14.50.591.02 Regulations.
A. Application for mining permits within shoreline jurisdiction shall be accompanied by operation plans, reclamation plans and an analysis of environmental impacts sufficient to make a determination as to whether the project will result in net loss of shoreline ecological functions and processes during the course of mining and after reclamation.
B. Mining operations and subsequent uses shall not cause permanent impairment or loss of floodwater storage, wetlands or other stream corridor features and habitats. Mitigation shall provide for the replacement of impacted functions necessary to achieve no net loss of shoreline ecological function.
C. The evaluation of impacts of mining shall be integrated with relevant environment review requirements of SEPA (Chapter 43.21 RCW) and SEPA rules (Chapter 197-11 WAC).
D. New mining waterward of the OHWM or in the CMZ shall not be permitted unless:
1. Removal of specified quantities of sand and gravel or other materials is proposed at precise locations, which will not adversely affect the natural processes of gravel transportation in the water body as a whole;
2. The mining and associated permitted uses will not have significant adverse impacts on habitat for priority species or cause a net loss of shoreline ecological functions;
3. Such uses will not divert flood flows, increase the flooding of downstream or upstream flood hazard areas or threaten public or private properties; and
4. A shoreline conditional use permit is obtained.
E. In considering renewal, extension or reauthorization of mining waterward of the OHWM in locations where mining was previously conducted, compliance with subsection (D) of this section shall be required where no such review has previously been conducted. Where there has been a prior review of the mining activities, the shoreline administrator shall review the previous determinations to assure compliance under current site conditions.
F. For mining proposals that meet the definition of surface mine in RCW 78.44.031, the proposal shall be consistent with WDNR surface mine reclamation standards found in Chapter 332-18 WAC and Chapter 78.44 RCW. A reclamation plan that complies with the format and standards of Chapter 78.44 RCW shall be included with a shoreline permit application.
G. In reviewing the permit application and reclamation plan, the shoreline administrator shall determine whether the plan is consistent with the SMP and other applicable local regulations. After the applicant has been given reasonable opportunity to revise the plan, an inconsistent reclamation plan shall constitute sufficient grounds for denial of a shoreline permit. Subsequent use of reclaimed sites shall be consistent with the shoreline environment designation and the use criteria provisions of the SMP.