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The Yurok Tribal Council may by formal action exclude categories of uses, activities, or projects from requirements of this chapter for substantial and widespread economic and social impacts.

Variances to established water quality objectives may be granted by YTEP after approval by the Tribal Council only when the applicant satisfactorily demonstrates that:

(a) Water quality will not be permanently impaired;

(b) Public health will not be threatened;

(c) No significant adverse environmental effects will occur due to the limited size or scale of a proposed activity;

(d) A mitigation plan approved by YTEP demonstrates that all discharges will be below established water quality standard as set forth in the WQCP before the expiration of the variance;

(e) Concurrence with the Yurok Tribe Tribal Historic Preservation Officer (“THPO”) and any applicable cultural permits are achieved;

(f) The variance does not exceed one year from the date of issuance; and

(g) A 30-day public review period has passed with at least one public meeting. [Ord. 73 § 4202, amended, 5/21/2020.]