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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) 2. 3. 4. 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 2. 3. 4. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 o 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o o 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 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o o o o 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 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONCLUSIONS OF LAW o o o 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 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 -_v�� u� � ��i � -(�� ' a ����w/� y��'' ` � �, /� 4'� % :.1=a.o`� • � � % - - � W .� . � 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�- �.�. � yi �.... y''f��s�q W��`'�``. 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: Stlnitf III,•��_,�"��. .r..,�.._ _ +`-_ _ � �li 1II �d I N� CP J rl� � � �h`]i-1 1I �' II �r� , � � � � t,�{ _�_ � 1 r1 � I� r=� �� _ tl ` � � � 1 � P � - H? � I� ``,� � ' '.� d� _d ' �; ,� 4YW��• . -2i)�LW.lY,.�.B.T's�t k � j� � �I „� I 1� I �', CN I � WI� J el V ;" ii i':mi: � r. Fi L ; (� �6� � p �. I pb � r i.,r". � �I �i _i �4p,M.�C r.� � � , ; E� y� �r � � fil f � I �L i .giw � i P�� �' `� �N�!\ryy o4�+i _—�J yi� s ./ �.;.�:.,...,��,�s._e��. ,t+�'� � I �� ���it �II ] I��. � I ��pA f� x�V� .i: � ._..�`�� J 'I a � q '�N 1 S C ��er�_'_�..n j� �I �y�:�mm1Fi;��JtymnaY el1 R_. c� � �� • 'I � � � V �1�g'i � l� � - �--�r� � � µ�i'A , °"�.- y*_n5p �. u..�un.au �. '- ------� ,� E, -�' / lZ�� : - --' ..,_.��w_,.�..., �y , , a n� y, � �i��� Is�,F�s� ^ � - - � wn�xie¢oy,uxe '. y, / �� ' , 4". Y `4?�IL,:f. � �I /�� �'1 - G�'• I � — �_�Z I J ,1 � '1�� .�1 �OWfY���_• . �Il1ltil[ � ' O+ O���p ._, ji �, O �d u`�" ,��r_ � ,- - ., � d'�E' � r , I � �,Q'...� .""_ ' _ "" , I _1 II � � ���,� I� i -.Tnnn I.��Y�....,: .q . I � I �{ � I� _ __-, -' 1 �� ;' G � �'� { , 5 �,.r•,,�,, -.' 'iai� Liaa - a,; ---- --- ri;� �� i� s.' � i =�� � �.w � :� O � � 4 e. � ri � v.,f� \ /, " � r . . �. � � I I i� ; I '.l �� ��.����_�.��..�� i��u��..9 w .r�"w"°�� r.. �'s�`�+ IIC. �µ.�Yl��n^ I ,,a �--.___'_ 3,��_ -_.�1 � ti: Pppro�sdhuckROUres � waxrFeawrcs �_� _ -' lwbumUtyLimlts r.���,�� '�, , W�• 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%