Mineral Lands Task Force

Background

The Washington State Growth Management Act (GMA) requires counties to identify and conserve natural resource lands (RCW 36.70A.060).  This includes designating mineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals (RCW 36.70A.170). Thurston County's tool for complying with the Growth Management Act is the county's Comprehensive Plan -- which is essentially a master blueprint for land use in Thurston County.

Status

From January through June 2004, a task force, appointed by the Board of County Commissioners, met to study and make recommendations regarding the designation of mineral lands in Thurston County, as well as location criteria for mineral extraction and asphalt production operations. In the ensuing years, the Thurston County Planning Commission and the Board of County Commissioners have scheduled many briefings, work sessions and public hearings on this issue. (Click here for a timeline.) 

On April 17, 2010, the Planning Commission approved recommended changes to the designated mineral lands chapter of Thurston County's Comprehensive Plan in a vote of seven for and one against. The Board of County Commissioners then held a public hearing on April 22, 2010 to take public comment on the proposal. On June 16, 2010 the Board of Commissioners approved for adoption the most recent draft mineral lands designation criteria.

On September 7, 2010, the Board of County Commissioners adopted Resolution No. 14401 with annual amendments to the Thurston County Comprehensive Plan, and Ordinance No. 14402 amending the Thurston County development code. A notice was published in the Nisqually Valley News on September 24th. The notice of adoption is available by clicking here.

Soon after adoption, a challenge was issued on November 23, 2010 by several interested parties. They raised 23 issues with the adoption of the mineral lands designation criteria. The Western Washington Growth Management Hearings Board (WWGMHB) held a hearing April 13, 2011, and made its final decision May 23, 2011. The county prevailed on all but seven of the issues that were raised. These seven issues must be in compliance by November 21, 2011. Click here to see the Final Decision Order.

Planning Commission work schedule to comply with the Growth Management Hearings Board compliance order:

• July 6, 2011: Planning Commission meeting to review Growth Management Compliance Order.
  • July 6 presentation
• July 20, 2011: Planning Commission meeting to address co-designation of mineral and forest lands.
  • WAC 365-190-020, 365-190-040, and 365-190-070
  • July 20 presentation
  • July 20 summary table
• August 3, 2011: Planning Commission meeting to address co-designation of mineral and forest lands.
  • August 3 presentation
• August 17, 2011: Planning Commission meeting to review Growth Management Compliance Order.
  • August 17 Staff Report
• September 7, 2011: Planning Commission meeting to review Growth Management Compliance Order.
• September 14, 2011: Planning Commission–Work session to discuss GMA Final Decision Order.
• October 26, 2011: Planning Commission–Update on the status of the compliance order and progress of the BAS research.
• November 30, 2011: Planning Commission–Introduction of Best Available Science for Mineral Lands and Gravel Mining.
  • Fact Sheet - Sand and Gravel General Permit
  • Applied Research on Source Water Protection Issues in the Aggregate Industry, Phase 1 Findings
• December 7, 2011: Planning Commission–Review of the time line needed to be followed to in order to comply with the GMHB.
• December 21, 2011: Planning Commission–Preliminary staff report presented providing details on the compliance issues, analyses of the requirements of the Growth Management Act and its goals, an analysis of the guidance in the Washington Administrative Code, analysis of best available science for mining in relation to wetlands, riparian habitat areas, frequently flooded areas and critical aquifer recharge areas.
  • Mineral Lands GMA Compliance Issue - Preliminary Staff Report
• January 4, 2012: Planning Commission–Review and summary of recommended amendments to the Chapter 3 Natural Resources in the Comprehensive Plan and Chapter 20.30B.030 of the County Code as presented in the December 21, 2011 preliminary staff report.
  • Memorandum - Mineral Lands Recommendation Summary of Recommendations
  • Amendments for Mineral Lands Designation Criteria Compliance - Draft

Over the next few months, the Planning Commission will hold several more work sessions during their regularly scheduled meetings to address the compliance order.

Board of Commissioners work schedule to comply with the Growth Management Hearings Board compliance order:

• Dates to be announced.

Proposed Changes to Mining Reclamation Permit Requirement

Subsection 20.30B.030(1)(d) in Chapter 20.30B.030 for mineral lands designation, requires a mineral lands designation applicant to provide a Department of Natural Resources (DNR) Surface Mining Reclamation Permit prior to designation.  However, DNR will not issue a Surface Mining Reclamation Permit without county approval that (1) the proposed subsequent use of the site is consistent with the local land use designation (RCW 78.44.091(1)(a); and (2) the proposed mine is approved under local zoning and land use regulations (RCW 78.44.091(4), leaving the applicant in a “catch-22” situation.

A SEPA checklist was issued on November 8, 2008, and by June 18, 2010, DNR responded to the SEPA checklist, making comments regarding the mineral lands designation criteria, specifically, the inconsistency for reclamation permit requirement.  Staff’s intention was to consider the recommendation and make the necessary changes.  Unfortunately, the changes were inadvertently left out.  The final draft ordinance was approved by the Board on September 7, 2010 without the necessary changes.

The Planning Commission reviewed the proposed changes in order to make this correction.  A public hearing on this was held on June 1, 2011 at 7:00 PM.  Click here for the staff report regarding the meeting.  At the close of the hearing, the Planning Commission recommended to the Board of Commissioners approval on the draft regulations.  The Board of Commissioners will consider this change, along with several other remanded to the County from the Western Washington Growth Management Hearings Board at a later date.

Note: Thurston County is also working to update an ordinance that governs the permit process for mineral extraction and asphalt plants ("special use permits").  Click here for details.

Contact Us

Interested Parties: If you would like to be added to our Web Mail list, please click here. Staff contact: Olivia Story, Assistant Planner. Phone: (360) 754-3355, x5477 E-mail: storyo@co.thurston.wa.us