(1) 
Surface mining and associated activities must not be detrimental to the existing, developing, or projected land use at the location of the surface mine or any adjacent area.
(2) 
Land disturbing activity, excavation and processing of minerals and other mining-related development activities, including, but not limited to, road construction, drainage facilities and detention ponds, and construction of mining related structures are subject to separate permits.
(3) 
No surface mine shall be permitted if any of the following situations exist:
(a) 
It is determined that the reclamation plan and/or operating procedures for excavation are not adequate to protect the general welfare, adjoining properties or uses, or the natural environment;
(b) 
The surface mine is likely to endanger the health, welfare, or safety of the Reservation community; or
(c) 
The applicant is presently in violation of the land use or environmental laws of the Tribes, or any permit condition, and has failed to remedy such violation(s).
(Res. 2018-170)
(1) 
A minimum 200-foot buffer shall be required between on-site crushing, processing, or recycling activities and adjacent properties.
(2) 
A minimum 100-foot buffer shall be required for the site where operations are limited to the extraction and transportation of minerals. Areas within the buffer zones may be used for earthen berms, topsoil stockpiles, fencing and egress/ingress but may require additional screening to buffer the mining operation from neighboring properties and uses. Once the extraction and transportation operations have been completed, the material in the buffer may be utilized during reclamation. Unprocessed and processed materials stockpiles, equipment storage, fueling stations, and other related accessory uses such as scales, are not allowed within the buffer zones.
(3) 
A minimum 200-foot buffer of vegetation is required between any mining activity and all surface waters, including streams, wetlands, lakes and marine waters.
(Res. 2018-170)
To limit the amount of any tracked material being carried from the mine site and being deposited on public roads, the permittee shall be required to install and maintain sufficient on-site BMPs, including, but not limited to, rock pads and mud mats at designated exit/entrance locations.
(Res. 2018-170)
(1) 
The use of explosives to extract or crush mineral resources shall be done in conformance with all applicable Tribal, State, and Federal laws and regulations. Blasting shall be conducted in a manner to prevent damage to persons or public or private property outside the permit area or adverse impacts or change in the course, channel or availability of surface or ground water outside of the permit area.
(2) 
The operator shall conduct blasting operations at times approved by the Tulalip Tribes.
(3) 
The operator shall publish a blasting schedule in a newspaper of general circulation in the locality of the blasting site at least 10 days, but not more than 30 days, before beginning a blasting program.
(4) 
The operator shall distribute copies of the schedule to each local residence within one-third mile of the proposed blasting site described in the schedule.
(5) 
Blasting logs shall be maintained and immediately provided to the Tribes upon written request.
(Res. 2018-170)
It is the responsibility of the operator to monitor disturbed areas for noxious weed infestations. Weed control measures should be implemented during operations and reclamation. This should include acceptable control methods which may require additional permit approvals.
(Res. 2018-170)
(1) 
The following are the minimum acceptable practices that must be followed in all mining and reclamation operations within the exterior boundaries of the Tulalip Reservation:
(a) 
The removal of vegetation and overburden in advance of mining must be kept to a minimum.
(b) 
Stockpiles of topsoil must be stabilized using appropriate BMPs to control sediment and erosion.
(c) 
Best management practices (BMPs) must be employed to control and prevent excessive erosion and to convey surface water runoff to natural drainage areas or into areas designed for water storage.
(d) 
Siltation of groundwater recharge areas or infiltration of toxic substances into groundwater must be prevented.
(e) 
Mine waste and overburden must be stable and may not restrict natural drainage without suitable provisions for diversion.
(f) 
Where reasonable choices exist, piles or dumps of mine waste rock and overburden most be placed in the least visible location.
(g) 
Adequate flood control is installed where operations occur in or near streams or other drainage channels.
(h) 
All reasonable measures must be taken to protect water quality, protect fish and wildlife habitat, and to prevent alteration of the course of any stream or other flowing body of water.
(i) 
Backfilling and site grading must consider compaction of fill materials in conformance with good engineering practices consistent with recommendations from the required geotechnical report to avoid excessive settlement.
(j) 
Prior to transfer, any soils imported into a mining pit and used for mining reclamation must be tested to ensure that no hazardous or toxic materials are present, and that such soils are clean.
(k) 
Old equipment, all mining wastes, and toxic materials must be removed at final reclamation.
(l) 
Final slope gradient must be stable and capable of supporting post mining use consistent with geotechnical recommendations.
(m) 
Reclamation shall include a plan for final revegetation that demonstrates the use of native species and methods to ensure the survival of plantings.
(n) 
Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance.
(o) 
Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations.
(p) 
Reclamation may be done on an annual basis, in phases compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the Planning Department.
(2) 
The Planning Department may impose additional performance standards as developed either in review of individual projects, as reasonably necessary, or through the formulation and adoption of regulations.
(3) 
Compatibility with the Tribes’ future land use map for the purpose of reclamation must be considered at the time of surface mining and reclamation plan permit approval.
(Res. 2018-170)
To ensure that reclamation will proceed in accordance with the approved surface mining and reclamation plan permit, a financial assurance in the form of a surety, bond, trust fund, or other method acceptable to the Tulalip Tribes shall be required as a condition of approval. The financial assurance, made payable to the Tulalip Tribes, must be deemed adequate to perform reclamation in accordance with the surface mining and reclamation plan permit including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, as necessary. In projecting the costs of financial assurances, it shall be assumed that the surface mining operation could be abandoned by the operator and, consequently, the Tulalip Tribes may need to contract with a third party commercial company for reclamation of the site. This assurance will remain in force until all required reclamation has been achieved pursuant to the approved surface mining and reclamation plan permit.
(Res. 2018-170)
Operator agrees to conduct monitoring activities necessary to ensure compliance with laws and regulations and as otherwise required as a condition of the permit. The Tribes reserves the right to perform monitoring should there be instances of noncompliance with permit conditions. This section shall not limit the Tribes’ right to conduct periodic and unannounced site inspections, consistent with TTC § 8.35.280.
(Res. 2018-170)
If any real personal property of the Tribes, including timber, infrastructure or roads, are damaged or destroyed by owner’s operations hereunder on or off the premises, the owner shall restore or pay for the restoration of the same to an acceptable condition and value or may, in the case of personal property, pay fair market value of the damage as compensation therefor.
(Res. 2018-170)
The operator must comply with all Tribal, State and Federal requirements for emergency actions, spills reporting, safety and human health emergencies.
(Res. 2018-170)
Issuance of a surface mining or reclamation plan permit in no way creates any responsibility for the Tulalip Tribes, pursuant to TTC § 2.05.020(3), Tribal Immunity.
(Res. 2018-170)