CHAPTER 4-6 AGGREGATE DEVELOPMENT & RECLAMATION ACT (2018)

CHAPTER 4-6 AGGREGATE DEVELOPMENT & RECLAMATION ACT

4-6-1

Findings

Surface aggregate (rock, gravel, and sand) of the Reservation and the lands on which they lie are resources

of great value to the Tribe and its members, and its extraction through aggregate development is an activity

that can make important contributions to the well-being of the Reservation. Since exploration and aggregate

development activities extend over a long period of time and may pose environmental hazards with

irreversible impacts, preventative rather than corrective or remedial measures are a more effective and more

economical way to control adverse water quality and other human and environmental impacts which may

be associated with such activities. In addition, full reclamation of land affected by exploration and aggregate

development activities upon completion of aggregate development is necessary to protect the

Reservation population and environment. The regulation of all exploration and aggregate development

activities and reclamation of affected land on the Colville Reservation through implementation of this

Chapter is necessary to protect the Reservation resources, economy, health, safety and welfare of the

Reservation population and to protect the authority of the Confederated Tribes of the Colville Reservation to

effectively govern the Reservation for these purposes.

(Amended 9/2/10, Certified 9/9/10, Resolution 2010-620)

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-2

Definitions

For the purpose of this Chapter the following words and phrases shall have the meaning ascribed to them in

this section.

(a) “Aggregate” means coarse particulate material used primarily in construction, including sand, gravel,

and stone.

(b) “Aggregate development” means the excavation, removal, and processing of aggregate, including the

removal of vegetation and overburden necessary to expose the aggregate. Prospecting and exploration

activities shall be included within the meaning of this term when the removal of geologic sample

materials exceeds a cumulative total in excess of one ton. Aggregate development shall exclude

excavations or grading used primarily for on-site construction and on-site road construction and

maintenance.

(c) “Airborne particulate Materials” are minute airborne liquid or solid particles (such as dust, fume, mist,

smog, and smoke) that cause air pollution. Airborne particulate materials may vary greatly in color,

density, size, shape, and electrical charge, from place to place and from time to time.

(d) “Applicant” means the person signing the application who is responsible for compliance with all

provisions of this Chapter.

(e) “Borrow pit” means an excavation site outside the limits of construction to provide material necessary

to that construction, such as fill material for the embankments.

(f) “Critical aquifer recharge areas” means areas with a critical recharging effect on aquifers used for

potable water.

(g) “Colville Environmental Quality Commission” or “CEQC” means the environmental administrative

appellate body of the Confederate Tribes of the Colville Reservation, provided for in Chapter 4-23 of

the Colville Tribal Code [See also Chapter 2-4 Administrative Procedure Act.]

(h) “Department” means the Environmental Trust Department of the Confederated Tribes of the Colville

Reservation.

(Amended 9/2/10, Certified 9/9/10, Resolution 2010-620)

(i) “Disturbed area” means any place where activities clearly in preparation for, or during, aggregate

(June 2018 version Chapter 4-6)

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development have physically disrupted, covered, compacted, moved, or otherwise altered the

characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity. Disturbed

areas may include but are not limited to: working faces, water bodies created by related excavation, pit

floors, the land beneath processing plant and stock pile sites, spoil pile sites, borrow pits and

equipment staging areas. Disturbed areas shall also include waste rock sites and tailing facilities.

Disturbed areas do not include lands that have been reclaimed to all standards outlined in this chapter,

rules of the Department, any applicable NEPA document, and the approved reclamation plan. .

(j) “Operations” means all aggregate development-related activities exclusive of reclamation that include

but are not limited to activities that affect noise generation, air quality, surface and ground water

quality, quantity, and flow, glare, pollution, traffic safety, ground vibrations, and/or significant or

substantial impacts commonly regulated under provisions of land use or other permits of Tribal law.

Aggregate development operations specifically include:

(1) The extraction of rock, stone, gravel, sand, and earth;

(2) Blasting, equipment maintenance, sorting, crushing, and loading;

(3) On-site aggregate processing including asphalt or concrete batching, concrete recycling, and

other aggregate recycling;

(4) Transporting materials to and from the aggregate site, on-site road maintenance, road

maintenance for roads used extensively for aggregate development activities, traffic safety,

and traffic control; and

(5) Related milling facilities which are not adjacent to or in the vicinity of the aggregate operation

producing the material to be milled and which process aggregate products by treatment or

concentration

(k) “Operator” means any person engaging in aggregate development operations except an employee with

wages as their sole compensation.

(l)

“Overburden” means the earth, rock, soil, and topsoil that lie above aggregate deposits.

(m) “Person” means any individual, partnership, private, public, Tribal or municipal corporation, Tribal

enterprise, county, the Department, or and Tribal, state, or local governmental entity, or association of

individuals of whatever nature.

(n) “Reclamation” means the implementation of procedures, during and after an exploration or aggregate

development operation, intended to minimize and/or mitigate the disruption of Reservation resources

resulting from the operation and to protect Reservation resources and the health, safety, and welfare of

the Reservation population by providing for subsequent beneficial use of affected lands through the

rehabilitation of plant cover, soil stability, water resource, and other appropriate measures. Although

both the need for and the practicability of reclamation will control the type and degree of reclamation

in any specific aggregate development site, the basic objective shall be to reestablish on a perpetual

basis the vegetative cover, soil stability, and water conditions appropriate to the approved subsequent

use of the aggregate development site and to prevent or mitigate future environmental degradation.

(o) “Reservation resource” means air, archaeological/historical, cultural, soil, water, groundwater, plant,

fish and wildlife resources and shall also mean capital improvements located within the Colville Indian

Reservation.

(p) “Screening” consists of vegetation, berms or other topography, fencing, and/or other screens that may

be required to mitigate impacts of aggregate development on adjacent properties and/or the

(June 2018 version Chapter 4-6)

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environment.

(q) “Aggregate development” means the development of aggregate by removing the overburden lying

above such deposits and extracting directly from the deposit thereby exposed. The term includes

extracting directly from such deposits where there is no overburden, extracting by auger method,

reworking of aggregate development refuse or tailings, and the production of aggregate development

refuse. The term also includes, but is not limited to, the following: open cut aggregate development;

open pit aggregate development; strip aggregate development; quarrying; placer operations; and the

excavation and removal of sand, gravel, clay, rock or other materials for the primary purpose of

construction or maintenance of roads. Prospecting and exploration activities shall be included within

the meaning of this term when the removal of geologic sample materials exceeds a cumulative total in

excess of one ton. Aggregate development shall exclude excavations or grading used primarily for onsite construction and on-site road construction and maintenance.

(r) “Walk-on Prospecting” means those casual exploration activities properly authorized by the

Department which have the potential for causing little or no surface disturbance and which will not

disturb water quality. Examples of such activities are: hand sample collection; geochemical sampling;

geologic mapping; geophysical surveys (non-land disturbing); boundary or claim surveying; or

location work.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

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Authority and Scope

(a) This Chapter is enacted by the Colville Business Council pursuant to its inherent sovereignty over all

territory within the exterior boundaries of the Colville Indian Reservation, any and all authority

delegated to the Tribes of the United States, and the authority vested in it by Article V, Section 1 (a) of

the Constitution of the Confederated Tribes.

(b) The provisions of this Chapter shall apply to all aggregate development, aggregate development

operations, and associated disturbed areas occurring within the exterior boundaries of the Colville

Indian Reservation including lands held in trust or in fee status, and on other trust lands or allotments

under the jurisdiction of the Colville Tribes, to the extent these provisions do not conflict with any

applicable regulations or statues of other competent jurisdictions.

(c) The Colville Tribes’ Environmental Trust Department shall be responsible for the administration of the

Chapter, subject to appellate administrative review by the Colville Environmental Quality Commission

(CEQC) as may be provided for by this Chapter, the Colville Administration Procedure Act and

Chapter 4-23 of the Colville Tribal Code.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-4

Water Quality Permits Required

(a) Water quality permits are required for aggregate development and aggregate development operations,

exploration, and prospecting operations on all lands within the Colville Indian Reservation as specified

in this Chapter for all activities commenced, resumed, modified, or expanded after the adoption of this

Chapter, where aggregate development results in, or has resulted in:

(1) More than one acre of disturbed area;

(2) Slopes greater than thirty feet high and steeper than 1.5 foot horizontal to 1.0 foot vertical; or

(3) More than one acre of disturbed area within a twenty acre area, when the disturbed area

results from prospecting or exploration activities.

(b) Water quality permits under this Chapter are not required for walk-on prospecting as defined in this

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(June 2018 version of Chapter 4-6)

Chapter by operators on their own trust or fee land so long as those walk-on prospecting activities

involve only casual exploration and do not involve surface or water disturbing activities including but

not limited to road building, blasting, drilling, excavation, or any activity within or disturbance to

watercourses or wetlands as defined in Colville Tribal Code 4-9 Hydraulics Project Permitting or

within Riparian Management Zone as defined in Colville Tribal Code Chapter 4-7 Forest Practices.

(c) All permits issued pursuant to this Chapter shall be issued for a term not to exceed five (5) years.

(d) A permit for exploration is a limited authorization and shall not authorize development and active

aggregate development operations. Prior to initiation of development and active aggregate

development operations, it shall be the responsibility of the operator to apply for and obtain a permit

authorizing location development, operations, and establishing reclamation requirements.

(e) A separate permit shall be required for development and operations at each noncontiguous aggregate

development site. At the option of the Department, application may be submitted to cover a single

exploration operation or any number of exploration operations within reasonable geographic

boundaries as specified by the Department.

(f) The Department shall prescribe the form and contents of the application for a permit, specifying what

information is required for the Department to accept an application for review. Prior to receiving a

permit an applicant must complete fully and submit an application in a form approved by the

Department.

(g) The operator shall comply with the provisions of the approved permit and reclamation plan unless

waived and explained in writing by the Department. Permits shall be renewed every five years or until

fill reclamation is completed.

(h) Unless fully reclaimed as determined by the Department, the owner of each disturbed area possessing

the size or slope characteristics described in (a) of this section for which aggregate development

operations occurred since the adoption of this Chapter, shall develop and submit to the Department a

water quality permit application including a reclamation plan meeting the standards of this Chapter

within twenty-four (24) months of adoption of this code section, whether aggregate development is

occurring or the disturbed area is inactive.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-5

[Reserved]

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-6

Water Quality Permit Applications

The applicant shall submit the following information to the Department in an application:

(a) The name of the applicant, including operator, landowner if different, and holder of mineral rights if

different; and

(1) If the applicants are corporations or other business entities, the names and addresses of their

principal officers and resident agent of service of process; and

(2) If the land is held in trust, the name of responsible official for trustee;

(b) Proof of ownership of surface and subsurface rights;

(c) Estimated operations starting date, date of operations completion, and date of start and completion for

reclamation;

(d) Legal description and size of the area within which the aggregate development operation is to be

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(June 2018 version of Chapter 4-6)

conducted;

(e) A topographic map of suitable scale upon which the proposed operation and maximum lateral and

vertical extent of the disturbed area are plotted;

(f) A reasonably accurate description of the materials to be developed;

(g) Description of the proposed methods of exploration or aggregate development, support facilities, and

required construction, including:

(1) Proposed location of drilling or excavation, etc.;

(2) Equipment to be used;

(3) Location of primary support roads, proposed road construction and road design specifications;

(4) Location of any buildings, camps and other facilities, and sewage disposal system on the

affected lands;

(5) Proposed well or wells and estimate of the quantity of water to be used;

(6) Name and location of all streams, lakes, wetlands, known groundwater deposits, water wells,

power an communication lines, and building on or within five hundred (500) feel of the

affected lands; and

(7) List with addresses of owners of record of the affected lands and of lands adjoining the

affected lands.

(h) Expected area to be disturbed during each of the five (5) years the permit is valid;

(i) A description of best management practices to be used to manage runoff, and prevent erosion and

pollution;

(j) A pollution discharge permit application for any anticipated runoff or wastewater discharges to surface

waters;

(k) The reclamation plan and schedule required by this chapter;

(l) Any applicable NEPA documents;

(m) A certificate of compliance that the aggregate development operation would be in compliance with the

applicable zoning and subdivision regulations; and

(n) Other pertinent data as required by the Department.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-7

Application Review Process—Approval or Refusal to Approve

(a) Applications shall be considered received on the date and time shown on any registered or certified

mail receipt, or the written receipt given at the time of personal delivery, or at the time of receipt by

general delivery. Applications that are not complete or are inaccurate will not be considered officially

received until the applicant furnishes the necessary information to complete the application, and fee if

required by the Department.

(b) Upon receipt of a complete application for a permit as determined by the Department, including fee if

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(June 2018 version of Chapter 4-6)

required, from the applicant, the Department shall render a final decision on the application not more

than ninety (90) calendar days after the date of filing. At that time the Department shall approve,

conditionally approve, deny, or partially deny the application.

(c) The date for making a final decision on an application may be extended in two (2) circumstances;

(1) In the event of unforeseen circumstances or significant snow cover on the affected land that

prevents a necessary on-site inspection, the Department may reasonably extend the date by

which it will render its decision.

(2) If for good reason, the Department decides it is necessary to hold a hearing on the question of

whether a permit should be granted, the date for making a final permit decision will be

extended an additional thirty (30) calendar days.

(d) If action upon the application is not completed within the ninety (90) day period specified in CTC 4-67(b) the applicant may apply to the CEQC and request that the CEQC direct the Department to act on

the application within a time period established by the Commission.

(e) The Department shall grant a permit if the application complies with all requirements of this Chapter

and all applicable Tribal and federal laws. The Department shall not deny or partially deny a permit,

except for one or more of the following reasons:

(1) The aggregate development operation may adversely impact Reservation resources and

cannot be adequately mitigated;

(2) The aggregate development operation may adversely impact the health of the Reservation

population; or

(3) The aggregate development operation conflicts with a Colville Business Council resolution.

(f) The Department shall specify application approval conditions when necessary to protect Reservation

resources. All approvals are subject to all pertinent provisions of Section 4-6-60 Aggregate

Development Standards.

(g) If the Department denies a permit application, the Department shall so notify the applicant in writing

and shall state the reasons for the action. The Department shall list such additional requirements as

may be necessary for the conditional approval of the permit. Within thirty (30) calendar days the

applicant shall either accept the denial or such additional requirements as part of the approved permit

or file a notice of appeal to the CEQC.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-8

Special Sand and Gravel Permits

(a) Any sand, gravel, or quarry aggregate operation at a previously established aggregate development site

which is to be operated for the sole purpose of obtaining materials for highway, road, utility,

restoration, or similar type construction for a tribal, federal, state, county, city, town, or special district

project or contract requiring work to be commenced within a specifically short time and which will not

enlarge the footprint of the disturbed area shall be subject to this Section (4-6-8).

(b) The applicant shall make written application to the Department for a special permit on forms provided

by the Department. The special permit may authorize the operator to engage in such aggregate

development operation until such time as the subject governmental contract has been satisfied.

(c) The special sand and gravel application form shall include:

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(June 2018 version of Chapter 4-6)

(1) The name and address of the owner of the surface of the affected land;

(2) The name and address of the owner of the subsurface rights of the affected land;

(3) The name and address of the project manager or contractor;

(4) Proof of ownership of surface and subsurface rights;

(5) The contract or project name;

(6) The approximate area of affected land, and amount of material to be removed;

(7) A map showing information sufficient to determine the location of the affected land on the

ground streams and other waters, utilities, and existing and proposed roads or access routes to

be used in connection with the aggregate development operations;

(8) Information sufficient to describe or identify the type of aggregate development operation

proposed and how it would be conducted;

(9) A description of best management practices to be used to manage runoff, and prevent erosion

and pollution;

(10) The terms of the governmental project or contract which make a special permit necessary;

(11) A description of any reclamation work that will be conducted as part of the contract.

(12) Evidence of any performance bond required under the governmental contract; and

(13) A certificate of compliance by the Colville Planning Department that the aggregate

development operation would be in compliance with the applicable zoning and subdivision

regulations.

(d) The Department shall promptly act upon those special permits so that they may be issued within ten

(10) business days of the date that a complete application is submitted. Such timely review by the

Department is dependent upon the application, map, fee, and performance bond all being in proper

order and submitted in compliance with this section.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-9

Permit Application Fee

(a) An application for a new water quality permit shall be accompanied by a nonrefundable application fee

of five hundred dollars ($500).

(b) Applications to renew or revise a current application shall be accompanied by a nonrefundable

application fee of two hundred-fifty ($250) dollars.

(c) No fee shall be required for new applications or renewals for existing aggregate development sites

located on government-owned or trust tracts and operated primarily for the purposes described in

Section 4-6-8(a).

(d) Appeals from any determination of the Department shall not stay the requirement to pay any permit

fee. Failure to pay the required fee may constitute grounds for an order to suspend aggregate

development practices, pay fines, or cancel the water quality permit as provided in the Chapter.

7

(June 2018 version of Chapter 4-6)

(e) Application fees shall be utilized by the Department to cover costs of administration, inspection, and

similar matters.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-10 Notice of Application

(a) Upon the filing of the application for a permit with the Department, a copy of such application shall be

available for public inspection at the office of the Department.

(b) Following the Department’s acceptance of a completed application for a new aggregate development

site, expansion or reclamation of an existing aggregate development site, and approval of the form of

public notice, the applicant shall cause notice of the filing of its application with the Department to be

published in the Tribal Tribune once a week for four (4) consecutive weeks, commencing not more

than ten (10) days after filing the application with the Department. At the Department’s discretion, the

applicant shall also publish notice of the filing of its application in at least one (1) other local

newspaper of general circulation in the locality of the proposed exploration or aggregate development

operation once a week for four (4) consecutive weeks, commencing not more than ten (10) business

days after the filing the application with the Department. Such notice shall contain information

regarding the identity of the applicant and the Department. Such notice shall contain information

regarding the identity of the applicant and the location of the proposed exploration or aggregate

development operation, the proposed dates of commencement and completion of the operation, the

proposed future use of the affected land, the location where additional information about the operation

may be obtained, and the location, and final date for filing objections with the Department. Public

notice shall not be required for renewal of water quality permits, or where zoning and land use for

aggregate development has been approved.

(c) The applicant shall mail a copy of such notice immediately after first publication to all owners of the

surface rights of the effected land, to all owners of the mineral rights of the affected land if different

than surface rights owners, to the owners of record of immediately adjacent lands, and to any other

persons who are owners of record that may be designated by the Department whose lands might be

affected by the proposed exploration or aggregate development operation. Proof of such notice and

mailing, such as certified mail with return receipt requested where possible, shall promptly be provided

to the Department and shall become part of the application.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-11 Protests and Petitions for a Hearing

(a) For good cause shown in writing, the Department may hold a hearing on the question of whether a

permit should be granted. Prior to the holding of any such hearing, the Department shall provide notice

to any person who previously submitted either written comments or who requested a hearing regarding

the application of the time, date, and place of the hearing.

(b) Any person has the right to submit written comments to the Department with regard to any application

made to the Department for a water quality permit under this Chapter. In addition, any person may

request in writing that the Department hold a public hearing with regard to such application. In order to

be considered timely and this be considered by the Department, all such written comments and requests

for public hearing regarding the proposed issuance of any water quality permit under this

Chapter shall be submitted to the Department not more than ten (10) business days after the date of the

last notice published by the applicant pursuant to section 4-6-10(b). The applicant shall be notified

within ten (10) business days of any written comments or request for public hearing submitted in

response to his or her application and be supplied with copies of all such documents.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-12 Performance Bonds

(a) Upon receipt of any water quality permit or special sand and gravel permit, an operator shall not

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(June 2018 version of Chapter 4-6)

commence exploration or aggregate development until the operator deposits with the Department an

acceptable performance bond on forms prescribed by the Department in an amount deemed adequate by

the Department.

(b) The Department shall have the authority to determine the amount of the bond that shall be required, and

may refuse any bond not deemed adequate. The bond shall be filed and maintained in an amount equal to

the estimated cost of completing the reclamation plan for the area to be disturbed during the next twelve

(12) month period and any previously disturbed area for which a permit has been issued and on which the

reclamation has not been satisfactorily completed and approved. If an operator increases the area to be

explored or developed during the twelve (12) month period, the Department may require an increase in

the amount of the bond to compensate for the increase.

(c) Acceptable performance bonds are:

(1) A cash deposit;

(2) Bank letters of credit, or assignment of a saving account or of a savings certificate on an

assignment form prescribed by the Department;

(3) A corporate surety bond executed in favor of the Department by a corporation approved by the

Department.

(d) The performance bond shall be conditioned upon the faithful performance of the requirements set forth in

this Chapter, the rules adopted under it, and requirements of the water quality permit.

(e) The Department may determine the amount of the performance bond based on:

(1) Its cost estimate of completing reclamation according to the requirements of this chapter;

(2) An engineering cost estimate for reclamation that is provided by the operator. The engineering

cost estimate must be prepared using engineering principles acceptable to the Department.

(f) The Department may recalculate a performance bond based on 4-6-10(f). When the Department

recalculates a performance bond, the new calculation will not be prejudiced by the existence of any

previous calculation. A new performance bond must be submitted to the Department within thirty (30)

calendar days of the Department’s written request.

(g) An operator, in lieu of an individual performance bond for each aggregate development site, may file a

blanket performance bond with the Department for their group of permits.

(h) At its discretion the Department may waive performance bonds for small scale aggregate development

operations performed by Tribal, State, City, or County governments and for aggregate development

operations permitted under section 4-6-8 of this Chapter.

(i) Liability under the performance bond and the operator’s obligation to maintain the calculated

performance security amount shall be maintained until reclamation is complete as determined by the

Department. Liability under the bond may be released only upon written notification from the

Department. Notification shall be given upon completion of compliance or acceptance by the Department

of a substitute bond. In no event shall the liability of the surety exceed the amount of the surety bond

required by this section.

(j) The Department shall keep a record of all expenses incurred in carrying out any reclamation project.

The Department shall refund to the operator or surety all amounts received in excess of the amount of

expenses incurred. If the amount received is less than the expenses incurred the Department may:

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(June 2018 version of Chapter 4-6)

(1) Request the Office of Reservation Attorney to bring an action against the operator on behalf

of the Tribes to recover the remaining costs; or

(2) Have a lien established in favor of the Department upon all of the operator’s real and personal

property. The notice of lien claim must contain a true statement of the demand, the

insufficiency of the performance bond to compensate the Department, and the failure of the

operator to perform the reclamation required. The lien becomes effective when filed.

(k) Any interest or appreciation on the performance bond shall be held by the Department until reclamation

is complete. If the operator meets its obligations under this Chapter, rules adopted under this Chapter,

and the approved reclamation plan and water quality permit by completing reclamation, the Department

will return any unused performance bond and accrued interest or appreciation.

(l) In the event that any performance bond submitted by the operator to the Bureau of Indian Affairs is

deemed adequate for the purpose of this Chapter, compliance with the performance bond requirements of

this Chapter may be reduced or waived by the Department.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-13 Permits Subject to Modification – Permit Termination

(a) Deviations from the approved permit and reclamation plan may only occur with prior written approval

from the Department.

(b) An approved water quality permit and reclamation plan may, after consultation with the applicant, be

modified by the Department at any time during the term of such permit for one or more of the

following reasons:

(1) To modify the requirements of the permit so that they do not conflict with existing law;

(2) The Department determines that the approved permit is inconsistent with the intent and

purpose of this chapter, or that additional measures are required to protect Reservation

resources;

(3) The Department determines that the previously approved permit is impossible or

impracticable to implement; or

(4) The operator and the Department mutually agree to modify the terms of the permit.

(c) An approved water quality permit and reclamation plan may be terminated by the Department at any

time during the term of such permit for one or more of the following reasons:

(1) Noncompliance by the permittee with any condition of the permit;

(2) Misrepresentation or omission of relevant facts by the permittee;

(3) Determination that the permitted activity endangers human health or the environment, and can

be regulated to acceptable levels only by permit termination;

(4) Determination that the operator will be prevented from carrying out its obligations under the

permit due to a force majeure, including Acts of God, acts of the public enemy, wars, riots,

epidemics, or federal or tribal regulation or resolution.

(d) The Department shall determine if the permit modification or termination merits public notice or a

hearing.

(e) The decision by the Department may be appealed to the Colville Environmental Quality Commission

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(June 2018 version of Chapter 4-6)

(CEQC) pursuant to section 4-6-30.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-14 Transfer of Permit

No transfer, sale, or other assignment of the rights granted under any water quality permit, or special sand

and gravel permit issued pursuant to the Chapter is permitted under this Chapter.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-15 [Reserved]

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-16 Reclamation Specifics – Basic Objectives – Timeline

(a) The applicant shall provide a reclamation plan and schedule acceptable to the Department when

applying for a water quality permit. The Department shall have sole authority to approve reclamation

plans required by this Chapter. Reclamation plans shall meet or exceed the minimum reclamation

standards set forth in this Chapter. The Department shall solicit comment from Tribal and BIA

programs prior to approving a reclamation plan.

(b) The need for, and the practicability of, reclamation shall control the type and degree of reclamation in

any specific instance. However, the basic objective is to maintain or reestablish on a continuing basis

the vegetative cover, soil and slope stability, water conditions and quality, air conditions and quality,

and safety conditions that meet or exceed standards set by Tribal Code. For resources that are

irreparably altered or destroyed, i.e., they cannot be reclaimed, the Department may require the

permittee to purchase replacement resources off of the aggregate development site.

(c) Each operator shall comply with the minimum reclamation standards in effect on the date the permit

was issued or renewed, any additional reclamation standards set forth in the approved reclamation

plan, and the approved schedule for reclamation.

(d) Reclamation activities, particularly those relating to control of erosion and mitigation of impacts of

aggregate development to adjacent areas, waters, and air, shall, to the extent feasible, be conducted

simultaneously with aggregate development, and in any case shall be initiated at the earliest possible

time after completion of aggregate development on any segment of the permit area.

(e) All reclamation activities shall be completed not more than two (2) years after completion or

abandonment of aggregate development on each segment of the area for which a water quality permit is

in force.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-17 Aggregate Development Reclamation Plan Requirements

(a) The reclamation plan for aggregate development shall include:

(1) A description of the sequence of aggregate development that will provide, within limits of

normal procedures of the industry, for completion of aggregate development and associated

disturbance on each portion of the permit area so that reclamation can be initiated at the

earliest possible time in each segment;

(2) Where aggregate development is contemplated within critical aquifer recharge areas,

protective measures that will protect groundwater quality as defined by the Department;

(3) A timetable indicating when the reclamation plan will be implemented;

(4) A schedule of progressive reclamation of each segment of the disturbed area;

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(June 2018 version of Chapter 4-6)

(5) Description of proposed equipment planned for reclamation;

(6) Positions of reclamation buffers and screening;

(7) Plan for erosion and drainage control, and slope stabilization;

(8) Disposal of exploration and aggregate development wastes;

(9) Plan and specifications of reclaimed topography;

(10) Airborne particulate material prevention and control plan;

(11) Maps of the proposed aggregate development site showing:

(A) Existing and proposed topographic contours;

(B) Locations and names of all roads and utility lines on or adjacent to the area;

(C) Detailed and accurate boundaries of the permit area, screening, reclamation buffers, and

maximum extent of the disturbed area; and

(D) Location of surface waters and wetlands.

(12) Proposed revegetation plan including species, seed or planting stock, stocking rates, timing,

vegetation protection, and invasive species control;

(13) Other supporting data and documents regarding the aggregate development site as reasonably

required by the Department.

(b) Reclamation of aggregate development sites addressed by reclamation plans shall meet the following

minimum standards except as waived in writing by the Department:

(1) All topsoil on the site shall be stockpiled for use in reclamation, or used to reclaim adjacent

segments, except when the approved subsequent use does not require replacing the topsoil.

Stockpiled topsoil shall be seeded as needed to prevent loss due to erosion. Topsoil needed for

reclamation shall not be sold as an aggregate nor mixed with sterile soils.

(2) The Department may require that clearly visible, permanent monuments delineating the

permit boundaries and maximum extent of the disturbed area be set at appropriate places

around the aggregate development site. The operator shall maintain the monuments until

termination of the water quality permit.

(3) Any and all minimum reclamation standards may be waived in writing by the Department in

order to accommodate unique and beneficial reclamation measures such as replacement

resources, parks, swimming facilities, buildings, and wildlife reserves. Such waivers shall be

granted only after written approval by the Department of a reclamation plan describing the

variances to the minimum reclamation standards, receipt of documentation of NEPA compliance,

and written approval from the landowner(s) if different from operator.

(4) In cases where aggregate development operations penetrate the seasonal or permanent water

table, creating ponds or wetlands, the Department shall determine if the resulting surface water is

beneficial for recreational, fish and wildlife habitat, water quality control, or other wetland

purposes, and that any discharges from the impoundment to surface waters will not degrade water

quality below water quality standards established pursuant to applicable Tribal or federal law in

12

(June 2018 version of Chapter 4-6)

the receiving stream. Where the resulting surface water is determined to be

beneficial, the Department may approve reclamation in the following manner:

(A) For slopes that are below the permanent water table in soil, sand, gravel, and other

unconsolidated materials, the slope angle shall be no steeper than three (3) foot

horizontal to one (1) foot vertical;

(B) Solid rock banks shall be shaped so that a person can escape from the water;

(C) Both standpipes and armored spillways or other measures to prevent undesirable

overflow or seepage shall be provided to stabilize all such water bodies within the

disturbed area; and

(D) Where lakes, ponds, or swamps are created, the operator shall provide measures to

establish a beneficial wetland by developing natural wildlife habitat and incorporating

such measures as irregular shoreline configurations, sinuous bathymetry and shorelines,

varied water depths, peninsulas, and islands.

(5) All slopes within aggregate development sites shall be reclaimed to the following minimum

standards:

(A) In soil, sand, gravel, and other unconsolidated materials, all reclaimed slopes shall:

(i) Have varied steepness;

(ii) Have a sinuous appearance in both profile and plan view which blends with the

surrounding landscape;

(iii) Have no large rectilinear topographic elements;

(iv) Generally have slopes of between 2.0 and 3.0 feet horizontal to 1.0 foot

vertical or flatter except in limited areas where steeper slopes are necessary in

order to create sinuous topography and to control drainage;

(v) Not exceed 1.5 feet horizontal to 1.0 foot vertical except as necessary to

blend with adjacent natural slopes;

(vi) Be compacted if significant backfilling is required to produce the final

reclaimed slopes and if the Department determines that compaction is

necessary.

(B) Slopes in consolidated materials shall have no prescribed slope angle or height, but

where a severely hazardous condition is created by aggregate development

operations and that is not indigenous to the immediate area, the slopes shall not

exceed 2.0 feet horizontal to 1.0 foot vertical. Steeper slopes shall be acceptable in

areas where evidence is submitted that demonstrates that the geologic or topographic

characteristics of the site preclude reclamation of slopes to such angle or height or that

such slopes constitute an acceptable subsequent use in accordance with Colville Tribal

Code Chapter 4-3 Land Use and Development.

(6) The floors of aggregate development sites shall be graded to maximize infiltration of runoff into

adjacent soils, to prevent erosion, and avoid direct delivery of runoff or sediment to any typed

surface water as defined in Colville Tribal Code Chapter 4-7 Forest Practices.

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(June 2018 version of Chapter 4-6)

(7) Where aggregate development has exposed natural materials that may create polluting conditions,

including but not limited to acid-forming coals and metalliferous rock or soil, the Department shall

require the operator to complete geochemical and chemical analysis and modeling evaluating all

potential pollution discharges, and develop and submit for review a waste rock management plan

and schedule. Upon approval by the Department, the operator shall implement the waste rock

management plan.

(8) All grading and backfilling shall be made with non-noxious, non-combustible, and relatively

incompactible solids. Final reclaimed slopes should be left roughly graded to trap soil and promote

natural vegetation. Final equipment tracks should by oriented in order to trap soil and seeds and to

inhibit erosion.

(9) Topsoil shall be restored across final reclaimed slopes and surfaces to promote effective

revegetation and stabilization.

(10) Reclamation shall include the breaking up of compacted surfaces to foster runoff infiltration and

revegetation.

(11) Drainageways shall be graded and contain adequate energy dissipation devices so that essentially

natural conditions of water velocity, volume, and turbidity are reestablished within six (6) months

of reclamation of each segment of the aggregate development site. Ditches and other structures

shall be constructed on each reclaimed segment to control surface erosion, and siltation and to

direct runoff to a safe outlet. Diversion ditches including but not limited to channels, flumes,

pipelines, and retention ponds shall be capable of carrying the peak flow that has the probable

data for the 100-year, 24recurrence frequency of once in one hundred years as determined from

hour precipitation event.

(12) Revegetation shall be required as appropriate to stabilize slopes, generate new topsoil, reduce

erosion and turbidity, and restore the scenic value of the land to the extent feasible as appropriate

to the approved subsequent use. Although the scope of and necessity for revegetation will vary

according to the geography, precipitation, and approved subsequent use of the site, the objective of

segmental revegetation is to reestablish self-sustaining vegetation and conditions of slope stability,

surface water quality, and appearance before release of the reclamation permit. Revegetation shall

normally meeting the following standards:

A. Revegetation shall commence during the first proper growing season following

restoration of slopes on each segment unless the Department has granted the operator

a written time extension;

B. Revegetation shall be as continuous as reasonably possible as determined by the

Department;

C. Revegetation shall only include plant species native to the Colville Indian

Reservation unless a revegetation composition including other plant species is more

likely to achieve the objectives of revegetation specified in this subsection, as

approved by the Department; and

D. The Department may refuse to release a water quality permit or performance bond

until it deems the effective revegetation has been completed.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-18 Compliance—Inspection of Disturbed Area—Report by Operator on Anniversary Date

(a) The Department may order at any time an inspection of the disturbed area to determine if the operator

has complied with the water quality permit and this Chapter.

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(June 2018 version of Chapter 4-6)

(b) Within thirty (30) calendar days after completion or abandonment of exploration or aggregate

development on an area under permit or within thirty (30) calendar days after each annual anniversary

date of the operating permit, whichever is earlier, or at such later date as may be approved by the

Department, and each year thereafter until reclamation is completed and approved, the operator shall

file a report of activities completed during the preceding year on a form prescribed by the Department,

which report shall:

(1) Identify the operator and permit number;

(2) Locate the aggregate development operation(s) by subdivision, section, township, and range

and with relation to the nearest town or other well-known geographic feature;

(3) Update any reports previously submitted or provide such maps as may be specifically

requested by the Department. Such maps shall show:

(A) The operating permit area;

(B) The area disturbed by operations during the reporting period;

(C) The area to be explored or developed during the next twelve-month period;

(D) Areas that will not be further disturbed by the exploration or aggregate development

operations; and

(E) Areas where reclamation is occurring, or where reclamation is completed, including:

(4) Provide the date of beginning, amount, and status of reclamation performed during the

previous twelve (12) months. An operator operating under a combined water quality permit

may submit a single annual report, but such report shall include the data required in this

section for each operating area, including:

(A) The type of planting or seeding, including mixtures and amounts;

(B) The date of planting or seeding; and

(C) The amount of area planted or seeded.

(c) Upon completion of grading and backfilling as may be required by an approved permit and

reclamation plan, the operator shall make a report to the Department and request inspection for

approval.

(d) As soon as possible after the first full growing season following planting and seeding, the Department

shall make an inspection and evaluation of the vegetative cover and planting to determine if a

satisfactory growth has been established.

(e) When it is determined by the Department that backfilling and grading have been carried out in

accordance with the established requirements of the permit, or that a satisfactory vegetative cover has

been established and is likely to continue to grow, the Department shall issue a release of an

appropriate amount of the performance bond for the area graded and backfilled, or revegetated.

Appropriate amounts of the bond shall be retained to assure that any remaining reclamation

requirements are achieved.

(f) At its discretion, the Department may waive annual reporting requirements for operators holding

15

(June 2018 version of Chapter 4-6)

special sand and gravel permits.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-19 [Reserved]

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-20 Enforcement Policy

It is the policy of this Chapter to encourage informal, practical, result-oriented resolution of alleged

violations and to encourage actions needed to prevent damage to aquatic resources or harm to the health,

safety, or welfare of the Reservation population. It is also the policy of this Chapter, consistent with the

principles of due process, to provide effective procedures for enforcement. This Chapter provides the

following enforcement procedures: Informal Conferences; Notices to Comply; Stop Work Orders;

corrective actions by the Department; civil penalties and orders; and other civil administrative or judicial

relief. Enforcement procedures will be carried out by the Department, or other tribal enforcement officials

as requested by the Department, or both, following these policies. The enforcement procedure used in any

particular case shall be appropriate in view of the nature and extent of the violation or the damage or risk to

aquatic resources and the health, safety, and welfare of the Reservation population and the degree of bad

faith or good faith or the persons involved.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-21 Informal Conferences

(a) The Department shall afford the applicant and operator or their representative reasonable opportunities

to discuss proposed enforcement actions at an informal conference prior to taking further enforcement

action, unless the Department determines that there may be either imminent environmental damages to

an aquatic resource or adverse impact upon the health, safety, and welfare of the Reservation

population. Informal conferences may be used at any stage in enforcement proceedings, except that the

Department may decline to conduct informal conferences with respect to any matter than pending

before the Colville Environmental Quality Commission or the Colville Tribal Court.

(b) Department personnel in attendance at informal conferences shall keep written notes of the date and

place of the conference, the persons in attendance, the subject matter discussed, and any decisions

reached with respect to further enforcement action, mitigation measures, or other resolution of the

alleged violation.

(c) Copies of written notes shall be sent to each participant in the conference, but kept in the Department

files until one (1) year after final action on the application involved, and be open to public inspection.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-22 Notice to Comply—Contents—Procedures—Hearing—Final Order—Limitations on Actions

(a) Where a violation, deviation from an approved application, or material damage to a Reservation

resource or harm to the Reservation population has occurred, or the Department determines that a

reasonable potential for such material damage or harm exists as a result of aggregate exploration or

development operations, and the Department determines that a Stop Work Order is unnecessary then

the Department shall issue and serve upon the operator a Notice to Comply, which shall clearly set

forth:

(1) The specific nature, extent, and time of violation or deviation and the damage or potential

damage to a Reservation resource or harm to the Reservation population;

(2) The relevant provisions of this Chapter relating thereto;

(3) The right of the operator to a hearing before the Department; and

(4) The specific course of action violation or deviation, and to prevent, correct, and compensate

for material damage to Reservation resources or harm to the Reservation population which

16

(June 2018 version of Chapter 4-6)

resulted from any violation, unauthorized deviation, or willful or negligent disregard for

potential damage to a Reservation resource; and/or those courses of action necessary to

prevent continuing damage to Reservation resources or harm to the Reservation population

where the damage is resulting from circumstances that could not be reasonably foreseen at the

time of the approval of the application.

(b) The Department shall mail a copy thereof to the land owner and holder of mineral rights if different at

the addresses shown on the application, showing the date of service upon the operator. The operator

shall undertake the course of action so ordered by the Department unless, within fifteen (15) calendar

days after the date of service of such Notice to Comply, the operator, landowner if different, or holder

of mineral rights if different, shall request the Department in writing to schedule a hearing. If so

requested the Department shall schedule a hearing on a date not more than twenty (20) calendar days

after receiving such request. Within ten (10) business days after such hearing, the Department shall

issue an interim order either withdrawing its Notice to Comply or clearly setting forth the specific

course of action to be followed. Such interim order shall become final ten (10) calendar days after its

issuance and the operator or owner shall undertake the course of action so ordered by the Department

unless within this ten (10) day period the operator, landowner if different, or holder of mineral rights if

different elects to exhaust his administrative remedies by appealing such interim order to the Colville

Environmental Quality Commission. The order of the Colville Environmental Quality Commission

shall be final agency action from which there is the right of judicial review.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-23 Stop Work Order—Grounds—Contents—Procedure—Appeals

The Department shall have the authority to serve upon an operator or applicant a Stop Work Order if there

is any violation of the provisions of this Chapter or a deviation from the approved application, or

immediate action is necessary to prevent continuation of or to avoid material damage to water quality,

aquatic resources, cultural resources, or harm to the Reservation population.

(a) The Stop Work Order shall set forth:

(1) The specific nature extent, and time of the violation, deviation, damage, or potential damage;

(2) An order to stop all work in connection with the violation, deviation, damage, or potential

damage;

(3) The specific course of action required to correct such violation or deviation or to prevent,

correct, and compensate for damage to aquatic resources which has resulted from any

violation, unauthorized deviation, or willful or negligent disregard for potential damage to an

aquatic resource or potential harm to the Reservation population; or those courses of action

necessary to prevent continuing damage to aquatic resources or harm to the Reservation

population where the damage is resulting from the exploration or aggregate development

activity but has not resulted from any violation, unauthorized deviation, or negligence; and

(4) The right of the applicant or operator to a hearing before the Colville Environmental Quality

Commission. The Department shall immediately serve a copy of such order on the applicant

at the address shown on the application. Included with this copy shall be notification of the

right of the operator or applicant to file an appeal with the Colville Environmental Quality

Commission as provided under Chapter 4-23 of the Colville Tribal Code. If such appeal is

commenced, a hearing shall be held not more than twenty (20) calendar days after a Notice of

Appeal is served on the Department. The operator shall comply with the Stop Work Order

immediately upon being served, but the Colville Environmental Quality Commission, if

requested, shall have authority to stay, in whole or in part, the order of the Department as

provided in Chapter 4-23 of the Colville Tribal Code.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

17

(June 2018 version of Chapter 4-6)

4-6-24 Failure to Obey Stop Work Order—Department Action Authorization to Complete Course of

Action—Liability of Owner for Costs

If an operator fails to undertake and complete any course of action as required by a final order of the

Department or a final decision of the CEQC, the Department may determine the cost thereof and give

written notice of such cost to the operator. If such operator fails within thirty (30) calendar days after such

notice is given to undertake such course of action, or having undertaken such course of action fails to

complete it within a reasonable time, the Department may expend any funds available to undertake and

complete such course of action and such operation shall be liable for the actual, direct cost thereof, but in

no case more than the amount set forth in the notice from the Department, plus attorney’s fees, expert

witness or consultant fees, laboratory and technical costs, investigatory and other actual cost incurred by

the Department.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-25 Failure to Obey Stop Work Order—Department Action Authorized—Liability of Owner or

Operator for Costs

When the operator or applicant has failed to obey a Stop Work Order the Department may take immediate

action to prevent continuation of or avoid material damage to Reservation resources or adverse impact on

the health, safety, and welfare of the Reservation population. If a final order or decision fixes liability with

the operator or applicant, they shall be jointly and severally liable for such costs which may be collected in

any manner provided for in Tribal law.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-26 [Reserved]

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-27 Inspection—Right of Entry

(a) The Department shall inspect affected lands, before, during, and after the conducting of aggregate

exploration or development operations as necessary for the purpose of ensuring compliance with this

Chapter and to ensure that no material damage shall occur to aquatic resources or the health, safety,

and welfare of the Reservation population as a result of such practices.

(b) Any duly authorized representative of the Department shall have the right to enter upon land at any

reasonable time to enforce the provisions of this Chapter. All applications under this Chapter shall

include a statement by which the applicant acknowledges the right of the Department to enter upon the

applicant’s land as set forth herein.

(c) In the event a duly authorized representative of the Department is denied access to enter upon any

lands at reasonable times to enforce the provisions of this Chapter, the Department may apply to the

Colville Tribal Court for a civil search warrant. The Colville Tribal Court shall have authority to issue

such search warrant upon a showing of probable cause that a violation of this Chapter has occurred or

is occurring.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-28 Remedial Action—Monetary Damages—Right to Appeal

(a) Every person who fails to comply with the provisions of this Chapter, as now or hereafter amended,

shall be required to pay civil monetary damages in the full amount of the costs of detecting and

mitigating, restoring or repairing any potential or actual damages directly or indirectly resulting from

such violations, plus the administrative costs of enforcement including but not limited to investigatory

costs, expert witnesses, laboratory and technical analysis, pre and post violation monitoring, collection

of such damages, and attorney’s fee.

(b) In the event a specific monetary value cannot readily be placed on such damages, such violating person

18

(June 2018 version of Chapter 4-6)

shall be required to pay civil monetary damages in the minimum liquidated amount of one thousand

dollars ($1,000) per day for each day that such violation takes place. Each day of such operation shall

constitute a separate violation. In the case of a failure to comply with a written order or decision of the

Department, every day’s continuance after service of the written order or decision shall be a separate

and distinct violation.

(c) The remedial action provided for by this section shall be initiated by the Department by notice in

writing to the alleged violator either by certified mail with return receipt requested or by personal

service and such notice shall describe the alleged violation with reasonable particularity. The person

alleged to be in violation of this Chapter, who receives such notice for civil damage pursuant to this

section, may within thirty (30) calendar days of receipt of such notice apply in writing to the

Department for the remission or mitigation of such remedial action. Upon receipt of such application,

the Department may remit or mitigate the remedial action upon whatever terms the Department in its

discretion deems proper; Provided, that the Department must specifically find and set forth in writing

that such remission or mitigation is in the best interests of the Tribes and is consistent with the purpose

of the Chapter. Any civil monetary damages imposed hereunder shall become due and payable thirty

(30) calendar days after receipt of such notice or thirty (30) calendar days after the conclusion of any

administrative or judicial appeal.

(d) Any person subject to any civil remedial action pursuant to section 4-6-25 may appeal to the CEQC.

Such appeals shall be filed within thirty (30) calendar days of receipt of notice imposing any civil

monetary damages unless an application for remission or mitigation has been timely filed with the

Department. Where such an application for remission or mitigation has been made in a timely manner,

any appeal to the Colville Environmental Quality Commission from such initial administrative review

shall be filed within thirty (30) calendar days of receipt of the Department’s disposition of the

application. The decision of the Colville Environmental Quality Commission shall be final agency

action of purposes of judicial review.

(e) If the full dollar amount of any civil damages or other compensation due under this section is not paid

to the Department within thirty (30) calendar days after it becomes due and payable, the Department

shall request that the Reservation Attorney bring action in the Colville Tribal Court to recover such

compensation.

(f) Monetary damages imposed in amounts that exceed actual rehabilitation costs will be placed into a

separate account for rehabilitation purposes related to aquatic resources and administered by the

Department.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-29 Enforcement

Upon the request of the Department and subject to the approval of the Colville Business Council, the Office

of Reservation Attorney or its designee, may bring an action in Colville Tribal Court to enforce any final

order issued under this Chapter.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-30 Administrative Appellate and Judicial Review

(a) Any person aggrieved by any order, decision, or other final action of the Department under this

Chapter may obtain administrative appellate review thereof by submission of a timely Notice of

Appeal to the Colville Environmental Quality Commission pursuant to Chapter 4-23 of the Colville

Tribal Code. Such petition for administrative review shall be filed with the Chairman of the Colville

Environmental Quality Commission within thirty (30) calendar days of the date of the order, decision,

permit, or other action which is the subject of such appeal, unless a shorter time for such appeal is set

forth in any other section of this Chapter, in which case the shorter time shall apply. Exhaustion of

such administrative remedies is a jurisdictional requirement to judicial review.

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(June 2018 version of Chapter 4-6)

(b) Any person directly affected by any final order, final decision or other final action of the Colville

Environmental Quality Commission may obtain judicial review of such order, decision or action by

filing a timely petition with the Colville Tribal Court pursuant to the Colville Administrative Procedure

Act. Such petition for judicial review shall be filed with the Court, as a civil matter under the Colville

Tribal Code, within twenty (20) calendar days of the decision of the Colville Environmental Quality

Commission. Unless declared invalid upon judicial review, a final order, final decision, or other final

action of the Colville Environmental Quality Commission shall be binding upon all parties.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-31 Cooperation with Public Agencies—Grants and Gifts

Subject to approval of the Colville Business Council the Department is authorized to accept, receive,

disburse and administer grants or other funds or gifts from any source, for the purpose of carrying out the

provisions of this Chapter and to consult and cooperate with federal and state agencies in matters pertaining

to this Chapter. Subject to approval by the Colville Business Council, the Department is further authorized

to negotiate inter-governmental agreements provided, that any change to the requirements of the Chapter

shall require a Code revision by the Colville Business Council.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-32 Federal Laws and Trust Responsibility Not Modified

Nothing in this Chapter as now or hereafter amended shall modify or waive any requirement to comply

with applicable federal laws and regulations, or be construed to modify, waive, or impair the trust

responsibility of the United States.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-33 Severability

If any provision of this Chapter, or the application thereof, to any person or circumstances is held invalid,

such invalidity shall not affect other provisions or application of this Chapter which can be given effect

without the invalid provision or application, and to this end, the provisions of the Chapter are declared to be

severable.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

AGGREGATE DEVELOPMENT STANDARDS

4-6-60 Aggregate Development Standards

The following standards shall be required for all mining operations:

(a) All aggregate development shall be subject to provisions of Colville Tribal Code Chapter 4-3 Land

Use and Development.

(b) Nothing in this Chapter shall exempt aggregate development from any other applicable provision of

the Tribal Law and Order Code.

(c) All aggregate exploration and development operations shall be located and designed to avoid sensitive

areas or setbacks as determined by the Department in consultation with the Tribal Historic Preservation

Officer and other departments or based upon information provided by the public in writing or during a

public hearing conducted with regard to a water quality permit application.

(d) Aggregate development shall be kept outside the floodplain as defined in Colville Tribal Code Chapter

4-15 Shoreline Management, ordinary high water mark of any typed surface water, and channel

migration zones and Riparian Management Zones as defined in Colville Tribal Code Chapter 4-7

Forest Practices.

(e) Roads and stream crossings used for aggregate development operations shall meet or exceed the

requirements outlined in Colville Tribal Code Chapter 4-7 Forest Practices and Colville Tribal Code

Chapter 4-9 Hydraulic Projects, or as otherwise required by the Department.

20

(June 2018 version of Chapter 4-6)

(f) Site-specific plans for site erosion and sediment control shall be developed and implemented.

Measures that shall be considered during planning, construction, operations, and closure phases

include:

(1) Determining site erosion potential and identifying water bodies at risk;

(2) Re-contouring to reduce the susceptibility of soil to erosion;

(3) Minimizing disturbance to natural vegetation and vegetating disturbed areas;

(4) Vegetating or revegetating and maintaining vegetated buffer zones 200 feet to any water body

or natural wetland for erosion control;

(5) Avoiding placement of fill or spoils in drainage ways;

(6) Minimizing slope steepness and slope length;

(7) Diverting site drainage away from cleared, graded, or excavated areas and using temporary

structures to reduce runoff velocities;

(8) Keeping sediment on site by using and maintaining settling ponds, check dams, or sediment

barriers to control erosion and sedimentation;

(9) Minimizing soil exposure during high precipitation and snow melt; and

(10) Monitoring and maintaining the measures once they are in place to ensure they are effective.

(g) All drainage from active exploration or aggregate development operations shall be treated in

impoundment or treatment facilities before discharge into a water course. Under no circumstances

should water be discharged into highly erodible soil or spoil banks. Water impoundment and treatment

facilities, such as collection basins, water retarding structure or siltation dams, may be created, if

authorized in the approved permit. Before such approval may be granted, it must be adequately

demonstrated to the satisfaction of the Department that:

(1) The size of the impoundment is adequate for its intended purpose;

(2) The impoundment dam construction will be so designed as to achieve necessary stability with

an adequate margin of safety, including spillway or other devices to protect against washouts

during the one hundred (100) year flood event;

(3) The quality of impounded water will be suitable on a permanent basis for its intended uses and

that discharges from the impoundment will not degrade water quality below water quality

standards established pursuant to applicable Tribal or federal law in the receiving stream;

(4) The level of the water will be reasonably stable;

(5) Final grading will provide safe access for proposed water users; and

(6) Such water impoundments will not result in diminution of the quality or quantity of water

utilized by adjacent or surrounding landowners for agricultural, industrial, recreational,

domestic or other uses.

(h) Site-specific wind protection structures shall be implemented and maintained to reduce airborne

21

(June 2018 version of Chapter 4-6)

particulate material emissions when required by the Department. Such structures may include:

(1) Berms with trees and vegetation either placed or left in place;

(2) Barriers, such as fences, around activities that might produce airborne particulate material

such as screening and crushing; or

(3) Mulch covering of exposed soil or surfaces producing airborne particulate material.

(i) Clearing and grubbing, and stripping of topsoil and overburden shall be conducted immediately prior to

aggregate development; clearing activities shall take place during dryer seasons and, where feasible,

during times of little to no wind.

(j) Gasoline, diesel oil, petroleum products and toxic chemicals stored on site will be stored in durable

tanks or containers and within an area surrounded by dikes to contain or prevent escape in case of a

spill or leak. In the event that a spill occurs the Environmental Trust Department shall be notified

immediately by the operator.

(k) Contamination of Reservation resources shall be prevented. Fuels, lubricants, coolants and other

pollutants shall not be allowed to wash into any water or waterway, seep into the soil, or kill

vegetation, fish or wildlife. Operators shall be responsible to collect, store, and dispose of trash,

pollutants, and other inorganic refuse resulting from aggregate exploration or development operations

in accordance with Colville Tribal Code 4-13 Solid Waste.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-61 [Reserved]

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-62 [Reserved]

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

4-6-63 Prohibited Acts

(a) So-called “recreational” or “hobby” mining is prohibited; however, individuals may pan for gold on

property to which they hold undivided surface and mineral rights. In any case the use of mechanized

dredging, suction dredging, panning, hydraulic mining or sluicing equipment is prohibited.

(b) All precious/based metals exploration, mining, and milling operations are prohibited.

(c) Mining of peat and associated wetland organic material is prohibited.

(d) Fossil excavation and/or removal are prohibited unless authorized by a permit under this act.

(e) Mining and collection of precious and semi-precious gems and stones are prohibited except for

collection for personal and cultural use.

(Amended 6/7/18, Certified 6/8/18, Resolution 2018-365)

22

(June 2018 version of Chapter 4-6)