mine-
related activities, exclusive of reclamation, that include but are not limited to activities that
affect noise oeneration, air quality, surface and .qround water quality, quantity and flow,
.qlare, pollution, traffic safety, .qround vibrations and/or s .qn ficant or substantial impact,~
commonly re.qu ated under provisions of land use or other permits of local .qovernment and
local ordinances. Operations also include; a) the minin.q or extraction of rock, stone, .qravel,
sand, earth, and other minerals; b) blast nq, equipment maintenance sortin(3 crush n.q, and
load n.q; c) on-site mineral processinq nc ud n.q aspha t or concrete batchin.q, concrete
recyclin.q, and other a.q.qre.qate recyclin.q; and, d) transportinq minerals to and from the
mine, on site road maintenance, road maintenance for roads used extensively for surface
mininR activities, traffic safety and traffic control .... ,. ............= ...........~^- *~
18.62-1
18.62.020 Scope.
This chapter shall regulate the operations of all surface mine_s' ' ·
ex~sef~fieR-~.that requ re a reclamation permit from the State Department of Natural
Resources..'- Other similar excavation activities, that do not require a permit from the State,
shall be re.qulated pursuant to applicable City re.qu ation,~
-r"~ .......................... ~lr~
CC'.'/C:, ....... , ................ ~ ............... ,
18.62.030 Permit.
Any surface mining of material shall only be allowed after a surface mining operations
permit has been issued, after proper public hearings, and an ordinance adopted by the City
Council. A request for a surface mining operations permit shall be heard by the Hearing
Examiner in accordance with the provisions of Chapter 18.66. The Headng Examiner shall
make a recommendation to the City Council. The City's approval of the permit may require
mitimat nm conditions of approval as well as financial cluarantees to ensure compliance with
the permit and the provisions of this Chapter.
A. Application:
All requests for a surface mining operations permit ~h~n
- -: .! ..- rc~-w:!- cr ~-.-.:: .... ' "~"'~ .........;="" :hc!~ be accompanied by an
application and shall contain the following:
18.62-2
12- Geot · ~o..,~
_. echmca ...... report.
Each application shall be accompanied by a current, within 180 days ...... report,
prepared by a licensed =cU: =ngineer. The report shall contain data regarding the
nature, type, distribution and strength of materials, slope stability and erosion
potential, and a statement that the site contains material of a commercial quality and
quantity.
23. Storm drainage and erosion control plan.
A conceptual storm drainage and erosion control plan shall be submitted with each
application and shall be approved by the Public Works Department prior to the
mining permit being approved. A final storm drainaRe and erosion control plan must
be approved prior to any materials being removed. The plan must also address the
continued maintenance and operation of the storm draina.qe and erosion control
system, and if determined nec.~sary by the city, a performance bond or similar
financia .quarantee shall also be provided to guarantee the maintenance and
operation of the system.
34. Haul routes.
A haul route plan, includin,q a traffic study indicating traffic volumes along the haul
route(s) shall be submitted with. each application which shall illustrate which public
streets will be used. The haul route plan may also require that hauling be restricted
during peak traffic times. Traffic impact miti,qation, includin.q pavement impacts,
.street maintenance and repair will also be addressed as part of the haul route plan.
_46. Dust Control.
A dust control plan shall be submitted which shows how dust will be controlled within
the mining site and on the public streets.
_57-. Site plan.
18.62-3 i
Each application shall be accompanied by a site plan and shall illustrate the
following:
a. Vicinity map,
b. Name, address and phone number of property owner and/or minin o e~
jncludin.q an emer,qency contact person,
c_.~ Name, address and phone number of engineer or agent,
d. Starting date of mining,
e. Estimated G~_ompletion date of mining,
f. Hours of operation,
g. Fence detail, if any,
h. Location of utility lines affected b minin ,
i. Location of structures,
j. Location of accessory uses such as crushers, sorters, or scales,
k. Existing contours, drawn at five (5) foot intervals and indicated by light dashed
lines,
I. Proposed contours, drawn at five (5) foot intervals and indicated by solid dark
lines,
m. Cross sections, shall be taken at or near each property line and then spaced at
three hundred (300) foot intervals thereafter. Cross sections shall be taken in both
north/south and east/west directions. Additional cross sections may be required if
necessary to determine the impacts of the proposal,
n. Boundaries and dimensions of the site.
o. Cubic yards of material-f~-f~hase to be mined.
p. Any on-site existinR water supply wells, monitorinR wells, or other types of wells,
pn record with the Department of EcoloRy or observable in the field. Ddller IoRs or
these wells shall be included, if available.
q. The location of existin,q or propnsed hazardous substance use within th,~
boundary of the proposed minin,q operation.
r. The location of existin.q or ~roDosed ,qroundwater withdrawal within the boundar~
of the proposed minin,q operation.
s. The location of existin~ or oro~3osed artificial Rroundwater rechar,qe within th~;
.boundary of the proposed mininq operation.
18.62-4
t. The ,qeneral location of the initial mininR activity and how it is anticipated to,
pro.qress throu.qhout the mininq site.
u. A site entrance plan showin.q traffic control siqna.qe and devices, channelization,
and layout of the driveway access to the public streets.
v. Parcel numbers and leRal description of the entire minin.q s te.
The site plan shall be properly dimensioned, include a north arrow, and drawn at a scale not
less than one (1) inch equals forty (40) feet and on a sheet size twenty-four (24) inches by
thirty-six (36) inches, more sheets may be allowed if necessary. A reproducible mylar and
ten (10) seve~rT-) copies of the site plan shall be submitted at the time of application. The
scale of the drawin,q and sheet size may be modified by the Piannin.q Director for lar.qer
projects.
18.62.040 Surface mining standards.
....................................................... = ~,. .................... (10).
T~, .... ; ........ ~'"' ~ .......... '~ .... ~"; ...... ;* ,,~,,,. l-,3; ..... ,.I !C .r.'VC f~ ,'~,
18.62-5
.................... ~ .~ ...................... ~ .................. ~",~,,',~ _] .... ],~y
....................... ,.- ......................... ~.,*. ~;.~.-,.,, ~,~,,/~:n~
AE.Standard Nhours..and/or days of operation:
No mechanical equipment shall be operated before the hour of six~veR a.m. and no
later than the hour of seven p.m., six (6) days per week. No mechanical equipment
shall be operated on Sundays or legal holidays. These restrictions are not intended tn
preclude the service and maintenance of the machinery and equipment necessary fo,
the minin eration.
The standard hours and/or days of operation may be reduced by the Hearing Examiner;
~ or City Council if determined to be in the best public interest.
The standard hours and/or days of operation may be modified for specific public work,,;
Droiects involving mixinR of asphalt or concrete that is either; (1) required by a publ;,~
aRency to be performed outside the standard hours and/or days of operation; or (2)
.where performance of such work outside standard hours and/or days of operation will
in the best public interest because such performance of the work will fac
expeditious and timely comoletion of the public works proiect. A written request from
the public a.qency whose project requires the work to be performed outside the s~a.dard
.hours and/or days of operation shall be made to the Auburn Public Works Director. Th,=
.request shall be in writin.q and be provided to the Auburn Public Works Director not late~
than ten (10) days pdor to the commencement of the proiect. The request shall includ,,
the name and location of the project, the proposed modification's to the standard hou.;
end/or days of operation, and the estimated duration (subiect to the weather) of ti',..
~roiect, and a statement why the modification is in the best public interest and will
facilitate the completion of the proiect
If the request is determined by the Public Works Director to be in the best public
interest, will facilitate the completion of the pubic works project and will be consisten~
.with any applicable City requirement the Public Works Director shall, within 5 days of il=;
receipt, aDorove the request
18.62-6
Final finished slopes are those that will not be modified subsequent to the completion
mininR. Interim slopes are those which will be modified subsequent to the completion of
minin,q. Final finished slopes are not allowedto be altered unless for public safety and
health reasons, once the mininR has been completed and that portion of the mine
rehabilitated. Interim finished slopes may be altered, pursuant to applicable City
re,qu at ons, to accommodate the subsequent development of the site once the mininq
has been completed. _ '
k~ .... .~ ..... ~;"" ^~ ~,.-;~.~....~ ~ ..... ~.~. ~.A ~. ..... .~ ~n the event that fills are necessary
such fills shall be compactible to a minimum of ninety (90) percent maximum density,
said density shall be certified by a soil testing agency. No organic materials shall be
permitted in fills.
C. FencesC~-.~,, landscaping and berms:
Fences, landscaping and/or berms may be required to mitigate any impacts associated
with the mining site.
D. Noise ..........
Sound pressure levels, as measured on properties adjacent to property in the mining
site, shall conform to the provisions of Washington Administrative Code, Section 173-
60-040, Maximum Permissible Environmental Noise Levels For Noise Originating in a
Class C-EDNA (Industrial Area).
,~E. Blasting:
,Hc b_Blasting shall be allowed pursuant to the permit requirements of the Fire Marshal'~
Office.
FJ. Rock crushing:
A pc~cblo rock crusher may be permitted if expressly allowed through the surface
mining permit. The location of the crusher may be conditioned in order to mitigate any
noise impacts.
.............. · ............ ~ ...................... ~ ................... Cc~.~cil.
Gl=. Dust:
18.62-7 I
Dust, dirt, fly ash, or other particulate matter shall not be emitted in quantities as to
adversely affect adjacent property. Reasonable precautions shall be taken with storage,
transportation, processing, roadways and other open areas so as to prevent the
particulate matter from becoming airborne. It shall be sufficient cause to revoke a
permit if the operator causes or permits untreated open areas located within a private lot
or roadway to be maintained without taking reasonable precautions to prevent
particulate matter from becoming airborne.
HM. Setbacks:
No excavation shall occur within fifty (50) feet of an adjoining property unless a lesser
setback is necessary in order to attain proper reclamation. The setbacks shall be
determined at the time of permit issuance. When the mininq is complete and the site
reclaimed, the 50 foot setback may be modified at that time to provide for the
subsequent development. This shall be reviewed pursuant to applicable City
reRulations.
I_N. Department of Natural Resources Permit;
Prior to a surface mining operations perm t be ng app ed for "n;,'
remeve~-the owner/operator shall submit ae~4~e~4w~-evidence from the State of
Washington Department of Natural Resources that the State considers the proposal as
a surface mine and will require a permit and reclamation plan.
JO. Paved apron:
^ paved apron or similar device, wash pits or similar provisions, may be required in
order to prevent rocks, dirt, and mud being tracked on to public streets. The width and
depth to be determined at the time of permit issuance.
K,a. Street cleaning:
All adjacent public streets shall be kept clear of rocks, dirt and mud. Street sweeping
and washing may be required ''~ *~'~' ~'~
............ 3s a condition of permit issuance.
L. Traffic ......... control:
Warning signs and/or fiagqers.._~, ......may be required as a condition of permit
approval.
M. Insoections,~:
The City shall have the right to make inspections of any property at any reasonable time
as deemed necessary to determine compliance with the permit and/or obtain surface
and well water samples. The City shall notify, as deemed necessary, any operator of a
18.62-8
p~oposed 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.
N. ~.Adjacent wells or aquifers:
The mininq operation shall not result in the de.qradation of .qroundwater quality in
shallow, intermediate or deep aquifer zones, located beneath and beyond the boundary
of the active area of the mininR site, which serve as the source of potable supply for tt','~
City or private citizens, or possess water of sufficient quality and quantity to h9
developed for future potable and/or municipal supplv purposes.
In the event that actual or potential (iroundwater quality de.qradation caused by minin.q
operations is indicated on the basis of inspections, on-site release of hazardou~
materials, violations of water-quality provisions of other ordinances, or off-sito
.qroundwater quality deqradation documented in on-site or off-site wells, the City shall
have the ri(Iht to require the operator of the mine to immediately cease that portion of
the minin~l operations (subiect operations), which in the City's opinion, caused tho
de.qradation and submit to the City a .qroundwater remediation plan prepared by ~
licensed en.qineer. At a minimum the plan shall (1) identify the means and/or
methodoloqies that shall be employed to immediately halt and/or remediate the water
quality de.qradation, (2) identify the conditions under which mininq may continue to occur
without further de~radin~ (3roundwater quality and related conditions and (3) provide ,
schedule of monitorin.q reports to the City every 30 days from the date of inception of
the plan for a 12 month period. The City may also require the postin(i of a performanc~
bond or similar financial security to ensure the implementation of said plan.
The subject operations shall be suspended pendinq City review of the plan and~
determination of adeouacy, both of which shall occur within 15 days of submittal, if th,,
City does not approve the plan, require modifications, or if the minin.q operator fails t,
submit a plan, th.e subiect operations shall remain suspended until the mininq opereto,
makes the revisions directed by the City and/or until the minin.q operator submits a.
acceptable (iroundwater remediation and monitorin~ plan. If the revised .qroundwater
remediation and monitorin,q plan submitted by the mininq operator is approved by th,,
City, the subiect operations shall be permitted to resume upon the date the City
~ppreves the plan. Such approval shall not occur later than 15 days after the revise~l
plan has been submitted.
18.62-9
If subsequent to the C~ty s approval of the mm~nQ ooerator s groundwater remediatio,,
and monitoring plan, the City determines that the mining operator has failed to comply
with all of the provisions of the plan, or that a plan has failed to immediately halt and/o,
remediate the groundwater degradation caused by the min nR operation, the City may
direct the min n.q operator to suspend subiect operations, pendin.q demonstration
compliance with the plan and/or approval by the City of a revised plan. Revised plant;
submitted to the City shall be reviewed for decision within 15 days of submittal. Oncn
approved the City shall immediately notify the mininq operator that the subject
operations may resume if in compliance with the approved plan.
Additional setbacks or limitations on the depth of excavation may be required to protect
adjacent wells or aquifers.
O. Performance~ bond:
A-If a performance bond. is requ red to guarantee the performance of these standards or
any conditions attached to the permit it shall be submitted prior to the adoption of the
ordinance .....,._. ~. ................. o ...................... =, -~- ............. ,- ..........
"'""~;+; .... ~+~' ..... ;+ ""'~ + ........ + ....~' ~ ~';';~"+;"'" '"f '~' "' ' '~"- The value of the
bond shall be determinedbe thc -"-+ "- --'~-"~'~;,-.,-. +~..-...~+.-.
........................... as part of approval of the
=surface mining operations permit.- 'thc ~--..,,~ ...... * ....~-- · ..... ~...~. .... ~
The bond shall be written to the City of Auburn, only, and shall not be cance edcancc!!cd
without the express written approval of the City of Auburn.
P. Importing of materials:
The importin,q of materials, e..qu sand or topsoil, may be permitted if needed as part ur
the mining activity. These imported materials could be used for preparinc~ the minin;]
site for reclamation or blendin,cl with the on site materials to provide for a better fill or
construction product that is then exported. The import of materials that are only to
stockpiled, and are not related to the mininq activity, will not be permitted. _
18.62.050 Asphalt and concrete batch plant;
Asphalt and concrete batch plants, and related proce$_~ing facilities, may be permitted ;1'
approved as part of the surface minina operations permit. The plants must be an incidental
use to the on site minin,q activity. The plants shall only be located within the City'.,
Comprehensive Plan desionated mineral resource areas.
18.62-10
This pro~/ision does not apply to existinR plants that are operatin,q under pre existin~ -
zonin.q authority.
18.62.05_60 Subsequent useRe~amai4e~ plan.
In order to ensure the creation of usable land, subsequent to the completion of mining
activities, a.---...-,.v.,'"-~"-~';-- plan shall be prepared =Rd that addresses_ the following ~'~......_..t¢.
A. In conjunction with the mining permit a subsequent use of the mining site shall
also be approved. The owner/operator shall submit a plan, in sufficient detail, to
determine that the subsequent use of the mining site will be in conformance with the
Comprehensive Plan and this Title. The owner/operator shall submit evidence that the
amount of material to be removed is commensurate with the subsequent land use.
B. The development of the subsequent use may precede the completion of thn
minin.q In such cases the operations Dian and subsequent use plan shall be desi.qned
to reduce conflict between the subsequent use and the operations of the mine. If tho
subsequent use is developed in phases each phase must be able to stand on its own
without reliance upon development of subsequent phases or future minin.q activity
unless a phasin,q plan is approved by the Plann n.q Director. The phasin{:{ plan must
minimize the need for future development or mininq necessary to complete the phase,
provide for time frames to complete each phase includinq what is needed, e g
extension of which utilities, streets, provision of parks, etc.. The Director may require
financial security to ensure the completion of each phase.
............... ~ ............ ~' .......... ~ ..................... or
, ,,.,.;~r,.,.,-,,i,, ,4;,-.,,,.;k, ,,,~.,,{ ,,,,,,,. ,,t-. .......... ;,.; ....... "",+;~-,-..~.,- ~.-.__, ,"1 ', ,.,,.C,,.;.~.,., ~.,,,~.,,. ,,,;ii
.................. " ........................... ~ ...............................
18.62-11
18.62.070 Findin s o~
Applications for a surface mininq operations permit shall only be approved if sufficie,~;.
findinqs of fact are drawn to support the followin.q:
A. The proposal as submitted meets or exceeds the submittal requirements sectio,,
18.62.030 of this chapter.
B. The proposal as submitted meets or exceeds the standards of section 18.62.040
of this chapter. _
C. The proposal has addressed all operational items listed in section 18.62.010 and
any identified impacts have been appropriately miti.qated.
D. The proposal is consistent with the .qoals and policies of the Comprehensiv.,
Plan.
.18.62 080 Years of o;)eration
A. At the initial approval of an operations permit a master permit will be .qiven fo,
the lifetime of the mineral resource at the mininq site. These mines must be located with;,,
the City's Comprehensive plan desi.qnated mineral resource areas. Mines located outs!~
.the City's Comprehensive plan desi.qnated mineral resource areas may be .qranted a perm;(
.for up to ten years and may be renewed but will be treated as a new application.
B. Operations under a master permit must be reviewed by the Plannipq Director al
.the end of each subsecluent ten years. The operator of the mine must submit to II~
18.62-12
Planninq Director, at least 6 months prior to the end of each ten year period, evidence that
the minin.q operation is in compliance with the conditions of the master permit and th,,
standards contained within this chapter. This evidence shall include the submittal of th,,
existin.cl topo.qraphy in a computer disk form that is compatible with the City's system. Tho
operator shall also provide an estimate of the amount of material that has been removed, ;,,,
estimate of when minin.q is to be complete, identification of any areas where minin.q
been completed and whether restoration has be.qun or is anticipated to beqin.
C. The master permit shall remain in effect if it is found the operations are i,,
compliance with the conditions of the master permit, the standards contained within th;~;
chapter, and there have been no siqnificant adverse impacts that have occurred that wet,,
not previously identified and effectively miti.qated.
D. If the Plannin.q Director determines that operations are not in compliance with th,',
conditions of the master permit or the standards contained within this chapter, or that
si.qnificant adverse imp=~.t$ have resulted from the operation and have not been miti.qated,
then the Plannin.q Director shall so advise the minin.q operator in writin.q within ninety (90)
days from receipt of the materials provided by the minin.q operator under sectiol',
18.62.080(B). If the Plannin.q Director determines that operations are not in complianc,,
with the conditions of the master permit, the Planninq Director shall advise the minin;~
operator of any non-compliance and proposed corrections/revisions, includinq a time fram~'~
durin.q which such corrections/revisions are to be made. If si.qnificant adverse impacts hay,.
occurred that were not previously identified and miti.qated, the Plannin.q Director shall advis.,
the minin.q operator of any required corrections/revisions to the master permit to include
~uch miti.qation. If new operation standards have been adopted pursuant to this chapter th.J,
Planninq Director shall advise the minin.q operator of any required revisions to the maste,
permit to reflect the new standards, if determined applicable and practical by the Plannir~!l
Director,
The minin.q operator shall have ninety (90) days from receipt of the Planninq Director',.;
notice under section 18.62.080 (D) to make the required corrections/revisions or to appeal
the Planninq Director's decision to the Hearinq Examiner pursuant Chapter 18.66 of thi~;
Title. The Hearin.q Examiner may affirm, modify, or disaffirm the Plannin.q Director's_
determination. If the mining operator does not appeal the Plannin.q Director's determinatio,
then the minin.q operator shall make the corrections/revisions proposed by the PlanninU
Director and the master permit shall be modified to incorporate the revisions/corrections.
18.62-13
If the mininf:l operator does not make the corrections/revisions as required by the City the,,
the Buildin,q Official shall proceed with enforcement action under Chapter 1.25 of th..
Auburn~
E. If permits, for mines located outside the City's CompreheRsive Plan desi.qnate, I
mineral resource area, are not renewed then the surface minin.q operations shall cease ai-,
the mine reclaimed pursuant to the requirements of RCW 78.44.
18.62.090 Existin¢l minina operation~
For those surface mines that are operating under a valid City of Auburn peri,it, that ha:;
not expired, and were limited to a five (5) year permit, the permit shall automatically b,.
extended by an additional five (5) years without the need for revisions to the existin.q perm;I
or additional headn.qs and, if located within the City's Comprehensive Plan designate, I
mineral resource area, shall be deemed the initial approval of a master permit under sectio,,
18.62.080. At the end of the ten (10) year period any master permit may continue in effect
pursuant to the provisions of section 18.62.080, and any other permits may be renewe, I
pursuant to the provisions of section 18.62.080.
18.62.1060 _Enforcement Reveeatien of permits.
Failure of the owner/operator to comply with any or all of the provisions of this chapter or
any or all of the provisions of the individual surface mining operations permit may cause the
Building Official to proceed with enforcement action under Chapter 1.25 of the Auburn City
Code ..... '-~ ~'~' ..... ~ ~' +~- .... ..~.~* ~ ...... u...~., · ·
18.62-14