Chapter 17.78
MINERAL RESOURCE LANDS SPECIAL DISTRICT
Sections:
Article I. General Provisions
17.78.010 Purpose.
17.78.020 Application.
17.78.030 Permitted uses.
17.78.040 Accessory uses.
17.78.050 Conditional uses.
17.78.060 Minimum lot size.
17.78.070 Road access.
17.78.080 Road use and traffic study.
Article II. Performance Standards
17.78.090 Noise.
17.78.100 Surface mining operations within critical aquifer recharge areas.
17.78.110 Reclamation requirements.
17.78.120 Public safety.
Article I. General Provisions
17.78.010 Purpose.
The primary purpose of this district is to allow the opportunity for the extraction of minerals in areas of Stanwood designated as containing resources viable for long-term commercial extraction. (Ord. 1056, 1998).
17.78.020 Application.
The mineral resource lands special district is an overlay zone of general industrial zoning. Any regulations contained herein which are more restrictive than those in the underlying zone districts or in the Shoreline Master Program shall apply. (Ord. 1110 § 3, 2002; Ord. 1056, 1998).
17.78.030 Permitted uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited or made conditional, or further conditioned by this chapter. Surface mining and accessory washing and sorting are subject to Washington State’s Surface Mining Act (Chapter 78.44 RCW). Gravel bar scalping projects are within the jurisdiction of the Shoreline Master Program. (Ord. 1110 § 3, 2002; Ord. 1056, 1998).
17.78.040 Accessory uses.
All accessory uses in the general industrial zoning district are permitted as accessory uses. (Ord. 1056, 1998).
17.78.050 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly prohibited by this chapter. Mineral processing facilities include rock crushing, asphalt and concrete batch plants. (Ord. 1056, 1998).
17.78.060 Minimum lot size.
All divisions of land in the mineral resource lands special district shall be approved in accordance with the local and state subdivision laws. No division, which creates any parcel of less area than 15 acres, less roads, shall be permitted. (Ord. 1056, 1998).
17.78.070 Road access.
For surface mining operations, access on any public right-of-way shall be paved in accordance with the city of Stanwood development standards, as appropriate. (Ord. 1056, 1998).
17.78.080 Road use and traffic study.
In order to assure maintenance and development of adequate city roadways, owners of surface mining operations shall be required to enter into a haul route agreement with the city upon adoption and implementation of a Haul Route Agreement Program. The applicant shall also be responsible for submitting a traffic study to the city. (Ord. 1056, 1998).
Article II. Performance Standards
17.78.090 Noise.
(1) No activity of development shall exceed the maximum environmental noise levels established by Chapter 173-60 WAC.
(2) Noise associated with surface mining may constitute a nuisance or a public health concern, therefore, when surface mining activity is within or adjacent to a residential zone, hours of operation for excavating, processing, and loading shall be prohibited on Sundays and legal holidays, and limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday; provided, that the surface mining operation may continue until 9:00 p.m. if the noise created is less than the ambient night time noise levels for that area; and further provided, that the following activities are exempt from these requirements:
(a) Excavation and loading during and connected to flooding emergencies; and
(b) Activity under public contract when in the public interest. (Ord. 1056, 1998).
17.78.100 Surface mining operations within critical aquifer recharge areas.
The purpose of this section is to protect critical aquifer recharge areas as required by RCW 36.70A.060(2). Any surface mining operation within a critical aquifer recharge area (as defined in Chapter 17.135 SMC) shall meet the following requirements:
(1) Surface mining operations must be reviewed and approved by city staff and conditions for approval may be added to protect adjacent aquifer recharge areas.
These conditions may include, but not be limited to, mining operations, reclamation, parking, storage, maintenance, and washing of mobile equipment within surface mining operations.
(2) All newly situated stationary and semi-mobile equipment shall be located at least 100 feet away from any exposed water table and (a) at least 20 feet above the seasonal high groundwater level, or (b) located upon unexcavated land; provided, that this shall not apply to dredging equipment.
(3) Fuel tanks and oil drums shall be double containment construction and protected by bermed areas having adequate capacity to accommodate, contain, and allow the removal of chemical spills. Fuel nozzles shall not contain locking devices. Fuel storage shall be aboveground. Fueling of mobile equipment shall be located at least 20 feet above the seasonal high groundwater level or within lined and bermed areas with adequate capacity to accommodate, contain, and allow the removal of chemical spills.
(4) All operations shall maintain a fuels/hazardous waste management plan maintained by the operator and available on the site at all times.
(5) Fencing, or some comparable deterrent, shall be installed to prevent unauthorized dumping of any materials within surface mining operations.
(6) Surface mines shall not use any off-site materials for backfill or reclamation without first acquiring either a grade and fill permit or a landfill permit from the city as deemed appropriate by the administrator. Any fill material must be non-noxious, nontoxic, nonflammable, and noncombustible.
(7) On-site truck and equipment wash runoff shall be routed to retention facilities equipped with an oil-water separator prior to its release to settling ponds. Noncontaminated process water used for gravel washing shall be routed to settling ponds to minimize off-site discharges. A general permit from the Department of Ecology for process and stormwater discharge may substitute for these requirements. (Ord. 1056, 1998).
17.78.110 Reclamation requirements.
The purpose of this section is to provide for the discontinuance of a surface mining activity and establish regulations for the reclamation of land. Reclamation activities are regulated by the Department of Natural Resources and are subject to all requirements of Chapter 78.44 RCW. Any surface mining operation, which is being discontinued, shall also meet the following reclamation requirements:
(1) Surface mining reclamation proposals must be reviewed and approved by city staff and conditions for approval may be added in the review and/or SEPA process.
(2) The size of fill for a reclamation project shall not exceed 18-inch minus and shall not contain any re-bar. Any fill used in reclamation must also meet all other city of Stanwood development guidelines for fill/grading, compaction and building/construction. (Ord. 1056, 1998).
17.78.120 Public safety.
Owners of surface mines shall ensure that their operation(s) will not be hazardous to neighboring uses. Fencing or other access barriers may be required by the city to ensure public safety. (Ord. 1056, 1998).