Chapter 17.20 - MINERAL EXTRACTION CODE

The purpose of this chapter is to increase the protection of ground and surface water from the effects of surface mining and other mineral extraction, to lessen conflicts between surface mines and other mineral extraction operations and nearby land uses, and to continue the availability of mined materials to the citizens and commerce of the area.

(Ord. 10368 § 3 (part), 1993)

17.20.020 - Application.

A. Sections 17.20.040 through 17.20.190 apply to:

1. All applications for special use permits for mineral extraction or accessory uses filed after the date of adoption of this chapter; and

2. All gravel mines in existence on the date of adoption of this chapter or for which special use permit applications have been filed before the date of adoption.

B. Sections 17.20.200 through 17.20.270 apply to applications for special use permits for mineral extraction and accessory uses filed after the date of adoption of this chapter.

C. References to "approval authority" in this chapter apply only to applications for special use permits for mineral extraction and accessory uses filed after the date of adoption of this chapter.

D. All mineral extraction operations in existence on the date of adoption of this chapter shall continue to be subject to the terms of all applicable law and permits.

(Ord. 10368 § 3 (part), 1993)

17.20.030 - Implementation.

A. The standards and requirements of this chapter governing applications for special use permits for mineral extraction and accessory uses are effective upon adoption of this chapter.

B. The standards and requirements of this chapter governing gravel mines in existence on the date of adoption of this chapter shall be implemented within the time set out in the specific standard or requirement. If no such time is set out, standards and requirements applicable to existing gravel mines shall be complied with within two years of the adoption of this chapter.

(Ord. 10368 § 3 (part), 1993)

17.20.040 - Spill prevention.

A. Each mineral extraction operation shall have in effect a hazardous materials and petroleum products spill prevention, detection and clean-up plan. For applications submitted after the effective date of this chapter, the plan shall be reviewed and approved as part of the special use permit process. For gravel mines in existence on the effective date of this chapter, the plan shall be submitted to the health officer for review and approval within one year of such effective date.

B. Spill plans shall include methods of prevention, detection, containment and clean-up of any and all hazardous materials or petroleum products possessed or stored on the mining site. Such spill plans shall be reviewed by the health officer and shall be adequate to protect public health and safety. For these purposes, the mining site shall not be limited to property under a Department of Natural Resources reclamation permit, but shall include all contiguous property under the same ownership.

C. A spill prevention plan which complies with Part 112 of Title 40 CFR or WAC 173-303-350 and which covers all petroleum products and hazardous materials possessed on the site is deemed to comply with the requirements of subsection B of this section.

(Ord. 10368 § 3 (part), 1993)

17.20.050 - Fuel and hazardous materials.

A. Above-ground stationary tanks containing flammable or combustible liquids are subject to Uniform Fire Code (UFC) Article 79. Above-ground stationary tanks containing hazardous materials are subject to UFC Article 80. Both existing and newly permitted mines are subject to the version of these standards in effect on the date of permit application. In addition, mines in existence on the effective date of the adoption or amendment of these regulations are subject to the provisions of UFC 1.103 (b).

B. Underground storage tanks are subject to UFC Article 79 and applicable state law. Both existing and newly permitted mines are subject to the version of these standards in effect on the date of permit application. In addition, mines in existence on the effective date of the adoption or amendment of these regulations are subject to the provisions of UFC 1.103 (b) and state law imposing compliance schedules on existing tanks.

C. Storage of fuel and hazardous materials is subject to applicable provisions of Thurston County Sanitary Code Article VI.

D. Permanent on-site refueling stations shall be located outside the excavated area.

E. Any fueling of stationary equipment on-site shall be accomplished with mobile tank vehicles as specified in Uniform Fire Code Section 79.1007.

F. Fueling of mobile equipment and vehicles shall be conducted in accordance with an approved spill prevention plan provided in Section 17.20.040.

G. Asphalt batch plants shall comply with fuel storage requirements specified above. Batch plants may incorporate petroleum-contaminated soils into asphalt products if specifically permitted by the Department of Ecology and the Environmental Health Division.

H. No solvents or solvent-based cleaners shall be used on or washed off equipment in ways that allow discharge to the environment, except for evaporation that is not in violation of other law. Vehicle and equipment maintenance shall be performed in accordance with an approved spill prevention plan provided in Section 17.20.040. For stationary equipment, the spill prevention plan shall include methods to prevent discharge of untreated wash water or leakage of petroleum products. Truck washing shall be conducted off-site when possible.

(Ord. 10368 § 3 (part), 1993)

17.20.060 - Drainage and stormwater control.

A. For applications submitted after the effective date of this chapter, drainage shall be controlled in accordance with Chapter 15.05, the Drainage Design and Erosion Control Manual, or other applicable law. If no other standards apply, all drainage from the site of extractive operations shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties or polluting any ground water.

B. For gravel mines in existence on the effective date of this chapter, upon discovery of the discharge of pollutants to ground or surface waters, the health officer may require compliance with Chapter 15.05 as necessary to remedy the discharge.

(Ord. 10368 § 3 (part), 1993)

17.20.070 - Wash and other process water.

All process water, including all gravel wash water, shall be used, stored and disposed of in a manner that does not negatively affect ground or surface water. This may be accomplished through the following best management practices or other appropriate measures:

A. Recycling and routing process water to settling ponds which have been lined with materials which will avoid interchange of process water with ground water;

B. Avoiding the use of additives in process water which would cause sediments to become "solid waste" or "problem wastes" under WAC 173-304-100, "high-risk waste" under Article 5 of the Thurston County sanitary code, or dangerous waste or extremely hazardous waste under RCW Chapter 70.105;

C. Avoiding the discharge of process water into any stormwater conveyance system unless the operator has a valid permit from the Department of Ecology to do so;

D. Avoiding the discharge of stormwater drainage into any process water.

(Ord. 10368 § 3 (part), 1993)

17.20.080 - Domestic water supplies.

If any gravel mining operation causes the water quality of any domestic water supply to fail to meet the drinking water quality standards of WAC 246-290, as amended, the mine owner shall remedy the effect of the operation on the water supply through monetary payment to the water system owner, the provision of treatment methods and devices that are approved by the State Department of Health, or other correction of the specific water quality problem. This mitigation shall be approved by the health officer and the State Department of Health.

Note: See Thurston County Sanitary Code Article III for regulations governing drinking water wells.

(Ord. 10368 § 3 (part), 1993)

17.20.090 - Roads.

A.   Definitions.
               1.   Internal mine roads are those roads which are internal to the site, and any connected external private roads or easements,
                  that serve the mine and accessory uses.
               
2.   Mine access roads are those roads, excluding private roads and easements which exclusively service the site, which are external
                  to the site which serve as access to county collector or arterial roads. Collector and arterial roads are identified in the
                  Thurston County Comprehensive Plan.
               
3.   Mine access is that point where the internal mine road(s) intersect with a mine access road or other public or private roadway.

B.   The following shall apply to new mining operations or expansions of existing mining operations upon which the active mining
               operation is situated:
               1.   All internal mine roads, as defined in subsection (A)(1) of this section, required for public health and safety purposes shall
                  meet the standards of Article 9 et seq. of the Uniform Fire Code.
               
2.   Mine accesses shall intersect existing streets and roads at locations and in a manner that will not endanger the safety of
                  highway users and local residents and shall be in accordance with the Thurston County Road Standards, current edition.
               
3.   All mine access roads shall meet the requirements of the Thurston County road standards to ensure that roadway capacity, safety,
                  and roadway structure are fully met.
               
4.   A traffic impact analysis of the roads used as primary haul routes for mining operations shall be completed showing the estimated
                  equivalent single axle loads (ESAL) for a minimum analysis period of twenty years. If the primary haul routes are unable to
                  carry the increased ESAL's as determined by the county, a road maintenance agreement may be required. These agreements may
                  include, but are not limited to, safety, restoration, rehabilitation, and resurfacing of the affected roadways and/or financial
                  participation in county road preservation projects. Road maintenance agreements may be executed by the director of roads and
                  transportation services.
               
5.   A plan shall be prepared and implemented which addresses material entering the county right-of-way as a direct result from
                  mining operations or accessory uses. The plan shall include methods to control material leaving the site and response should
                  any material enter the right-of-way. Material may include, but is not limited to, rock, sand, mud, soil, water, asphalt, portland
                  cement concrete, and/or oil. The plan is subject to approval by the county engineer, and may be included in a road maintenance
                  agreement.
               
6.   Proposed location of mine access and internal mine roads, and primary haul routes shall be provided with any required application.
7.   Additional off-site impacts of mining operations on county roads shall be addressed through the SEPA process as specified
                  in TCC Chapter 17.09.
               

C. The following shall apply to existing mining operations:

1. All internal mine roads required for public health and safety purposes shall meet the standards of Article 9 et seq. of the Uniform Fire Code.

2. Every mine access shall intersect existing roads in a manner that will not endanger the safety of roadway users and local residents.

(Ord. 13040 Attach. C § 2, 2003: Ord. 10368 § 3 (part), 1993)

17.20.100 - Dust and smoke control.

The operator shall obtain all required preconstruction approval permits from the Olympic Air Pollution Control Authority, and shall comply with all of the requirements of the Olympic Air Pollution Control Authority. In addition, the approval authority may require methods of dust control, such as water trucks or sprinklers, that will mitigate the mitigation of dust from the site.

(Ord. 10368 § 3 (part), 1993)

17.20.110 - Noise.

A. Noise levels shall comply with WAC 173-60. The operator shall ensure that noise levels are monitored by a technician with the qualifications contained in WAC 173-58, or acceptable qualifications as determined by the health officer, using instruments that meet the qualifications of WAC 173-58, at the property boundaries, at least quarterly after the initiation of the mining activity, during normal operating conditions and periods, and until or unless the health department determines that such monitoring is not necessary. Noise monitoring reports shall be provided to the health department and the planning department. Mineral extraction activity within the residential zoning districts of the county shall be considered a Class "A" EDNA pursuant to WAC 173-60-030 (2), the state noise standards. If the noise levels exceed the levels permitted by WAC 173-60, the health department or the planning department may take any enforcement measures necessary to ensure compliance with WAC 173-60.

B. The approval authority may require additional measures to control noise, such as placing rubber or urethane screens and liners or crushing and screening equipment, equipping loaders and dozers with ambient-sensitive back-up alarms, or muffling engine noise, if site conditions or the site's proximity to residential zoned properties or residential uses warrants them.

(Ord. 10368 § 3 (part), 1993)

17.20.115 - Hours of operation.

A. Special use permits containing specific conditions regarding operating hours shall be governed by those conditions.

B. For gravel mining and accessory uses within or adjacent to a residential zoning district, the hours of operation for excavating, processing and loading are limited to seven a.m. to seven p.m. Monday through Saturday.

C.   The following activities are exempted from the provisions of subsection B of this section:
               1.   Excavation and loading necessitated by flood emergencies;
2.   On Monday through Saturday, the early morning processing of concrete necessary to provide beneficial strength;
3.   Hauling to jobs under contract with a public agency. However, for any such hauling outside of the hours provided in subsection
                  B of this section, the operator shall post reasonable notice near the site, notify the planning director, and notify the legal
                  newspaper of the county and at least one radio station covering the area of the site.
               

(Ord. 10368 § 3 (part), 1993)

17.20.120 - Fencing.

A. For applications filed after the effective date of this chapter, fencing shall be installed where appropriate to safeguard safety or health. Warning signs may be required by the approval authority; such signs shall meet all requirements of Chapter 20.40.

B. For existing gravel mines, fencing, berms, natural barriers or some comparable deterrent shall be employed to prevent unauthorized dumping of materials on mining sites.

(Ord. 10368 § 3 (part), 1993)

17.20.130 - Lighting.

All lighting shall be limited to the lowest intensity which allows the permitted activity to be carried out in a safe manner. The lights shall be shielded and directed so that illumination affects only the premises of the site and does not result in glare outside of the permit site or on public rights-of-way.

(Ord. 10368 § 3 (part), 1993)

17.20.140 - Rehabilitation and conservation requirements.

A.   For applications filed after the effective date of this chapter:
               1.   If a reclamation plan is not required by the Washington Department of Natural Resources (DNR), the applicant shall submit
                  a rehabilitation plan in conjunction with the application for special use approval. The rehabilitation plan shall provide
                  that rehabilitation activities, particularly those relating to control of erosion, shall, to the maximum extent feasible,
                  be conducted simultaneously with surface mining. The rehabilitation plan shall also include measures to conserve topsoil;
                  interim reclamation for site stabilization, if necessary; post-reclamation erosion control measures; and a topographic map
                  depicting the post-reclamation surface gradient.
               
2.   Final contours shall reflect or harmonize with the natural contours of the adjacent land.
3.   Rehabilitation shall include removal of all debris, temporary structures and stockpiles.
4.   A layer of arable soil of sufficient depth to sustain grass, shrubs or trees shall be provided in those parts of the operation
                  where required. The approval authority shall determine the appropriate restorative cover. Native grasses are preferred as
                  a restorative cover where appropriate.
               
5.   Water accumulating upon the site may be retained after the completion of such operation where the excavation cannot reasonably
                  be drained by gravity flow; provided, that adequate provision shall be made to avoid stagnation, pollution and the danger
                  of improperly controlled releases of such water from the site and danger to public, etc.
               
6.   The rehabilitation plans shall be reviewed by the approval authority to insure compliance with all provisions of this chapter,
                  and compatibility with relevant land use plans.
               
7.   Plans may be amended from time to time by approval of the approval authority upon application by the owner.
8.   Final rehabilitation shall conform to zoning regulations at the time of implementation.
9.   Rehabilitation shall be completed within two years from the date of completion or abandonment of the subject site or portion
                  of the site.
               

B. Owners and operators of gravel mines not under DNR or county special use permit, whether or not in existence on the effective date of this chapter, shall complete reclamation of exhausted or abandoned mines within two years after completion or abandonment of mining.

(Ord. 10368 § 3 (part), 1993)

17.20.150 - Registration.

A. Owners of all gravel mining operations shall submit completed registration forms to the county on an annual basis. For existing operations, initial forms shall be submitted to the county by not later than six months from date of adoption of this chapter. Registration forms shall include: (1) location and ownership of parcel, (2) size and depth of mine, (3) current state and/or local permit status of mining activity on parcel, and (4) information contained on any annual report required by the Department of Natural Resources. Fees shall be assessed as adopted by the board of Thurston commissioners.

B. Owners of inactive or terminated gravel mines which have not completed any required reclamation shall also submit registration forms, but no fee will be charged.

C. A mineral extraction use shall be considered vacated if the mining operator has not timely submitted a complete registration form and related fee to Thurston County per Section 17.20.140 for three consecutive years, or if more than fifty percent of the permitted mining site has been converted to another use at any time, or if significant mining activity has ceased for a period of three consecutive years. "Significant mining activity" as used in this section means extraction, sale (or, in the case of Thurston County mining operations, application to a Thurston County project), and delivery for use of more than five hundred cubic yards of a mineral resource from the permitted mineral extraction area within a three-year period.

(Ord. 13040 Attach. C § 3, 2003: Ord. 10368 § 3 (part), 1993)

17.20.160 - Inspections.

A. For applications filed after the effective date of this chapter, the operator shall provide access to the site for the purpose of inspections to ensure compliance with the provisions of this chapter. The director may authorize a reasonable fee for such inspections. The operator will submit to either an inspection or, at the option of the director, a conference before commencing the extraction of mineral resources. The inspection or conference shall be based on conditions and standards ordered by the approval authority to be complied with before the operations commence.

B. Gravel mines, whether in existence on the effective date of this chapter or subsequently permitted, shall be inspected annually for compliance with this chapter. The planning department, in consultation with the prosecuting attorney, shall establish in writing a program and schedule under which such inspections shall be carried out. This program shall prioritize inspections concerning fuel and petroleum products storage, spill prevention, spill occurrence and water pollution prevention in general.

(Ord. 10368 § 3 (part), 1993)

17.20.170 - Vehicle preparation.

All vehicles leaving the site shall comply with RCW 46.61.655 (escape of load materials and cleaning of vehicles).

(Ord. 10368 § 3 (part), 1993)

17.20.180 - Site access.

The operator shall employ reasonable site access control measures, such as locked gates, to prevent illegal dumping of solid waste.

(Ord. 10368 § 3 (part), 1993)

17.20.190 - Contact.

The operator shall visibly post his or her name, address and phone number, or the name, address and phone number of a designated person whom the public can contact, to report complaints or violations. Such signs shall comply with Chapter 20.40 of this title.

(Ord. 10368 § 3 (part), 1993)

17.20.200 - Hydrogeological report.

If a hydrogeological report is required by Chapter 17.15, the approval authority may require the report to include any of the following additional elements:

A. Groundwater elevation of uppermost saturated zone based on at least one year of conservation water level data, including seasonal variations. Other reliable data may be employed upon approval by the health officer;

B. Locations on existing wells within one thousand feet of the excavation boundary. Well information including well logs, static water level, well depth, well elevation, estimated withdrawal rate and other relevant information shall be included as it may be available;

C. Description of effects including water quality and water level changes expected to occur in any of these existing wells as a result of mining activity;

D. Proposed final depth of excavation;

E. If proposed mining will intercept an aquifer, background water quality for iron (Fe), manganese (Mn), turbidity, nitrate (NO expressed as N), total petroleum hydrocarbons, and water chemistry parameters related to the ability of silts and clays to settle from water shall be determined as part of the report. Additional water quality parameters may be required on recommendation by the health officer if local conditions merit such inclusion. When adequate and reliable water quality background data exists it may be used by approval of the health officer. If background water quality data does not exist, water quality background shall be based on methods acceptable to the Department of Ecology or be based on at least six sampling events of data generally collected once per month. The health officer may accept other methods of determining background parameters if performed according to methods approved by the Environmental Protection Agency or the United States Geological Survey;

F. An analysis of turbidity and water chemistry as related to the mining proposal. This includes a professional estimate of how far turbidity might be expected to be transported, based on overlying soil type, earth materials lateral to the mining activity, particle composition, pore sizes within the aquifer, the groundwater flow velocity, and the chemistry of the groundwater;

G. Estimated effects of stormwater and process water.

(Ord. 10368 § 3 (part), 1993)

17.20.210 - Groundwater monitoring.

A. For those projects for which a hydrogeological report is required by Chapter 17.15, a water quality monitoring system shall be devised and submitted to the environmental health division for approval, and shall become part of the special use permit conditions. Monitoring wells, surface water sampling points, parameters and schedules for sampling shall be included. Water sampling may include on and off-site locations as required by the health officer. Point of compliance as defined in WAC 173-200-060 shall be based on specifics of the site as determined from review of the hydrogeological report.

B. If mining is conducted in an aquifer, water sampling wells shall be monitored quarterly for water level and water quality. Sampling frequency may only be reduced when two years of base line data have been accumulated. Sampling parameters for exposed aquifers less than one acre in size shall be done semi-annually or as approved by the health officer.

(Ord. 10368 § 3 (part), 1993)

17.20.220 - Well separation.

To preserve water quality, the approval authority shall determine the minimum horizontal distance to be maintained between an excavation and any well used as a potable water supply in existence at the time of permit application. Location of wells in relation to the mine and groundwater flow direction and depth of excavation shall be considered in these determinations.

(Ord. 10368 § 3 (part), 1993)

17.20.230 - Setbacks.

No extraction shall be conducted closer than one hundred feet to the boundary of any district in which extraction is permitted or allowed by special use nor closer than one hundred feet from the property boundary at the time of application. However, the setback may be reduced by the approval authority if, due to topography, or adjoining easements or designated resource lands of long-term commercial significance, the purposes of this chapter can be met with the reduced setback. The setback area shall not be used for any other use in conjunction with extraction except access streets, berms, fencing, landscaping and signs.

(Ord. 10368 § 3 (part), 1993)

17.20.240 - Landscaping and screening.

A berm around the perimeter of the site is required unless the operator can demonstrate that one is not necessary to mitigate noise and visual impacts. The side slopes of the berm shall not exceed 1.5:1 ratio. Berms shall be at least eight feet in height. The approval authority may reduce the required berm height below eight feet if resulting noise impacts will not exceed the applicable standard and any resulting visual impacts will be consistent with the purposes of this chapter. Berms shall be planted and erosion control measures shall be taken as may be approved by the approval authority. Planting and berms shall begin at a point not closer to a street than the ultimate right-of-way line. The approval authority may require additional planting pursuant to Chapter 20.45. The approval authority shall consider site conditions, proximity to residential uses, and existing views from neighboring properties, in setting specific conditions for landscaping, screening and berming, including increased berm height.

(Ord. 10368 § 3 (part), 1993)

17.20.250 - Stockpiles.

Stockpiles shall not exceed one hundred feet in height as measured from ground level before excavation, and shall be set back twice the height of the stockpile from the edge of the nearest property boundary as measured from the center of the stockpile. The approval authority shall consider all reasonable measures, including additional stockpile setbacks to prevent any materials or wastes deposited upon any stockpile from being washed, blown or otherwise transferred off the site by normal causes or forces. The operator shall provide a survey by a registered land surveyor certifying the height of any stockpiles on the site at any time requested by the director, to ensure compliance with this section.

(Ord. 10368 § 3 (part), 1993)

17.20.260 - Control of vibration.

No ground vibration caused by blasting or machinery shall exceed the limits established by state regulations. Further regulations may be required to mitigate impact on adjoining properties.

(Ord. 10368 § 3 (part), 1993)

17.20.270 - Parking.

The operator shall provide at least one off-street parking space for each employee and at least two additional off-street parking spaces for visitors. The operator shall mark all parking spaces with paint, bumper stops, curbing or similar devices.

(Ord. 10368 § 3 (part), 1993)

17.20.280 - Civil infractions.

A. Violations of the provisions of this chapter are designated as Class I civil infractions pursuant to RCW Chapter 7.80. Each day of any such violation is a separate civil infraction. However, a notice of infraction shall not be issued until the person responsible has been notified of the alleged violation and has been afforded a reasonable period of time to come into compliance. Civil infractions shall be heard and determined according to RCW Chapter 7.80, as amended, and any applicable court rules.

B. The enforcement officer for implementation of this chapter is the director of the Thurston County planning department or designee.

C. An enforcement officer issuing a notice of civil infraction shall require the person receiving the notice to identify himself by producing a valid driver's license or identicard. If the person receiving the notice is unable to produce such a card, the enforcement officer shall require the person to give name, address and date of birth. If the person is unable or unwilling to give such information, the enforcement officer may, with the assistance of a deputy sheriff, detain such person for a period of time not longer than is reasonably necessary to identify the person.

D. The Thurston County planning director is responsible for assuring county compliance with RCW 7.80.150.

E.   Notice of civil infractions may be recorded with the Thurston County auditor against the property on which the violation took
               place in the following instances:
               1.   The person receiving the notice of civil infraction does not respond as required by RCW 7.80.080;
2.   The person receiving the notice of civil infraction fails to appear at a hearing requested under RCW 7.80.080(3) and (4);
3.   The person assessed a monetary penalty for the civil infraction fails to pay such penalty within the time required by law
                  and does not appeal the penalty. If the penalty is appealed, the enforcement officer may record the notice of civil infraction
                  only if a penalty remains unpaid after a final appellate determination has been entered.
               

F. The auditor shall record any notice of civil infraction submitted for recording under this section.

G. The purpose of this section is remedial. Use of the civil infraction procedure will better protect the public from the harmful effects of violations, will aid enforcement, and will help reimburse the county for the expenses of enforcement.

(Ord. 10368 § 3 (part), 1993)