Division III. Overlay District

Chapter 25.60
MINERAL RESOURCE OVERLAY

Sections:

25.60.010    Purpose.

25.60.020    Permitted uses.

25.60.030    Performance standards.

25.60.040    Site plan approval.

25.60.010 Purpose.

(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act, Chapter 36.70A RCW, the Surface Mining Act, Chapter 78.44 RCW and the DuPont comprehensive plan.

(2) The Growth Management Act encourages local governments to designate natural resource lands of long-term significance and adopt development regulations to assure their conservation.

(3) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity making an important contribution to the economic well being of the state and nation. It is not possible to extract minerals without producing some environmental impacts. At the same time, comprehensive regulation of mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be detrimental to the environment and to protect the general welfare, health, safety, and property rights of the citizens of the state. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. A balance between appropriate environmental regulations and the production and conservation of minerals is in the best interests of the citizens of the state. The DuPont comprehensive plan contains policies regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction overlay area within Sequalitchew Village in which mineral extraction is allowed.

(4) To accomplish these purposes the city of DuPont hereby:

(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit;

(b) Protects said sites from conflicting uses while resources are being extracted;

(c) Protects surrounding sites from adverse effects of mineral extraction activities;

(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not duplicative to any state or federal permit process. (Ord. 02-707 § 1)

25.60.020 Permitted uses.

(1) The following uses are permitted within in the mineral resource overlay:

(a) Mineral extraction together with associated structures and equipment;

(b) Compost processing including the receiving and processing of lawn clippings, leaves, branches, limbs, stumps, scrap lumber, and salvaged wood which has not been chemically treated and other acceptable organic materials necessary for conversion into usable products;

(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an accessory use.

(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-products of mineral extraction and are not listed as a permitted use may be considered as a conditional use.

(3) All uses not listed above are prohibited within the development area while mineral extraction is being actively pursued. (Ord. 02-707 § 1)

25.60.030 Performance standards.

Potential impacts related to traffic, dust control, light emission, visual screening, loss of tree cover, noise emission and protection of environmentally sensitive areas shall be examined. The city recognizes impacts to other elements of the environment including air and water quality are regulated by the state, regional and federal authorities. (Ord. 02-707 § 1)

25.60.040 Site plan approval.

Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III procedure as set forth in DMC 25.175.010. Expansions of existing structures that include less than 20 percent area increase shall be processed with a Type II procedure. All larger expansions shall be processed with a Type III procedure. (Ord. 02-707 § 1)