HomeMy WebLinkAbout5018Return 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. 5018)
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Reference Number(s) of Documents assigned or released:
["-]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)
SECTIONS 29, 32 AND 33 AND SW ¼ OF SECTION 28, T21 N, R 5 E
[] Additional legal is on page 10 of document.
Assessor's Property Tax Parcel/Account Number:
332105-9006
[] Assessor Tax # not yet assigned
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ORDINANCE NO. 5 0 1 8
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING A
SURFACE MINING PERMIT TO ALLOW FOR THE CONTINUED MINING OF A
664-ACRE PARCEL LOCATED EAST OF KERSEY WAY A_ND SOUTH OF THE
STUCK RIVER, WITHIN THE CITY OF AUBURN, WASHINGTON, AND
REPEALING ORDINANCE NO. 4976.
WHEREAS, Application MIN0001-96, dated March 7, 1996,
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 and mining operations as defined in RCW 78.44.031 on a
410-acre site located east of Kersey Way and south 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 August 19, 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. 5018
October 1, 1997
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the continued minin9 on a 410-acre site located on the east
side of Kersey Way and south of the Stuck River, based upon
the followin9 Findings of Fact and Conclusions, to-wit:
o
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FINDINGS OF FACT
The applicant, M.A. Segale Inc., has requested a surface
mining permit that would allow for the continued minin9
including, but not limited to excavation and processing
of sand and gravel, including sorting, washing and
crushing, screening of topsoil, and production of
concrete, asphalt and recycled asphalt, and related
office and shop operations on a 410 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 254 acres was reviewed for a
separate mining permit and was approved in June of 1997.
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 (GMA), 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.
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 permit that was previously
approved), will bring the area into compliance with
Ordinance No. 5018
October 1, 1997
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o
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existing permitting requirements and is structured such
that an overall mining plan is adopted for the entire
mineral resource area. It is also the intent of this
decision to incorporate requirements of the previous
approved permit into the subject permit in order to have
one permit issued for the entire mining area.
The MDNS that was issued on July 28, 1997 contained a
number of conditions related to the operations of the
mining permit on the 410 acres. These conditions address
storm drainage, erosion and sedimentation control,
geotechnical information, an agreement to address the
three private wells that are on the site, wetlands,
landscaped berms and transportation information.
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. 5018
October 1, 1997
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The Final Mitigated Determination of Non-significance
(MDNS) that was issued on July 28, 1997, 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 densely 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 subject
mining site either abuts vacant property or public right
of way.
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 ~A" 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
this portion of the mining site and a concrete batch
plant.
Ordinance No. 5018
October 1, 1997
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CONCLUSIONS OF LAW
o
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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.
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.
Ordinance No. 5018
October 1, 1997
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith approved and
incorporated in this Ordinance.
Section 2. A Surface Mining Permit is hereby approved to
allow for the continued mining and mining operations as
defined in RCW 78.44.031 of a 410-acre parcel located on the
east side of Kersey Way and south 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 mitigating conditions of the Mitigated
Determination of Non-Significance, files SEP0070-90 and
SEP0009-96, are incorporated by reference.
~ This permit shall incorporate the conditions
of approval of application MIN0003-90, that were approved by
Ordinance No. 4976, for the southerly 254 acre portion of the
overall mining site. The legal description for the subject
permit shall be written to encompass both the northerly and
southerly parcels. The intent of this condition is to have
Ordinance No. 5018
October 1, 1997
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one mining permit for the entire mining site operated by the
applicant, M.A. Segale Inc. The legal description of the
entire 664 acres is attached hereto as Exhibit "A" and
incorporated herein by reference.
Section 5. Ordinance No. 4976 passed by the City Council
on June 2, 1997, is hereby repealed in its entirety as this
Ordinance incorporates all conditions.
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 King County Auditor.
~¢tion 7. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 8. This Ordinance shall effect and be in force
five (5) days from and after its passage, approval and
publication, as provided by law.
Ordinance No. 5018
October 1, 1997
Page 7
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INTRODUCED:
October 6, 1997
PASSED:
October 6, 1997
ATTEST:
APPROVED: October 6, 1997
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5018
October 1, 1997
Page 8
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THAT PORTION OF SECTIONS 29, 32, AND 33, AND THAT PORTION OF THE SW 1/4 OF
SECTION 28, T 21 N, R 5 E, W.M., LYING SOUTHERLY OF STUCK RIVER DRIVE,
NORTHERLY AND EASTERLY OF THE NORTHERLY AND EASTERLY MARGIN OF KERSEY
WAY AND OF H.B. CARTER ROAD (NOW 53RD STREET SE), EXCEPT THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SECTION 32 LYING NORTH OF H.B. CARTER ROAD (NOW 53RD
STREET SE), AND EXCEPT THAT PORTION OF THE EAST 300 FEET OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 32 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 (NOW KERSEY WAY), AND EXCEPT
THAT PORTION OF THE WEST 200 FEET OF THE EAST 500 FEET OF THE NORTHWEST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 32 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 DISTANT NORTHERLY 500 FEET FROM THE
INTERSECTION OF SAID EAST LINE WITH THE NORTH MARGIN OF H.B. CARTER ROAD
(NOW KERSEY WAY), AND EXCEPT THAT PORTION OF SECTION 33 LYING
SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE COVINGTON-CHEHALIS
TRANSMISSION LINE, AND EXCEPT THE SE 1/4 OF THE SW 1/4 OF SECTION 28, T 21 N,
R 5 E, W.M., ALL IN KING COUNTY, WASHINGTON.
Ordinance No. 5018
Exhibit "A"
' ° _ * --
CITYOF� *�%�,=�;� *
������`{�T PeterB. Lewis, Mayor
�,� A\l 'V
�'� �-%'� WASHINGTON 25 Wesf Main Sfreet * Aubum WA 98001-4998 * www.aubumwa.gov* 253-931-3000
February28, 2012
Dave Gent,General Manager ICON Materials and C�1}�T✓�F,�
�,� ,,[��G.
Uce-Presiderrt/CPM Development Corporation �..%?,�` R
ICQN Materials,dba CPM Development Corporation F'� S n�.F N
1508 Valentine Ave SE �� �'� ,., 'C�
Pacific,WA. 98047 'UJ)
Jeff Wright, Production Manager
ICON Materials
PO Box 957
Aubum,WA 98071
Re: Continuation of an ExisUng Master Surface Mining Perrnit under the City's Surface Mining
Regulations, Pursuant to Autium City Code(ACC) 18.62 (File No. MIN07-0001)
Dear Mr. Gent and Mr.Wright:
Please be advised that I have approve.d.your request for an administrative approval for the continuation of
an existing Master SurFace Mining Permit under the City's Surface Mining regulations, pursuant to Au6um
City Code(ACC) 18.62 The proposal is the administrative approval.of cor�tinued operations based on the
reguisite city review at 10-year intervals during the master pertnit,which was issued for theiffetime of the
mineral resource at the mining site: The Permittee under the Master Surface Mining Permit proposes to
continue aggregate resource min'ing and related activities on the approximately 664acre site, composed of
multiple parcels, located on the east side of Kersey Way SE and south of the8tucklWhite River.
The enGosed decision of the Director is final subject to appeal to the City's Hearing Examiner. Any
affected party may appeal the Directors decision within fourteen (14)days of the date of maiiing of fhe
Directors_decision. Appeais may be filed at the Auburn Planning Department.
This decision is only for the specfied purpose and may be you must also secure any other city or other
agency permits/approvals that are necessary for the proposed project or construction.
Sincerely,
�
Kevin H. Snyder,AICP
Planning and Development Director
KHS:JBD/bh
COR12-072
Enclosure: Mining Decision MIN07-0001
Amendment to Traffic Mitigation Agreement, ICON Materials
cc: Laurie Pinard, Generel Counsel.for ICON Materials
Dennis Dowdy, Public Works Director
Pablo Para, Traffic Engineer
City Clerk
Valley Regional Fire Authority
AUBURN * M��E THAN YQU INIAGWED
MIN07-0001,Administrati4e Decision •
February 28,2012
Page 2
NOTICE OF RIGHT TO APPEAL
The decision of the Director is final subject to appeal to Aubum's Hearing Examiner._ Any affected party
may appeal the Direotors decision within fourteen(14) days of the date of mailing of the Directors
decision: Appeals may be filed at 4tie Aubum Planning Department.
• � _ *
CITY OF -.�.:�'-";�>""'.� *
e,����T�i =�"�T Peter B. Lewis, Mayor
�,l � " -�.J i1.1 'V
�° ---' WAS H I NGTON 25 West Main Sheet * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-3000'
City of Auburn
Mining Permit Na MIN07-0001
Project Description:.
Theproposal is the continuation of an existing MasterSurface Mining Permit under the
City's Surface Mining regulations, pursuant to Auburn City Code (ACC) 18.62. and
Revised Code of Washington (RC11� 78.44.031(8). The proposal is the administrative
approval'of continued operations based on the requisite city review at 10-year intervals
during the master permit, which was issued for the I�fetime of the mineral resource at
the mining site. The Permittee under the Master Surface Mining Permit proposes to
continue aggregate resource mining and related`activities on the approximately 664-
acre site; composed of multiple parcels, located on the east side of Kersey Way SE and
south ofithe StucklWhite River. The site is a City designated Mineral Resource Area.
The proposal is identified as File No. MIN07-0001 and is continuation of the previous
mining permit ident�ed as File No. MIN0001-96.
Previous mining permits for the site have included File No. MIN0003-90 authorized by
City Ordinance No. 4976 adopted June 2, 1997 related to mining of 254 acres of the
overall approximately 664-acre minmg site and File No. MIN0001-96 under City
Ordinance No. 5018 adopted October 6, 1997 related to the mining of 410 acres of the
overall approximately 664-acre mming site. The City's approval of MIN0001-96
incorporated the earlier mining permit (File No. MIN0003-90).
Related Permits/Approvals:
• State of Washington Department of Natural Resources, Reclamation Plan
approval.
Mine Site Identification No: 404
Surface Mine Reclamation Permit No.: 10269
Mine Name: Aubum Pit (flca Baydo Pit)
Permit Acreage: 664
PermiY Depth: 225
e A Final Mitigated Determination of Non-Significance, File No. SEP0070-90 was
previously issued August 8, 1993 in connection with File No. MIN0003-90 to
allow the extraction of.sand and gravel resources and continuation of the mining
operation within an existing pit site covering 254 acres.
e A Final Mitigated Detertnination of Non-Sign�cance, File No. SEP0009-96 was
previously issued July 28, 1997 in connection with File No. MIN0001-96 to allow
the extraction of sand and gravel resources and continuation of the mining
operation within an existing pit site covering 410 acres.
o National Pollutant Discharge Elimination System Permit#WAG-50-1386 and
related Stormwater Pollution and Prevention Plan (SWPPP); Spill PreveMion,
Control and Countermeasures Plan (SPCCP); and Spill Response Plan (SRP);
ICON Materials, November 15;2007.
AUBURN * MORE THAN YOU IMAGWED
Staff Report MIN07-0001 �
Permittee•
Dave Gent, General ManagedlCON Materials and
Vice-PresidenUGPM Development Corporation
ICON Materials, dba CPM Development Corporation
1508 Valentine Ave SE
Pacific,WA: 98047
JeffVNrighfi, Production Manager
ICON Materials
4040 Kersey Way 1NY SE
Aubum, WA 98092
PO Box 957
Aubum, WA 98071
Site Location and Parcel Number(s): .
The project site is addressed as 4040 Kersey Way SE and is located immediately east
of Kersey Way_SE and south ofthe Stuck/White River and Stuck Riverbrive S,E. The
site is within S1N%.o#Section 28, and Sections 29, 32 and 33 of Township2l North,
Range 5 East, W.M. The approximately 664-acre site is composed ofiwenty-two �
pa�cels as follows:
322105-9001 282105-9010
322105-9002 282105-9026
322105-9003 282105=9028
322105-9004 292105-9019
332105=9050 292105-9020
322105-9008 292105-9021
322105-9024 292105-8022
322105-9026 2921U5-9025
`3221U5-9031 292105-9044
292105-9046
292105-9053
322105-9005
322105-9006
Description of Application Review Process:
The City's regulations provide that a master mining permit shall be initially approved for
the I'�fetime of the mineral resource for those mining sites located within the City's
Comprehensive Plan designated Mineral Resource Area (MRA}. Subsequently during
the lifetime, the City shall�eview the operations at 10-year intervals. Based on this
review, the master mining permit shall remain in effect if the Planning Director finds the
operations are in compliance inrith the conditions of the master permit, the standards
contained of ACC 18.62 related to mining operations, and there have been no
sign�cant adverse'impacts that have occurred that were not previously identified and
effectivety mitigated. The Planning Director's decision is an adminisVative decision that
can be appealed to the Hearing Examiner pursuant to ACC 18.66 and 18:70.050.
Page 2 of 19
Staff Report MIN07-0001
Summary ofDecision:
The continuation of SurFace Mining Permit MIN0001-96, under File No. MIN07-0001 is
conditionally approved based on the Findings of Fact and Conclusions of Law ident�ed
herein.
Fndings of Fact and Conclusions of Law:
1. The mining area that is the subject of this submittal lies with the designated "Stuck
River Road Special Plan Area". Chapter14, Comprehensive Plan Map, provides the
following guidance on the purpose and intent of this designated special plan area, or
sub-area plan of the City's Comprehensive Plan:
°Stuck River Road Special Planning Area: A portion of the Stuck River Road
Special Planning Area is currently the site of a large sand and gravel mining
operation. This area and'other adjacent land comprising a total of approximately
664 acres has been designated as a long term.resource area (mineral resource
area), so developmenYof the Special Area Plan for this area should be a low
priority as mining is expected to continue on this site for as long as 30 years.
The land uses for the Stuck River Road Special Planning Area will be determined
through a sub area planning process and the City� CounciPs adoption of the sub
area plan. Potential land use applied through the sub area planning process
could include single family residential, commercial, institutional and recreational.
Some light industrial uses may be appropriate for consideration and designation
through the subarea planning process if the uses are "industrial or business park"
in character; conductetl entirely within an enclosed building, exhibit a high degree
ofperformance standards and are non-nuisance in nature and if appropriately
limfted in extent and location. A mix of housing types ranging from single family
residential to multi-family residential is appropriate for this planning area. The
sub area plan should be adopted taking into consideration the period during
which rrmining is expected and the intent of the ultimate development of the area.
An active permit has been processed by the City with respect to the mining
activiry on a portion (approicimately 664 acres) of the mineral extraction
operation. The peRnit process should continue, however, any permit for mining
in the mineral resource area should be granted forthe I'rfe of the resource, with
reviews conducted periodically (every five years) to determine whether changes
in the originally proposed mineral extraction operation have arisen and give rise
to the need for additionaf or revised permit conditions to address the new impacts
(if any) of any such changes. Any permit applications foradditional acreage
within the mineral resource area shall be processecl by the City. Development of
this area should not occur until adequate public facilities are available to support
the development consistent with City concurrency policy."
"The City recognizes the potential for expanding the Stuck River Road Special
Planning Area to include additional land east of Kersey Way and north of the
Page 3 of 19
Staff Report MIN07-0001
Covington-Chehalis power line easement, and will consider a proposal by all
affected property owners. If the area is expanded, the number of non-multiple
family, non-manufactured home park dwellings units may be increased
proportionate to the increase in acreage. Any such proposal shall spec�cally .
apportion the types and quantities of developmerrt to occur within each separate
ownership."
2. The mining area lies within the City of Aubum's designated Mineral Resource Area:
The Comprehensive Plan was amended in 1992 to designate and protect "mineraf
resources lands". This designation is part of the Gity's Comprehensive Plan and is
illustrated on Comprehensive Plan Map 9.4. This designation is a requirement .,
pursuant to the State's Growth Management Act (GMA), RGW 36JOA.170.
Designated mineral resource areas are those which the 1'de of the resource is at
least 20 years (at the time of designation). The'Permittee has indicated that based
upon geotechnical exploration, the life of the resource is approxima4ely an additional
17 years. The submittal estimates that the mining will be complete on April 30,
2028. However, the lifetime of the mineral resource cannotbe precisely determined
since the rate of removal and consumption is based on market demand for
construction materials.
3. The site is located in the UNC, Unclassified and R5, Residential (formerly
designated -R2, Single Family Residential) zoning districts. ?he UNC zone is
intended to be an interim zoning designation in effect until a different zoning
designation is applied. Pursuant to Comprehensive Plan Policy EN�7; mineral
extraction opera6ons 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 accordance
with the measures needed to mitigate any adverse impact.
4. 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
numberof mining permits issued. Previous city mining permit have consolidated
previous permits applicable to portions of the site and brought the a�ea into
compliance with existing pertnitting requirements for the entire mineral reso.urce
area. It is the intent of this decision to incorporate requirements of the previous
approved permit to ensure continued consistency of the permit issuecJ for the entire
mining area.
5. On June 2, 1997 the City issued a mining permit for the southerly254-acre portion of
4he'overall approximately 664-acre site under File No. MIN0003-90 and by C,ity
Ordinance No:4976. The mining permit was issued after environmental review was
conducted and a public hearing was held by the City's Hearing Examinec Section 3
of the Ordinance incorporated by reference the mitigating conditions established by
the city in fhe Mitigated Determination of Non-Significance File No. SEP0070-90.
Sedion 5 of the Ordinance provided that the subject mining permit would become
part of the permit application MIN0001-96 to be subsequently issued for the
Page 4 of 19
Staff Report MIN07-0001
northerly portion of the site. $ection 5 further provided "This permit shall be subject
to all applicable conditions of the subsequent permk inciuding time frames of
operation. The iMent ofthis condition is to have one mining permit for the entire
mining site operated by the applicant . . .'.
6. On October 6, 1997 the City approved a mining permit for the northerly 410-acre
portion of the overall approximately 664 acre site under File No. MIN0001-96 under
City Ordinance No.5018. The mining permit was'�issued after environmental review
was conducted and a pubtic hearing was held by the City's Hearing Examiner.
Section 3 of the Ordinance incorpo�ated by reference the mitigating conditions
established by the City in the Mitigated Determination of Non-Sign�cance File No
SEP0070-90 and File No. SEP0009-96. Section 4 of the Ordinance incorporated the
conditions of approval of application MIN0003-90 previously approved under
Ordinance No. 4976 for the southerly 254 acre portion of the overall mining site. It
also required that the legal description for the subject permit encompass both the
northern and southerly portions of the mining site. 8ection 4 further provided "The
intent of this condition is to have one mining permit.for the entire mining site ,
operations by the applicant . . .°. Section 5 of Ordinance No. 5018 repealed the
previous Ordinance No. 4976 to accomplish the intent of have one mining permit
goveming the entire approximate 664acre site.
7. The Master Surface Mining Permit was authorized by Ordinance No. 5018, after the
applicant met all of the terms and conditions of the City of Aubum. More specifically,
Ordinance No. 5018 incorporated:
1) The mitigation measures of the Mitigated Detertnination of Non-Sign�cance
(MDNS) undercity file number'SEP0070-90 (for the southerly 254 acres of the site).
2) The mitigation measures of the Mitigated Determination of Non-Sign�cance
(MDNS) under city file number SEP0009-96 (for the northerty 410 acres of the site.)
and
3) the conditions of approval under Ordinance No. 4976, for the southerly 254-acre
portion of the overall mining site.
8. The City of Auburn issued the separate permit document to M.A. Segale,,Inc. for an
aggregate surface mine site (City Mining Permif Number MIN0001-96) pursuant
Ordinance No. 5018, on December31, 199Z.
9. In 1998 the city adopted Ordinance No. 5060 to modify and update its regulations
that apply to mining sites: The update was in response to the need to modemize its
regulations and to remain consistenf with state law. Prior to this, the State of
Washington revised the state surFace mining laws. These laws are contained within
Chapter 78.44 of the Revised Code of Washington (RGVV). The revisions clarified
tHat cities have the authority to regulate the "operations" of a surface mine and the
Page 5 of 19
Staff Report bIIN07-0001
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
u n
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 sign�cant
or substantial impacts commonly regulated under provisions of land use or other
permits of local govemmen4 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 reoycling, 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.
10.As provided by the city's regulations, operations under as Master Mining Permit are
to be reviewed by the City at the end of the first and each subsequent 10-year period
for the lifetime of the permit.
For this review, the Auburn City Code provides that the operator of the mine (the
Permittee)submit information demonstrating that mining operation is in compliance
withthe conditions of the master permit and the standards of the mining regulations,
ACC 18.62.080(B J If the City Planning Director determines, based on this review,
that the operations are in compliance withthe conditions of the master permit;the
standards of the mining permit chapter and the that no signficarrt adverse impacts
have occurred that were not previously identified and effectively mitigation that the
masterpermit shall remain in effect.
11.The Final Mitigated Determination of Non-Significance (MDNS) (SEP0009-96)thaf
was previously issued on July 28,1997 contains a number of conditions related to
the operations of the mining permit on the mining site. These conditions address
storm drainage, erosion and sedimentation control, geotechnical information, an
agreement to address the three private wells that are on ttie site, wetlands,
landscaped berms and transportation information.
12.On June 20, 2007, Laurie Pinard, General Counsel for ICON Materials su6mittetl a
letterand attached materials to the City of Auburn to demonstrate thaf ICON .
Materials; Permittee pursuant to an "Agreement to Substitute Party in AgreemenY'
among M.A. Segale, Inc., a Washington corporation, ICON Materials' predecesso�.
in interest and the City of Aubum, dated June 3, 1998, was in complianc_e with the
conditions of the master permit and the standards of ACC 18.62: ICON Materials,
as the operator of tlie mine, has requested a finding under ACC 18.62.080 to allow
for the continued mining including, but not limited to excavation and processing of
sand and gravel, including sorting, washing and crushing, screening of topsoil, and
production of concrete, asphalt and recycled asphalt, and related office and shop
operations. Over many months, staff reviewed the application materials, requested
Page 6 of 19
Statl'Report NIIl�i07-0001
revisions„the Permittee supplemented the application, and meetings were held
between staff and the Pei�mittee. Also, the City staff reviewing the application toured
the mining site to inspect the site and operations.
13.The following documents were submitted in support of the mining permit extension
applicaUon:
Submittal Cover Letter from Laurie A..Pinard. IGON Materials, dated June 20, 2007.
Attachment#1 — 11" x 17" print-.Aubum Pit Ezisting?opography, dated 5l7/07
A4tachment#2—24" x 36"print-Aubum Pit.Existing Topography, dated 5/7/07
Attachment#3— Digital Copy (CAD) -Aubum Pit Ezisting Topography, dated 5!7/07
Transmittal Letter ofNistorical SEPA Decisions and Minina Permits from Laurie A.
Pinard, ICON Materials, dateii Jurie 20, 2007.
Letter in resaonse to Citv's Letterof September 17. 2007 from Laurie A. Pinard and
Jeff Thomas,:ICON Materials, dat@d December 20 2007.
Exhibit A— Plan Documents Updated November 15, 2007.
Exhibit B —Table Concem''ing Au6urn Pit's Compliance with Aubum City Code,
Section 16.10.120 Performance Standards for Mitigation Planning and 16.10.130
Monitoring Program and Coritingency Plan.
Stormwater Pollution and Prevention Plan (SWPPP-)' Saill-Prevention, Control and
Countermeasu�es Plan (SPCCP)' and Soill Resaonse Plan (SRP) NPDES Permd#
WAG-50-1386; ICON Materials, November 15, 2007
Aubum Pit Master Permit Revievir 2007. Existina Topoaraohv.JCON Materials, May
7,2008
Aubum Pit Site Mao — Plant location Reclaimed Area. & Bowman Creek. ICON
Materials, Received ;January 3,2008
Minina Permit Extension Reauirements Table, ICON Materials, May 7, 2008,
Submitted August 15, 2008.
Bowman Creek Monitorina Proaram— Bowman Creek Turbiditv Loas, ICON ..
Materials Received Auaust 15:2008. ,
Aubum Pit Map Cross Section Datum. Sheets 1 throuqh 9, ICON Materials, May 3,
2008 and June 7, 2009.
Aubum Pit SRe Map 2008-Asohalt Concrete and Grusher Plant Locations.
Reclaimed Area. Bowman C[eek Area, Sheet 4 of 1, ICON Materials, June 7,2008.
Bowman Creek Wetland Buffer Plan, Sheet 1 of 1, ICON Materials, June 11, 2008.
Page 7 of 19
Staff Report NIIINO'7-0001
Mining Permit Extension Requirements (table), ICON Materials, Received August
15, 2008.
Letter in resaonse to Citv's Letter of December 23. 2009 ftom Jeff Thomas, ICON
Materials, dated ;lanuary 25, 2010. -
Exhibit A—Photo looking North on Kersey Way from CB located at Main Gate
Exhiliit B— Photo looking south on Kersey 1Nay form CB located at N.eng of
merge lane
Gopy of MitigaUon Plan (groundwater)
Copy of Monitoring program (groundwater) to meet city code requirements of
ACC 16..10. (Critical Areas)
14.Aubucn City code 18.62.080.A. proyides: °At the initial approval ofan operations
permit a master permit will be given for the lifetime of the mineral resource at the
mining site.° As the project is a continuation of the previously-authorized mining
permit,the application is not subject to Notice of Application procedures of ACC
14.07.
15.The property is owned in part by Segale Properties, LLC, a Washington limited
liability company, flca La Piar�ta CLC, a Washington limited liability company,
successor by merger to La Pianta Limited Partnership, a Washington Limited
Partnership), in part by Lisa M. Atkins, as her separate property and estate (Parcels
3221 Q59008, 3221059024, 3221059026 and 3221059031), and in part by Nita and
Brian Johnson (Parcel 2921059020). The parcels formerly owned by the State of
1Nashington Department of Natural Resouroes (3221059001, 3221059002,
3221059003 and 3221059004) are currentlyowned by Segale Properties, LLC. The
Permittee'represents that it has the authority of all property owners within the
property to operate its sand and gravel mining opera4ions together with related
facilities and understands and agrees that it has the obligation to obtain all
necessary permits and approvals and to comply with rules and regulations peitaining
to its operations, including mitigation of impacts of such operations as required by
law.
16.The business name, ICON Materials has been in use since June, 2000. Prior#o fhat
date, the Permittee was known as Oldcastle Northwest, Inc., d/b/a M. A. Segale,
Inc., a Delavirare corporation. The corporation was formed in April 1998 as a
subsidiary of aWashington corporation (M.A. Segale, Inc:) from whom.it acquired"
construction company operating assets. In June of 2000, the corporate hame'was
changed to ICON Materials, Inc. and then effective January 1, 20U2, ICON
Materials, Inc., a Del_aware corporation, merged into CPM Development Corpora6on,
a Washington gorporation. ICON Materials is a registered trade name of CPM
Development Corporation: ICON Materials assumed operations of the mining site
referred as the "Baydo Pit"from M. A. Segale, Inc. on May 1, 1998
Page 8 of 19
Staff Report MIN07-0001
17.The site ranges in elevation from a low of about 117 feet near it northwest comer to
a high of about 485 feet near it southeasterly boundary. Currently approximately
387 acres of the site is utilized for sand and gravel mining and associated activities.
18.Site activities include excavation and processing of sand and gravel and related
shop, maintenance and office fundions. Processing activities include crushing and
washing of excaVated materials, and production of asphalt and concrete with
associated wash plant and water recycling and stormwater treatrnent systems. Pit
run (unprocessed materials), crushed rock, washed sand and gravel products,
concrete, asphalt and related and incidental products are sold from the site for use .
'by public and private consumers.
19.While the overall mining operaUon is quite large and is proposed to continue to
operate for a number of years, it is located in an area of the City that is not densely
populated. The mine shares only one property line with unaffiliated 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 city's mining permit standards. Except for mining that has.
previously occurred, there will be no mining on the south side of the transmission
line. The remainder of thesubject mining site either abuts vacaM property or public
right of way.
20.The area that was previouslymined south of the electrical transmission line is the
portion of the site that has already been reclaimed pursuant to Washington 8tate
approved reclamation plan. ?he reclamation area isshown on Aubum Pit Site Maa
— Plant location. Reclaimed Area. & Bowman Creek, ICON Materials, Received
January 3, 2008.
21.There is only one egress/ingress point to the main 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 SE, a few hundred feet to a private haul
road that is controlled by the Permittee. The private haul road continues west and
eventually intersects with "A"Street SE. From there 1he trucktraific continues west
to the freeway system or goes north o�south on "A"Street SE which is a Gity
designated haul route.
22.The Permittee also maintains various sand and gravel processing facilities on-site,
e.g., a large asphalt plant and a concrete batch plant on the northwest portion of the
mining site.
Page 9 of 19
Staff Report NIIN07-0001
23.Aubum City Code Section ACC 18.62.070 provides that the following Findings of`.
Fact must be met for approval of continued mining operations.
"ACC 18.62.070 Fin_dings of Fact
Applications:for a surface mining operations permit shall only be approved if
sufficient fnding"s of fact are drawn to support the following:
A. The proposal`as submitted meets or exceeds the submittal requirements
in ACC 18.62.030.
B. The proposal as submitted meets or exceeds the standards of ACC
18.62.040.
C. The proposal has addressed all operational items listed in ACC 18.62.010
and any iden4ified impacts have been appropriately mitigated.
D. The proposal is consistent with the goals and policies of the
comprehensive plan. (Ord. 5060 § 1, 1998.)°
The relationship of the request to these cited decision criteria is discussed below.
24. As required by ACC 18.62.080.C. and the "Findings of FacY', the Planning Directoe
concludes that the initial subm'ittal;together with the additional information provided
as described herein demonstrates the submittal meets or exceeds the requirements
of ACC 18.62.030. The application and submittal informafion has been the subject
of a series of reviews by various city departments including Planning (land use,
building and development review), Public Works (transportation, utilities,
groundwater), and Fire Department (now the Valley Regional Fire Authori4y).. The
reviews idenfified additional information that was needed or minor clarifications thaY
have been subsequently satisfactorily provided by ICON Materials. ACC 18.62.080
provides thaY"The master permit shall remain in effect if if is found the operations
are in compliance with the condifions of fhe master permit, the standards contained
within this chapter, and there have been no significant adver§e impacts thaf have
occurred that were not previously identified and effectively mitigated. " .
25.As required by ACC 18.62.080.C.and the "Findings of FacY', the Planning Director
concludes thatthe initial submittal, togethe�with the additionaf information provided
as described herein demonstrates that operations are in compliance withthe _
conditions of the Master Permit.
26.As required by ACC 18.62.080.C. and the "Findings of FacY', the Planning Director
finds that the operations are in compliance with the operational and activity
standards of ACC 18.62.040, Surface Mining Standards. Compliance with the
individual requirements of this code section is documented in the Mininq Permit
Extension Reauirements Table, ICON Materials, May 7, 2008, submitted August 15,
2008..
Page 10 of 19
Staff Report MII�i07-0001
27.As required by ACC 18.62.080 C. and the "Findings of Fact", the Planning Director
finds that there are no new significant adverse impacts that have occurred that were
notpreviously identified and effectively mitigated: The docurr►ents submitted in
support of the continuation of the Master Mining Permit address aIF operational items
1isted in ACC 18.62.010 and any identified impacts have,been appropriately
mitigated, as required by the Findings of Fact.
28. During City stafPs review of the application, a few subject areas of potential impacts
were ident�ed. These virere discussed and reviewed with the Permittee and options
to reduce or avoid such potential impacts were identfied. The particular subject of
potential impacts and the methods ident�ed to reduce or avoid them are described
as follows:
Stormwater
Due to increasing attention to stormwater quality and quantity since the time of the
issuance of the original surface mining permit, the City in its reviewof the application
ident�ed surface water runoff quality.and quaMity concerns from existing imperVious
surfaces of the private main access road serving the surface mine and the
northbound merge lane located adjacent to Kersey Way SE. The City requested
that there be additional water runoff quality and quantity controls to avoid off-site,
downstream impacts. The additional information,.ietter from ICON Materials dated
January 25, 2010, including Exhibit A- Photo looking north on Kersey Way from CB
located at main gate, and Exhibit B- Photo looking south on Kersey Way from CB
located at N. end of inerge lane, Copy of Mitigation Plan and Copy of Monitoring
Program [sic] concerning maintenance practices satisfactorily address the surface
water runoff quality and quantity concems.
Groundwater Qualitv
The City adopted critical area regulations by Ordinance No. 5894 in 2005
subsequent to the time of the issuance of the original surtace mining permit. One of
these designated critical areas is "Ground Water Frotection Areas". The mining site
lies within portions of each of the four categories"of Gcound Water Protection Areas
(Zones 1, 2, 3, and 4). Aubum City Code Section 16:10.030(A)(1) defines mining
activities as a "Regulated Activity" within Critical Areas. Auburn City Code.Section
16.10.120.(E) requires a mitigation plan for regulated activi4ies within Ground Water
Protection zones 1, 2, & 3 and:implementation of b.est management practices within
Zone 4 for water resource protection. The regulations prescribe that development of
a mitigation plan for potentiat groundwater contamination meeting applicable City
Code requirements. Additionally, all actions requiring a mitigation plan also require
a monitoring program to evaluate the effectiveness of the mitigation plan per ACC
16.10.130A. According to ACC 16.10.020, Definitions, monitoring without additional
actions (contingency measures) is not considered mitigation for the purposes of the
city's critical area regulations, itshall be part of a comprehensive mitigation program.
Page 11 of 19
s�trxe�rt nmva�-000i
Also the standards of the mining regulations at ACC Section 18.62.U80:6 require the ,
operator to provide evidence that the mining operation is in compliance with city
standards. The additionaC information: Le4terfrom ICON Materials dated January
25, 2010 and Exhibits A & Band copy of Mitigation Plan (groundwater) and
Monitoring Program [sic] (groundwater) were subsequently reviewed for
conformance and determined to meet city code requirements of ACC 16.10.
Vehicle Traffic and MitiQation
The original SEPA decisions (Mitigated Determination of Non-Sign�cance File No.
SEPOOZO-90; issued August 24, 1993 and Determination of NonSign�cance File
No:SEP0009-96 issued July 28, 1997)for the mining of the site iricluded conditions
related to mitigating impacts associated with the vehicle trips and vehicle loading on
public streets resulting from the mining opera4ion. The conditions are repeated
below:
SEP0070-90 - The auroose of this condition was to arovide baselinetrip and..
loadinq data thatcould be used in the futu�e for evaluatinq imaacts.
"10. Prior to the effective date of the mining permit, the applicant shall conducf
and submit to the city a pavement analysis to determine the structural adequacy
and remaining design life of the affected roadways. The sfudy shall`be
conducted by a licensed engineeo acceptable to both the Applicant and the City.
The pavement analysis shall be conducted at location specified 6y the City
Enginee�bn "R"Street SE, Oravetz Road, Ellingson Road, and Kersey Way."
"11. The Applicant shall provide the following vehicle classification data fora
consecutive two week period to be determined by the City Engineer. The data
must include vehicle license number, trailer license number(s), axle weight for
each axle, and distance between axles. The data shall be gathe�ed in a manner
consistent with RCW Chapter 46."
SEP0009-96 - The auroose of this condition was to build uaon the orevious.SEPA
conclitian bv continuinq the collection of vehicle trip and loadina data and to establish
a mitiqation measure c]irected at addressinq accelerated deterioration of public.
roadwaVs due:to heaw vehicle traffic.
"8. Prior to the effective date of the mining permit, the Permittee shall execute a
traffic mitigation agreement with the city. The agreement shall address:
conducting future monitoring of impacts on pavement structures on potential haul
routes with the city of Aubum; and, committing to cost sharing in the future of
repairs of those designated haul routes according to the pro-rata share
established by the monitoring program."
Page 12 of 19
Staff Report MIIK07-0001
As a result of these conditions, the Permittee and City entered into a Traffic
Mkigation Agreement dated February 10, 1998 under King County recording
numbers (19}9804071175 and (19)9804071176. In short, the Traffic Mitigation
Agreement sets forth a process and methodology to collect_traffic count data on
affected.haul routes within the Gity, determine tlie Permittee's financial responsibility
for the proportionate share of trips on the haul routes, and for the Cit�r to collect the
proportionate'share 6ased on City identfied construction (road improvement)
projects. Pursuant to an "P�qreement to Substitute Party in Agreement" among M. A.
Segale, Inc., a Washington.corporation, ICON Materials' predecessor in interest and
the City of Aubum, dated June 3, 1998, ICON Materials is responsible to comply
with the Traffic Mitigation Agreement.
Since the time of the execution of the Traffic Mitigation Agreement, haul routes have
changed and the identified construction (road improVement) projects have changed
necessitating the need for a revision:of the Traffic,Mitigation Agreement. The
Planning Director finds that ICON Materials has complied with the provisions of the
Traffic Mitigation Agreement with respect to traffic related impacts of the operations
to date. To provide appropriate mitigation for future traffic related impac4s of the
operations, the execution of an Amendment to Traffic Mitigation Agreement will be
made a condition of this Master Mining Permit continuation in order to ensure
appropriate mitigation of future identified impacts consistent with the Findings of
Fact.
29.As required by ACG 18.62.OSO.C.and the "Findings of Fact" and the amended Traffic
Mitigation Agreement, the Planning Director finds.that the application and
documents submitted in support of the continuation of the Master Mining Permit are
consistent with the goals, objectives and policies of the Comprehensive Plan,
including the Special Planning Area as required by ACC 18.62. A listing of the
relevant goals, objectives and policies of the Comprehensive Plan are attached as
Exhibit B.
30.The pse files and environmental files of this project are hereby incorporated by
reference and made a part of the record of this decision.
Planning Director's Decision:
A surFace mining peRnit (File No. MIN07-0001) is hereby approved to allow the
continued mining and mining operations as defined in RCW 78.44.031 of an
approximately 664-acre site locatecl east of KerseyVllY SE and south of fhe Whi4e River
and Stuck River Road SE and legally described in the attached Exhibit A.
Page 13 of 19
Staff Report MIN07-0001
Conditions of Approval:
General
1. This permit incorporates the conditions of approyal of the previous mining perinit
MIN0001-96 authorized by Ordinance No. 5018 (adopted October 6; 1997) and the
mi4igating conditions of the Mitigated Determina4ion of Non-Signficance, Files
SEPd070-90 and SEP0009-96, which are incorporated by reference.
2. The mining and mining related operations shall be conducted in accordance with the
City standards applicable to mining sites under ACC 18.62.040, Surface Mining
Standards and ACC 18.62.050, Asphalt'and Concrete Batch Plants.
3. The mining and mining related operations shall be conducted in accordance with the
plans and specifications submitted in support of this mining permit application and
referenced within Finding of Fact Number 13, above. ,
Transoortation
4. Prior to the effective date of the mining permit continuation, the Pemiittee and City
shall execute an Amendment to the Traffic Mitigation Agreement; dated_February 10,
1998 under King County recording numbers (19)9804071175 and (19)9804071176.
The AmendmenYshall be approved by counsel for ICON Mater'ials and shall identify
each haul route that was monitored to determine the fair and equitable mitigatio,n cost
shares irtaccordance with the February 10, 1998 Tra�c Mitigation Agreement under
King County recording number (19)9804071175; the agreed mitigation fee schedule
applicable to future preservation work of the roadway pavement of eacfi mitigatibn route
that is subject to this agreement; and the future processwhereby the Citywilf nofify the
Permittee that pavement preservation work is being planned on a mitigation route.that
will require reimbursement of the agreed cost shares by the Permittee. The
Amendmenfof the Traffic Mfigation Agreement recorded under King County recording
numbers (19)9804071175 shall be recorded once executed by both parties.
The City has invoiced and received payment for pro-rata share of pavement
preservation work that the City has performed on 6th Street SW (Invoice No. 10-022289
in the amount of$12,492.24)and performed on A Street SE (Invoice No. 10-022290 in
the amount of$36,348.79)
Page 14 of 19
Staff Report NIII�i07-0001.
Exhibit A
Legal Description of the Property
THAT PORTION OF SECTION 29, 32, AND 33, AND THAT PORTION OF THE SW'h OF
SECTION 28, T 21 N, R 5 E, W.M. LYING SOUTHERLY OF STUCK RIVER DRIVE,
NORTHERLY AND EASTERLY OF T'FlE NORTHERLY AND EASTERLY MARGIN OF
KERSEY WAY AND OF H.B,CARTER ROAD (NOW53RD STREET SE), EXCEPT THE .
NORTHEAST '/s OF THE SOUTHEA8T%s OF SECTION 32 LYING.NORTH OF H.B. CARTER
ROAD (NOW 53RD STREEET SE), AND EXCEPT THAT PORTION OF THE EAST 300 FEET
OF TIiE NORTHWEST%.OF THE SOUTHEAST%.OE SECTION 32 LYING SOUTH OF A
LINE DRAWN WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION,
FROMA 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
(NOW KERSEY WA1�,.AND EXCEPT THAT PORTION OFTHE 1NEST 200 FEET OFTHE
EAST 500 FEET OF THE NORTHWEST'/.OF THE SQUTHEAST '/.OF SAID SECTION 32
LYING SOUTHERLY OF ALINE pFtAWN WESTERLY PARALLEL WITH THE'NORTH LINE
OF SAID SUBDIVISION FROM A POINT ON THE EAST LINE:OF SAID WEST 200 FEET
DISTANT NORTHERLY 500 FEET FROM THE INTERSECTIQN OFSAID EAST LINE WITH
THE NORTH MARGIN OF H:B. CARTER ROAD(NOW KERSEY WA1�,AND EXCEPT THAT
PORTION SECTION 33 LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE
COVINGTON-CHEHALIS TRANSMISSION LINE AND EXCEPT THE SE '/a OF THE SW%+OF
SECTION 28, T 21 N, R 5 E, W,M., ALL IN KING COUNTY,WASHINGTON.
Page 15 of 19.
Staff Report MIl�i07-0001
Exhibit B
Relevant Comprehensive Plan Goals, Objectives and Policies
Chapter 9, (Environment) contains the following Goals, Objective and Policies
specifically related to the operation of extractive mining sites:
"GOAL 78. ENVIRONMENT AND NATURAL RESOURCES
To maintain and promote a safe and healthy environment and preserve the
quality of life, and to protect the area's most unique, sensitive and productive
natural resources. To encourage natural resource industries within the city to
operate in a manner which enhances, (rather than detracts from), the orderly
development of the City.
Objective 18.8. , ?o establish management policies which effectiVely control
the operation and location of mineral extraction in the City, in order to reduce the
inherent adverse impacts.that such activities produce in an urban environment:
Policies:
EN-45The cost effective availability of sand and gravel materials is needed to
support the development of freeways, roads, public works, and priyate
con§truction. Mineral extraction may therefore be permitted ff in accord witH
these policies.
EN-46 Existing mineral extraction operations (as spec�cally authorized by a City
permit to mine) sh"all tie allowed to continue operation forthe duration of, and in
accord with, their existing permits.
EN-47 Mineral extraction operations shall not be considered a permitted use in
any zoning dist�ict. They are to be reviewed as special uses and shall 6e
conducted only in accord with the measures needed to mi4igate `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.
fN-48A fnal grading, drainage and erosion control plan shall be submitted with
eve,ry appliqtion. Conditions of operation shall be spelled out in detail with
p_erformance bonds required to ensure compliance. Failure to comply with tFie
provisions w'ill be adequate grounds for suspension and subsequenY termination
ofthe permit.
EN-49The 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
Page 16 of 19
Staff Report MIN07-0001
compliance with these policies and any permit issued in accord with the same
shall also be on the operator.
EN-50:The .City shall consider impacts of mining on groundwater and surFace
water quality as well as possible changes in hydrology as a resuft of the mining
during the environmental review process and require appropriate mitigating
measures to prevent water quality degradation.
EN-51 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
9.4). 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 notfication on all plats, sho�t plats, development permits and
building permits issued for development within 500 feet of these lands on which a
pariety of commercial activities may occur that are not compatible with residential
development for certain periods of limited duration.
EN-52Additional 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 identfied 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-58Additional mineral extraction operations or expansions of existing
operations will only be allowed outside of mineral resource areas where it is
adyisable to modify slope to create usable land (or to provide another public
benefit :associated with the site) and where the community will suffer no
substan4ial short or long term adverse effect. Impacts of.the operations must be
sfudied thoroughly under the provisions of SEPA, and the City shall require
implementation of all reasonable mitigating measures ident�ed in those studies.
Pennits for the operation and renewal of permits for existing operations shall be
denied whenever any impact cannot be acceptably mitigated.
EN-54 New mineral extraction operations and expansion of existing mineral
extraction operations will not be permitted in areas designated for "open space"
uses.
EN-55 The creation of usable land consistent with this comprehensiye plan
should be the end resuk 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.
Page 17 of 19
Statf Report MIN07-0001
EN-56Aesthetic qualities, erosion control, the effect on community and the
creation of usable IarSd 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.
Additionally, the Comprehensive Plan provides guidance on the "Mineral Resource
Land" designation that is made pursuarrt to State's Growth Management Act (GMA)
RC1N 36.70A]70 and the area's development and compatibility with other land
uses. Specfically Chapter 3, Land Use, provides the following Goals, Objectives
and Policies:
"GOAL 6. URBAN FORM
To establish an orderly urban form which separates uses on the basis of their
functional �elationship to the community, and which reinforces the identity of the
commun'i4y.
Objective 6.3. To protect community identity while. promoting diversity and
conserving rural amenities, by designafing rural areas along the city's periphery
and in areas with signifiqnt environmental values.
Policies:
LU-11 The City shall consider the impacts of new: deyelopment actiyities on
� resources (including agricultural resource lands, cultural resources, forest
resource lands, and mineral resource areas (Map 9.4)), the environment and
. _ . _ _. _.
natural resources (particularly critical areas, wildlife habitats�and water quality)as
part of its environmental review process." -
GOAL 7. RESIDENTIAL DEVELOPMENT
To emphasize housing development at single family densities, in order to
reestablish a mix of housing types appropriate for a family oriented community,
while recognizing the need and desire for both lower density and higher density
, housing appropriately located to meet the housing needs of all members of the
corrimunity.
Objective 7.3. To promote the development of qualiry single fam'ily
neigfiborh_o.ods which relate the design and types of residential areas to
important natural and manmade features.
Page 18 of 19
Stafl'Report 114IN07-0001
Policies:
LU-23 The development of new neighborhoods should be governed by
development standards which allow some flexibility. Flexibility should be
considered to encourage compact urban deyeloprrient, to provide protection of
critical areas and resource lands (inclucJing, buf not limited to, agricultural
resource lands, cultural`resources, forest resource lands, mineral resource areas
(Map 9.4) hillsides or wetlands), and to facilitate non-motorized transportation.
Increased density is achievable through flexible development standards, if certain
criteria are met, as established in c'ity code.
GOAL 8. NEIGHBORHOOD QUALITY
To maintain and protect all viable and stable:residential neighborhoods.
Objective 8.1 To maintain' and enhance all viable and stable residential
neighborhoods.
Policies
LU-43 The City shall seek to abate existing incompatible uses in residential
neighborhoods. Mineral extraction opera4ions,within mineral resource areas
(Map 9.4) operating in.compliance with the conditions of their permit are not
incompatible uses.
Page 19 of 19
Return Address:
City Cleck
City of.Auburn,
25 WestMain
Auburn,Washington 98001
AMENDMENT TO TRAFFIC MTTIGA'TION AGREEMENT
Grsntor: ICON Materials, dba of CPM Development Corporation,a Washington
corporation
Grantee: The City of Auburq a Washington municipal corporation
Legai Description(abbreviated):Portions of Sections 28,29, 32 and 33,Township 21 North,
Range 5 East,W.M.
Assessor's Tas Parcel ID#: Parcels affected by ffie Agreement aze: 282105-9010; 282105-
9026;282105-9028; 292105-9019; 292105-9020; 292105-9021; 292105-9022; 292105-9025�
2.92105-9044; 292105-9046� 292105-9053; 322105-9001; 322105-9002; 322105-9003;
322105-9004; 322105-9005; 322105-9006; 322105-9008; 322105-9024; 322105-9026;
322105-9031; and332105-9050.
TffiS AMENDMENT to Traffia Mitigation Agreement (the "AmendmenY') becomes
effective upon execution by both parties and is made and entered into by and between ICON
Maferials, dba of CPM Development Corporation, a Washington corporation authorized to do
busine"ss in the State of Washington, (the "Permittee"), whbse address is 1508 Valentine Ave SE,
Pacific, WA 98047, and the CITY OF AUBURN, a municipal corporarion of the State of
Washington, (the "City") whose address is 25 West Main Street, Aubum, Was]rington 98001-
4998.This Amendment to the Traffic Mitigation Agreement between the City and M. A. Segale,
Inc., the Permittee's predecessor in interest, dated the l Oth day of February, 1998, and recorded
under King Coimty Recording Nos. 9804071175 and 9804071176 is required to iecognize the
Peimittee is the successor in interestto M. A. Segale, Inc.and shall be bound by the terms of the
Traf�c Mitigation Agreement between the City and M.A. Segale, Inc., dated the lOth day of
February, 1998, and rewrded under King County Recording Nos. 9804071175 and 9804071176,
as modified by this Amendment
pmendment to Traffic Mitigatioa Agreement
Page 1
NOW, THEREFORE,in consideration of the mutual benefiu to be derived therefirom,
the parties agee as follows:
RECITALS
Para�aph E of the Recitals is amended to Replace ExLibit D with a revised exhibit as
follows: Exlribit D to the Traf�c Mitigation Agreemeat is replaced with the Redised Exlubit
D, SEPA Condition imposed, SEP0009-96 (NIIN0001-96), attached hereto and incorporated
herein by refereace.
I. Replacement of Exlubit E: Exhibit E to the Traffic Mitigation Agreement is
replaced with the Revised Exlribit E, Map of Approved Haul Routes, attached hereto and
incorporated herein by reference.
II. Revision to Section II. Section II.A. of the Traffic Mitigation
Agreement is amended by adding Para(4) as follows:
(4), The parties have performed traffic wuat monitoring as required above, and have
ageed to a mitigation fee schedule that will be effective for the duration of the mining permit or
uatil a new fee schedule is renegotiated for participation in pavemeat preservation&repair work
of each approved haul route described on the attached Revised Designated Haul Routes Map
(Revised Exhibit E). The approVed mitigarion fee schedule is attached as Exhibit G..
III. Revision to Secrion III: That Secrion III of the Traffic Mitigation Agreement is
amended to replace subsections E through G with the following:
E. Upon request by the Permittee at any time during the life of a permit issued
ptu"suant to SEP0009-96 (MIN0001-96) or as mag be continued, including the Master Mining
Permit issued pissuant to City of Auburn Ordinance 5018, the City agrees to repeat the full
annual quarterly monitoring if the Permittee believes that due to the growth of background
�c on affected routes as identified on the Revised Exhibit "E", the initial annual
monitoring is no longer representative; of a fair share impact over the remaining life of the
permit. Both parties will participate in any mutually ag;eed re-counts in the same manner as
described in the inirial annual monitoring for purposes of negotiating a revised fee schedule.
pmendmens to Traffic Mitigation Agreement
Page 2
F. With the exception of the submittal of the final billing for work performed on 6tli
Street SE and A Street SE which billing was submitted to ICON Materials on January 28, 2010,
the following billing and reimbursement pmcess will be used by the pazties:
1. Sixty calendar days (60) prior to proceeding to construccion contract
advertisement for future pavement preservation work on any of the routes described in Exhibit E;
the City Engineer will provide the Permittee with the eagineer's pre-bid estimate reflecting each
participant's fair share.
2. The Permittee will deposit with the City of Auburn Finance Department the value
of the eskimated participatioa amount.
3. Upon receipt of full concurrence and cash deposits from all affected parties, the
Ci4y Engiueer will proceed in accordance with normal City procedures to advertise and award
the contract for construction. Interest will not accrue on the deposit amount.
4. Upon project completion and close-out the Auburn Finance Director will provide
a fiiial accounting to all participants along with either a Snal bill for participanYs share or a
refund of any exoess deposit
5. Following notification of completion of construction by the City and receipt of a
final credit with reimbursement, or billing notice, Permittee will make any final payments due
within 30 calendar days.
IV through VIII. All other provisions stay the same.
CITY OF AUBURN ICON MATERIALS,dba_of
CPM Development Corporation,a Washington
corporation
� - �.
Peter B. Lewis, Mayor I _/ � ave Gent, V i c e President
7�'
Attest:
� J
By: ��"`�'��. . -
Danielle E.Daskam,City Clerk
Amendment to Traffic Mitigaaon Ageement
Page 3
STATE OF WASHINGTOI�
)ss.
County of King )
I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E.
Daskam wece the persons who appeared before me, and said persons acknowledged that they
si�eid this.instrumeat, on oath stated that they were authorized to execute the instrument and
aclmowledged it as the MAYOR and CITY CLERK of:the CITY OF AUBURN to be the
free and voluntary act . of such parties for the uses and purposes mentioned in tivs
instrument.
Dated--------------------
Notary Public in sud for the State of
Waslrington residing at
My agpointment ezpires
STATE OF WASHINGTOI�
)ss.
COUNTYOF %n )
I certify that I kaow or have satisfactory evidence that Dave Gent is the person who
appeared before me, and.said person acknowledged that he sigRed ttris instrument, on oath
stated that he was authorized to execute the instrument and ackaowledged it as the Vice
President of CPM Development Corporation, a Washington corporarion to be the free and
voluntary act of such person for the uses and pwlwses mentioned in this instnmmeat. .
�``���pTH "1j�����e
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� 3�� _ •" �,� � � Notary Public in and for the State of� � � «�
i n p���,Z, _ Waslungton resicling at !i y za 7� Cte�:F /u�u u-?f'
�� ���� 8+. Py3 MY aPPointment expires [� a�- �.�.
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Amcndaunt to Traffic Mitigation Agreement
Page 4
Revised
EXHIBIT
D
FINAL MITIGATED DETER114INATION OF NON-
SIGNIFICANCE SEP0090.96 (MINO001-96)
EXTRAGT OF CONDITION
#8.
Condition#8. Prior to the effective date of the miningpemut, the permittee shall execute
a traffic mitigarion agreement with the City. The ageement shall address: conducting firture
monitoring of impacts on pavement structures on potential haul routes within the City of Auburn;
and committing to cost sharing ia the fyture for repairs on those desi8nated haul routes according
to the gro-rata shaze established by the monitoring program.
:Amendmeat to TxafSc Mitigation.4greement
Pagb 5
Approved Truck Routes
H[W SEO EM}II01T�PTRPfF IC bYTI W1ilOIJ HfREEMFNT
APPIJUITION AftEA;Mt FlND rt:
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v
�i i REVISEDE%HIBIT"E°
I —� PotentlalAnne�mtbnAreas °^��emoi�rv�,n,..,e,.`.a,
r,.
AnsneLncnt tn Trallic Miligwion Aerecmem
Pa6c G
EI�TT G
Mitlgallon Fee Schedule
Routes: Refer to Approved Tnick Routes M�p at Revised Exhibit "E"
ICON Materials
Proportionate Share of
Payment Pieservation
Costs
1. C St. SW: Ellingson Road to SR 18 ramps 20%
2. A St. SE: North of Ellingson Road (41st St. SE) and south of 6t6 St. SW 20%
3: A St. SE; South of Ellingson Road (41st St. SE) and north of Lakeland Hills Way 10%
4. 6th St. SE: Between A.St SE and Auburn Way South 3%
5. 41st St. SE: Between end of private truck mute and D St. SE 10%
6. 41st St SE: Between D St. SE and'C Street SW 20%
7. Kersey Way: North of Oravetz Rd. and south of the private huck mute 80%
8. I{ersey Way: South of Oravetz Rd. and north of City Limits 5%