Sections:
Article 1. Title, Authority and Purpose
10-4.101 Title.
10-4.102 Authority.
10-4.103 Purposes.
Article 2. Definitions
10-4.201 Scope.
10-4.202 Abandon: Abandonment.
10-4.203 Act.
10-4.204 Agency.
10-4.205 Board.
10-4.206 CEQA.
10-4.207 Commission.
10-4.208 County.
10-4.209 Department.
10-4.210 Director.
10-4.211 Financial assurances.
10-4.212 Haul road.
10-4.213 Idle.
10-4.214 Interim management plan.
10-4.215 Mined lands.
10-4.216 Mining waste.
10-4.217 Minor modification.
10-4.218 Operator.
10-4.219 Overburden.
10-4.220 Prime agricultural land.
10-4.221 Reclamation.
10-4.222 Reclamation plan.
10-4.223 Regulations.
10-4.224 Responsible agency.
10-4.225 Slope.
10-4.226 State CEQA guidelines.
10-4.227 Surface mining operations.
10-4.228 Trustee agency.
Article 3. Scope and Exemptions
10-4.301 Incorporation by reference.
10-4.302 Scope of regulations.
10-4.303 Scope: Area defined.
10-4.304 Exemptions: Defined.
10-4.305 Exemptions: Applications.
Article 4. Off-Channel Mining Standards
10-4.401 Scope.
10-4.402 Access roads.
10-4.403 Accident reporting.
10-4.404 Aesthetics.
10-4.405 Annual production limits.
10-4.406 Benches.
10-4.407 Conveyor systems.
10-4.408 County road improvements.
10-4.409 County road maintenance.
10-4.410 Cultural resources.
10-4.411 Dam requirements.
10-4.411.1 Depth of mining.
10-4.412 Dewatering.
10-4.413 Drainage.
10-4.414 Dust control.
10-4.414.1 Energy.
10-4.415 Equipment maintenance.
10-4.416 Flood protection.
10-4.417 Groundwater monitoring programs.
10-4.418 Habitat conservation plan compliance.
10-4.419 Haul roads.
10-4.419.1 Hazardous materials storage.
10-4.420 Lighting.
10-4.420.1 Mercury bioaccumulation in wildlife.
10-4.421 Noise: General standard.
10-4.422 Noise: Sonic safety devices.
10-4.423 Noise: Traffic.
10-4.424 Other agency approvals.
10-4.425 Parking.
10-4.426 Permit life.
10-4.427 Protection of nearby drinking water wells.
10-4.428 Sanitary facilities.
10-4.429 Setbacks.
10-4.430 Site maintenance.
10-4.431 Slopes.
10-4.432 Soil removal.
10-4.433 Soil stockpiles.
10-4.434 Technical report recommendations.
10-4.435 Transfer of allocation.
10-4.436 Vegetation protection.
10-4.437 Wastewater discharge.
10-4.438 Watercraft.
10-4.439 Wetlands.
10-4.440 Wildlife habitat.
10-4.441 Exceptions.
Article 5. Surface Mining Permit Approval Process
10-4.501 Zoning requirements.
10-4.502 Applications: Contents.
10-4.503 Applications: Waiver of information.
10-4.504 Applications: Filing.
10-4.505 Applications: Review.
10-4.506 Applications: Public hearing.
10-4.507 Public hearing: Notice.
10-4.508 Public hearing: Review.
10-4.509 Public hearing: Findings for approval.
10-4.510 Public hearing: Decision.
Article 6. Amendments and Modifications to Approved Surface Mining Permits
10-4.601 Amendments and modifications: Purpose.
10-4.602 Amendments: Applications.
10-4.603 Amendments: Exceptions.
10-4.604 Minor modifications.
10-4.605 Interim permit review.
Article 7. Annual Reports
10-4.701 Annual reports: Contents.
10-4.702 Annual reports: Filing.
10-4.703 Annual reports: Hearing.
Article 8. Fees.
10-4.801 Fees: Applications.
10-4.802 Fees: Inspections and administrative.
10-4.803 Fees: Maintenance and remediation fund.
10-4.804 Fees: Delinquent payment.
Article 9. Confidentiality of Records
10-4.901 Confidentiality of records.
Article 10. Appeals
10-4.1001 Appeals: Planning Commission.
10-4.1002 Planning Commission appeals: Hearings.
10-4.1003 Appeals: Board of Supervisors.
10-4.1004 Board of Supervisors: Hearing.
10-4.1005 Appeals: Scope.
10-4.1006 Appeals: Withdrawal.
10-4.1007 Appeals: State Mining and Geology Board.
Article 11. Inspections: Notices of Violations
10-4.1101 Inspections: Purpose.
10-4.1102 Inspections: Annual.
10-4.1103 Annual inspections: Notification.
10-4.1104 Inspections: Designee.
10-4.1105 Violations: Notice.
10-4.1106 Violations: Order to comply.
10-4.1107 Violations: Hearing.
10-4.1108 Violations: Revocation.
10-4.1109 Violations: Administrative penalties.
10-4.1110 Violations: Public nuisance.
Article 1.
Title, Authority and Purpose
Title, Authority and Purpose
This chapter is enacted pursuant to the authority granted by the California Surface Mining and Reclamation Act of 1975, Chapter 9 of Division 2 of the Public Resources Code of the State, commencing with Section 2710, and pursuant to the powers of the County to protect the public health, safety, and welfare pursuant to Section 7 of Article XI of the Constitution of the State. (§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
The purposes of this chapter are as follows:
(a) The extraction of sand and gravel is essential to the continued economic well-being of the State and to the needs of society. Although the County encourages the production of sand and gravel, consideration must also be balanced by other societal values, including but not limited to recreation, water resources, wildlife, agriculture, and aesthetics;
(b) The potential environmental impacts, operational methods, and reclaimed end uses of in-channel surface excavation are significantly different from those associated with off-channel surface mining. Thus, it is appropriate to provide separate performance standards and findings for both in-channel and off-channel activities, so that regulations contained within this title are sensitive to the specific issues involved in each of the two (2) types of operations;
(c) Due to concerns about the impacts of excavation within the channel to structures, property, and riparian habitat, in-stream surface excavation will be minimized and will only be permitted for maintenance of flood flow capacity; protection of existing structures, infrastructure, and/or farmland; erosion control; implementation of the Channel Form Template; enhancement of creek stability; establishment of riparian vegetation; recreation and open space uses consistent with the Parkway Plan; and similar channel maintenance activities. Therefore, in order to provide the aggregate necessary for the County's needs, off-channel mining will be encouraged;
(d) Off-channel surface mining must be carefully monitored, in order to eliminate residual hazards to the public health and safety, and to maximize the benefits to the County from surface mining operations; and
(e) Off-channel surface mining takes place in diverse areas, where the geologic, climatic, biological, and social conditions are significantly different. Surface mining permits must be specifically adapted to the requirements of the particular land being mined. Therefore, this chapter imposes general performance standards, by which off-channel surface mining operations shall be measured in order to ensure that resources and infrastructure are managed in a consistent manner to maximize their overall benefit.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
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