21.30.090 Personal use of mineral materials.
(a) Operations that will extract no more than five cubic yards of rock, gravel, or other mined material per calendar year are categorically exempt from this chapter if the following conditions are met:
(1) Material removed is for the personal use of the landowner and shall not be sold or exchanged for other goods or services; and
(2) No mechanized earth-moving equipment, truck-mounted drilling equipment, chemicals, or explosives are used.
(b) The Committee may grant a personal use permit exemption to operations that will extract no more than 150 cubic yards of rock, gravel, or other mined material per calendar year. To be eligible for an exemption under this section, applicant must meet the following requirements:
(1) Applicant’s permit exemption application is in writing on a form acceptable to the Committee;
(2) The operation site is no greater than five acres;
(3) Material removed is for the landowner’s personal use and shall not be sold or exchanged for other goods or services;
(4) Applicant shall not use mechanized earth-moving equipment, truck-mounted drilling equipment, chemicals, or explosives below the mean high-water mark;
(5) The application clearly states the location of the operation, the amount of material to be moved, and the area to be disturbed;
(6) Applicant maintains records of the activity satisfactory to the Committee which may include invoices, declarations, photographs, surveys, or other documents;
(7) Applicant notifies the Committee in writing within five business days of completing the extraction; and
(8) Applicant pays all reasonable administrative costs incurred by the Tribe in relation to the operation, including but not limited to review and processing of the application and any monitoring that is determined to be necessary or advisable.
(c) The Committee may include reasonable hour, day, and season operational restrictions or other conditions on extraction activities under this section when deemed in the best interest of the Tribe.
(d) Projects that are categorically exempt or eligible for a permit exemption under this section shall obtain any necessary cultural, environmental, or other permits required by Tribal, local, state, or federal law. [Ord. 27 § 6009, adopted, 6/27/2012.]