Sec. 10-4.429.   Setbacks.
   All off-channel surface mining operations shall comply with the following setbacks:
   (a)   New processing plants and material stockpiles shall be located a minimum of one thousand (1,000) feet from public rights-of-way, public recreation areas, and/or off-site residences, unless alternate measures to reduce potential noise, dust, and aesthetic impacts are developed and implemented;
   (b)   Soil stockpiles shall be located a minimum of five hundred (500) feet from public rights-of-way, public recreation areas, and off-site residences, unless alternate measures to reduce potential dust and aesthetic impacts are developed and implemented;
   (c)   Off-channel excavations shall maintain a minimum one thousand (1,000) foot setback from public rights-of-way and adjacent property lines of off-site residences, unless a landscaped buffer is provided or site-specific characteristics reduce potential aesthetic impacts. Where landscaped buffers are proposed, the setback for off-channel excavations may be reduced to a minimum of fifty (50') feet from either the property line or the adjoining right-of-way, whichever is greater. Where mining occurs within one thousand (1,000) feet of a public right-of-way, operators shall phase mining such that no more than fifty (50) acres of the area that lies within one thousand (1,000) feet of the right-of-way would be actively disturbed at any time, except where operations are adequately screened from public view. Where adequate screening exists in the form of mature vegetation and/or constructed berms that effectively block public views, the area of active disturbance within one thousand (1,000) feet of the right-of-way shall not exceed the area that is screened by more than fifty (50) acres at any one time. Actively disturbed areas are defined as those on which mining operations of any kind, or the implementation of reclamation such as grading, seeding, or installation of plant material are taking place.
   (d)   Off-channel excavations shall provide a minimum fifty (50) foot setback from the neighboring property line to allow for access around the pit during mining and after reclamation for maintenance, safety, and other purposes.
   (e)   Proposed off-channel excavations located within the streamway influence zone shall be set back a minimum of seven hundred (700) feet from the existing channel bank, unless it is demonstrated that a smaller distance will not adversely affect channel stability. Under no circumstances should off-channel excavations be located within two hundred (200) feet of the existing channel bank. Evaluations of proposed off-channel excavations within seven hundred (700) feet of the channel bank shall demonstrate, at a minimum, the following:
      (1)   The two-hundred (200) foot setback area does not include portions of the historically active channel.
      (2)   The two-hundred (200) foot setback area does not include formerly mined lands separated from the active channel by levees or unmined areas less than two-hundred (200) feet wide (measured perpendicular to the active channel).
      (3)   Acceptable channel hydraulic conditions (based on existing or site-specific hydraulic models) for the Cache Creek channel adjacent to the site and extending not less than one thousand (1,000) feet upstream and downstream of the site.
      (4)   Acceptable level of erosion potential of the channel bank adjacent to the site based on predicted stream flow velocity and shear stress on bank materials during a 100-year flow and historical patterns of erosion.
      (5)   Acceptable level of stability of the slopes separating the mining area from the creek channel based on an analytical slope stability analysis in conformance with Sections 10-4.426 and 10-5.517 of this title that includes evaluation of stability conditions during 100-year peak flows in the channel.
      (6)   Appropriate bank stabilization designs, if needed, consistent with channel design recommendations of the Cache Creek Resource Management Plan or approved by the Technical Advisory Committee.
      (7)   The condition of flood protection structures and the integrity of the land within the approved setback zone separating the mining areas and the channel shall be inspected annually by a Registered Civil Engineer and reported to the Director. The annual report shall include recommendations for remedial action for identified erosion problems (see also Reclamation Ordinance Section 10-5.506).
      Approval of any off-channel mining project located within seven hundred (700) feet of the existing channel bank shall be contingent upon an enforceable agreement which requires the project operator to participate in the completion of identified channel improvement projects along the frontage of their property, consistent with the CCRMP and CCIP, including implementation of the Channel Form Template. The agreement shall require that the operator provide a bond or other financial instrument for maintenance during the mining and reclamation period of any bank stabilization features required of the mining project. The agreement shall also require that a deed restriction be placed on the underlying property which requires maintenance of the streambank protection by future owners of the property. Maintenance of the bank stabilization features following completion of reclamation shall be the responsibility of the property owner.
   (f)   Off-channel excavations shall be set back a minimum of twenty-five (25) feet from riparian vegetation; and
   (g)   Recreational facilities shall be located a minimum of one hundred fifty (150) feet from private dwellings, with a landscaped buffer provided to reduce noise and maintain privacy, unless the dwelling is proposed to be an integral component of the recreational facility.
   (h)   No mining activities shall occur within two thousand (2,000) feet of the community boundaries of Capay, Esparto, Madison, Woodland, and/or Yolo. This setback may be reduced by up to five hundred (500) feet when existing mature vegetation, proposed landscape buffers of a sufficient height and density to create a visual buffer (consisting of native species and fence-row habitat appropriate to the area), or other site-specific characteristics reduce potential incompatibilities between urban land uses and mining. Commercial mining shall not take place east of County Road 96.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)