30.67.560 Mining.
Mining is the removal and primary processing of naturally occurring materials including sand, gravel, rock, soil, peat or precious metals for economic use. Mining activities also include in-water and in-channel dredging activities related to mineral extraction.
(1) The following general regulations apply to mining activities in shorelines:
(a) Mining activities are allowed in shoreline jurisdiction only when necessary as an integral part of the following project types:
(i) Ecological restoration or enhancement;
(ii) Flood hazard management, provided that:
(A) The project is recommended in a Snohomish County flood hazard management plan and is consistent with chapter 30.65 SCC and SCC 30.67.540; and
(B) A geotechnical or engineering analysis demonstrates that the proposed mining will result in long-term flood hazard reduction benefits;
(iii) To alleviate an emergency situation as defined in SCC 30.91E.100 and subject to the following conditions:
(A) The mining activity is the minimum necessary to alleviate the emergency situation;
(B) The permit procedures for emergency modifications or construction in SCC 30.67.470 are satisfied; and
(C) When related to alleviation of a flood hazard emergency, the mining activity meets the standards in SCC 30.44.280;
(iv) Mineral extraction and use for forest practices, provided that:
(A) The mining activity is conducted more than 200 feet from the ordinary high water mark of shorelines of statewide significance; and
(B) The appropriate notifications, approvals or permits are obtained pursuant to chapter 76.09 RCW;
(v) Removal of mineral resources deposited above the ordinary high water mark by flood events onto designated agricultural lands under the county’s comprehensive plan for the purpose of maintaining or restoring land for agricultural activities; or
(b) Removal of mineral resources shall comply with the following standards:
(i) The mining activity shall not occur in critical saltwater habitat, primary association areas for critical species, or in salmonid spawning habitat except in conjunction with an approved habitat restoration or enhancement project;
(ii) Mining activities shall not disrupt natural hydrology or sedimentation processes including but not limited to littoral drift, accretion, feeder bluffs or other sediment transport;
(iii) Mining activities shall not result in channelization of normal stream flows, interfere with natural hydraulic processes such as channel migration, undermine existing structures or downstream stream banks, or increase risk of stream avulsion;
(iv) Mining activities shall not result in a net loss of shoreline ecological functions or impair migration of anadromous fish; and
(v) Mining activities waterward of the ordinary high water mark of a river, including bars and islands, shall not be permitted unless:
(A) Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole;
(B) The mining and any associated permitted activities will not have significant adverse impacts on habitat for critical species or cause a net loss of ecological functions of the shoreline;
(C) The determinations made pursuant to SCC 30.67.560(1)(b)(v)(A) and (B) shall be made consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Such evaluation of impacts should be appropriately integrated with relevant critical area and environmental review requirements pursuant to chapters 30.61, 30.62A and 30.62B SCC; and
(D) In considering renewal, extension or reauthorization of gravel bar and other in-channel mining operations in locations where they have previously been conducted, the department shall require compliance with the SMP and chapter 30.32C SCC.
(c) Permit requirements for mining should be coordinated with the requirements of chapter 78.44 RCW and chapters 30.32C and 30.44 SCC.
(d) Mining activities which meet the definition of "dredging" in SCC 30.91D.445 shall comply with SCC 30.67.530.
(e) Mining within any channel migration zone that is within shoreline jurisdiction shall require a shoreline conditional use permit.
(f) Proposed subsequent use of mined property shall be consistent with the provisions of the shoreline environment designation in which the property is located and reclamation of disturbed shoreline areas shall restore all shoreline ecological functions adversely impacted by the mining activities.
(2) In addition to the general regulations contained in SCC 30.67.560(1), the following shoreline environment designation-specific regulations for mining apply:
(a) Mining activities allowed pursuant to SCC 30.67.560(1)(a) are conditionally permitted in all shoreline environments, except that mining activities related to forest practices as described in SCC 30.67.560(1)(a)(iv) are permitted in the Resource and Municipal Watershed Utility environments unless subject to a conditional use permit pursuant to SCC 30.67.560(1)(e).
(b) Except when allowed pursuant to SCC 30.67.560(1)(a), mining activities for the sole purpose of obtaining fill or commercial sale or processing of mineral resources are prohibited in all shoreline environments.
(c) Non-conforming mining activities are subject to the requirements in SCC 30.44.125. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).