(1) Mining shall be prohibited waterward of the OHWM.
(2) Mining facilities shall be located within shoreline jurisdiction only when no feasible sites are available outside shoreline jurisdiction and only after the applicant has demonstrated compliance with the mitigation sequencing requirements of PMC 29.15.040, Environmental Protection.
(3) Mining in shoreline jurisdiction shall only be approved when the material proposed to be extracted is only available in a shoreline location. This determination shall be based on an evaluation of geologic factors, such as the distribution and availability of mineral resources for that jurisdiction, the need for such mineral resources, and economic, transportation, and land use factors. This demonstration may rely on analysis or studies prepared for purposes of the Comprehensive Plan’s designations and may be integrated with any relevant environmental review conducted under SEPA, Chapter 43.21C RCW, or otherwise be shown in a manner consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a), as amended.
(4) Mining facilities and associated activities shall be designed and located to prevent loss of ecological function.
(5) Application for permits for mining operations shall be accompanied by operation plans, reclamation plans, and analysis of environmental impacts sufficient to make a determination as to whether the project will result in net loss of shoreline ecological functions and processes during the course of mining and after reclamation, and how impacts will be mitigated to achieve no net loss of these functions. Creation, restoration, or enhancement of habitat for priority species and the future productivity of the site may be considered in determining no net loss of ecological functions.
(7) Preference shall be given to mining uses that result in the creation, restoration, or enhancement of habitat for priority species.