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Applications for an administrative conditional use permit or a conditional use permit on sites which meet the criteria in SCC 30.32C.010(2) and (3) shall not be denied unless the approval authority makes a finding of fact and a determination that any of the following situations exist:

(1) It is determined that the reclamation plans and operating procedures for excavations not regulated by the state pursuant to chapter 78.44 RCW proposed by the applicant are not adequate to protect the general welfare and adjoining properties or the natural environment to an extent deemed reasonable as conditioned by these local circumstances:

(a) the operation will probably endanger the health, comfort, welfare, or safety of the public by the pollution of any waters or the atmosphere, or create unusual and dangerous traffic conditions; and

(b) the operation probably will endanger life or property by the storage of explosives, unduly decreasing property values or the removal of subjacent lateral support;

(2) The applicant has ever had a previous county permit permanently revoked for cause; or

(3) The applicant has previously forfeited a security device attached to a previous operation, unless corrective measures have taken place without cost to the county or state; or

(4) The suitability of the location and the operation considering the nature and degree of surrounding development. (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. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.210).