Sec. 10-4.101. Title.

   This chapter shall be known as "The Off-Channel Surface Mining Ordinance of Yolo County” or “Mining Ordinance”. (§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Sec. 10-4.102. Authority.

   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)

Sec. 10-4.103. Purposes.

   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)

Article 2. Definitions

Sec. 10-4.201. Scope.

   The definitions set forth in Article 2 of Chapter 5 of this title shall apply throughout this chapter. (§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Sec. 10-4.202. Abandon: Abandonment.

   “Abandon” or “abandonment” shall mean to cease surface mining or reclamation with the intention of not resuming or reclamation. Operations that have an approved interim management plan shall not be considered abandoned, unless the operator is financially incapable of performing reclamation or has failed to observe an order to comply. However, any surface mining operation that is idle for twelve (12) consecutive months or longer shall be considered abandoned.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Sec. 10-4.203. Act.

   “Act” shall mean the Surface Mining and Reclamation Act of 1975, specifically referring to Chapter 9 of Division 2 of the State Public Resources Code, Sections 2710 et seq.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)