31.02.180 Designation of mineral resource lands.
(1) When designating mineral resource lands, Clallam County shall utilize these minimum guidelines:
(a) Geology. The land in question should contain deposits consisting of sand and gravel, coal, sandstone, basalt, or other igneous rock that is recoverable and marketable, based on U.S. Geological Survey maps or site-specific information prepared by a geologist, or as indicated by State Department of Natural Resources (DNR) mining permit data.
(b) Projected Life of the Resource. To be designated as mineral resource land there should be at the land in question sufficient mineral resource to be commercially sustainable for not less than five years and up to 20 years under market conditions present when the designation is being considered.
(c) Proximity to Point of Use or Market. The land in question will be judged by the energy cost of transporting the extracted materials to the market or end users.
(d) Infrastructure. The land in question will be judged by the availability of public roads and whether there is a source of water for that land.
(e) The review of an application for a MRL or MRLOD designation will include a site-specific SEPA checklist and threshold determination. If during the SEPA process it is determined that archaeological or historic resources are identified as being likely present at that site, then the applicant shall submit an archaeological monitoring plan (prepared by a professional archaeologist) to DCD and the Washington State Department of Archaeology and Historic Preservation (DAHP) for review and approval. The purpose of this monitoring plan is to ensure compliance with all applicable Washington State laws pertaining to the protection of archaeological sites and artifacts for this proposal.
(f) Land use, current and future, will be considered:
(i) The applying parcel(s) is/are not less than 10 acres in size, unless for smaller parcels there are no existing residences within 600 feet of the boundary of the applying parcel(s). If there is a residence within 600 feet of the boundary of the applying parcel(s) not owned by the mining applicant, then the applicant must supply a noise study demonstrating that the mineral extraction and processing activity will not exceed maximum permissible noise levels found in Chapter 173-60 WAC at the nearest residence;
(ii) Land within one-fourth mile of rural residential areas having an existing density greater than (more intense than) one dwelling unit per 5.1 acres shall not be designated as mineral resource land unless there are no existing residences not owned by the mining applicant within 600 feet of the boundary of the proposed mining site. Land exceeding the density listed immediately above may obtain an MRL designation if a noise study is submitted demonstrating that the mineral extraction and processing activity will not exceed the maximum permissible noise levels found in Chapter 173-60 WAC at the nearest residence or place of business;
(iii) The applying parcel(s) is/are surrounded by parcels no smaller than five acres in size, except parcels qualifying under subsection (1)(f)(ii) of this section;
(iv) If applicable, the current or future land use designation of the applying parcel(s) shall not exceed a residential density of one dwelling unit per five acres;
(v) Designated mineral resource lands shall be separated by a distance of at least one-half mile from public preserves, which include national wildlife refuges, state conservation areas, and other government-owned preserves, but excluding hunting areas;
(vi) The applying parcels is/are not within one-half mile of any established urban growth area, school, day care or elder care facility or place of religious worship; or
(vii) Land zoned as commercial forest land or agricultural retention is eligible for MRL designation.
(2) Any parcel or site obtaining a written classification score of not less than 100 (and scoring not less than 15 points in the category of “underlying geology”) shall automatically be codesignated as Mineral Resource Land, although the parcel(s) shall also retain their underlying (existing) zoning. Accomplishing this codesignation shall require a Comprehensive Plan amendment to be initiated by the County once each year.
(3) Notwithstanding the absence of a classification scoring report or expert knowledge that a specific site, parcel(s) or lot(s) contains mineral resources of long-term commercial significance, any location on the DNR map (1:500K) shown as having the underlying geology of “Qgd” or “Tv(c)” and the underlying zoning designation of Commercial Forest, Commercial Forest/Mixed Use 20, or Commercial Forest/Mixed Use 5 shall hereby be designated as MRLOD as part of this Comprehensive Plan amendment process. It is estimated some 272,000 acres will thereby gain this MRLOD designation. Any proposed surface mine located on MRLOD land shall have all the benefits of Chapters 27.10 and 33.62 CCC and CCC 33.07.045.
(4) For the years 2021 and 2022 there shall be no fee charged to applicants or landowners seeking a Comprehensive Plan amendment to have their parcel(s) or site designated as either a Mineral Resource Land or MRLOD.