| Back
to Table of Contents Colville
Tribal Law and Order Code 2001 edition with 2002, 2003 and 2004 supplements TITLE 4 - NATURAL RESOURCES AND ENVIRONMENT, CH. 6
4-6-1
Findings (b) "Affected Lands" means the surface and subsurface areas on the Colville Indian Reservation where any prospecting, exploration or mining operation is or will be conducted, including, but not limited to: on-site private ways, roads, and railroads, lines appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds or lagoons; leaching dumps; placer areas; tailings ponds or dumps; work, parking, storage or waste discharge areas; areas in which structures, facilities, equipment, machines, tools or other material, or property which result from or are used to such operations are situated. (c) "Borrow pit" means any excavation site outside the limits of construction providing material necessary to that construction, such as fill material for embankments. (d) "Chemicals" means substances whether liquid, gaseous or solid which when applied by any person may present hazards to either human health or the Reservation environment. (e) "Colville Environmental Quality Commission" or "CEQC" means the environmental policy making and administrative appellate body of the Colville Confederated Tribes. (f) "Contamination" means the introducing by any means of any substance in liquid, solid or gaseous form into or upon Reservation resources in sufficient quantities as may be directly or indirectly injurious to the health, safety or welfare of the Reservation population as a result of domestic, commercial, industrial, agricultural or recreational activities or which may be directly or indirectly injurious to livestock, wildlife, fish or aquatic life and their habitat. (g) "Department" means the Colville Department of Geology. (h) "End hauling" means the removal and transportation of excavated material, pit or quarry overburden, or road cut material from the excavation site to a deposit site not adjacent to the point of removal. (i) "Erodible soils" means those soils exposed or displaced by mining activities that may be readily moved by water. (j) "Exploration" means the act of searching for or investigating a mineral deposit and includes but not limited to sinking shafts, tunneling, drilling core and bore holes, and digging pit or cuts and other works for the purpose of extracting samples prior to commencement of development or extraction operation, and the building of roads, access ways and other facilities related to such work. (k) "Flood level-fifty (50) year" shall refer to an additional vertical water height above the ordinary high watermark, such additional water height above the ordinary high watermark, such additional height being 125% of the vertical distance between the average streambed and the ordinary high watermark; and an additional horizontal distance which shall not exceed two (2) times the ordinary channel width as measured between the ordinary high watermarks and added to each side of the channel, unless a different area is specified by the Department based on identifiable topographic or vegetative features. (l) "Flood level-twenty-five (25) year" shall refer to a vertical elevation which is the same height measured from the ordinary high watermark, unless a different area is specified by the Department based on identifiable topographic or vegetative features. (m)"Key Wildlife Habitat" means the habitat of any wildlife species which depends on maintenance of water quality in the Streamside Management Zone and adjacent areas or any habitat where a wildlife species helps maintain water quality. (n) "Limits of roadway construction" means the area occupied by the completed roadway including the cutback, fill slope, and the area cleared for construction of the roadway. (o) "Load bearing" means that part of the road which is supportive soil, earth, rock, or other material directly below the working surface and only the associated earth necessary for support. (p) "Major tractor road" means a road that involves extensive side casting or similar disturbance of soil which may cause material damage to a Reservation resource or which may cause material damage to the integrity of a Streamside Management Zone. (q) "Mineral" means an inanimate constituent of the earth in a solid, liquid or gaseous state which, when extracted from the earth, is usable in its natural form or is capable of conversion into a usable form as a metal, metallic compound, a chemical, an energy source, or a raw material for manufacturing or construction material. (r) "Mining Operations" means the development or extraction of mineral from its natural occurrence on affected land. The term shall be broadly construed to include open mining, surface mining and surface operation, and a disposal of refuse from underground and insitu mining. Moreover, the term means operations on affected lands including: transportation; mining; concentrating; milling; smelting; refining; cleaning; preparation; evaporation; and other processing. (s) "Notice to Comply" means a notice issued by the Department which may, among other things , require initiation and/or completion of action necessary to prevent, correct and/or compensate for present or future damage to Reservation resources, or present or future harm to the Reservation population, which has resulted, or which may in the future result, from mining operations. (t) "Open mining" means the mining of minerals by removing the overburden lying above such deposits and mining directly from the deposit thereby exposed. The term includes mining directly from such deposits where there is no overburden, mining by auger method, and the production of surface mining refuse. The term also includes, but is not limited to, the following; open cut mining; open pit mining; strip mining; quarrying; placer operations; and the excavation and removal of sand, gravel, clay, rock or other minerals 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. Open mining shall not include; excavation or grading conducted for farming; on-site construction, but shall include adjacent or off-site borrow pits. (u) "Operation" means any person, firm, partnership, association or corporation or any tribal, federal, state, county or municipal government or governmental enterprise engaged in or controlling a mining operation. (v) "Ordinary high water mark" means the mark on the shores of all waters, which may be found by examining the beds and banks and ascertaining where the presence of and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation. (w) "Overburden" means materials of any nature, consolidated or unconsolidated, which overlay a natural deposit of useful material or ores and such earth and other materials after removal from their natural state in the process of exploration or mining. (x) "Perennial stream" means any stream or stress segment which normally maintains a surface flow of water year round. (y) "Permit" means any authorization, license, or other approval action required by this Chapter before any exploration or mining operations may take place. (z) "Person" means any: individual; association; business; company; joint venture; partnership private, public, tribal, or municipal corporation; tribal enterprise; tribal, state, local governmental entity; or other association of individuals or persons of whatever nature. (aa) "Prospecting" means the same as exploration. (bb) "Reclamation" means the implementation of procedures, during and after an exploration or mining 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 future economic interests 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. (cc) "Reclamation plan" means the operator’s written proposal, submitted to the Department as part of any notice or permit application required by this Chapter. (dd) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and other material directly resulting from or displaced by the mining, cleaning or preparation of minerals and included all waste or abandoned materials deposited on affected lands from other sources and shall include, but not be limited to, garbage, trash, leftover cable and abandoned equipment and any other materials which may adversely effect or damage Reservation resources or which pose a threat to the health, safety, or welfare of the Reservation population. (ee) "Relief Culvert" means a structure to relieve surface runoff from roadside ditches to prevent excessive build-up in water volume and velocity. (ff) "Reservation" means the Colville Indian Reservation. (gg) "Reservation resource" means air, land, surface, water, groundwater, fish and wildlife, trees and other vegetation, cultural, historic and religious resources and shall also mean capital improvements located within the Colville Indian Reservation. (hh) "Reservation population" means all people either residing or otherwise conducting business or other activities on all lands, both trust and fee, within the exterior boundaries of the Colville Indian Reservation. (ii) "Side casting" means the act of moving excavated material to the side and depositing such material within the limits of road construction or dumping over the side and outside the limits of construction or dumping over the side and outside the limits of construction. (jj) "Spoil" means any material removed as overburden or mining refuse generated during mining operations, or any excess material removed or generated as overburden or generated during road construction which is not used within the limits of construction. (kk) "Spoil bank" means a deposit of excavated overburden or mining refuse. (ll) "Stop Work Order" means the administrative directive issued by the Department pursuant to section 4-6-20 of this Chapter. (mm) "Streamside Management Zone" means a specified area alongside natural waters where specific attention must be given to the protection of water quality. These zones shall be measured from the ordinary high watermark of the body of water and shall measure one chain (66 feet) in width on each side of Type 1 and Type 2 Waters, and one-half chain (33 feet) in width on each side of Type 3 and Type 4 Waters. (nn) "Surface mining" means the same as open mining. (oo) "Temperature Sensitive Waters" means those waters included with water identified on the "Water Type Map," the temperature of which may be adversely affected by the removal of shade producing vegetation to the extent that the fishery resource, water quality, or the Reservation resources may be damaged. (pp) "Tribe" means the Colville Confederated Tribes of the Colville Reservation. (qq) "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. (rr) "Water bar" means a diversion ditch and /or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not gain the volume and velocity which causes soil movement and erosion. (ss) "Water Quality Standard" means one of the several parameters used to measure the quality of all surface and ground waters of the Reservation. Water Quality Standards have been established by the Colville Business Council. 4-6-3 Water Categories (a) The Colville Tribes has classified streams, lakes, and ponds located within the exterior boundaries of the Colville Indian Reservation. These waters have been defined as Type 1, 2, 3, or 4 Waters. Type 1 Waters have been identified on the Water Type Map which is available from the Department determines that they constitute a critically sensitive resource requiring maximum protection and management. When requested by landowners, applicants or other affected persons, the Department shall hold informal conferences, which shall include a representative of the Colville Hydrology Department, and those contesting the proposed water type change. (b) The four water types have been defined as follows: (B) Major domestic water supplies; (C) Tribal and /or public recreation; (D) Fish spawning, rearing or migration; (E) Wildlife habitat and uses; (F) Protection of water quality; and (G) Capital improvement. (2) "Type 2 Water" classification shall be applied to segments of natural waters which: (B) Are perennial or intermittent streams which have a well defined channel eight (8) feet or greater in width between the ordinary high-water marks along the majority of the length of the stream segments; and (C) Are impoundments having a surface area greater than 0.5 acre at seasonal low water. (A)
Are not classified as "Type 1 or 2 Waters"; (C) Are impoundments having a surface area greater than 0.2 acre, and less than 0.5 acres, at seasonal low water. (A)
Are not classified as "Type 1, 2, or 3 Waters"’ (B) Are perennial or intermittent streams which have a well defined channel less than four (4) feet in width between the ordinary high-water marks along the majority of the length of the stream segment; (C) Are impoundment having a surface area less than 0.2 acre at seasonal low waters; and (D) Are areas of perennial or intermittent seepage, ponds, marshes, bogs, and drainage ways having short periods of seasonal or storm runoff. (A) "Natural Waters" only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation. (B) "Seasonal Low Flow" and "Seasonal Low Water" means the conditions of the seven-day (7), two-year (2) low water situation, as measured or estimated by accepted hydrological techniques recognized by the Department. (C) Channel width shall be measured over a representative section of at least five hundred (500) lineal feet with at least ten (10) evenly spaced measurement points along the normal stream channel. 4-6-4 Administration The Colville Tribe Geology Department shall be responsible for the administration of this Chapter, subject to appellate administrative review by the Colville Environmental Quality Commission (CEQC) as may be provided for by this Chapter and the Colville Administration Procedure Act. 4-6-5 Water Quality Permits Required—Duration—Renewal (a) Water quality permits for mining, exploration and prospecting operations on all lands within the Colville Indian Reservation are required as specified in this Chapter for all activities commenced, resumed, modified, or expanded after the adoption of this Chapter; providing that water quality permits under this Chapter are not required for walk-on prospecting as defined in this Chapter by landowners on their own trust or fee land, by Colville Tribal members on Colville Tribal lands or by other persons with a Tribal Walk-on Permit 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, stream diversion or impoundments. (b) All water quality permits issued pursuant to this Chapter shall be issued for a term not to exceed five (5) years or so long as may be specified in any other mineral permit issued by the Colville Tribes or Bureau of Indian Affairs. Provisions for permit renewal are set forth in section 4-6-8 of this Chapter. (c) A water quality permit for exploration operations is a limited authorization and shall not authorize mining operations. At the point at which exploration operations become mining operations, it shall be the responsibility of the operator to apply for and obtain a water quality-mining permit before commencing mining operations. 4-6-6 Special Sand and Gravel Permits—Ten Day Processing (a) Any sand, gravel, or quarry aggregate operation which is to be operated for the sole purpose of obtaining materials for highway, road utility, or similar type construction under a tribal, federal, state, county, city, town, or special district contract where the contract calls for work to be commenced within a specifically short time and which will affect ten (10) acres or less shall be subject to this section (4-6-6). (b) The operation 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 mining operation until such time as the subject governmental contract has been satisfied. Such application shall consist of the following: (2) Two copies of an accurate map of the affected land submitted with each of the applications. The map shall show information sufficient to determine the location of the affected land on the ground, streams and other waters, utilities and existing and proposed roads for access routes to be used in connection with the mining operation. (3) The application fee of two hundred dollars ($200.00) plus one dollar ($1.00) per acre affected, unless an application fee has already been paid to the Department in connection with said operations; and (4) A performance bond in an amount determined by the Department. (2) The name and address of the owner of the surface of the affected land; (3) The name and address of the owner of the subsurface rights of the affected land, and where the owner of the subsurface rights and the operator are not one and the same, evidence that the owner of the subsurface has agreed with the operator for the proposed operation; (4) The approximate size of the affected land; (5) Information sufficient to describe or identify the type of mining operation proposed and how it would be conducted; (6) The measures to be taken to comply with the applicable reclamation provisions of this Chapter; (7) The terms of the governmental contract which make a special permit necessary; (8) Evidence of any performance bond required under the governmental contract; and (9) A certificate of compliance by the Colville Planning Committee, that the mining operation would be in compliance with the applicable zoning and subdivision regulations. (e) The Department shall promptly act upon those special permits so that they may be issued within ten (10) working 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. (f) In the case where the Government or governmental agency, acting as an operator, requires a permit solely for the purpose of mining construction materials for public roads the government or governmental agency may in the Department’s discretion be granted a waiver from the requirements of paragraphs (3) and (4) of 4-6-6(b). 4-6-7 Application for Water Quality Permit—Fee—Notice (a) Any operator desiring to engage in exploration or mining operation within the exterior boundaries of the Colville Indian Reservation shall make written application to the Department for a permit in a form approved by the Department. The water quality permit or acceptable renewal of an existing water quality permit, if approved, may authorize the operator to engage in such exploration or mining operation upon the affected lands as described in the application. Such application shall consist of: (2) Legal description of the area within which the exploration or mining operation are to be conducted. (3) A topographic map of suitable scale upon which the proposed operation are plotted. (4) Description of the proposed methods of exploration or mining, support facilities, and required construction, including: (B) Equipment to be used: (C) Location of primary support roads, proposed road construction and road design specifications; (D) Location of any buildings, camps and other facilities and sewage disposal system on the affected lands; (E) Name and location of all streams, lakes, known groundwater deposits, water walls, power and communication lines, and building on or with two hundred (200) feet of the affected lands; and (F) List with addresses of owners of record of the affected lands and of lands adjoining the affected lands. (6) A basic fee of two hundred and fifty dollars ($250.00) and, in addition, one dollar ($1.00) per acre of land to be affected by such permit; Provided, that if the permit applicant has already paid the Department this amount in connection with any other permit pertaining to the proposed operations to be covered by the water quality permit, this fee under this Chapter may either be reduced or waived. If the operator is a government or governmental agency no application, renewal or amendment fee may be required, in the discretion of the Department. In no case shall the fee exceed two thousand dollars ($2,000), unless otherwise required by this Chapter. (7) Information provided the Department in an application for a permit relating to the location, size, or nature of the deposit and marked confidential by the operator shall be protected as confidential information by the Department and shall not be a matter of public record in the absence of a written release from the operator or until such mining operation has been terminated, except to the extent disclosure is required by law. (8) 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. The information exempted by subsection 4-6-7(7) shall be deleted from such file copies. (9) Following the Department’s approval as to form, the applicant shall cause notice of the filing of its application with the Department to be published in the Tribal Tribune and one other local newspaper of general circulation in the locality of the proposed exploration or mining operation once a week for four (4) consecutive weeks, commencing not more than ten (10) days after the filing of the application with the Department. Such notice shall contain information regarding the identity of the applicant, the location of the proposed exploration or mining operation. If such information does not violate the provision of subsection 4-6-7(7), 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. (10) In addition, the applicant shall mail a copy of such notice immediately after first publication to all owners of the surface rights of the affected land, 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 mining 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. 4-6-8 Renewal or Amendment of Water Quality Permits An operator may, within the term of a water quality permit, apply to the Department for a permit renewal, or for an amendment to the permit, increasing the acreage to be affected or otherwise revising the exploration or mining operation. Where applicable, there shall be filed with any application for amendment a map and application. The renewed or amended application shall be accompanied by a basic fee of twenty-five dollars ($25.00) plus one dollar ($1.00) for each additional acre; Provided, that if the permit holder has already paid the Department this amount in connection with any other permit renewal or revision pertaining to the proposed operation to be covered by the renewed or revised water quality permit, this fee under this Chapter may either be reduced or waived by the Department. A fraction of an acre shall be considered a full acre for the purpose of computing the fee. In addition, a supplemental performance bond, as determined by the Department, for any additional acreage shall be submitted. If the area of the original application is reduced, the amount of the performance bond, in the discretion of the Department, may be reduced. Renewal applications shall contain the information required in the original application if different from that in the original application or renewal. The renewal permit shall show the area to be explored or mined and the area reclaimed since the original permit or the last renewal. Applications for renewal or amendment of a permit shall be reviewed by the Department in the same manner as applications for new permits; in addition thereto a renewal or amendment application may be denied by the Department for one or more of the following reasons: (b) The existing exploration or mining operation and reclamation operations are not in compliance with the water quality protection standards of Tribal or federal law; (c) The renewal requested substantially jeopardizes the operator’s continuing responsibilities on existing permitted areas; (d) The operator has not provided evidence that the performance bond will continue in full force and effect for any renewal period requested; or (e) The operator has not provided the Department with any additional revised or updated information requested by the Department. 4-6-9 Reclamation Plan Requirements The reclamation plan required by this Chapter shall be based upon provisions for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation shall be required on all the affected land. The reclamation plan shall include the following: (b) A statement regarding the proposed subsequent use of affected lands after reclamation which is supported by satisfactory evidence that all the owners of a possessory interest in the lands concur with this proposed use; (c) Evidence that the proposed subsequent use is lawful under applicable land use and environmental laws; (d) A description of the types of reclamation the operator proposed to achieve upon the affected lands and the amount of acreage accorded to each type; (e) A description of how the reclamation will be achieved, including a timetable indicating when the reclamation plan will be implemented. The description of how the reclamation plan will be achieved shall include; (2) An estimate of the cost per acre for the reclamation; (3) A description of the manner and type of revegetation on affected lands which shall be sufficient to establish a diverse, long-lasting vegetative cover that is capable of self-regeneration and at least equal in cover to the original on the affected lands; (4) Proposed practices to protect adjacent lands, Reservation resources, and the Reservation population from harmful effects eminating from the effected lands; (5) Specifications for surface gradient restoration to a surface suitable to the proposed subsequent use after reclamation is completed; (6) Plans to prevent disturbance of prevailing hydrologic balance of the affected lands and surrounding area and to prevent disturbance of the quality and quantity of surface and ground water; (7) Methods for control and disposal of contamination from exploration or mining refuse; (8) Where applicable, plans for diversion of surface water around the disturbed lands and for restoration of stream channels and stream banks to a condition minimizing erosion, siltation and other population; (9) Where necessary to remove overburden to explore or mine minerals, plans for removal and segregation of topsoil from other soil. If such topsoil is not to be replaced on a backfill area within a time short enough to prevent deterioration of the topsoil or vegetative cover, other means shall be employed so that the soil is protected from water and wind erosion, remains free of contamination by other acid or toxic materials, and in a useable condition for sustaining vegetation when restored during reclamation. If, in the judgement of the Department, such topsoil is of insufficient quantity or of poor quality for sustaining revegetation, or if other material can be shown to be more suitable for the revegetation requirements, the operator, with the prior approval of the Department, may remove, segregate and preserve in a like manner such other material which is best to support revegetation; and (10) A topographic map of suitable scale portraying the final land use for each portion of the affected lands. 4-6-10 Protests and Petitions for a hearing 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 thus 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 twenty (20) days after the date of the last notice published by the applicant pursuant to section 4-6-7(9). The applicant shall be notified within ten (10) days of any written comments or request for public hearing submitted in response to his application and be supplied with copies of all such documents. 4-6-11 Approval and Disapproval Policy, Procedures and Administrative Appeal (a) Upon receipt of any application for a water quality permit and all fees due from the operator, the Department shall set a date for the consideration of such application not more than ninety (90) days after the date of filing. At that time the Department shall approve, conditionally approve or deny the application or, for good cause shown, hold a hearing on the question of whether the permit should be granted. (b) 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. A final decision on the application shall be made within one hundred twenty (120) days of the receipt of the completed application. In the event of serious 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. (c) If action upon the application is not completed within the one hundred twenty (120) day period specified in section 4-6-11(b) the applicant may apply to the Colville Environmental Quality Commission and request that the CEQC direct the Department to act on the application within a time period established by the Commission. (d) The Department shall grant a permit to an operator if the application complies with the requirement of this Chapter and all applicable Tribal and federal laws. The Department shall not deny or conditionally approve a permit, except for one or more of the following reasons: (2) The applicant has not paid the required fee; (3) Any part of the proposed exploration or mining operation or reclamation plan, or the proposed future use of the affected lands is contrary to Tribal of federal law; (4) The exploration or mining operation may cause damage to a Reservation resource or may adversely impact the health, safety or welfare of the Reservation population; (5) The exploration or mining operation may adversely affect the stability of any significant, valuable, and permanent man-made structure located outside the affected land, except where there is an agreement between the operator and the person having an interest in the structure that damage to the structure is to be compensated for by the operator; or (6) The operator is alleged to be in violation of the provisions of this Chapter with respect to any operation within the Colville Indian Reservation. Such an operator shall not be issued a new permit until such other operation is determined to be in compliance with this Chapter. 4-6-12 Permits Subject to Modification An approved water quality permit may, after timely notice and opportunity for a hearing, be modified by the Department at any time during the term of such permit for one or more of the following reasons: (b) The Department determines that the previously approved permit is inconsistent with the intent and purpose of this Chapter; (c) The Department determines that the previously approved permit is impossible or impracticable to implement; or (d) The operator and the Department mutually agree to modify the terms of the permit.
(a) Every
operator to whom an approved permit is issued pursuant to this Chapter
may engage in exploration or mining upon the affected lands in conformity
with the terms of that permit and this Chapter. (2) Locate the operator by subdivision, section, township, and range, and with relation to the nearest town or other well known geographic feature; (3) Estimate acreage to be newly disturbed by exploration or mining in the next twelve-month period; (4) Update any maps previously submitted or provide such maps as may be specifically requested by the Department. Such maps shall show: (B) The unit of affected lands; (C) The area to be explored of mined during the next twelve-month period; (D) If completed, the date of completion of exploration or mining; (E) If not completed, the area that will not be further disturbed by the exploration or mining operations; and (F) 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. 4-6-14 [Reserved] 4-6-15 Transfer of Permit No transfer, sale, or other assignment of the rights granted under any water quality permit issued pursuant to this Chapter shall be made without the written approval of the Department. 4-6-16 Performance Bonds and Others Security (a) Upon receipt of any operating permit an operator shall not commence exploration or mining operations until the operator has deposited with the Department an acceptable performance bond on forms prescribed and furnished by the Department. This performance bond shall be a corporate surety bond executed in favor of the Department by a corporation approved by the Department. (b) 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 mined during the next twelve (12) month period and any previously mined 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 mined during the twelve (12) month period, the Department may increase the amount of the bond to compensate for the increase. (c) 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 conditioned upon the operator’s faithful performance of the requirements set forth in this Chapter. In lieu of the surety bond required by this section may file with the Department a cash deposit, negotiable securities acceptable to the Department or an assignment of a saving account or of a savings certificate on an assignment form prescribed by the Department. (d) Liability under the bond shall be maintained as long as reclamation is not completed in compliance with the approved reclamation plan unless released prior thereto. 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. (e) A public or governmental agency may not be required to post a bond under the terms of this Chapter, in the discretion of the Department. (f) A blanket performance bond covering two or more exploration or mining operations may be submitted by an operator in lieu of separate bonds for each separate operation. (g) In the event of 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. 4-6-17 Enforcement Policy (a) It is the policy of this Chapter to encourage informal, practical, result-oriented resolution of alleged violations and actions needed to prevent present or future damage to Reservation resources or adverse impact on the health, safety or welfare of the Reservation population. It is also the policy of this Chapter, consistent with the principle of due process, to provide effective procedures for enforcement. (b) The following sections of this Chapter provide the following enforcement procedure: Informal conferences; administrative remedies; injunctions; judicial review and other civil relief. The enforcement procedure used in any particular case shall be appropriate in view of the nature and extent of the violation or the actual or potential damage or risk to Reservation resources or adverse impact on the health, safety or welfare of the Reservation population and in further consideration of the degree of bad faith or good faith of the persons involved. 4-6-18 Informal Conferences (a) Opportunity mandatory: The Department shall afford the operator or his representative reasonable opportunities to discuss proposed enforcement actions at an informal conference prior to taking further enforcement action; Provided, that the Department need not hold such an informal conference where the Department determines that the likelihood of further damage to Reservation resources or further adverse impact on the health, safety, or welfare of the Reservation population does not allow ample time for such an informal conference or conferences. Informal conferences may be used at any stage in enforcement proceedings, except that the Department may refuse to conduct informal conferences with respect to any matter then pending before the Colville Environmental Quality Commission or the Colville Tribal Court. (b) Reports required: 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. (c) Records available: Copies of written notes shall be sent to each participant in the conference, be kept in the Department files until one (1) year after final action on the permit involved, and be open to the public inspection. 4-6-19 Notice to Comply—Contents—Procedures—Hearing-Final Order Limitations on Action (a) If a violation which has or may cause material damage to a Reservation resource or harm to the Reservation population has occurred or may occur then the Department in its discretion may issue and serve upon the operator a notice, which shall clearly set forth: (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 ordered by the Department to be followed by the operator to correct such failure to comply and prevent, correct and/or compensate for material damage to Reservation resources or harm to the Reservation population which 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 a Reservation resource or harm to the health, safety or welfare of the Reservation population resulting from any violation, unauthorized deviation, or negligence. 4-6-20 Stop Work Order—Grounds—Contents—Procedure—Appeals (a) The Department shall have authority to serve upon an operator a Stop Work Order if immediate action is necessary to prevent continuation of or to avoid material damage to a Reservation resource or harm to the health, safety and welfare of the Reservation population and: (2) There is a deviation from the approved permit; or (3) Circumstances exist which would be a basis for modifying the permit pursuant to section 4-6-12. (2) An order to stop all work connected with the violation, deviation, damage or potential damage; (3) The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to Reservation resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a Reservation population; and (4) The right of the operator to a hearing before the Colville Environmental Quality Commission. The Department shall immediately file a copy of such order with the Colville Environmental Quality Commission and mail a copy thereof to the operator at the addresses shown on the permit application. The operator has commence an appeal to the Colville Environmental Quality Commission within fifteen (15) days after service upon the operator. If such appeal is commenced, a hearing shall be held not more than twenty (20) days after copies of the notice of appeal were filed with the Colville Environmental Quality Commission. The operator shall comply with the decision or order of the Department immediately upon being served, but the Colville Environmental Quality Commission, if so requested, shall have authority to continue or discontinue in whole or in part of the order of the Department under such conditions as it may impose the outcome of the proceedings.
Nothing
in this Chapter as now or hereafter amended shall modify or waive any
requirement to comply with applicable federal laws and regulations.
Nothing in this Chapter as now or hereafter amended shall be constructed
to modify, waive or impair the trust responsibility of the United States.
(2) Locate roads to minimize disturbance to all surface and groundwater resources on the Reservation. Avoid locating roads in narrow canyons, marshes, wet meadows, natural drainage channels, and geological hazard area. (3) Locate roads a safe distance from streams or lakes when running parallel to water bodies. At a minimum, do not locate roads within Streamside Management Zones. (4) Fit the road to the topography to minimize soil disturbance. Locate roads to take advantage of naturally stable areas, such as natural benches, ridgetops, flatter slopes, etc. (5) Keep road grades within eight-ten (8-10%) percent, or less, where possible and practical. Where excessive excavation requirements or topography constraints are present, occasional grades of up to fifteen (15%) percent may be used with prior Department approval. Keep steep segments as short as possible where the grade necessarily exceeds eight-ten (8-10%) percent. (6) Avoid long, continuous grades; avoid long, completely flat segments where ponding will occur. (7) Avoid headwalls at a tributary drainage source on ridgetop routes. Locate roads slightly off-center on ridgetop routes. (8) Avoid locating roads on excessively steep unstable, erosional, or slide prone slopes. Obtain soils and area geophysical information and review sensitive lands maps where available and survey adjacent similar areas for vegetation and topography "indicators" for suspected problem areas. (9) Minimize the number of stream crossings. All stream crossings must be approved by the Department in writing in advance. (10) Choose crossing locations at right angles to the stream channels. (2) Fit the road to the topography so that alterations of natural features are minimized. (A) Minimize and balance cuts and fills. Use waste excavation in fills to avoid heavy sidecasts whenever feasible. (B) Sacrifice alignment to avoid heavy excavation. Fit the road to the topography so landscape alterations are minimized. (C) Plan and locate switchbacks on the flattest slope available to avoid heavy excavation. (D) Avoid sidecasting material on slopes over fifty (50%) percent which are terminated within five hundred (500) feet of a stream or lake. (E) Fill slope ratios unless otherwise approved by the Department are;
(4) Plan stream crossings with care so that channel and bank disturbance is minimized. (5) Where necessary to protect fill embankments from stream erosion, a headwall (usually riprap or gabions) is recommended to prevent erosion of the fill. (6) All roads should be designed with adequate permanent or temporary water management and/or crossing structures so that the road does not become a source of erosion and sedimentation. (B) Cross drains, relief culverts and diversion ditches shall not discharge directly into natural waters or onto erodable soils or fill slopes unless adequate outfall protection is provided which prevents erosion. (C) Effective drainage structure shall be installed at all low points in the road gradient. Generally, spacing should be no wider than as follows:
(D) Drainage structures on permanent roads shall be designed to handle a fifty (50) year flood and should be functional at all times. Plugged or damaged structures shall be cleaned or replaced before runoff occurs. (E) Drainage structures or temporary roads which cross natural watercourses shall be designed to handle a twenty-five (25) year flood and shall be removed upon completion of use, restoring the watercourse to its original water carrying capacity. (F) Relief culverts shall meet the following minimum specifications: (ii) Be installed with adequate headwalls, where needed, and sloping downward toward the outside shoulder of the road at a minimum to keep the culvert clean and at a maximum of four (4%) percent. (H) Design road grades and locate culverts so silt will settle out and not drain into the watercourses. (2) Deposit excess debris, slash and road building materials in stable locations outside of the Streamside Management Zone. (3) Do not allow the low point of a grade break to occur on deep fills if possible. (4) All ditches, culverts, cross drains, water bars and diversion ditches shall be installed concurrently with construction of the roadway. (5) Alter the spacing of surface drainage structure, if necessary, so that water spills on stable areas. (6) Avoid unnecessary soil and vegetation disturbance. (7) Do not divert the runoff or streamflow from two or more drainage into one channel. (8) Do not dredge materials from streams for road construction. (9) Clear stream channel of all debris and slash generated during operations prior to removal of construction equipment from the vicinity or the winter season, whichever is first. (10) End haul or overhaul construction is required where sidecast material would be within the Streamside Management Zone of Type 1 through Type 4 Waters. (11) Material used in road construction shall be free of loose stumps, excessive accumulation of slash, and woody materials of more than three (3) cubic feet. (12) During road construction, fills or embankments shall be built up in two foot layers. Each layer shall be compacted by operating the tractor or other equipment over the entire surface of the layer. Chemical compacting agents may be used in accordance with sections 4-7-86 and 4-7-87. (13) Construction should be accomplished when low flow periods and soil conditions are least likely to result in excessive erosion and/or soil movement. (14) Spoil and debris shall be deposited outside the Streamside Management Zone. When soil and other debris is deposited in an appropriate location, embankments so formed shall be compacted by layering or so stabilized that the risk of its later entering the Streamside Management Zone is minimal. (15) When soil exposed by road construction appears to be unstable or erodible and is so located that slides, slips, slumps or washing may reasonably be expected to cause unreasonable damage to a reservation resource, then such exposed soil areas shall be seeded with grass, other cover or be treated by other means acceptable to the Department. (16) When temporary stream crossings are necessary, pick locations requiring a minimum of bank disturbance and soil displacement. Equipment shall not be used in stream crossing without prior written approval of the Department. (17) Fully backslope each graded section except where vertical banks are proven to be more stable than sloping ones. (18) Rough grade a new road only as far as that road can be completely finished during the current construction season. Drain incompleted segments of permanent or temporary roads to be left over winter season or other extended periods, outsloping or ditching with cross drains, water bars, and diversion ditches to minimize soil erosion and stream siltation. (19) Do not conduct earth moving activities when the soils are saturated. Contract grades through wet soils during dry season. (20) Use grade changes (concave vertical curve) to turn water off roads, particularly to protect fills at stream crossings. (21) Shut down construction during periods of heavy rainfall. (2) Permanent bridges shall be designed and constructed at the minimum to pass without obstruction the fifty (50) year flood level of the stream it spans. Bridges should be designed by a registered engineer unless the Department authorizes specific exemptions for particular bridge crossings. (3) One end of each new permanent log or wood stringer bridge should be tied or firmly anchored, if the elevation of the bridge is within ten (10) vertical feet of the fifty (50) year flood level. (4) Plan all construction activities in the stream to coincide with low seasonal streamflows. (5) Excavation for placement of bridge sills, piers, abutments or wing walls shall be done from outside the ordinary high water mark, unless such operations are authorized by the Department. (6) Construction equipment shall be operated in a manner that will cause the least aggravation to the streambed and banks. Remove any stumps, logs, chunks, branches, etc., that might have been pushed into the streambed during construction. (7) Bridge approaches shall slope away from the bridge deck to avoid drainage onto the deck and into the water body. This will also extend the life of the bridge. (8) Bridge approach fills and banks shall be stabilized as necessary to prevent undue or excessive erosion, paying particular attention to proper ditching. Riprap, bulkheads, wing wells or other measures may be required. (9) Stream bed and bank areas shall be restored as nearly as possible to their original condition upon completion of the project. (10) When earthen materials are used for bridge surfacing, curbs or guards of adequate size shall be installed which will prevent the surface material from entering the stream. (11) Temporary bridges shall be installed during low water periods, used or removed before the following peak water flow (spring runoff). (2) Minimum sizes of permanent culverts are; (B) Twenty-four (24) inches in diameter for resident game fish streams. Open bottomed culverts must be required. (C) Eighteen (18) inches in diameter for other water. (4) The alignment and slope of the culvert shall conform to the natural flow of the stream for all streams. (5) In areas where fish are present, the bottom of the culvert shall be installed slightly below the natural stream bottom at both ends of the culvert. (6) All culvert installations shall terminate on materials that will not readily erode under full flow of the culvert. (A) If water is diverted from its natural channel, return the water to its natural channel via culvert, flume spillway or other non-erodible structure. (B) When flumes, downspouts, downfall culverts, etc., are used to protect erodible soils or return water to its natural stream course, the discharge point must be protected from erosion by: reducing water velocity by catch basins, use of rock spillways or gabions, riprapping, or installing permanent splash plates. (8) The inlet ends of all ditch culverts shall have adequate catch basins and headwalls to minimize the risks of culvert siltation and "by-pass" of the culvert from erosion of the headwall. Rock headwalls shall be placed on all culverts where annual peak flows exceed 100 cfs; and where headwall erosion is expected on smaller streams, as determined by the Department. (9) Ditch culverts that may reasonably be expected to carry near capacity water volumes or to encounter some siltation should: (B) Have a smooth gradient drip of not less than two (2) percent. (11) All required culverts, ditches, cross drains, drainage dips, water bars and diversion ditches shall be installed concurrently with construction of the roadway. (2) Temporary bridges or culverts, adequate to carry the twenty-five (25) year flow for the operation period can be used when: (B) The temporary structure is installed after spring runoff and removed prior to the possibility of commencement of the following spring runoff. (4) Temporary bridges or culverts shall be promptly removed upon completion of use. The removal shall include: (B) Efforts to avoid siltation to the stream bed. (C) Remove or protect approaches to the crossing by riprapping, revegetating, or whatever means necessary to insure the stabilization of the approach below the fifty (50) year flood level. (2) Place all material obtained during maintenance of ditches, etc., in a safe bench or cove location. Never deposit such materials directly into a streambed or in areas where the material can be washed into a stream during high flow periods. (3) Retain outslope drainage and remove all berms on the outside edge, except those intentionally constructed for the protection of road grade fills. (4) Road surfaces shall be maintained to reduce erosion and water quality degradation potential by using water, surface binders, sealers or oilmats. All road surface treatments, except water, shall not be sprayed within the Streamside Management Zone for those existing road segments that are within the established zones. Extreme care should be exercised to avoid excess application of any treatment. (B) The road surface shall be maintained as necessary to minimize erosion of the surface and subgrade: (i) Roads shall be watered or treated with chemicals to prevent "powdering" of the road surface; (ii) During and upon completion of the operation, road surfaces shall be crowned, outsloped or water barred and unnecessary berms removed to prevent erosion of the roadbed. (B) Ditches shall be adequate to carry water loads and cleaned on completion of use. (C) Temporary culverts, bridges or other water crossing structures shall be removed. (D) The road shall be blocked to vehicular traffic and should be posted "Closed to Vehicular Traffic".
(2) During construction and operation of rock quarries, gravel pits or borrow pits, runoff water shall either be diverted to the forest floor or passed through one or more settling basins, as approved by the Department. (3) During operation, surface flows shall be prevented from passing through or out of borrow pit areas. (4) If rock is to be washed, provision must be made for adequate settling basin(s) to prevent any stream siltation. (5) Spoil disposal shall be located: (A) Outside the Streamside Management Zone; (B) Where the final slopes after completion of the project will be no greater than the fill slope ratios set forth in section 4-6-61(c)(2)(E) for materials where dumped; (C) On areas having the lowest potential timber productivity, where practical; (D) On slopes where the erosion or mass soil movement is minimal; (E) All spoil will be placed to allow drainage without water ponding.
(B) Grade all cut and fill slopes to the fill slope ratios set forth in section 4-6-61(c)(2)(E) for material present, unless otherwise approved. (C) Revegetation to the extent practical.
(2) Chemical control of roadside brush will not be done within Streamside Management Zones. (1) Apply oil that is not potentially contaminated by any substance that is hazardous to any Reservation resource or to the health, safety or welfare of the Reservation population to the road surface only when the air temperature is above 55º F, when the ground is frost-free, and during the season when there is a minimal chance of rain for the next forty-eight (48) hours. (2) Water the road surface prior to application of oil to assist in penetration. (3) Construct a temporary berm alongside the road shoulder where needed to control runoff of the applied chemical. (4) Take extreme care to avoid excess application of road chemicals. Shut of the flow at the Streamside Management Zone. (5) When cleaning out storage tanks or the application equipment tanks used for storage and application of road treatment materials, dispose of the rinse water, other fluids and solids on the road surface or in a place safe from potential contamination of water. 4-6-62 Operations Drainage (a) All surface waters which might damage regraded slopes or drain into the exploration of mine operations will be intercepted on the uphill side of the highwall or other operations perimeters by diversion ditches and be conveyed by stable channels or other means to natural or prepared watercourses outside the operations area, unless the Operator determines, with the written concurrence of the Department, that such ditches and channels are unnecessary or would create a serious pollution problem. Such diversion ditches and channels shall be of sufficient size and grade to carry the twenty-five (25) year flow event. If diversion attaches are likely to carry surface water only intermittently, they should be re-topsoiled and revegetated with grasses, forbs and/or legumes. All diversion ditches and channels should be mapped or shown on the aerial photograph submitted with the Permit Application. (b) No surface waters will be discharged through or permitted to infiltrate onto existing mine workings. (c) Surface waters and groundwaters will be controlled to prevent their entry into mine working. (d) All drainage from active exploration or mining 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. (e) Spoil shall not be placed in drainage ways. The lower edge of spoil piles will be placed well outside the Streamside Management Zone. (f) When cleaning underground sumps or tanks, the sediment shall never be flushed to a water course or deposited where it will wash into a lake or stream. 4-6-63 Drilling of Exploration Operations (a) The number and location of drill holes, test pits and other excavation shall be shown on the map or aerial photograph submitted with the Permit application. (b) Drill sites, test pits, bulldozer work and other excavation shall not be conducted in dry or flowing stream channels. Excavations and bulldozer work should be kept to a minimum and all reasonable efforts should be made to locate drill sites where no bulldozer work will be necessary. (c) Drilling mud and drill cuttings should be confined to the site. Whenever possible these materials should be replaced in the drill hole as soon as geophysical loggings are completed. All other refuse from drilling operations shall be disposed of by burial or by hauling to an authorized landfill. Drill holes should be plugged with a full clay plug. (d) Drill holes shall be abandoned in the following manner: (2) Drill holes which have encountered any aquifer shall be sealed, utilizing a sealing procedure that is adequate to prevent fluid communication between aquifers. (3) Each drill hole shall be securely capped at a minimum depth compatible with local cultivation practices or at a minimum of two feet below either the original land surface or the collar of the hole, whichever is the lower elevation. The cap is to be made of concrete or other material that is satisfactory for such capping. The site shall be back-filled above the cap to the original land surface. (4) Each drill site shall be reclaimed pursuant to this Chapter including, if necessary, reseeding if grass or any other crop is destroyed. (e) Abandonment in a manner provided in paragraph (d) of the section shall occur immediately following the drilling of the hole and the probing for minerals in the exploration process. However, a drill hole may be maintained as temporarily abandoned without being plugged, sealed or capped. However, no drill hole which is to be temporarily abandoned without being plugged, sealed or capped shall be left in such a condition as to allow a fluid communication between aquifers. Such temporarily abandoned drill holes shall be securely covered in a manner which will prevent injury to persons or animals. (f) No
later than sixty (60) days after the completion of the abandonment pursuant
to paragraph (d) of this section of any drill hole which has artesian
flow at the surface, the person conducting the exploration or mining
shall submit to the Department a report containing the location of such
hole to within two hundred (200) feet of its actual location, the estimated
rate of flow of such artesian flow (if such is known), and the facts
of the technique used to plug such hole. Such report and all information
contained therein shall be confidential in nature and shall not be a
matter of public record.
|