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Any surface mining of material shall only be allowed after a surface mining operations permit has been issued, after a public hearing. A request for a surface mining operations permit shall be heard by the hearing examiner in accordance with the provisions of Chapter 2.46 ACC. The hearing examiner’s approval of the permit may require mitigating conditions of approval as well as financial guarantees to ensure compliance with the permit and the provisions of this chapter. The hearing examiner’s determination shall be final unless appealed to the superior court in which the subject property is located, and which appeal shall be in accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes.

A. Application. All requests for a surface mining operations permit shall be accompanied by an application and shall contain the following:

1. Geotechnical Report. Each application shall be accompanied by a current, within 180 days, report, prepared by a licensed engineer. The report shall contain data regarding the nature, type, distribution and strength of materials, slope stability and erosion potential, and a statement that the site contains material of a commercial quality and quantity.

2. Storm Drainage and Erosion Control Plan. A conceptual storm drainage and erosion control plan shall be submitted with each application and shall be approved by the public works department prior to the mining permit being approved. A final storm drainage and erosion control plan must be approved prior to any materials being removed. The plan must also address the continued maintenance and operation of the storm drainage and erosion control system, and, if determined necessary by the city, a performance bond or similar financial guarantee shall also be provided to guarantee the maintenance and operation of the system.

3. Haul Routes. A haul route plan, including a traffic study indicating traffic volumes along the haul route(s), shall be submitted with each application which shall illustrate which public streets will be used. The haul route plan may also require that hauling be restricted during peak traffic times. Traffic impact mitigation, including pavement impacts, street maintenance and repair, will also be addressed as part of the haul route plan.

4. Dust Control. A dust control plan shall be submitted which shows how dust will be controlled within the mining site and on the public streets.

5. Site Plan. Each application shall be accompanied by a site plan and shall illustrate the following:

a. Vicinity map;

b. Name, address and phone number of property owner and/or mining operator including an emergency contact person;

c. Name, address and phone number of engineer or agent;

d. Starting date of mining;

e. Estimated completion date of mining;

f. Hours of operation;

g. Fence detail, if any;

h. Location of utility lines affected by mining;

i. Location of structures;

j. Location of accessory uses such as crushers, sorters, or scales;

k. Existing contours, drawn at five-foot intervals and indicated by light dashed lines;

l. Proposed contours, drawn at five-foot intervals and indicated by solid dark lines;

m. Cross sections shall be taken at or near each property line and then spaced at 300-foot intervals thereafter. Cross sections shall be taken in both north/south and east/west directions. Additional cross sections may be required if necessary to determine the impacts of the proposal;

n. Boundaries and dimensions of the site;

o. Cubic yards of material to be mined;

p. Any on-site existing water supply wells, monitoring wells, or other types of wells, on record with the Department of Ecology or observable in the field. Driller logs of these wells shall be included, if available;

q. The location of existing or proposed hazardous substance use within the boundary of the proposed mining operation;

r. The location of existing or proposed groundwater withdrawal within the boundary of the proposed mining operation;

s. The location of existing or proposed artificial groundwater recharge within the boundary of the proposed mining operation;

t. The general location of the initial mining activity and how it is anticipated to progress throughout the mining site;

u. A site entrance plan showing traffic control signage and devices, channelization, and layout of the driveway access to the public streets;

v. Parcel numbers and legal description of the entire mining site.

The site plan shall be properly dimensioned, include a north arrow, and drawn at a scale not less than one inch equals 40 feet and on a sheet size 24 inches by 36 inches more sheets may be allowed if necessary. A reproducible Mylar and 10 copies of the site plan shall be submitted at the time of application. The scale of the drawing and sheet size may be modified by the planning director for larger projects. (Ord. 6442 § 22, 2012; Ord. 6185 § 3, 2008; Ord. 5060 § 1, 1998.)