This chapter establishes the requirements and procedures for designation of mineral resource lands of long-term commercial significance. The requirements and procedures are designed to conserve long-term commercially significant mineral lands and to minimize land use conflicts by allowing designation status only where a long-term mining operation would be compatible with surrounding land uses and by providing notification to surrounding property owners of the long-term nature of a designated mining operation. This chapter also provides increased protection to designated mineral extraction operations by limiting nuisance claims from neighboring property owners. Sites must be designated under this chapter before new mineral extraction activities may occur.

(Ord. No. 14402, § 6, 9-7-2010; Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)

1.

Excavation and processing of minerals is allowed only on mineral resource lands (MRL) of long-term commercial significance designated in the comprehensive plan, or mining claims officially recognized by the state or federal government and recorded with the auditor. Excavation and processing of minerals is allowed on undesignated lands under the following exceptions:

a.

The extraction and processing of rock and gravel exclusively for forest practices shall be permitted in the Long-Term Forestry (LTF) zone, pursuant to Chapter 76.09 RCW.

b.

Existing, legally established non-conforming mineral operations will be allowed to continue subject to the provisions and requirements of Chapters 20.54 TCC and 17.20 TCC.

c.

Expansion of existing legally established and maintained mineral operations onto adjacent undesignated land, including within the one-thousand-foot separation distance from an urban growth area or a public park/preserve, when a portion of the existing site has been designated mineral resource land or the site is an existing legally established operation within the urban growth area and is expanding outside of the urban growth area. Any expansion of existing legally established mineral operations are subject to the provisions and requirements of the Thurston County Code at the time the department receives a complete permit application for expanded operations. Operators shall prove that mineral resources exist on the property prior to any expansion on undesignated lands is permitted. "Existing" as used in this provision means a mineral operation that is in existence prior to December 15, 2020.

d.

New or expanding mineral operations onto undesignated lands within one-thousand-foot separation distance from a public park or preserve up to an existing barrier, when a portion of the operation is on a designated mineral resource land. A barrier as used in this provision is an active railroad, a public road, or an active industrial use. The operation may only apply for permitting on undesignated lands up to the barrier on the side of which the barrier borders the public park and preserve. The one-thousand-foot separation distance still applies on all other sides without a barrier.

e.

New or expanding mineral extraction operations proposing to operate within the undesignated one-thousand-foot separation distance of a public park/preserve, when that public park/preserve was donated by a mineral extraction operator. The operator shall provide deed or other documentation showing donation of the parkland.

2.

Designation as mineral resource lands in the Thurston County Comprehensive Plan is a pre-condition for submitting an application to the county to extract mineral resources on a specific site, unless as described in an exception under the subsection above, Section 20.30B.015(1) TCC.

If any amount of the parcel is mapped as a designated mineral resource land, then the whole parcel is considered eligible to apply for a mineral extraction permit, including any portion of the parcel which lies within the one-thousand-foot separation distance from an urban growth area or public park/preserve, subject to the provisions and requirements of the Thurston County Code at the time the department receives a complete permit application.

(Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)

Designated mineral resource lands existing on the effective date of this chapter which meet the criteria established in the Thurston County Comprehensive Plan, Section 20.30B.030(1), and as shown on the map entitled, "Official Designated Mineral Resource Lands," on file with the county, are recognized as mineral resource lands of long-term commercial significance, and are hereafter referred to as designated mineral resource lands (MRL).

(Ord. No. 14402, § 6, 9-7-2010; Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)

1.

New or expansion of mineral extraction activities may be permitted by the county on sites not designated only if the operation meets criteria under Section 20.30B.015 TCC. Nothing in this chapter shall be construed as preventing the ongoing operation of existing, permitted mines in Thurston County in accordance with their DNR and/or special use permit conditions. However, expansion of existing, permitted mineral extraction operations will require a new special use permit pursuant to Chapter 20.54 and are subject to the requirements of the Thurston County Code at the time the department receives a complete permit application for expanded operations. Legal nonconforming mines are allowed to continue pursuant to any and all laws that apply to such mines.

2.

The county will review individual designation applications through the comprehensive plan amendment process. The county will periodically update the mineral resource lands inventory map and the designated mineral resource lands map as specified in the Thurston County Comprehensive Plan.

3.

Upon approval, all designated mineral resource lands shall be mapped on the "Official Designated Mineral Resource Lands" map and shall accompany the "Official Thurston County Zoning Map," on file in the County.

(Ord. No. 14402, § 6, 9-7-2010; Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)

1.

Criteria for Designation. A site may be designated as mineral resource lands if it meets all of the following criteria:

a.

The site must be mapped in the mineral resource inventory and contain nonstrategic minerals which are minable, recoverable, and marketable under the technologic and economic conditions that exist at the time of application for designation or which can be estimated to exist in the foreseeable future as determined by a licensed professional geologist. In determining whether minerals are minable, recoverable, and marketable, the county will consider the guidelines in Washington Administrative Code Section 365-190-070, as amended.

b.

The site must meet the minimum designation criteria for mineral resource lands in the Thurston County Comprehensive Plan.

(Ord. No. 14402, § 6, 9-7-2010; Ord. No. 14740, § 1(Att. A), 4-17-2012; Ord. No. 14848, § 1(Att. A), 1-8-2013; Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)

1.

An application for designation or removal shall be filed with the department as a comprehensive plan amendment.

a.

Application for designation or removal shall be accompanied by the requirements listed in the Thurston County Comprehensive Plan.

b.

Associated fees may be charged for applications outside of the mineral resource lands update cycle.

(Ord. No. 14402, § 6, 9-7-2010; Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)

Editor's note— Ord. No. 15974, § 3(Att. B, § II), adopted Dec. 15, 2020, repealed the former § 20.30B.040, and amended and renumbered § 20.30B.035 as § 20.30B.040, as set out herein. Historical notation to § 20.30B.035 has been retained for reference purposes. The former § 20.30B.040 pertained to the removal of designation status and derived from Ord. No. 14402, § 6, adopted Sept. 7, 2010.

1.

For purposes of this section, a site is a protected, legally operating mine when it meets the following requirements:

a.

The site is designated as mineral resource lands OR, the site is on undesignated lands and meets the criteria under 20.30B.015 TCC;

b.

The extraction operation has a valid special use permit;

c.

The extraction operation is carried out in accordance with governing law and any applicable best management practices;

d.

The extraction operation does not have any substantial adverse effect on the public health or safety; and

e.

The site obtained designation status before the notice under Chapters 18.04, 14.17, 14.18 or 14.44 TCC was given.

2.

An owner or occupier of real property for which notice has been given pursuant to Chapters 14.17, 14.18, 14.44 or 18.04 TCC may not be limited in bringing a private nuisance claim against a protected, legally operating mine.

(Ord. No. 14402, § 6, 9-7-2010; Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)

Designation as mineral resource lands does not imply that mineral extraction will be permitted on the site. All proposed mineral extraction operations are subject to special use permitting requirements of Chapter 20.54, the mineral extraction code requirements of Chapter 17.20, associated environmental review and all other applicable laws. The presence of critical areas on the site may prohibit or restrict mineral extraction operations.

(Ord. No. 14402, § 6, 9-7-2010; Ord. No. 14848, § 1(Att. A), 1-8-2013; Ord. No. 15974, § 3(Att. B, § II), 12-15-2020)