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(1) Mineral resource lands in the County provide vitally needed construction materials to the residential, commercial and industrial sectors of the economy, as well as government agencies charged with road construction and maintenance. Therefore, the citizens of Clallam County recognize mineral resource extraction as an important piece of the local and regional economy. Our mineral resources are finite; a stable, low-cost source of material can only be assured if measures are taken to protect the resource and allow it to be extracted.

(2) Mineral resources found in Clallam County include sand and gravel, rock, industrial minerals and metallic minerals. The Department of Natural Resources has identified likely locations of these mineral resources. Where these resources exist in rural areas, measures to ensure the continued extraction of these finite resources should be considered. Planning and land use regulations could achieve mineral resource land conservation in the following ways:

(a) Overlay zoning on mineral resource lands giving priority for extraction over subdivision;

(b) Exclusive zoning on mineral resource lands requiring extraction of resources before subdivision;

(c) Forest land zoning with allowance for mineral extraction.

(3) Environmental impacts of mineral extraction can be substantial. Aggregate production temporarily obliterates entire minesite ecosystems, but this loss can be mitigated with carefully sequenced reclamation. The effects of truck traffic can be a primary concern in designating construction aggregate mines. Damage to river beds can be another major impact of mining. Channel bar scalping can reduce the probability of flooding but can also change the river-bed morphology. Possible reduction of the quantity of groundwater is a concern in new mineral sites. Excavation breaching the lateral or seat-seals of perched aquifers can cause loss of water supplies and other damage. Washington State has several regulations which govern mineral extraction and associated impacts, including but not limited to: Surface Mining Act, Growth Management Act, Water Quality Standards, Shoreline Management Act, and the State Environmental Policy Act.

(4) CCC 31.02.160(2)(e) states that any lawful surface mine is a preferred land use and shall receive protection from incompatible uses.

(5) In Clallam County mineral resource extraction usually requires a zoning conditional use permit. However, in the Commercial Forest Zone or Mineral Resource Land Overlay District, mineral extraction and processing is a permitted use, typically occurring after timber harvesting has been completed at that site.

(6) In recognition of the geology present under much of the land zoned as Commercial Forest, or “CF,” the mineral resource located under much of the land zoned CF is best suited for the repair and maintenance of forest service roads or internal roads used for timber harvesting and does not meet the quality standards that aggregate (product) must meet in order to be used for the construction of publicly owned roadways. Typically, if a mineral resource extraction is occurring on CF land and the resource being extracted is used solely for timber road maintenance the County and the State DNR do not regulate such operations.

(7) Unless specifically so designated by the County through the Mineral Resource Land Overlay District process, CF land shall not be considered mineral resource land of long-term commercial significance. Mineral extraction is and remains an authorized or “yes” use on CF land. Mineral resource extraction is and remains authorized in most rural residential zones upon the applicant obtaining a conditional use permit.

(8) In accordance with the County’s critical areas code, mineral resource extraction (as defined in CCC Title 33) may be subject to the County’s critical areas ordinance since critical areas may be present on a site where a surface mine is proposed. Only if any critical area (or its buffer) is present at the location of a proposed (new) mineral extraction, then the County must review that application against the applicable critical areas regulations. Upon satisfaction of the regulations found in the critical areas ordinance, the County will issue a certificate of compliance.

(9) If a County permit is required for a proposed new mineral resource extraction and/or processing activity, then the County shall be the lead agency for the State Environmental Policy Act (SEPA) (see Chapter 27.01 CCC, Chapter 197-11 WAC, and/or Chapter 43.21C RCW) and will issue a threshold determination pursuant to SEPA. When performing a SEPA review, DCD typically addresses the size of the operation and general depth of the operation as well as operational measures (see RCW 78.44.031(8)) such as noise generation, air quality, surface and ground water quality, quantity, and flow, glare, pollution, traffic safety, ground vibrations, visual impacts, and other issues. These impacts can be mitigated through such measures as: restrictions on what activities are permitted, where mineral extraction and processing may occur, hours of operation, visual buffers, road improvements, hydrogeologic analysis, noise studies, site improvements (like paving or graveling haul road) and other issues through the required permit and/or SEPA.

(10) Once DCD has completed the review described above the County signs off on an SM-6 for that parcel(s). The SM-6, if signed by the County, affirms that the mineral resource extraction and processing activity complies with the Clallam County Code and that the post-reclamation use (the subsequent use) is consistent with the Zoning Code.

(11) DNR reviews, pursuant to Chapter 78.44 RCW, the mineral resource extraction and processing activity to ensure that it is occurring in a safe manner and that the reclamation occurs as originally proposed. DNR requires a bond to ensure that they have adequate funds to reclaim a site if landowner does not reclaim the site. DNR also usually takes the lead for changes to existing surface mine (depth or how the site is mined) within the existing footprint. If the surface mine seeks a horizontal expansion it is usually reviewed by the County again.

(12) The Washington State Department of Ecology issues a National Pollutant Discharge Elimination Permit (NPDES) general sand and gravel permits for mineral extraction and processing activities (see Ecology NPDES sand-gravel general permit). This is a permit that covers all typical stormwater discharge water quality and quantity issues with a mineral resource extraction and/or processing activity. All mineral resource extraction permit applicants will be required to contain their stormwater and treat it before it is discharged to the ground or surface water.

(13) Clallam County typically requires surface mines and processing areas to have a supply of water to control dust and to gravel or pave roads to reduce dust. The Olympic Region Clean Air Authority (ORCAA) requires annual registration if a crusher or a large generator is being used, but does not usually require a permit for sorters or the use of a loader/excavator and trucks. If dust leaves the site, ORCAA can take enforcement actions, as may the County. More information about ORCAA is available at https://www.orcaa.org/.

(14) If timber (over 5,000 board feet or two log trucks) is removed from a site and the area is not reforested within three years, then the activity will require a Class IV general forest practice permit. Clallam County usually will be lead agency if the activity requires a county permit; otherwise the first State agency with a permit would issue the SEPA threshold determination. See Chapter 76.09 RCW and WAC Title 222.

(15) Surface mines deliver material throughout the County. In addition, many surface mines accept clean fill to obtain material to reclaim their surface mine and also as a source of revenue. The movement of material in and out of the site and also the site disturbance and often periods of inactivity can make surface mines a source of noxious weeds. The Olympic National Park does not accept material from surface mines that are not certified as noxious weed-free. The County also places this requirement on surface mines and projects that import and export large amounts (in excess of five truckloads per month) of material. In addition, such large projects are required to coordinate with the County’s Noxious Weed Board to develop a plan for controlling noxious weeds. Additional information is available at http://www.clallam.net/weed/.

(16) Clallam County has not adopted any noise standards that would apply to mineral resource extraction and/or processing activities. Instead, the County relies upon the Washington State Department of Ecology maximum environmental noise levels codified at Chapter 173-60 WAC. Noise is measured in decibels (dBA) at the location where the noise is being received. The WAC provisions include daylight and nighttime standards. Typically, surface mines are considered industrial use (Class C) from a noise perspective and a residence is considered a residential use (Class A). Thus, in accordance with WAC 173-60-040, the maximum permissible noise levels from mineral resource extraction as measured at a receiving residence are 60 dBA from 7:00 a.m. to 10:00 p.m. and 50 dBA from 10:00 p.m. to 7:00 a.m. Typically, different equipment (loader, sorter, and crusher) generate different noise based on the specifics of the equipment and if there are any noise reducing measures employed. There are some allowances for certain infrequent activities (alarms, blasting, etc.). Noise levels can vary based on such factors as wind, temperature, barometric pressure, topography and other factors. Clallam County would require a noise study (acoustic analysis) if a mineral extraction and processing activity were being proposed within 600 feet of an existing residence not owned by the mining applicant. With respect to a site-specific proposal for a surface mine, if mineral extraction and/or processing activities at that site are likely to exceed the maximum permissible noise levels in Chapter 173-60 WAC as measured to the closest potential receptor, then a noise report shall be required. Such a noise study would determine the dBA based on the proposed equipment and would include proposed measures (muffler, berms, distance, etc.) to reduce the noise level to the closest receiving land use.

(17) The issue of aesthetics with respect to surface mines is addressed typically by the County through SEPA. Mining activities and other land use activities in highly visible locations (e.g., adjacent to or visible from a highway or other areas where large numbers of people can see) are typically required to reduce visual impacts. For surface mines this may entail leaving visual buffers or measures to minimize the visibility of the operation.

This may include requiring visual simulations from key viewing areas, which typically are photos with the existing and proposed conditions shown. DNR usually requires the reclamation of the site to blend in with the surrounding area. Basalt quarries are required to have finished mining faces that blend in with the surrounding natural conditions. This may entail allowing higher and steeper finished faces than normally allowed through by DNR reclamation plans.

(18) Blasting of basalt and other hard rock must be done in a controlled way intended to loosen material for removal and reclamation. Blasting should be done on an infrequent basis and each blast should provide a large supply of material to be processed through traditional means. The size of and number of charges must be done in a prudent and orchestrated method to remove consolidated material and also to provide the size of material needed for riprap or for material that can be processed through a crusher. The safety of people surrounding the proposed use and the workers at mineral extraction sites from blasting is regulated by U.S. Department of Labor Mining Safety and Health Administration (MSHA) and the Washington State Department of Labor and Industries. These federal and State agencies address safety issues from noise, flying debris, etc. This may also include impacts from blasting on foundations and wells, which may entail the use of monitoring equipment for the areas around the blasting. The County may place additional restriction on the operation (such as timing restrictions) through SEPA.

(19) Asphalt or concrete plants do not constitute “mineral extraction,” as that term is defined in the County’s development regulations. Such plants may require an additional zoning permit where authorized as an allowed use or a conditionally permitted use.