Sec. 10-4.437. Wastewater discharge.

   No wastewater shall be directly discharged to Cache Creek. Sediment fines generated by aggregate processing shall either be used for agricultural soil enhancement, habitat restoration sites, or shall be placed in settling ponds, designed and operated in accordance with all applicable regulations, and used for backfill materials in off-channel excavations. Agricultural tailwater shall be diverted to catchment basins prior to its release to the creek.

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

Sec. 10-4.438. Watercraft.

   Only motorized dredges and draglines shall be allowed on the wet pit lakes. All other fuel-powered (gasoline or diesel) watercraft shall not be used on the wet pit lakes. Fuel-powered watercraft may be allowed for mercury sampling or bathometric measurements, as necessary, to fulfill requirements of this chapter. Electric-powered or nonmotorized boats shall be permissible.

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

Sec. 10-4.439. Wetlands.

   Existing jurisdictional wetlands shall be retained to the extent possible. Impacts to existing wetlands shall be mitigated where complete avoidance is not possible according to a habitat restoration plan prepared by a qualified wetland specialist and approved by any required jurisdictional agencies, ensuring no net loss of wetland acreage or habitat value.

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

Sec. 10-4.440. Wildlife habitat.

   Avoid disturbance to important wildlife habitat features such as bird nesting trees, colonial breeding locations, elderberry host plants for Valley Elderberry Longhorn Beetle, and mature riparian forest and oak woodland habitat. This shall include sensitive siting of haul roads, trails, and recreational facilities away from these features. Suitable habitat for special-status species shall be protected and enhanced, or replaced as a part of mitigation plans prepared by a qualified biologist where necessary, and through compliance with the Yolo HCP/NCCP for special-status species covered by that Plan. Mining and reclamation activities shall be performed in accordance with the State Fish and Game Code, Migratory Bird Treaty Act, and other applicable regulations to protect bird nests when in active use.

   Native-planted hedgerows and/or other vegetated buffers shall be included between restored habitat areas and adjoining farmland, in order to minimize the potential for riparian areas to serve as harbors for predators and insect pests. These buffers will also reduce the noise, dust, and spraying generated by agricultural operations, in addition to providing valuable pollinator resources that in turn could enhance agricultural production.

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

Sec. 10-4.441. Exceptions.

   Where an operator demonstrates to the lead agency that an exception to the standards specified in this article is necessary, the Commission may approve an alternative standard for inclusion in the approved surface mining permit. Exceptions shall only be approved where the strict application of the off-channel mining standards would deprive the operator of privileges enjoyed by other mining operators in the vicinity, due to special circumstances associated with the subject site, including size, shape, topography, location, or surroundings. Although the Commission may set alternative standards, in no case may the Commission set any standard which does not meet or exceed the policy objectives set forth in the OCMP.

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