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(a) Where gravel bars are to be removed, there shall be minimal disturbance of established, mature riparian vegetation and there shall be preservation of geomorphic controls on channel gradient where they exist. Complete removal of gravel bars may be recommended by the TAC and approved by the Director only if hydraulic conditions related to the bar are recognized to threaten structures and property.
(b) Aggregate material to be removed from the streambed or streambank under approved in-channel projects shall be removed as soon as is practicable after deposition, prior to the establishment of vegetation. No stockpiles shall be left within the channel after material removal has been completed.
(c) The amount of aggregate removed from the channel shall be limited to the average annual amount of sand and gravel (and associated fines) deposited since the last prior year of inchannel material removal as estimated by the TAC based on channel topography and bathymetry, not to exceed 690,800 tons annually on average over a ten (10) year period, except where bank widening is necessary as a part of implementing the Channel Form Template, or where potential erosion and flooding problems exist. The amount and location of in-channel aggregate material removal shall be carried out according to the ongoing recommendations of the TAC and any related County approvals, with the voluntary cooperation of the landowners.
(d) Aggregate material removed pursuant to this ordinance may be sold (CCRMP, Section 6.1, para. 5). This material is excluded from the tonnage allocation assigned to each off-channel operator pursuant to an approved FHDP (CCRMP, Section 6.1, para. 7).
(e) The volume of aggregate material removed pursuant to this ordinance shall be reported to the County on an annual and total-per-permit basis.
(f) Unless a subsequent environmental impact assessment is completed or a determination is made that a subsequent environmental impact assessment is not necessary, the combined volume of aggregate material removed from in-channel and off-channel sources that is transported on the County roadway network in any given year shall not exceed the annual allocation assigned to the applicable off-channel operator (as specified in their approved mining permit). (as amended by Ord. 1518, eff. February 13, 2020)
Removal of in-channel aggregate materials shall only occur pursuant to this chapter and pursuant to the requirements of the CCRMP/CCIP. Removal of in-channel aggregate materials shall be restricted to locations within the Cache Creek channel that fall within the boundaries of the CCAP. (as amended by Ord. 1518, eff. February 13, 2020)
Noise levels shall not exceed an average noise level equivalent (Leq) of eighty (80) decibels (dBA) measured at the outermost boundaries of the parcel being excavated. However, noise levels may not exceed an average noise level equivalent (Leq) of sixty (60) decibels (dBA) at any nearby residences or other noise-sensitive land uses, unless emergency conditions require otherwise as determined by the Director. (as amended by Ord. 1518, eff. February 13, 2020)
FHDPs shall be approved for the period of time identified by the Director as necessary to complete the proposed in-channel activity, up to a maximum period of two (2) years. A permit may be extended for an additional two (2) years, subject to further review and approval by the Director. All FHDPs shall be subject to annual adjustment by the Director to address the amount of materials that can be extracted from the site based on data obtained through the annual monitoring program. (as amended by Ord. 1518, eff. February 13, 2020)
Streambed regrading after material removal, if required, shall leave behind an undulating surface topography outside of the low-flow channel as similar to naturally formed topography in the project area as possible, so that the resulting surface depressions expose the shallow water table and maximize potential for colonization by riparian trees. Features such as channels and pools maximize the diversity of environmental conditions for the establishment of riparian habitat, and are therefore encouraged. (as amended by Ord. 1518, eff. February 13, 2020)
(a) Restoration plans shall be reviewed by the TAC prior to implementation. Restoration projects shall include a minimum of three (3) years of post-implementation monitoring to ensure establishment of native species. Longer monitoring periods are encouraged as relevant to the species. Two (2) years of monitoring following irrigation removal should be considered if merited based on species and site conditions. Monitoring need not be restricted to a contractor obligation and may be partially satisfied through observations conducted during the annual creek walk. Pursuant to the CCRMP (Action 4.4-6) projects that establish native woody vegetation shall be favored over emergent wetlands in appropriate areas within the planning area.
(b) Design and develop habitat restoration projects so that they do not adversely impact the agricultural productivity of nearby farmland.
(c) Restoration projects may be coordinated with agricultural drainage structures that empty into Cache Creek or previously mined areas separated from the creek, so that the sediment deposited can provide additional topsoil and so that riparian species requiring a more steady supply of water can be established.
(d) Vegetated buffers should be placed between restored habitat areas and adjoining farmland in order to minimize the potential for riparian areas to serve as reservoirs for predators and insect pests. Said buffers will also reduce the effects of noise, dust, and spraying generated by agricultural operations on wildlife and riparian vegetation.
(e) Species and water features included in habitat areas should be designed to discourage the intrusion of wildlife, insect pests, and weeds that would impair local crops.
(f) Trees that are suitable for wildlife perching near agricultural fields dedicated to row crop production should be incorporated into habitat design in order to provide foraging habitat for Swainson’s hawks and other birds of prey.
(g) All habitat restoration, creation, or enhancement plans proposed within the CCRMP channel boundary shall be reviewed by the County Agricultural Commissioner if requested by proponents of channel modification projects. The Agricultural Commissioner shall identify and recommend appropriate vegetative buffers between habitat areas and agricultural fields and effective management of site water resources (including appropriate integration of agricultural drainage features into habitat planning). Buffers that would result in partial or secondary loss of agricultural land shall not be recommended by the Agricultural Commissioner.
(h) Incorporate agriculturally related features, such as agricultural forage areas and drainage systems, into the design of habitat planning. (as amended by Ord. 1518, eff. February 13, 2020)
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