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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. 10-4.412.   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)
Sec. 10-4.414.1.   Energy.
   Wherever practical and feasible, aggregate facilities shall use clean electric energy from the grid or install alternative on-site electricity generation systems to replace diesel equipment and reduce criteria pollutant emissions.
(Ord. 1518, eff. February 13, 2020)
Sec. 10-4.415.   Equipment maintenance.
   All internal combustion engine driven equipment and vehicles shall be kept tuned according to the manufacturer's specifications and properly maintained to minimize the leakage of oils and fuel. No vehicles or equipment shall be left idling for a period of longer than is required by law, recommended by the Air District, or ten (10) minutes, whichever is shorter.
   Fueling and maintenance activities of heavy equipment (except draglines and floating suction dredges) are prohibited within one hundred (100) feet of open bodies of water during mining and reclamation. All Storm Water Pollution Prevention Plans shall include provisions for releases of fuels during fueling activities for draglines and floating suction dredges.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.416.   Flood protection.
   All off-channel surface mining operations shall be provided with a minimum one-hundred (100) year flood protection. Off-channel excavations shall be designed to minimize the potential for levee breaching and/or pit capture. In addition, excavations shall be designed to prevent overtopping of channel banks or levees along Cache Creek and all tributaries and drainage channels (including, but not limited to, Willow Slough and Lamb Valley Slough).
   The flood protection upgrades shall be designed and constructed to provide the necessary one hundred (100) year protection without creating a net increase of in upstream or downstream flooding elevations. Upstream flooding could be increased if additional levee construction serves to confine flows to a narrow width, thereby increasing the water surface elevation. Downstream flooding could be increased if floodplain storage areas were removed from the drainage system by constructing levees in areas where they did not exist before (or raising levees that are overtopped in floods up to the one hundred (100) year event). Where feasible, alternative or non-structural flood management designs (potentially using detention basins, infiltration galleries, and/or floodplain storage in noncritical areas) shall be incorporated. New development (such as buildings, levees, or dikes) located within the floodplain shall conform to all applicable requirements of the Yolo County Flood Protection Ordinance and the Federal Emergency Management Agency (FEMA).
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.417.   Groundwater monitoring programs.
   All surface mining operations that propose off-channel excavations extending below the groundwater level shall develop and maintain a groundwater monitoring program consisting of two (2) components: water level measurements and water quality testing. A groundwater level monitoring program shall be initiated at least six (6) months prior to the removal of overburden. At a minimum, the groundwater level monitoring program shall consist of three (3) monitoring wells, with at least one well upgradient of the wet pit and one well downgradient of the wet pit. Monitoring programs for proposed mining areas exceeding one hundred (100) acres (total proposed mining area over the life of the project) shall include one additional well for each one hundred (100) acres of wet pit mining. Therefore, wet pit mining areas of one to ninety-nine (99) acres would require three (3) wells, one hundred (100) to one hundred ninety-nine (199) acres would require four (4) wells, two hundred (200) to two hundred ninety-nine (299) acres would require five (5) wells, and so on. These wells shall be distributed through the vicinity of the wet pit mining area and used for groundwater level measurements. Groundwater levels shall be collected from the monitoring wells on a quarterly basis for six (6) months prior to mining and for the duration of the mining period. All wellheads shall be surveyed with horizontal and vertical control to allow calculation of groundwater elevations and development of groundwater contour maps. Groundwater levels shall be measured with an accuracy of plus or minus 0.01 foot, at minimum.
   Water quality in the vicinity of each active wet pit mining location shall be evaluated by analyzing samples from selected monitoring wells (one upgradient and one downgradient) and wet pit surface water sampling locations. Since mining may be conducted in phases over a relatively long period of time, pit boundaries may change with time. Selection, and installation if necessary, of downgradient monitoring wells, which would be critical to adequately characterize the groundwater quality in the vicinity of the wet pits, shall be submitted by the operator for review and approval by the County. The selected monitoring wells shall be installed and sampled at least six (6) months prior to the removal of overburden. The downgradient wells shall be located as near to the active wet pit mining areas as is practical. The upgradient wells shall be located an adequate distance from the proposed mining area to ensure that the effect of the wet pit on water quality in the well would be negligible. The water samples from the wet pit shall be collected in a manner so as to ensure that they are representative of water quality within the wet pit. The minimum sampling schedule and required analyses are described below.
   (a)   Groundwater level and pit water surface level measurements shall be performed quarterly in all wells for the duration of mining and reclamation.
   (b)   For monitoring the groundwater quality of proposed wet pit mining, sample collection and analysis of physical, chemical, and biological constituents shall be conducted according to the following specifications:
   (1)   Prior to the removal of overburden. One upgradient and one downgradient well shall be sampled at least six (6) months prior to the removal of overburden and again at the start of excavation. The samples shall, at minimum, be analyzed for general minerals; inorganics; nitrates; total petroleum hydrocarbons (TPH) as diesel and motor oil, benzene, toluene, ethylbenzene, and xylenes (BTEX); pesticides (EPA 8140 and 8150); and coliform (with E. coli confirmation).
   (2)   During wet pit mining and active reclamation. The wet pit shall be sampled semiannually for the duration of mining and active reclamation. The samples shall, at minimum, be analyzed for general minerals; inorganics; nitrates; TPH as diesel and motor oil, BTEX; pesticides (EPA 8140 and 8150); and coliform (with E. coli confirmation).
   One upgradient and one downgradient well shall be analyzed, at minimum, for general minerals; inorganics; nitrates; TPH as diesel and motor oil, BTEX; pesticides (EPA 8140 and 8150); and coliform (with E. coil confirmation). The wells shall be sampled according to the following schedule: semiannually for the first two (2) years, and annually every year thereafter.
   (3)   After active reclamation. One year after all heavy equipment work has been completed in the vicinity of the pit, the TPH and BTEX analyses may be discontinued. The wet pit and one upgradient and one downgradient well shall be sampled and analyzed for pH; temperature; nutrients (phosphorous and nitrogen); total dissolved solids; total coliform (with E. coli confirmation); and biological oxygen demand. This monitoring shall be conducted every two (2) years for a ten (10)-year period after completion of reclamation.
   A report to the Agency and Department of Environmental Health shall be submitted within thirty (30) days of the required groundwater testing.
   Additional tests and analysis shall be required only if a new condition is recognized that may threaten water quality or if the results of previous tests fall outside allowable ranges. If at any time during the monitoring period, testing results indicate that sampling parameters exceed Maximum Contaminant Levels (MCLs), as reported in the California Code of Regulations, or established background levels, a qualified professional shall evaluate potential sources of the contaminants. The evaluation shall determine the source and process of migration (surface or subsurface) of the contaminants. A report shall be submitted to the regulatory agencies (the Agency, Yolo County Department of Environmental Health, the Central Valley Regional Water Quality Control Board, and the U.S. Environmental Protection Agency) which identified, the source of the detected contaminants and specifies remedial actions to be implemented by the operator for corrective action. If it is determined that the source of water quality degradation is off-site, and the County and the RWQCB are in agreement with this conclusion, the operator shall not be responsible for corrective action.
   If corrective action is ineffective or infeasible, the responsible party must provide reparation to affected well owners, either by treatment of water at the wellhead or by procurement of an alternate water supply.
   If, at the completion of the mining and reclamation period, water quality has not been impacted, all monitoring wells shall be destroyed in accordance with the California Department of Water Resources Well Standards. If the County, landowner, or other agency wishes to maintain the wells for future water resources evaluation, selected wells may be preserved for this use. Monitoring wells may remain useful for post-mining land uses.
   The County may retain appropriate staff or a contract consultant to provide third party critical review of all hydrologic reports related to monitoring.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.418.   Habitat conservation plan compliance.
   All surface mining operations shall complement the preservation and enhancement measures in the Yolo County Habitat Conservation Plan (HCP). Mining operators with lands designated as having a moderate to high potential for use as mitigation areas in the HCP shall be encouraged to participate in the Developer HCP Participation Options, including use of lands as mitigation sites.
(§ 1, Ord. 1190, eff. September 5, 1996)
Sec. 10-4.419.   Haul roads.
   Trucks accessing a mining site to pick up a load, or leaving a mining site to deliver a load, are restricted to the approved/designated haul routes identified in the operator’s permit which applies to the route taken from the mining site access/ driveway to a state/federal highway. If a truck subsequently exits the state/federal highway while within Yolo County, this too may only occur on an approved/designate haul route. This applies to all truck trips serving the mining site, unless making a local delivery. Those portions of designated truck haul routes that include County-maintained roads shall be posted as such, in accordance with the Public Works Department, to facilitate law enforcement and public safety. Private truck haul routes or conveyors shall be used to transport material within the mining site, in order to reduce impacts to public roads.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
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