This code shall be known and may be cited as the Tulalip Tribes Surface Mining Code.
(Res. 2018-170)
Mining constitutes a legitimate and permissible activity that has the potential to beneficially or adversely impact the community, natural areas, and economics of the Tulalip Tribes. The Tulalip Tribes Board of Directors finds that the extraction of minerals by surface mining within the Tulalip Reservation has the potential to provide revenues and employment to the Tulalip community, as well as significantly affect the natural and cultural resources of the Tulalip Tribes, including the lands and waters of the Tribes, and the health, safety, and welfare of the Reservation community. Therefore, surface mining on any lands within the Tulalip Reservation shall be regulated by this chapter to ensure that:
(1) 
The adverse environmental and other effects of surface mining will be prevented or minimized, and that mined lands will be reclaimed to usable condition to provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands;
(2) 
The reasonable production and conservation of minerals are encouraged while avoiding or minimizing adverse effects on the environment, including, but not limited to, geologic subsidence, unstable slopes, air pollution, water quality degradation, damage to wildlife resources, flooding, erosion, and noise pollution;
(3) 
The reclamation of mined lands will be carried out in such a way that the continued mining of valuable minerals will not be unreasonably precluded; and
(4) 
Residual hazards to the public health and safety will be minimized.
(Res. 2018-170)
The provisions of this chapter shall take effect upon adoption by the Tulalip Tribes Board of Directors with an effective date of May 4, 2018.
(Res. 2018-170)
The general intent of this code is to regulate the location, construction, installation, alteration, design, operation, use, and reclamation of surface mines within the Reservation while considering the appropriate resource conservation objectives of the Tulalip Tribes. The purpose of this chapter is to establish standard regulations and procedures to govern all aspects of surface mining within the Tulalip Tribes Reservation for the excavation and processing of minerals so to: prevent or minimize adverse effects; protect existing and planned adjacent land uses from significant conflicts or adverse impacts; protect cultural and natural resources; ensure that mineral excavation, processing and transport are conducted consistent with the health, safety, and welfare of the Reservation community; assure mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses; encourage the protection and conservation of mineral resources, while giving consideration to values relating to cultural, recreational, and aesthetic enjoyment.
(Res. 2018-170)
(1) 
Unless exempted by the provisions of this chapter, any person or persons, partnership, or corporation, or other association of persons natural or artificial, including any public or governmental agencies who propose to engage in surface mining within the exterior boundaries of the Tulalip Reservation or any lands within the jurisdiction of the Tulalip Tribes, or who propose to allow another to engage in surface mining on his or her property must, prior to the commencement of surface mining, obtain from the Tulalip Tribes a surface mining and reclamation plan permit in accordance with the provisions set forth in this chapter and financial assurances for reclamation.
(2) 
This chapter shall apply to (a) all mining operations that are not defined in TTC § 8.35.110 as “preexisting nonconforming” and (b) all minor modifications or substantial changes to any surface mining or reclamation plan permit.
(3) 
Activities permitted pursuant to this chapter are limited to extraction, washing, crushing, stock-piling, transporting and recycling of clean materials and the primary reduction, treatment, and processing of minerals and materials together with any necessary accessory buildings, and subject to applicable conditional use permit requirements.
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If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.
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The purpose of this code is to establish a local program for surface mining operations. The code is not intended to repeal, abrogate, annul, impair or interfere with any existing laws, regulations, ordinances, rules, standards or permits that are not specific to mining operations previously adopted by the Tulalip Tribes including Federal regulations that govern mineral leases and associated permits overseen by the Bureau of Indian Affairs (BIA) and the Bureau of Land Management (BLM). For Indian lands within the State of Washington, this includes appropriate portions of 25 CFR Parts 211, 212, and 216 and appropriate parts of 43 CFR 3500 and 3590.
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In both interpretation and application, this code shall be held to be the applicable requirements for mining within the Tulalip Tribes Reservation. Where any terms or requirements of this code may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply.
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(1) 
This chapter does not apply to (a) extraction of minerals below the threshold constituting a “surface mine” as defined by TTC § 8.35.110, (b) excavation, grading, road maintenance or filling of the land for construction purposes that are not related to mining activities, (c) forest or farm road construction, (d) for public safety or restoring the land following a natural disaster, or (e) removing stockpiles.
(2) 
However, a grading permit shall be required, pursuant to TTC § 7.14.060 prior to extraction of minerals in any quantity, even where the extraction of minerals falls below the threshold constituting a “surface mine” as defined by this code.
(Res. 2018-170)
The following terms shall have the meanings given them for purposes of this chapter unless a different meaning is specified, or the context clearly demonstrates something different:
(1) 
Best Management Practices (BMPs).
BMPs are proven methods employed to control and prevent excessive erosion and pollution and to convey surface water runoff without damage to Tulalip natural resources. They are designed to address both quantity and quality of stormwater runoff. BMPs are schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or structural features (silt fences, vegetated swales, detention ponds, etc.) that prevent or reduce pollutants or other adverse impacts to Tulalip waters. BMPs cover management of the volume and timing of stormwater flows, prevent pollution from on-site sources, and treat runoff to remove sediment and other pollutants.
(2) 
“Disturbed area”
means any place where activities clearly in preparation for, or during, surface mining have physically disrupted, covered, compacted, moved, or otherwise altered the characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity. Disturbed areas may include but are not limited to: working faces, water bodies created by mine-related excavation, pit floors, the land beneath processing plant and stockpile sites, spoil pile sites, and equipment staging areas.
(3) 
“Mineral” or “minerals”
refers to clay, coal, gravel, metallic substances, sand, stone, topsoil, and any other similar solid material or substance to be excavated from natural deposits on or in the earth for commercial, industrial, or construction use.
(4) 
“Minor modification”
means a change to a surface mining or reclamation plan permit that does not constitute a substantial change.
(5) 
“Noxious weeds”
are defined by the Washington State Noxious Weed Control Board as nonnative, highly destructive, invasive, competitive, and difficult to control or eliminate. These exotic species not only reduce crop yields and destroy native plant and animal habitat, but they can damage recreational opportunities, clog waterways, lower land values, and poison humans and live-stock.
(6) 
“Preexisting nonconforming mine”
means a preexisting mining operation which (a) was permitted by the Tribes prior to the effective date of this chapter, now or hereafter amended, or (b) existed prior to 1995.
(7) 
“Reclamation”
means the implementation of procedures, during and after an exploration or mining operation, intended to minimize and/or mitigate the disruption of Reservation resources resulting from the operation and to protect Reservation resources and the health, safety, and welfare of future economic interests of the Reservation population by providing for subsequent beneficial use of affected lands through the rehabilitation of plant cover, soil stability, water resource, and other appropriate measures.
(8) 
“Reclamation plan”
means a detailed and comprehensive written plan, in accordance with provisions of this chapter, which has been approved as part of a surface mining and reclamation plan permit application describing the steps that will be taken after mining has been completed to ensure the land has been either (a) rehabilitated to its natural, pre-mining condition with approximate original contours restored or (b) is graded and readily adaptable for “higher and better” post-mining land uses consistent with the Tulalip Tribes Comprehensive Plan.
(9) 
“Substantial change”
means a change or expansion to a preexisting or approved surface mining operation or reclamation operation that substantially affects the original scope of the operation. Substantial change includes one or more of the following:
(a) 
Any change that results in an increase of affected land area by one acre or 10 percent, whichever is less;
(b) 
Any increase in depth or prescribed slope dimensions beyond the preexisting operation or approved permit;
(c) 
An increase in intensity or change of use which was not part of the preexisting operation or approved permit;
(d) 
An extension of the preexisting or approved operation onto additional parcels of land;
(e) 
An extension to the terms of the original approved mining permit beyond the five-year term period where the permittee has commenced mining activities and requires more than 90 days to complete the permitted mining activities.
(10) 
“Surface mine” or “surface mining”
shall mean any area or areas in close proximity to each other where extraction of minerals results in one or more of the following:
(a) 
More than one acre of disturbed area, including the result of mineral prospecting or exploration activities;
(b) 
Surface mined slopes are greater than 30 feet high and steeper than one foot horizontal to one foot vertical;
(c) 
Surface mines include mineral extraction from the surface or subsurface when the disturbed area exceeds the size or thresholds listed in subsection (10)(a) of this section;
(d) 
Surface mining occurs when operations have created or are intended to create a surface mine as defined by this subsection.
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