HomeMy WebLinkAbout4976RetUrn Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):.
1. Mining Permit (Ordinance No. 4976)
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Reference Number(s) of Documents assigned or released:
r-]Additional reference #'s on page of document
Grantor(s) (Last name first, then first name and initials)
1. Auburn, City of
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Grantee: (Last name first)
I~.. M.A. SEGALE INC.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
NE1/4 Section 32, Twp 21, R5E
[] Additional legal is on page 14 of document.
Assessor's Property Tax Parcel/Account Number:
332105-9006
[] Assessor Tax # not yet assigned
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ORDINANCE NO. 4 9 7 6
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING A
SURFACE MINING PERMIT TO ALLOW FOR THE CONTINUED MINING OF A
254-ACRE PARCEL LOCATED ON THE EAST SIDE OF KERSEY WAY AND
SOUTHERLY OF THE STUCK RIVER, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, Application MIN0003-90, dated August 22, 1990,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by M.A. SEGALE, INC., requesting a
Surface Mining Permit that would allow for the continued
mining on a 254-acre site located on the east side of Kersey
Way and southerly of the Stuck River, within the City of
Auburn, Washington, hereinafter described in Section 2 of this
Ordinance; and
WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner based upon staff review,
held a public hearing to consider said petition in the Council
Chambers of the Auburn City Hall, on May 7, 1997, at 7:00
p.m., at the conclusion of which the Hearing Examiner
recommended approval of a Surface Mining Permit to allow for
Ordinance No. 4976
May 21, 1997
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the continued minin9 on a 254-acre site located on the east
side of Kersey Way and southerly of the Stuck River, based
upon the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
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The applicant, M.A. Segale Inc., has requested a surface
mining permit that would allow for the continued mining
on a 254 acre site that lies east of Kersey Way and
southerly of the White River. This permit represents a
portion of the overall mining activity that is occurring
within this area. The applicant mines a total of 664
acres in this area which is leased. The remaining 410
acres is currently being reviewed for a separate mining
permit and will be scheduled for a public hearing in the
near future.
The mining area lies within a designated mineral resource
area. This designation is part of the City's
Comprehensive Plan and is illustrated on Map 9.3A. This
designation is a requirement pursuant to the State's
Growth Management Act (GM_A), RCW 36.70A.170. Designated
mineral resource areas are those which the life of the
resource is at least 20 years. The applicant has
indicated that based upon geotechnical exploration the
life of the resource is an additional 25 to 30 years.
Surrounding zoning and land uses in the vicinity include
R-2/P1, park and vacant to the north; R1/RR, residential
to the south; R1/RR, watershed and vacant to the east;
Ri, residential and vacant to the west. The anticipated
future land use on the site is residential, and the
Comprehensive Plan designates the subject site at this
time as a Special Planning Area. However, land to the
Ordinance No. 4976
May 21, 1997
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north, south, and west is designated for single family
uses.
Mining within this mineral resource area has been
occurring for over 25 years. Historically, there have
been a number of different mining operators as well as a
number of mining permits issued. The current permit
request, (together with the subsequent permit that will
be processed in the near future), will bring the area
into compliance with existing permitting requirements and
will be structured such that an overall mining plan will
be adopted for the mineral resource area. In 1971, the
City adopted resolution #457 which approved an overall
grading plan for this area. The purposes of the grading
plan were to recognize the long term mineral resource of
the area and to ensure that all the separate mining
operations were working towards compatible finished
grades. The resolution also required separate permits
for each operation and that the permits conform to the
grading plans that are attached to the resolution. While
the proposed permit is reasonably close to the 1971
grading plan, it does not match it exactly. Since there
is a designated mineral resource area and there is now a
single mining operator in the area, resolution #457
should be repealed in order to avoid any conflict between
the 1971 grading plan and the current proposal.
The subject application represents a total of 254 acres
with 160 acres being owned by the State Department of
Natural Resources (DNR). The applicant operates under a
long term lease with DNR. The subject application has
been pending for quite some time with the City. The
application was originally submitted in 1990 and a Final
Mitigated Determination of Non-significance (MDNS) was
issued in 1993. The application has been pending a
hearing date since that time as well as mining activity
has been occurring.
The MDNS that was issued in 1993 contained a number of
conditions related to the operations of the mining
Ordinance No. 4976
May 21, 1997
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permit. Some of these conditions also required the
applicant to provide additional studies and plans to be
approved prior to the minin9 permit bein9 effective. The
additional information included a geotechnical report
evaluating the impacts to groundwater resources, a spill
response plan, a storm drainage erosion and sedimentation
plan, a monitoring program for any water quality impacts
to the adjacent Bowman Creek, a wetland mitigation plan,
and transportation information. The mining operator has
provided that additional information. This has been
reviewed by the City and the City has determined that the
additional information satisfactorily meets the
requirements of the MDNS. The additional information and
staff comments are made part of this report.
The State of Washington in 1993 revised the state surface
mining laws. These laws are contained within Chapter
78.44 of the Revised Code of Washington (RCW).
Essentially the revisions clarified that Cities have the
authority to regulate the ~operations" of a surface mine
and the State Department of Natural Resources has the
sole authority to regulate the ~reclamation" of the
mining site. 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 generation, air quality,
surface and ground water quality, quantity and flow,
glare, pollution, traffic safety, ground vibrations
and/or significant or substantial impacts commonly
regulated under provisions of land use or other permits
of local government and local ordinances. Operations
also include; a) the mining or extraction of rock,
stone, gravel, sand, earth, and other minerals; b)
blasting, equipment maintenance, sorting, crushing, and
loading; c) on-site mineral processing including asphalt
or concrete batching, concrete recycling, and other
aggregate recycling; and, d) transporting minerals to and
from the mine, on site road maintenance, road maintenance
for roads used extensively for surface mining activities,
traffic safety and traffic control.
Ordinance No. 4976
May 21, 1997
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The Final Mitigated Determination of Non-significance
(MDNS) that was issued in 1993, together with the
regulations contained within Chapter 18.62, which is the
Surface Mining chapter of the Zoning Code, and the
conditions of this permit address all elements that are
considered to be operations.
While the overall mining operation is quite large and is
proposed to operate for a number of years, it is located
in an area of the City that is not densel~ populated.
The mine shares only one property line with residential
neighbors. On the south property line there are a few
homes on large lots that abut the property lines of the
mine itself. These homes are buffered, from the mine, by
a 300 foot wide electrical transmission line easement
together with a 50 foot setback that is required by the
mining standards. Except for mining that has previously
occurred there will be no mining on the south side of the
transmission line. The remainder of the mining site
either abuts vacant property or public right of way. The
applicant had a meeting with a number of neighbors
residing south and east of the surface mining site.
Additional conditions were proposed and will be
incorporated into the variance application dealing with
the fence.
There is only one egress/ingress point to the mining
area. This is located near the northwest corner of the
site away from the abutting residences. The majority of
the truck traffic goes north, on Kersey Way, a few
hundred feet to a private haul road that is controlled by
the applicant. The private haul road continues west and
eventually intersects with UA" Street SE. From there the
truck traffic continues west to the freeway system or
goes north or south on "A" Street SE which is a City
designated haul route.
The applicant also maintains various sand and gravel
processing facilities, e.g., a large asphalt plant on the
Ordinance No. 4976
May 21, 1997
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north portion of the overall mining site. The applicant
has indicated that the majority of the material excavated
within the subject mining permit area is transported to
these facilities for processing.
Section 18.62.050(A) of the Zoning Ordinance requires
that a subsequent use of land be established as part of
the permit. It also requires that enough information be
submitted that indicates the subsequent use is consistent
with the Zoning code and the Comprehensive Plan. The
Comprehensive Plan has illustrated a majority of the area
as a 'Special Planning Area" (SPA). The purpose of a SPA
is to prepare a subarea plan for the area and address
specific land use and other issues as part of the plan.
The Comprehensive Plan at pages 14-20 gives direction
that the area should be largely residential in character.
The existing underlying zoning of the mining site is
either Unclassified or R-i, Single Family. The
Unclassified assumes the R-1 zoning standards.
Sheet 7 of 21, of the reclamation plan, illustrates that
the finished grades of the majority of the entire mining
site will range up to 10%. This drawing illustrates that
a residential development could occur on these finished
grades. Typically development is based upon it being
able to be served by an adequate street system. Since
10% grades are being proposed they can accommodate the
City's requirement that streets be no steeper than 12%.
At the time of the public hearing, a number of neighbors
expressed concern regarding the fact that they obtain
their water from private wells and are concerned about
the affect of continued mining operations on their water
quality. No evidence was submitted by which the Hearing
Examiner could conclude, whether through lay or expert
testimony, that the water quality would be affected,
particularly considering the number of years that the
mining operation has operated on the site.
15. Related Comprehensive Plan Policies:
Ordinance No. 4976
May 21, 1997
June 3, 1997 Page 6 only
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EN-40 The cost effective availability of sand and gravel
materials is needed to support the development of
freeways, roads, public works, and private
construction. Mineral extraction may therefore be
permitted if in accord with these policies.
EN-41 Existing mineral extraction operations (as
specifically authorized by a City permit to mine)
shall be allowed to continue operation for the
duration of, and in accord with, their existing
permits.
EN-42 Mineral extraction operations shall not be
considered a permitted use in any zoning district.
They are to be reviewed as special uses and shall be
conducted only in accord with the measures needed to
mitigate any adverse ~impact. Permits for the
operation shall be denied whenever any impact is
deemed by the City Council to be unacceptable or
cannot be acceptably mitigated.
EN-43 A final gradin9, drainage and erosion control plan
shall be submitted with every application.
Conditions of operation shall be spelled out in
detail with performance bonds required to ensure
compliance. Failure to comply with the provisions
will be adequate grounds for suspension and
subsequent termination of the permit.
EN-44 The burden to demonstrate compliance with these
policies and to demonstrate the need for a new permit
or a renewal of a permit for any mineral extraction
operation rests solely on the operator. The burden to
operate in compliance with these policies and any
permit issued in accord with the same shall also be
on the operator.
EN-45 The City shall consider impacts of mining on
groundwater and surface water quality as well as
Ordinance No. 4976
May 21, 1997
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possible changes in hydrology as a result of the
mining during the environmental review process and
require appropriate mitigating measures to prevent
water quality degradation.
EN-46 Mineral resource areas or lands are those lands
which have high quality resources that can be
commercially mined for a minimum of twenty years (Map
9.3A). Properties around which urban growth is
occurring should not be considered as mineral
resource areas. As required by RCW 36.'70A.060, the
City shall require notification on all plats, short
plats, development permits and building permits
issued for development within 300 feet of these lands
that a variety of commercial activities may occur on
these lands that are not compatible with residential
development for certain periods of limited duration.
EN-47 Additional mineral extraction operations or major
expansion of existing operations onto adjacent
parcels shall be permitted within mineral resource
areas. Impacts of the operations must be studied
thoroughly under the provisions of SEPA, and the City
shall require implementation of all reasonable
mitigating measures identified in those studies.
Permits for the operation and renewal of permits for
existing operations shall be denied whenever any
impact cannot be acceptably mitigated.
EN-48 Additional mineral extraction operations or
expansions of existing operations will only be
allowed outside of mineral resource areas where it is
advisable to modify slope to create usable land (or
to provide another public benefit associated with the
site) and where the community will suffer no
substantial short or long term adverse effect.
Impacts of the operations must be studied thoroughly
under the provisions of SEPA, and the City shall
require implementation of all reasonable mitigating
measures identified in those studies. Permits for
Ordinance No. 4976
May 21, 1997
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the operation and renewal of permits for existing
operations shall be denied whenever any impact cannot
be acceptably mitigated.
EN-49 New mineral extraction operations and expansion of
existing mineral extraction operations will not be
permitted in areas designated for "open space" uses.
EN-50 The creation of usable land consistent with this
comprehensive plan should be the end result of a
mineral extraction operation. The amount~ of material
to be removed shall be consistent with the end use.
While this policy shall be rigidly applied to
developed areas and to all areas outside of mineral
resource areas, some flexibility may be appropriate
within mineral resource areas.
EN-51 Aesthetic qualities, erosion control, the effect on
community and the creation of usable land which is
consistent with approved Washington State Department
of Natural Resources and City Reclamation Plans shall
be the primary considerations in a decision to grant
a permit for a new mineral extraction operation or to
extend the scope of an existing mineral extraction
operation outside designated mineral resource areas.
The case file, MIN0003-90, and environmental file,
SEP0070-90, of this project are hereby incorporated by
reference and made part of the record of this hearing.
CONCLUSIONS OF LAW
The proposal as submitted is consistent with the City's
requirements regarding surface mines found in Chapter
18.62 of the Zoning Ordinance. It is also consistent
with the above cited Comprehensive Plan policies, the
Plan's designation as a mineral resource area and with
the future Special Planning Area.
Ordinance No. 4976
May 21, 1997
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The proposal .is consistent with the State's new mining
regulations.
The project has received the appropriate environmental
review and mitigating conditions have been imposed.
Even though the mining has been occurring for a number of
years and the site is large, with regard to size and
volume, there have been relatively few issues that have
arisen since the area has been mined by one operator.
Site visits by City have concluded that the 'operation is
well managed and designed. A sophisticated storm
drainage system is in place that allows for the reuse of
storm water as part of the operation of the facility.
Mining is conducted such that it is screened from view
and the impacts of noise, dust, etc. are lessened.
For each of the above reasons, the recommendation of the
Hearing Examiner to the Auburn City Council on this
application for a Surface Mining Permit is approved and
affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith approved and
incorporated in this Ordinance.
~ A Surface Mining Permit is hereby approved to
allow for the continued mining of a 254-acre parcel located on
Ordinance No. 4976
May 21, 1997
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the east side of Kersey Way and southerly of the Stuck River,
situate in the City of Auburn, County of King, State of
Washington, and legally described in attached Exhibit "A".
Section 3. The mitigatin9 conditions of the Mitigated
Determination of Non-Significance, file SEP0070-90, are
incorporated by reference.
Section 4. Upon approval of this Ordinance the Auburn
City Council shall void Resolution No. 457.
~ This permit shall become part of the permit,
Application MIN0001-96, that will be issued for the northerly
portion of the overall minin~ site. This permit shall be
subject to all applicable conditions of the subsequent permit
includin~ time frames of operation. The intent of this
condition is to have one minin~ permit for the entire minin~
site operated by the applicant, M.A. Segale, Inc.
Section 6. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City
of Auburn shall cause this Ordinance to be recorded in the
office of the Kin~ County Auditor.
Ordinance No. 4976
May 21, 1997
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Section 7. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
~ This Ordinance shall effect and be in force
five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4976
May 21, 1997
Page 12
Parcel
LEGAL DESCRIPTION OF PROPERTY
NE 1/4 Section 32, Township 21 North, Range 5 East, W.M., in King County,
Washington.
Parcel B:
That portion of the NW 1/4 of Section 33, Township 21 North, Range 5 East,
W.M., in King County, Washington, lying Northwesterly of the Southeasterly
line of the Bonneville Power Transmission Line right-of-way easement as
established under King County Recording Nos. 3196038 and 3238233.
Parcel C:
That portion of the South 1/2 of the Northwest 1/4 of Section 32, Township
21 North, Range 5 East, W.M., lying East of Oravetz Road, together with'
that portion of the Northeast 1/4 of the Southwest 1/4 of Section 32,
Township 21 North, Range 5 East, W.M., lying East of Oravetz Road,
together with that portion of the NorthQest 1/4 of the Southeast 1/.4 of
Section 32, Township 21 North, Range 5 East, W.M., lying Northerly of
Oravetz Road, EICEPT that portion of the Northwest 1/4 of the Southeast
1/4 lying South of a line drawn westerly parallel with the North line of
said subdivision from a point on the East line of said subdivision, 750
feet North of the intersection of said East line with the North margin of
H. B. Carter Road, AND EXCEPT that portion of the West 200 feet of the
East 500 feet of the Northwest 1/4 of the Southeast 1/4 lying southerly of
a line drawn westerly parallel with the North line of said subdivision
from a point on the East line of said West 200 feet Northerly 500 feet
from the intersection of said East line with the North margin of H. B.
Carter Road.
Exhibit "A"
Ordinance No. 4976