A. At the initial approval of an operations permit, a master permit will be given for the lifetime of the mineral resource at the mining site. These mines must be located within the city’s comprehensive plan designated mineral resource areas. Mines located outside the city’s comprehensive plan designated mineral resource areas may be granted a permit for up to 10 years and may be renewed but will be treated as a new application.

B. Operations under a master permit must be reviewed by the planning director at the end of each subsequent 10 years. The operator of the mine must submit to the planning director, at least six months prior to the end of each 10-year period, evidence that the mining operation is in compliance with the conditions of the master permit and the standards contained within this chapter. This evidence shall include the submittal of the existing topography in a computer disk form that is compatible with the city’s system. The operator shall also provide an estimate of the amount of material that has been removed, an estimate of when mining is to be complete, identification of any areas where mining has been completed and whether restoration has begun or is anticipated to begin.

C. The master permit shall remain in effect if it is found the operations are in compliance with the conditions of the master permit, the standards contained within this chapter, and there have been no significant adverse impacts that have occurred that were not previously identified and effectively mitigated.

D. If the planning director determines that operations are not in compliance with the conditions of the master permit or the standards contained within this chapter, or that significant adverse impacts have resulted from the operation and have not been mitigated, then the planning director shall so advise the mining operator in writing within 90 days from receipt of the materials provided by the mining operator under subsection B of this section. If the planning director determines that operations are not in compliance with the conditions of the master permit, the planning director shall advise the mining operator of any noncompliance and proposed corrections/revisions, including a time frame during which such corrections/revisions are to be made. If significant adverse impacts have occurred that were not previously identified and mitigated, the planning director shall advise the mining operator of any required corrections/revisions to the master permit to include such mitigation. If new operation standards have been adopted pursuant to this chapter the planning director shall advise the mining operator of any required revisions to the master permit to reflect the new standards, if determined applicable and practical by the planning director.

The mining operator shall have 90 days from receipt of the planning director’s notice under this subsection to make the required corrections/revisions or to appeal the planning director’s decision to the hearing examiner pursuant to Chapter 2.46 ACC. The hearing examiner may affirm, modify, or disaffirm the planning director’s determination. If the mining operator does not appeal the planning director’s determination, then the mining operator shall make the corrections/revisions proposed by the planning director and the master permit shall be modified to incorporate the revisions/corrections. If the mining operator does not make the corrections/revisions as required by the city, then the building official shall proceed with enforcement action under Chapter 1.25 ACC.

E. If permits for mines located outside the city’s comprehensive plan designated mineral resource area are not renewed, then the surface mining operations shall cease and the mine reclaimed pursuant to the requirements of Chapter 78.44 RCW. (Ord. 6442 § 23, 2012; Ord. 5060 § 1, 1998.)