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Yolo County Overview
Yolo County, CA Code of Ordinances
YOLO COUNTY, CA CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION
Title 3 FINANCE
Title 4 PUBLIC SAFETY
Title 5 PUBLIC WELFARE, MORALS, AND CONDUCT
Title 6 SANITATION AND HEALTH
Title 7 BUILDING REGULATIONS
Title 8 LAND DEVELOPMENT AND ZONING
Title 9 PARKS AND RECREATION
Title 10 ENVIRONMENT
Chapter 1 ENVIRONMENTAL IMPACT ASSESSMENTS*
Chapter 2 ELM TREES
Chapter 3 CACHE CREEK AREA PLAN IN-CHANNEL ORDINANCE*
Chapter 4 OFF-CHANNEL SURFACE MINING
Article 1. Title, Authority and Purpose
Article 2. Definitions
Article 3. Scope and Exemptions
Article 4. Off-Channel Mining Standards
Article 5. Surface Mining Permit Approval Process
Article 6. Amendments and Modifications to Approved Surface Mining Permits
Article 7. Annual Reports
Article 8. Fees
Article 9. Confidentiality of Records
Article 10. Appeals
Article 11. Inspections: Notices of Violations
Chapter 5 SURFACE MINING RECLAMATION*
Chapter 6 AGRICULTURE
Chapter 7 GROUNDWATER
CHAPTER 8 AGRICULTURAL SURFACE MINING AND RECLAMATION ORDINANCE
CHAPTER 9 STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Chapter 10 HABITAT MITIGATION ORDINANCE
Chapter 11 GRAVEL MINING FEE ORDINANCE
Chapter 12 OFF-HIGHWAY VEHICLE USE AND OPERATION
Chapter 13 YOLO HCP/NCCP
Chapter 14 INDUSTRIAL HEMP CULTIVATION, MANUFACTURING, PROCESSING, AND STORAGE
Title 11 CABLE COMMUNICATIONS
Title 12 BUSINESS LICENSES
Parallel Reference Table
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Sec. 10-4.407.   Conveyor systems.
   Wherever practical and economically feasible, portable or movable conveyor systems shall be used to transport raw materials and overburden.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.408.   County road improvements.
   It is the intent of this program that each operator shall pay for any road improvements determined to be necessary to support their operation consistent with County and CCAP standards, and for ongoing operations and maintenance. Each operator shall pay its fair share toward improvements required to maintain a structural capacity (traffic index) sufficient for the project traffic and to maintain operations on County roads and on State Highways within the OCMP planning area consistent with applicable General Plan policies related to LOS and applicable State policy related to VMT. Fair share mitigation shall also be required to improve existing operational as well as structural deficiencies of the transportation system. Specific locations shall be identified through the project-specific environmental review process for each operator's long-term mining permit application. Each operator shall participate in a funding program operated by the County which is designed to ensure that all improvements are made in a timely manner and that a reimbursement mechanism is in place to ensure repayment of any costs contributed in excess of fair share amounts. The program shall be initiated upon the approval of the long-term mining permits and shall be updated biennially by the County to ensure any new or modified impacts or funding sources are being addressed.
   Each operator shall have the option to complete the work at their expense without triggering the competitive bid process, as long as they comply with the applicable legal requirements of the County. If the operator declines the option, the County shall utilize the competitive bid process.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.409.   County road maintenance.
   The operator shall agree to assume joint pavement maintenance responsibility with the County (or shared with another producer using the same roadway) for all County roads along a designated haul route from the access point of the surface mining operation to an appropriate State Highway. The County will provide maintenance of the county-maintained roadside drainage ditches, traffic signs, and striping. By May 15 of each year, the operator shall submit to the County an annual evaluation report documenting the structural integrity of the pavement structural section and the PCI of the roads maintained by the operator. The annual report shall be signed and sealed by a civil engineer licensed in the State of California. The report shall contain a proposed action plan for pavement maintenance and pavement improvements to maintain safe and efficient traffic operation on the roads, and a PCI of 70 or more, unless otherwise agreed by the County, as defined by American Society for Testing and Materials (ASTM) Method D6433 (Standard Practice for Roads and Parking Lots Pavement Condition Index Survey), for each upcoming year. Within 30 days, the County will review the report and recommend revisions if necessary. Following acceptance of the report by the County, the operator shall secure a County encroachment permit specific to the action plan (at no cost to the operator) and complete the proposed pavement maintenance and improvement activities prior to the submittal of the annual report. Striping may be provided by the County if County striping equipment and material are available. Otherwise striping will be provided by the operator. Once the work is completed, the operator will resubmit the annual evaluation report by November 1st each year, and include the scope and dates that work was completed.
   If minor emergency asphalt repairs (work requiring a single County Public Works maintenance pick-up truck with asphalt patching material) are identified within the maintenance areas of the hauling routes after the applicant’s yearly maintenance has been completed, county crews will perform the minor asphalt repair maintenance once in a sixty (60) consecutive day period. The types of asphalt pavement failures requiring repairs include, but are not limited to, cracking, pot holes, depressions, rutting, shoving, upheaval, and raveling and any other pavement damage or failures requiring immediate repair by the County.
   If major emergency roadway repairs associated with the permitted activities (work requiring more than a single County Public Works maintenance pick-up truck with asphalt patching material, or minor asphalt repairs occurring in less than the sixty (60) consecutive day period) are identified after the applicant’s yearly maintenance has been completed, the applicant shall obtain a County encroachment permit (at no cost to applicant) and complete the major roadway repairs. If major roadway repairs that are the applicant’s fair share obligation are not completed by the applicant in a timely manner as determined by the County, and the County must make repairs when the public’s safety is considered at risk by the County Engineer, then the applicant will be billed for the County’s major roadway repair work on a time and materials basis. An applicant may coordinate with the County to have the County complete required improvements, and in such case must fully fund the County’s costs to do so. The operator does not assume the liability for the roadway, except for cases where the operator has not fulfilled its maintenance obligations.
   If a subsequent mining operation utilizes a road previously required to be improved pursuant to this subsection, then the subsequent operator shall be responsible for compliance with the agreements and requirements of the previous operator.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.410.   Cultural resources.
   (a)   All resource records shall be checked for the presence of and the potential for prehistoric and historic sites, paleontological resources, and unique geologic features. Damaging effects on cultural resources shall be avoided whenever possible. If avoidance is not feasible, the importance of the site shall be evaluated by a qualified professional (either an archaeologist or geologist, depending on the resource type) prior to the commencement of mining operations. If a cultural resource or unique geologic resources are determined not to be important, both the resource and the effect on it shall be reported to the County, and the resource need not be considered further. If avoidance of an important cultural, paleontological, or unique geologic resource is not feasible, a mitigation plan shall be prepared and implemented. The mitigation plan shall explain the importance of the resource, describe the proposed approach to mitigate destruction or damage to the site, and demonstrate how the proposed mitigation would serve the public interest.
   (b)   If human skeletal remains are encountered during excavation, all work within seventy-five (75') feet shall immediately stop, and the County Coroner shall be notified within twenty-four (24) hours. If the remains are of Native American origin, the appropriate Native American community identified by the Native American Heritage Commission shall be contacted, and an agreement for treating or disposing of, with appropriate dignity, the remains and associated grave goods shall be developed.
   If any cultural resources, such as chipped or ground stone, historic debris, building foundations, or paleontological materials are encountered during excavation, then all work within seventy-five (75') feet shall immediately stop and the Director shall be notified at once. The find must be recorded by a qualified archaeologist or paleontologist using relevant professional protocols and a report fully recording the find submitted to the County. This report shall include recommendations for appropriate removal and preservation of the artifact. The County encourages the donation of the find to the County for public display at the Cache Creek Nature Preserve or other appropriate venue.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.411.   Dam requirements.
   An application for construction shall be filed with the California Division of Safety for Dams and approved prior to the start of construction for any new dam that falls under the State jurisdiction for safety.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec.10-4.411.1.   Depth of Mining.
   This ordinance regulates the size of the footprint of the mining operation, and establishes no regulatory depth limit for off-channel mining. Unless an environmental analysis concludes that unacceptable environmental impacts will result, mining operations shall be encouraged to excavate the full depth of available resources at any particular mining site. In conjunction with a minimized mining footprint, this will ensure efficiency in resource extraction, help minimize impacts to agriculture by containing the area of surface disturbance of any individual mining operation, and minimize impacts of water loss associated with evaporation from reclaimed lakes.
(Ord. 1518, eff. February 13, 2020)
Sec. 10-4.412.   Dewatering.
   "Dewatering" shall mean lowering the water level in a wet pit by pumping water from the pit, regardless of the purpose of the pumping. Water generated from dewatering activities must be beneficially used and discharged on-site. Pumps systems used to dewater the wet pits shall be powered by electricity (i.e., through connection to power lines) or solar power. This ordinance does not permit water generated from dewatering activities to be used or discharged off-site. No off-channel excavation shall use dewatering as a part of surface mining operations, unless site-specific technical analysis performed by a qualified Professional Engineer or Professional Geologist with experience in hydrogeology demonstrates that the proposed dewatering will not adversely affect off-site wells with respect to groundwater level and quality. The Professional Engineer or Professional Geologist shall demonstrate, using appropriate hydrogeologic analysis (i.e., using data-supported empirical, analytical, and/or numerical investigative tools), that the proposed dewatering activity will not adversely impact active off-site wells or other water resources (e.g., creeks and wetlands) within one thousand (1000) feet of the proposed dewatering pit boundary. Average historic low groundwater levels in the subject well shall be used for the analysis. Site-specific aquifer testing shall be conducted, if needed, to determine aquifer properties for the analysis. Consistent with the OCMP EIR, an effect shall be considered adverse if the reduction in simulated groundwater levels exceeds two (2') feet at any well located within one thousand (1000) feet of the pit boundary or results in well failure.
   The hydrogeologic analysis shall be submitted to the County for review and approval prior to implementation of any dewatering activities. If an adverse impact is identified by the analysis (either impacts to existing wells or other water resources, including creeks and wetlands), dewatering activities will be modified to eliminate any adverse impacts, and/or the applicant shall otherwise mitigate adverse impacts to the satisfaction of the County.
   Approval to dewater requires Planning Commission approval pursuant to sections 10-4.506 and 10-4.602.
   Prior to and for the duration of dewatering activities, the applicant shall: 1) monitor water levels in the wet pit(s) and nearby monitoring wells on a quarterly basis; and 2) quantify the amount of water pumped from and returned to the wet pit(s). This monitoring data shall be reviewed by the applicant's Professional Engineer or Professional Geologist to determine whether any adverse impacts are occurring. Documentation of the monitoring and data evaluation shall be submitted to the County annually. If adverse impacts are found to be occurring, dewatering activities will be modified to eliminate adverse impacts, or the applicant shall otherwise mitigate impacts to the satisfaction of the County. Any measures designed to mitigate adverse impacts identified after implementation of dewatering activities shall be approved by the Planning Commission at a regularly scheduled meeting, with written notice of the adverse impact and proposed mitigation measures given by mail to all property owners within 1,000 feet of the pit boundary in addition to any notice otherwise required by law.
   For purposes of this section, mitigation measures of adverse impacts may include, but are not limited to, well modification, well relocation, compensation of well owners for increased pumping cost, or providing an alternative water supply. Such mitigation measures shall be paid for by the mining operator, with sufficient financial security to ensure completion of the measures.
   Pumping of water from the wet pit in lieu of pumping of groundwater from a well shall not require predictive impact analysis in addition to analysis provided in the approved, site-specific CEQA document, unless the total annual water demand, as set forth in the CEQA document, is exceeded. This does not remove the requirement for monitoring and reporting activities described above.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by § 2, Ord. 1487, eff. April 6, 2017; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.413.   Drainage.
Surface water may be allowed to enter mined areas, through either perimeter berms or ditches and grading, when designed and engineered pursuant to an approved reclamation plan and where effective best management practices (BMPs) to trap sediment and prohibit contamination are included. Appropriate erosion control measures shall be incorporated into all surface water drainage systems. Stormwater drainage systems shall be designed to connect with natural drainages so as to prevent flooding on surrounding properties and County rights-of-way. Storm water runoff from mining areas shall be conveyed to lowered areas (detention basins) to provide detention of runoff generated during a twenty (20) year, one-hour storm event. All drainage conveyance channels or pipes (including spillways for detention areas) shall be designed to ensure positive drainage and minimize erosion. The drainage conveyance system and storm water detention areas shall be designed and maintained in accordance with Best Management Practices for the reduction of pollutants associated with runoff from mined areas. The design and maintenance procedures shall be documented in the Storm Water Pollution Prevention Plan required for mining operations. The drainage system shall be inspected annually by a Registered Civil Engineer, Registered Geologist, or Certified Erosion and Sediment Control Specialist to ensure that the drainage system is functioning effectively and that adverse erosion and sedimentation are not occurring. The annual inspection shall be documented in the Annual Mining and Reclamation Report. If the system is found to be functioning ineffectively, the operator shall promptly implement the recommendations of the engineer.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.414.   Dust control.
   Unless superseded by newer more effective standards, the following measures shall be implemented in order to control fugitive dust:
   (a)   All stockpiled soils shall be enclosed, covered, or have sufficient moisture to control fugitive dust at all times. Inactive soil stockpiles should be vegetated or adequately watered to create an erosion-resistant outer crust.
   (b)   During operating hours, all disturbed soil and unpaved roads shall be adequately watered to keep soil moist.
   (c)   All disturbed but inactive portions of the site shall either be seeded or watered until vegetation is grown or shall be stabilized using methods such as chemical soil binders, jute netting, or other Yolo-Solano Air Quality Management District approved methods.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
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