(1) 
Applications for a surface mining and reclamation plan permit must be made in accordance with this section, and using a form prescribed by the Planning Department. A reclamation plan must be included with a surface mining permit application. The applicant must include sufficient information to evaluate the environmental impacts of the proposed surface mining, and any other information requested by the Planning Department. The surface mining and reclamation plan permit package must include the following information and may require additional information as deemed necessary:
(a) 
A completed application form;
(b) 
Statement of interest in the property or, if not the property owner, written permission from the owner allowing the application to be filed;
(c) 
Names and addresses of the land owner, operator, and any persons acting as agents for the owner, operator or applicant;
(d) 
The names and current mailing addresses of all persons with surface and/or mineral interests in the site;
(e) 
The Comprehensive Plan land use and zoning designations;
(f) 
A description of the geologic and hydrologic conditions and characteristics in and surrounding the area to be mined;
(g) 
A map or maps depicting the following:
(i) 
Location and boundaries of all lands included in the application,
(ii) 
Topographic details of the land at a scale and contour interval sufficient to understand the topographic characteristics of the site,
(iii) 
Existing conditions including the location of all streams, water bodies, wetlands, and other sensitive areas on site and off site within 200 feet of the proposed mine,
(iv) 
Existing conditions including the location of roads, railroads, utility facilities, wells, septic tanks, drain fields, existing land uses and other existing improvements within and immediately adjacent to the site,
(v) 
The location of proposed access roads, haul roads, stockpile areas, processing areas and other improvements and facilities associated with the mining operation;
(h) 
A certified letter or report from the Tribes’ Cultural Resource Specialist shall be required which must include a description of any known or potential cultural resources on site with a determination as to whether a cultural resources survey will be required;
(i) 
An environmental report describing current conditions of all surface waters and sensitive areas, including but not limited to depth to groundwater and an assessment of the extent of adverse impacts from the proposed mining activities including, but not limited to, sensitive areas, fish and wildlife, noise, glare, dust, water and air quality;
(j) 
Demonstration of adequate stormwater management;
(k) 
A surface mining plan to include:
(i) 
A statement that proposed mining activities have been reviewed and certified by a licensed engineer that can attest to the project’s viability, and technical soundness;
(ii) 
The type of surface mining to be employed;
(iii) 
The hours of operation, types of equipment, and operational methods used for all mining activities;
(iv) 
The anticipated quantity and type of minerals for which the surface mining operation will be conducted, including an estimate of the material that will be mined annually;
(v) 
The maximum anticipated depth of the surface mining operation;
(vi) 
The location and size of the lands that will be included in the surface mining operation;
(vii) 
A description of phasing or sequencing, if any, of the surface mining operations including a schedule that will provide for the completion of surface mining on each phase or segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance;
(viii) 
Anticipated hours of operation, including any seasonal operations;
(ix) 
A description of the manner in which explosives and hazardous materials (if any) used in the surface mining operation will he handled and disposed;
(x) 
A traffic report estimating the number of anticipated trips that will be generated by the mining operation, a description of the roadways directly affected by the project, identification of the type and duration of potential impacts on all roadways within Reservation boundaries, and proposed mitigation measures to minimize or eliminate associated impacts;
(l) 
A reclamation plan to include:
(i) 
A statement of the proposed uses or potential uses of the mined lands after reclamation that is consistent with the future land use map designation and TTC Title 7; proof that any person or persons having a property interest in the land have been notified of and agree with the proposed and/or potential uses; upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Department for placement in the permanent record;
(ii) 
A description of how affected sensitive lands will be restored to support desired terrestrial and aquatic habitat functions;
(iii) 
An estimate of the amount of material needed to reclaim the site with a description of the methods and mechanisms for testing all imported materials to the site and an agreement to maintain and provide testing and import records to the Planning Department as requested;
(iv) 
An assessment of the effect of reclamation plan implementation on future mining in the area;
(v) 
Maps of the surface mine showing existing topographic contours, proposed contours of reclaimed land, locations of all roads and utility lines, locations and types of proposed access roads, boundaries of the permit area, and estimated depth to groundwater and locations of surface water and wetlands before and after mining, and total site disturbance and fill, including all phases of excavation;
(vi) 
Geotechnical report prepared by a geotechnical engineer to include at a minimum, site geology and aerial photographs, surface and subsurface drainage in the site area, slope stability, and the degree of fill compaction recommended for site reclamation;
(vii) 
Grading plan, cutting, filling and import of clean soils to create acceptable surface for reclamation;
(viii) 
Design specifications for final reclaimed slopes;
(ix) 
Description of any areas mined to produce additional materials for backfilling and grading, as well as settlement of filled areas, including but not limited to roads, building sites or other improvements;
(x) 
Disposition of old equipment, debris, construction and solid waste;
(xi) 
Temporary stream or watershed diversions, if any;
(xii) 
A revegetation plan to include species, densities, quantities, size and replacement guarantee and survival rate;
(xiii) 
An estimate of the implementation costs including itemization of the major components of the reclamation plan, and the estimated cost attributed to each phase or segment of reclamation; and
(xiv) 
Any other information relevant to the proposal deemed necessary by the Executive Director to enable a thorough review of the proposal to be conducted in accordance with this chapter.
(Res. 2018-170)
(1) 
A conceptual preapplication meeting is optional; a preapplication meeting is required once an application has been prepared.
(2) 
Surface mining is permitted only as a conditional use in certain zones pursuant to the requirements of TTC Title 7. The applicant is responsible for complying with the conditional use permit application process pursuant to Chapter 7.06 TTC, concurrently with review of a surface mining and reclamation plan permit application pursuant to this chapter.
(3) 
After an application for a surface mining and reclamation plan permit is submitted and deemed by the Planning Department to be complete, a technical review of the application is conducted, and a written review provided for permit review, pursuant to Chapter 7.06 TTC.
(4) 
After appropriate staff review, the Planning Department shall present the application to the Permit Review Committee for review and recommendations. Department staff shall consider the recommendations of the Permit Review Committee, and prepare a staff report with recommendations for consideration by the Planning Commission.
(5) 
The Planning Commission shall hold at least one noticed public hearing on the application for a surface mining and reclamation plan permit, with appropriate notice of the hearing provided to the applicant and the public, pursuant to Chapter 7.06 TTC.
(6) 
The Planning Commission shall then act to approve, conditionally approve, or deny the surface mining and reclamation plan permit.
(7) 
The Planning Department shall forward a copy of each approved surface mining and reclamation plan permit, and a copy of the financial assurance, to the Board of Directors and the Planning Commission, and if applicable, to the United States Bureau of Land Management.
(Res. 2018-170)
(1) 
The Planning Commission may approve a surface mining and reclamation plan permit, in whole or in part, with or without conditions, only if all the following findings are made:
(a) 
The proposed activities would not cause substantial harm to the environmental or cultural resources of the site or adjacent properties;
(b) 
The proposed site is suitable for the type and intensity of the proposed mining operation;
(c) 
The proposed use will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity;
(d) 
There are adequate provisions for water, sanitation, utilities and services to ensure public health and safety;
(e) 
The land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with and blends in with the surrounding natural environment, topography and other resources;
(f) 
The surface mining and reclamation plan permit has been reviewed for any adverse environmental impacts and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible; and
(g) 
The proposed activities meet the requirements of this chapter and all other relevant codes and regulations.
(2) 
If a surface mining and reclamation plan permit application fails to meet any requirement of this chapter or other relevant codes and regulations, the Planning Commission shall specify which criterion or criteria is not met and may deny such surface mining and reclamation plan permit.
(Res. 2018-170)
The Planning Commission may either approve, approve with conditions, or deny the surface mining and reclamation plan permit. A copy of the decision shall be transmitted to the applicant and any person who attended the public hearing or submits a request to the Planning Department.
(Res. 2018-170)
A permittee shall have the right to appeal to Tribal Court any decision of the Planning Commission to issue, deny or condition pursuant to this chapter. The decision of the Planning Commission on such appeal may be appealed to the Tribal Court within 10 calendar days of issuance of such decision. The decision of the Planning Commission shall be upheld unless it is found to be arbitrary and capricious. In reviewing the decision of the Planning Commission, the Tribal Court shall consider only the record that was before the Planning Commission. The decision of the Tribal Court shall be final and may not be appealed.
(Res. 2018-170)
As a condition of approval for a surface mining and reclamation plan permit, Tribal staff will evaluate continuing compliance with all permit conditions and applicable regulations including making unannounced visits to the site to evaluate such compliance.
(Res. 2018-170)
Unless a shorter or longer period is specified when initially approved by the Tribes, surface mining and plan permits shall be subject to a five-year term period to complete all mining and reclamation activities. The term period shall commence on the date of permit approval.
Any application for extension of a surface mining or reclamation plan permit whose term period is about to expire and requires more than 90 days to complete or has expired shall be filed and processed in the same manner as a new surface mining and reclamation plan permit.
(Res. 2018-170)
(1) 
Amendments to an approved surface mining and reclamation plan permit may be requested from the Planning Department at any time, detailing proposed changes from the original plan or permit. Applications shall be on a form provided by the Planning Department and shall be accompanied by a fee established by the Department.
(2) 
Any amendments to a surface mining and reclamation plan permit, unless determined to be a minor modification as described below, may be approved, denied, or approved with conditions by the same procedure as is prescribed for approval of a surface mining and reclamation plan permit.
(3) 
Minor modifications to a surface mining and reclamation plan permit may be approved by the Executive Director, consistent with TTC § 7.20.040 (Minor subdivisions), upon a written finding that the requested modification is necessary, does not constitute a “substantial change,” and that the modification is consistent with the intent of the conditions of approval.
(Res. 2018-170)
When the Executive Director finds that a permittee has violated this chapter, or the conditions of the surface mining and reclamation plan permit, the Executive Director may issue an enforcement order commanding the permit holder to rectify any such violations. At the discretion of the Executive Director, an enforcement order may also assess civil penalties and/or require the permittee to stop work on the site until all violations are corrected. Failure to comply with such enforcement order within 15 days may be grounds to suspend or revoke the permit.
(Res. 2018-170)
A permittee shall have the right to appeal to Tribal Court any decision of the Executive Director suspending or revoking a permit issued pursuant to this chapter, declaring a surface mine to be abandoned, or assessing civil penalties within 15 calendar days of issuance of such decision. The decision of the Executive Director on such appeal may be appealed to the Tribal Court within 10 calendar days of issuance of such decision. The decision of the Executive Director shall be upheld unless it is found to be arbitrary and capricious. In reviewing the decision of the Executive Director, the Tribal Court shall consider only the record that was before the Executive Director. The decision of the Tribal Court shall be final and may not be appealed.
(Res. 2018-170)
If for any reason the Executive Director determines that surface mining activities have ceased on any site for a duration of one year or greater, the surface mine shall be deemed to have been abandoned, and reclamation of the site shall be commenced and completed.
(Res. 2018-170)
When the Executive Director finds that a surface mine has been abandoned, the Executive Director shall issue a declaration of abandonment and require the owner of the site to complete reclamation in accordance with this chapter and the approved surface mining and reclamation plan permit.
(Res. 2018-170)
When the Executive Director issues a declaration of abandonment or finds that reclamation has not occurred in accordance with the surface mining and reclamation plan permit, then the Tulalip Tribes may reclaim the disturbed areas with Tribal staff, equipment, and materials, or by contract with others. The Tribes may recover the actual expenses of reclamation from any performance bond or other security obtained pursuant to this chapter, or by seeking judgment in the Tulalip Tribal Court. The permit holder shall be liable for legal costs and reasonable attorney fees for any action to recover reclamation expenses.
(Res. 2018-170)
A permit applicant may request a variance from the terms of this chapter as a part of an application submitted pursuant to TTC § 8.35.230. Variances shall be processed as set forth in TTC § 7.06.070, except that the Planning Commission shall decide whether to grant or deny a variance from this chapter.
(Res. 2018-170)