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(1) Performance standards, permit procedures and requirements, and decision criteria for excavation and processing of minerals related to designated mineral resource lands are established under this chapter. In granting an administrative conditional use permit or a conditional use permit for mineral excavations, the following conditions shall apply in all cases, except when more restrictive conditions are imposed by the approval authority:

(a) The operator shall bury or remove all metal, lumber, or other refuse on the site in a method approved by the hearing examiner;

(b) After completion of excavation operations, the operator shall dismantle and remove within three months all equipment introduced to the site in support of the operations, with the exception of equipment necessary for reclamation for excavations not regulated by the state pursuant to chapter 78.44 RCW, which equipment shall not be removed until such reclamation is completed to the satisfaction of the state or local authorities. For excavations regulated by the state pursuant to chapter 78.44 RCW, removal of reclamation equipment shall be determined by the applicable reclamation plan. This three-month period shall not be assumed to include time between projects or times when the plan is temporarily inoperative due to economic, weather, or other similar conditions recognized as reasonable by the hearing examiner. Such temporary discontinuance of operations shall not be the cause for removal of equipment;

(c) All excavation operations and trucking directly related to such operations may be permitted only between the hours of 7:00 a.m. and 5:30 p.m., Monday through Saturday, unless the approval authority determines that no nuisance exists, or that unusual and justifying circumstances are present, in which case the relaxation of this regulation shall terminate when such conditions and circumstances are deemed by the hearing examiner to no longer exist;

(d) If property to be developed for excavation has an exterior boundary line which shares a common property line with developed property, or if in the judgment of the approval authority, the nature and location of the operation is such as to constitute a hazard to public safety, then a solid wall or fence at least five feet in height shall be installed and maintained at least 50 feet from the excavated area. All openings in the fence shall be barred by locked gates when the permittee or the permittee’s agent are not on the premises;

(e) The area shall be posted with signs having letters at least three inches high and two inches wide, giving clear warning of the dangerous conditions resulting from the excavation. The signs shall be not more than 50 feet apart around the periphery of the subject property and shall be maintained in good repair until excavation and reclamation operations are completed; and

(f) One copy of approved excavation and reclamation plans and specifications for reclamation of excavations not regulated by the state pursuant to chapter 78.44 RCW shall be kept on the site at all times during the progress of the excavation operation.

(2) In no case shall mineral operations impair lateral support or cause earth movements or erosion to extend beyond the exterior boundary lines of property being excavated.

(3) Impacts resulting from traffic generated by mineral operations shall be addressed pursuant to chapter 30.66B SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).