31.02.170 Classification of mineral resource lands

31.02.170 Classification of mineral resource lands.

(1) In accordance with WAC 365-190-040(4) and 365-190-070(3), the classification of lands suitable for mineral extraction may be performed by the applicant, landowner or County staff and said classification shall be done pursuant to the scoring system listed in subsection (3) of this section.

(2) For purposes of this section and any related development regulations, there is hereby defined a category of “LANDMARKS,” which, for the purposes of measuring, shall be the closest boundary of the incorporated cities of Forks, Port Angeles and Sequim as presently constituted or as may be amended or revised by an official action of those cities; for example, annexation.

(3) The scoring system begins with any site to be scored starting with a score of zero with points then attributed to the site as follows:

(a) Underlying geology shall be scored and shall have a maximum score of 45 points.

(i) A sealed report from a geological engineer, geologist or similar expert stating a particular site contains a mineral resource of the type that has long-term commercial significance shall provide the site with 45 points.

(ii) A site that is mapped on the DNR 1:500K map, made part of this Comprehensive Plan, that has as its underlying geology either “Qgd” (Glaciomarine Drift-Pleistocene) or “θv(c) [theta-v-c]” (Crescent Formation) shall provide the site with 30 points.

(iii) In the case of a proposed surface mine site where the site cannot or does not score points in this category based on subsections (3)(a)(i) and (ii) of this section, said site may obtain 15 points in reliance upon the applicant submitting to the County written documents indicating the site in question contains mineral resources having long-term commercial significance, for example, soil logs.

(b) Also scored will be the quality of the resource present, if known, which shall have a maximum score of 30 points.

(i) Double the score in this category if the site is east of Morse Creek.

(ii) If quality of resource present is not known but the underlying geology is shown on the DNR 1:500K map to be either “Qgd” or “θv(c) [theta-v-c],” then the site obtains 20 points.

(iii) If the resource present at the site meets:

(A) Specifications for construction sand and gravel, then the site obtains 30 points;

(B) Specifications for Washington State Department of Transportation, then the site obtains 30 points;

(D) Other specifications not listed here for the site, then the site obtains 18 points.

(c) This classification scoring system shall, in part, score for distance (measured by road mileage from any abutting public or private right-of-way or street to a LANDMARK) as follows:

(i) Double any positive score in this category if the site is east of Morse Creek.

(ii) Less than 10 miles shall be worth 25 points.

(iii) More than 10 but less than 25 miles shall be worth 15 points.

(iv) More than 25 miles but less than 50 miles shall add zero points.

(v) Greater than 50 miles shall cause a subtraction of 15 points.

(d) This classification scoring system shall, in part, score based on the size of the parcel(s) proposed to be the site of a surface mine as follows:

(i) If more than one parcel having distinct assessor’s parcel numbers (“APN”) is proposed for mining, then score the proposal based upon the size of the largest parcel involved, said parcel to be known as the “measuring parcel.”

(ii) If there is not more than one parcel, use the size of the parcel proposed for the mine for this scoring process.

(iii) If the measuring parcel is:

(A) Eighty acres or more, the site obtains 25 points;

(B) Not less than 40 acres but less than 80 acres, the site gains 20 points;

(D) Not less than five acres but less than 20 acres, the site scores zero points;

(E) Less than five acres, 10 points are subtracted from the score.

(e) This classification scoring system shall, in part, score based on the size of the adjacent parcel(s) as follows:

(i) Included in counting the number of adjacent parcels shall be all parcels which are in whole or in part located within 1,000 feet of the boundary of the parcel(s) proposed for mining.

(ii) If 50 percent of the parcels that are counted are:

(A) Larger than 80 acres, then the site obtains 20 points;

(B) Not less than 40 acres in size but less than 80 acres in size, then the site obtains 12 points;

(D) Not less than five acres in size but less than 20 acres in size, then the site scores zero points;

(E) Less than five acres in size, then nine points are subtracted from the site score;

(F) If no one category listed immediately above includes 50 percent or more of the adjacent parcels, then the proposed site obtains 12 points.

(f) This classification scoring system shall score, in part, based on the depth of the overburden present at the site as follows:

(i) The average depth of the overburden at a particular site can be estimated for scoring by a geological engineer or geologist and if that expert provides an estimated range, then the lowest number shall be used for scoring.

(ii) The depth of the overburden at a particular site can be determined by using the lowest overburden depth recorded among three excavation locations at the site.

(iii) If the depth of the overburden (as calculated pursuant to subsections (3)(f)(i) and (ii) of this section) is unknown or not less than 40 feet, then the site score in this category is five.

(iv) For each foot the overburden (as calculated pursuant to subsections (3)(f)(i) and (ii) of this section) is less than 40 feet, the site scores one point, up to a maximum of 30 points.

(g) This classification scoring system shall score, in part, based on the quantity of mineral resource present at the site, as analyzed in writing by a qualified professional, e.g., a geologist or geological engineer. If the site has a quantity of mineral resource present that is likely to last for 20 or more years, then the site shall obtain 25 points. Any site similarly analyzed in writing with resources likely to last 10 to 19 years shall obtain 20 points. Any site analyzed in writing and having mineral resources likely to last less than 10 years shall gain 10 points. The expert report written to estimate the quantity of mineral resources present at a site shall include an assumed rate of annual consumption based on the economic conditions expected to apply during the life of the surface mine. No points shall be scored in this category in the absence of such a written report.

(h) This classification system shall also include the following miscellaneous scoring rules:

(i) If the subject parcel is designated as Commercial Forest land or Commercial Forest Land/Mixed Use, then the site shall obtain 10 points.

(ii) If a noise study is submitted which indicates the mineral extraction and processing activity will not exceed the standards established in Chapter 173-60 WAC at the closest potential land use, e.g., residence, then the site shall obtain 10 points.

(iii) If there is proof of source of water at the site, then the site obtains two points.

(iv) If the subject parcel is within one-half mile (2,640 feet) of a public preserve, including, but not limited to, national wildlife refuges, state conservation areas and other governmental preserves, excluding areas where hunting is authorized, then two points will be subtracted from the score of the site.

(v) If the subject parcel is within one-half mile (2,640 feet) of an urban growth area, religious facility or school, excluding from the definition of “school” any home schooling sites or pandemic-induced remote or distance learning sites, then five points will be subtracted from the score of the site.

(vi) If there is an existing residence not owned by the mining applicant within 600 feet of the outer boundary of the site proposed for a surface mine located upon land, then nine points will be subtracted from the score of the site.

(4) The maximum classification score (without bonuses) shall be 200 or 255 if all maximum bonuses are obtained.

(5) Any landowner or applicant may request to have County staff generate a classification score for their proposed surface mine site as part of the annual Comprehensive Plan amendment cycle at no cost to the landowner or applicant. However, if the County generates the classification score for a site it will use only maps available to it to determine as best as is reasonably feasible the relevant soil type and will not take soil samples or soil cores.

(6) Nothing in this section is intended to prohibit a landowner or applicant for a surface mine from obtaining a classification report and submitting same to the County. Such a classification report need not be prepared by a person having a license or seal.

(7) If a classification scoring report concludes the score for a particular site or parcel is 100 or more (and having 15 or more points from the scoring category of “underlying geology”), then that site or parcel shall be classified as mineral resource land or “MRL.” If lawful surface mining operations are subsequently undertaken at that parcel, said surface mine shall be entitled to all protections offered to any surface mine by Chapter 27.10 CCC, Right to Practice Forestry, Mining and Agriculture. Mineral resource extraction shall be the preferred use at such a site or parcel, while remaining subject to all other applicable development regulations, including any performance standards.

(8) Any site or parcel with a classification score of 150 or more (and having at least 15 or more points from the category of “underlying geology”), shall, in addition to classification as MRL, be prequalified for (upon application in accordance with CCC 33.62.070) the status of a Mineral Resource Land Overlay District or “MRLOD” status. A surface mine possessing MRLOD status remains subject to all other applicable development regulations, including any performance standards.

(9) For existing surface mines having a DNR permit, active or not, a classification scoring report is not a prerequisite to apply for MRLOD status.