Chapter 5.24
MINING EXPLORATION PERMITS*
Sections:
5.24.050 Permits—Required when.
5.24.070 Permits—Administrative authority.
5.24.090 Permits—Application review.
5.24.100 Permits—Approval stipulations.
5.24.110 Permits—Approval or disapproval.
5.24.140 Appeals consideration.
5.24.150 Minimum requirements for mineral exploration.
5.24.160 Compliance with chapter provisions required.
5.24.170 Exploration discontinuance.
5.24.180 Enforcement of chapter provisions.
* Prior history: Res. 84-45.
5.24.010 Applicability.
Exploration for the existence of mineral deposits on any parcel of land in the unincorporated area of Chelan County shall proceed in compliance with this chapter. (Res. 92-101 (part), 6/30/92).
5.24.020 Conformity.
All exploratory work shall proceed in conformance with all applicable resolutions and codes adopted by Chelan County. (Res. 92-101 (part), 6/30/92).
5.24.030 Administration.
The Chelan County planning director, or his designated representative, hereafter referred to as the administrator, is vested with the duty of administering this chapter within the unincorporated areas of Chelan County, and may prepare and require the use of such forms as are essential to their administration. (Res. 92-101 (part), 6/30/92).
5.24.040 Definitions.
Whenever the following words and phrases appear in this chapter they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word “shall” is mandatory, and the word “may” indicates a use of discretion in making a decision.
“Administrator” means the Chelan County planning director or his designated representative, who is vested with the duty of administrating land use regulations within the unincorporated areas of Chelan County.
“Area of disturbance” means that area of land which has undergone physical alteration to the natural topography and/or vegetation as a consequence of mining exploration.
“Explored lands” means the surface, subsurface and water of an area in which mineral exploration is being or has been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, waste, and areas on which structures, facilities, equipment, machines or other materials used in exploring operations are located.
“Hobby mining” means the activity of part-time or weekend prospectors who do only negligible disturbance without the aid of mechanized earth-moving equipment except dredges.
“Mine development” means the preparation of a surface or subsurface area for commercial mining including noncommercial extraction of ore bearing or non-ore bearing rock, excavation for open pit, declines, adits, drifts, shaft construction or any surface construction or excavation.
“Mineral exploration” shall means ordinary grading, construction of roads or platforms, core sampling and drilling, of lands for determining the feasibility of the extracting of solid minerals.
“Reclamation of explored lands” means the combined process of land treatment that mitigates water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from exploration, including all associated lands, so that explored lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and minimize danger to the public health, safety and welfare. This process may extend to back-filling, to original grades and previous natural conditions. (Res. 92-101 (part), 6/30/92).
5.24.050 Permits—Required when.
An exploration permit shall be obtained prior to the commencement of exploration for the existence of or the expansion of the area disturbance of an existing exploratory site for solid minerals on any parcel of land in unincorporated Chelan County. (Res. 92-101 (part), 6/30/92).
5.24.060 Permits—Exemptions.
The following shall be exempt from exploration permits:
(1) Hobby mining;
(2) Parcels of state or federal land which have operation and rehabilitation plans approved by a state or federal agency. (Res. 92-101 (part), 6/30/92).
5.24.070 Permits—Administrative authority.
The administrator of this resolution is vested with authority to approve or disapprove exploration permits based on adequacy of plans as outlined in Section 5.24.150. (Res. 92-101 (part), 6/30/92).
5.24.080 Permits—Application.
Any person desiring approval of an exploration permit, shall file with the administrator a completed application for an exploration permit and two copies of a drawing of the proposed exploration area with written data which discloses the following information:
(1) Legal description of the area to be explored;
(2) The names, addresses and telephone numbers of all persons holding interests in the land;
(3) The locations of roads existing and other natural features affecting existing roads;
(4) A layout of proposed roads, exploration sites and easements; both on-site and those off-site which lead to the area of exploration;
(5) Approximate location of natural drainage ways;
(6) Adequate drainage calculations to support drainage way improvements proposed;
(7) Drainage plans for roads, platforms or any disturbed area;
(8) Dust abatement plan;
(9) Operational methods plan (including hours of operation and duration of exploration);
(10) Detailed rehabilitation plan (including an estimation of cost);
(11) Fire protection plan;
(12) Location of residential structures within 500 feet of a proposed drill site. (Res. 92-101 (part), 6/30/92).
5.24.085 Permits—Fees.
The following fees shall be charged for mining permits: For an exploratory mining permit, one thousand dollars; for a bond or financial surety approval, one hundred thirty-five dollars; for a revision to a mining permit, three hundred thirty-five dollars. (Res. 92-14 (part), 1/14/92).
5.24.090 Permits—Application review.
(a) If the administrator determines that the plans submitted contain sufficient data to furnish a basis for its approval or disapproval, and that the drawing of access and on-site roads is adequate to aid the county engineer in recommending acceptance of the drainage and reclamation plans, the administrator shall affix a file number and date of receipt to the application, and within ten working days shall distribute copies of the application to those agencies listed below, which, in his judgement, should make a review. Upon receipt of the application the agencies shall, within ten working days return their written comments—otherwise, failure to respond will be interpreted as no concern to the application.
(1) County engineer;
(2) Chelan-Douglas health district;
(3) Appropriate fire protection official;
(4) Department of Natural Resources;
(5) Washington Department of Transportation (if access road attached to state highway);
(6) U.S.F.S. (if abuts a National Forest Service property);
(7) Other appropriate agencies.
(b) A notice of proposed mineral exploration shall be sent to property owners within five hundred feet of the exterior boundaries of the property where mineral exploration is being conducted. Property owners shall be allowed ten working days to respond to the notice of proposed mineral exploration before any action is taken on the application. (Res. 92-101 (part), 6/30/92).
5.24.100 Permits—Approval stipulations.
The administrator shall approve an exploration permit when all of the following exist:
(1) When it is found the public interest will be protected by approval of the exploration permit and the application indicates compliance with Section 5.24.150;
(2) When a drainage and reclamation plan has been approved by the county engineer;
(3) When operational plans are completed which detail the duration and intensity of the exploration;
(4) When the applicant has signed an undertaking for the reclamation of explored lands approved by the administrator and the county engineer, with performance guaranteed by an adequate financial surety held by a United States institution located within the continental United States in U.S. dollars to the amount of one hundred fifty percent of the estimated cost of reclamation, and approved by the prosecuting attorney. This surety shall be retained for one year after the end of the growth season following the completion of reclamation. (Res. 92-101 (part), 6/30/92).
5.24.110 Permits—Approval or disapproval.
Within thirty working days, excluding Saturday, Sunday and holidays, following filing a complete application, or such additional time period as the applicant may authorize, the administrator shall approve or disapprove the exploration permit, based on written findings, and immediately notify the applicant. (Res. 92-101 (part), 6/30/92).
5.24.120 Notice of action.
Following approval, the administrator shall file a notice of action and publish it in a newspaper of general circulation in the area affected by the permit. Such notice shall generally describe the area of the exploratory work and the action taken. Notice of action shall also be mailed to any property owner requesting such notice. Notice of action shall not be required for minor modifications or time extensions to existing mineral exploration permits in remote areas. (Res. 92-101 (part), 6/30/92).
5.24.130 Appeals.
Any decision of the administrator may be appealed by any interested person to the board of Chelan County commissioners within ten working days, excluding Saturdays, Sundays and holidays, after the notice of action has been published. If the administrator disapproves the application, the applicant shall have ten working days, excluding Saturdays, Sundays and holidays, to file an appeal. Notice of appeal shall be in writing and shall be filed with the board of Chelan County commissioners. Appeals shall state what permit is being appealed and the reason for the appeal. Work shall not begin until the end of the ten-day-appeal period. In the event an appeal is filed, work related to the exploratory permit shall not begin until the appeal is resolved. (Res. 92-101 (part), 6/30/92).
5.24.140 Appeals consideration.
The board of Chelan County commissioners, following proper legal notification, shall consider appeals to decisions made by the administrator, together with such other evidence as it deems relevant, and shall either affirm, reverse or modify those decisions. (Res. 92-101 (part), 6/30/92).
5.24.150 Minimum requirements for mineral exploration.
The following are deemed to be the minimum requirements for mineral exploration:
(1) Drill rigs and accessory equipment shall not be located closer than 500 feet from any residential use structure without written permission from the property owner.
(2) Noise generated by mineral exploration activities shall not exceed the standards set forth in WAC 173-60-040.
(3) Waste drill fluids generated on-site shall be contained on-site and/or transported from the site and disposed of in an environmentally safe manner.
(4) Drill fluid pits shall be fenced to prevent access.
(5) Approved drainage plan, dust abatement plan, noise abatement plan, operational methods plan, rehabilitation plan and financial surety and fire protection plan.
(6) Electric powered drills shall be required when residential densities exceed ten dwelling units within a five-hundred-foot radius of the drill site. Diesel generators shall not be used as the power source for electric drills. (Res. 92-101 (part), 6/30/92).
5.24.160 Compliance with chapter provisions required.
Any person exploring any parcel of land for solid minerals without complying with the provisions of this chapter, shall be deemed to be in violation of this chapter. (Res. 92-101 (part), 6/30/92).
5.24.170 Exploration discontinuance.
If mineral exploration on any parcel of land shall be abandoned or discontinued for a period of ninety days, and reclamation not completed as identified in approved plans, Chelan County shall claim the required surety and proceed with reclamation. (Res. 92-101 (part), 6/30/92).
5.24.180 Enforcement of chapter provisions.
In addition to the criminal sanctions, this chapter may be enforced by the prosecuting attorney by civil action for injunctive, declaratory or such other relief as necessary to ensure that mining exploration shall not be conducted, except as authorized by permit as provided in this chapter, and that any degradation of the environment caused by mining exploration shall be restored to its previous natural condition or in accordance with any undertaking for the reclamation of explored lands, as provided by any applicable exploration permit. (Res. 92-101 (part), 6/30/92).
5.24.190 Violation—Penalty.
Any person who conducts any mining exploration in violation of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or by such imprisonment and fine. (Res. 92-101 (part), 6/30/92).