Chapter 16.44
MINERAL RESOURCE LANDS
Sections:
16.44.040 Relationship to framework ordinance.
16.44.010 Short title.
The ordinance codified in this chapter, together with any amendments, shall be known as the “Mineral Resource Lands Ordinance.” (Ord. 1541 § 1 (part), 1992)
16.44.020 General authority.
This chapter is adopted under the authority of RCW 36.70A.050. (Ord. 1541 § 1 (part), 1992)
16.44.030 Purpose.
The purpose of this chapter is to regulate the use of land in and around mineral resource lands; to protect mineral extraction activities from new nearby incompatible uses; to protect existing mineral resource lands from encroachments; and to comply with the Washington State Growth Management Act. (Ord. 1541 § 1 (part), 1992)
16.44.040 Relationship to framework ordinance.
The provisions of this chapter shall apply in conjunction with SMC 16.40.030 through 16.40.200. (Ord. 1541 § 1 (part), 1992)
16.44.050 Applicability.
Mineral resource lands are lands primarily devoted to the extraction of minerals or that have known or potential long-term significance for the extraction of minerals. (Ord. 2071 § 10, 2003: Ord. 1541 § 1 (part), 1992)
16.44.060 Mapping.
Mineral resource lands subject to this title include the following:
A. Any area presently operating under a valid Washington State Department of Natural Resources (DNR) surface mining permit.
B. Any other area shall be classified a mineral resource land when:
1. A surface mining permit is granted by the DNR; and
2. The mining operation is approved by the city for compliance with zoning regulations and the State Environmental Policy Act, chapter 16.04 SMC. (Ord. 1541 § 1 (part), 1992)
16.44.070 Title notification.
The owner of any site within this designation or within 600 feet of a designated mineral resource land, for which an application for an activity is submitted, shall record a title notice with the Pierce County auditor. The notice shall be notarized and shall be recorded prior to approval of any development proposal for the site. Such notification shall be in the form as set forth below:
MINERAL RESOURCE LANDS NOTICE
Parcel Number:__________________
Address:_______________________
Legal Description:________________ ______________________________
Notice: This parcel lies within an area of land designated Mineral Resource Lands by the City of Sumner. A variety of commercial mineral extraction activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. The City of Sumner has established mineral resource extraction as a priority use on existing productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary mineral resource extraction operations.
Signature of owner(s)
(NOTARY ACKNOWLEDGEMENT)
(Ord. 1541 § 1 (part), 1992)
16.44.080 Plat notification.
The owner of any site within this designation, on which a short subdivision or subdivision is submitted, shall record a notice on the face of the plat. Such notification shall be in the form as set forth below.
Notice: This property lies within an area of land designated Mineral Resource Lands by the City of Sumner. A variety of commercial mineral extraction activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. The City of Sumner has established mineral resource extraction as a priority use on existing productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary mineral resource extraction operations.
(Ord. 1541 § 1 (part), 1992)
16.44.090 Regulations.
A. A surface mining permit approval shall be required for all surface mining operations except the following:
1. Excavation for the construction of public facilities and appurtenances for water, sewer, streets, or other underground utilities;
2. Any grading less than 1,000 cubic yards;
3. Any grading directly associated with a valid building permit for construction of a structure on the same lot;
4. Excavation of materials in order to maintain a drainage or floodway facility;
5. Grading or excavation associated with an active agricultural activity;
6. Surface mining operations in existence prior to the adoption of the ordinance codified in this chapter, except that actions by an existing surface mining operation which require other permits, shall trigger the provisions of this section.
B. Surface mining permit applications shall be submitted and reviewed as conditional uses pursuant to chapter 18.48 SMC, Conditional Uses, and the procedures and fees established in chapter 18.56 SMC, Procedures for Land Use Permits.
C. The following standards shall apply to the approval of a surface mining permit:
1. A site plan showing the vicinity, appropriate information about the property owner and operator, fencing plan, location of utilities and site access points, contours of the existing site conditions at five-foot intervals, cross-sections of the site as determined necessary by the director, and location of any structures or equipment on the site shall be provided.
2. A phasing and operation plan is provided showing the type of operation existing or proposed on-site, phasing of the expansion, length of operation, hours of operation, methods for stabilizing cut slopes, and measures to reduce erosion, water quality, transportation and other impacts resulting from the operation.
3. The operation and site layout shall be such that noise, traffic, erosion, water quality, habitat, and other impacts of the operation are adequately mitigated.
4. Fencing, landscaping and/or berms may be required in order to secure the site, provide buffers between the site and nearby residential uses or zones, and reduce noise and erosion impacts.
5. No blasting shall be allowed.
6. The applicant may be required to provide status reports on a regular basis in order to verify compliance to the city standards.
7. Operations which could generate dust shall be reviewed by the regional air quality agency.
8. No excavation shall occur within 30 feet of a property line on the perimeter of the site.
9. Measures shall be provided to keep adjacent streets clear of dust, dirt and rocks.
10. A rehabilitation plan shall be provided for all new facilities in order to document how the site will be restored or rehabilitated following abandonment. (Ord. 2071 § 11, 2003: Ord. 1695 § 26, 1995; Ord. 1541 § 1 (part), 1992)
16.44.100 Fees.
The fee for a surface mining permit shall be the same as for an administrative conditional use approval, as provided for in chapter 18.56 SMC. (Ord. 1541 § 1 (part), 1992)