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Article III. Permitting
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Any person who intends to alter or enlarge an existing activity described in YTC 21.20.040, or to commence a new such activity, or who intends to cause or direct such alteration, enlargement or commencement of such activities, shall, prior to alteration, enlargement, or commencement of such activities, apply for and obtain a valid permit from YTEP. The Department will maintain a guide of what activities require a permit. Information specifically regarding the permit process for actions involving wetlands may be found in Chapter 21.55 YTC, Wetlands Protection.

(a) A processing and monitoring fee of $500.00 shall be paid to the Yurok Tribe at the time of filing; this fee is nonrefundable. Other fees may be applied for review depending on the scope of the project.

(b) Four copies of the application and any proposed mitigation plan, and all other application materials, shall be furnished by the applicant to YTEP. Upon receipt of a permit application, YTEP shall transmit one copy to the Yurok Tribe Planning Department, the Yurok Tribe Cultural Department, and the Yurok Tribal Council for their written recommendations. Failure of the departments to respond in writing to YTEP within 30 days of receipt shall indicate approval or no desire to comment by the department.

(c) Permit applications shall indicate whether activities are proposed within certain wellhead protection areas consisting of aquifers or recharge areas. If so, then the wellhead protection requirements set forth in Article IV of this chapter apply.

(d) Except as otherwise provided in this chapter, permit applicants shall demonstrate that the proposed alteration, enlargement, or new regulated activity will not adversely affect water quality and is designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site.

(e) Permit applications, any required environmental documents, and mitigation plan proposals must demonstrate compliance with applicable Yurok Tribal regulations including but not limited to those pertaining to water quality, hazardous substances, environmental impact evaluations, and riparian protection.

(f) All permit applications must include a detailed site map or maps. The map(s) may be hand-drawn or computer-generated, and must include the entire site as well as the following information:

(1) Drainage patterns and approximate slopes anticipated after major grading activities will be completed;

(2) Areas where soil disturbance will occur;

(3) Locations of all major structural controls, either planned or in place;

(4) Locations where stabilization practices are expected to be used;

(5) Locations of off-site material, waste, borrow, fill, or equipment storage areas;

(6) Surface waters (including wetlands) either adjacent to or in close proximity of the site; also indicating those that are impaired waters;

(7) Locations where storm water from the site discharges directly to a surface waterbody;

(8) Locations where concrete trucks are permitted to wash out to avoid any unauthorized discharges;

(9) Points of vehicle entry and exits that lead to exterior paved roads;

(10) Locations of best management practices (BMPs) designed to control sediment migration, dust, erosion, stabilization, potential pollutants;

(11) Locations of any chemical storage, including hazardous chemical, and a table with quantity and container type;

(12) Locations of spill mitigation materials designed to mitigate spills from all chemicals stored at site.

(g) By applying for and receiving a permit, applicants acknowledge they are willingly entering into a consensual contractual relationship with the Yurok Tribe and that their failure to comply with the terms of the permit or Yurok law will threaten, directly affect, and imperil the economic, subsistence, health, and welfare of the Yurok Tribe. Further, by applying for and receiving a permit, applicants are consenting to Yurok Tribal jurisdiction, agree to abide by Yurok law, and to have claims relating to the permit, project, or conduct by the applicant adjudicated in Yurok Tribal Court. [Ord. 73 § 4201, amended, 5/21/2020.]