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Off-channel surface mining operations shall only be permitted within the Sand and Gravel Overlay (SG-O) Zone defined in Article 9 of Chapter 2 of Title 8 of the Yolo County Code.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Except as provided for in Section 10-4.503 of this article, all documentation for the surface mining permit shall be submitted to the Director at one time. Ten (10) complete paper copies of the application, and one electronic version, shall be provided to the County. An executive summary and a table of contents shall be submitted with each application. Applications for proposed surface mining permit shall include, but shall not be limited to, the following:
(a) A narrative description of the proposed surface mining operations, including the following information:
(1) The consistency of the proposed surface mining operations with this chapter, the General Plan, zoning, and applicable specific plans;
(2) The manner in which waste generated by the surface mining operation will be disposed and the methods by which contamination will be controlled during surface mining;
(3) The methods to be used for on-site and off-site surface water drainage and erosion control during surface mining operations, including provisions for ensuring flood protection of the site for the 100-year event;
(4) The proposed hours of operation, including the estimated number of nights when surface mining operations may be necessary;
(5) The results of all soil test borings performed within the mined area, to provide information on soil quality and slope stability;
(6) The anticipated quantity and type of minerals for which the proposed surface mining operation will be conducted, including the estimated maximum annual production with calculations presented in both tons mined and in tons sold;
(7) A summary table showing the following information, listed by phases for the proposed surface mining project: the length of time for both mining and reclamation, acreage proposed for mining, acreages proposed for appropriate reclaimed uses, projected mineral reserves (both mined and sold), and Williamson Act contracted acreage.
(b) Site-specific technical reports, performed by qualified professionals in the appropriate area of expertise, shall provide specific proposals for inclusion in the surface mining permit to address the following potential environmental impacts:
(1) A biological inventory and analysis to evaluate the on-site habitat value of the proposed mined area, as well as the potential impacts to special-status species and sensitive natural communities, both on-site and within the immediate area. The analysis shall propose appropriate measures to reduce any potential adverse impacts to special- status species or significant suitable habitat, and shall ensure compliance with the Yolo HCP/NCCP, California Fish and Game Code, Migratory Bird Treaty Act, and other applicable regulations, plans and programs. The analysis shall also include a wetland delineation study for any potential on-site wetlands, and shall provide adequate mitigation and appropriate authorizations from regulatory agencies, where required. If landscaping is proposed to screen the surface mining operations from adjoining public rights-of-way or public and private lands, the biological analysis shall include an evaluation of the feasibility of the species, weed control, and irrigation methods to be used;
(2) If the maximum depth of proposed mining will exceed the average high groundwater level for the site, and the proposed pit boundaries are within one thousand (1,000) feet of an active off-site well, a groundwater analysis shall be submitted to evaluate the effect of the proposed mining plan on the groundwater levels and quality of the off-site active wells. The analysis shall be consistent with the procedures described in Section 10-4.427 of this chapter. A detailed groundwater monitoring program shall be prepared in conformance with 10-4.417 of this chapter, including maps and hydrographs of the wells to be used in the monitoring network and their respective groundwater measurements. A well survey shall be conducted and all wells within one thousand (1,000) feet of the limits of mining plotted on a scaled map. Each property owner owning parcels within one thousand (1,000) feet of the proposed limits of wet pit mining shall be contacted and queried about wells that may be located near the wet pit mining area. Measures to reduce the potential for contamination shall be included within the analysis;
(3) A noise analysis to evaluate the impacts of surface mining operations on adjoining land uses and sensitive receptors (i.e. residences) within the immediate area. The analysis shall include a map of projected noise contours generated by the mine, for both daytime and night-time operations, with appropriate measures to reduce excessive noise levels. The analysis shall be performed in accordance with Sections 10-4.421 through 10-4.423 of this chapter;
(4) A transportation impact analysis to evaluate the impacts of the proposed operation on haul routes and other impacted county roads (if any) pursuant to Secs. 10-4.408 and 10-4.409 of the Mining Ordinance, and the County General Plan. The analysis shall evaluate operations, safety, and truck and vehicle VMT (as required to ensure compliance with the CCAP and County General Plan). The analysis shall satisfy the requirements of the County’s Transportation Impact Study Guidelines and shall include an evaluation of existing road conditions for those routes to be used, as well as any other information necessary to demonstrate compliance with applicable county and State standards. The analysis shall also specify the projected number of average truck trips per year, average truck trips per day, estimated maximum truck trips on peak days, estimated number of peak days per year, and estimated months in which peak days will occur. The analysis shall identify mitigation measures such as capital improvements and maintenance to be undertaken by the applicant to reduce direct and indirect significant adverse impacts to traffic flow and/or safety to acceptable levels consistent with applicable LOS, VMT, pavement condition, and other thresholds in the Yolo County General Plan and County Transportation Impact Study Guidelines; and
(5) A geotechnical study to evaluate any proposed operational slopes steeper than a 2:1 (horizonal:vertical) ratio to ensure that they will be stable while mining is being conducted and that the slopes possess an adequate factor of safety. The study shall include an evaluation of any slopes proposed to provide flood protection from Cache Creek and shall indicate what measures are proposed to prevent breaching or pit capture. Measures shall be included within the study to ensure slope stability and maintenance;
(6) A cultural resources survey of the proposed mining area, in order to evaluate the potential for historic and/or prehistoric artifacts. A survey may not be required if a preliminary investigation from the Northwest Information Center indicates that the likelihood of archaeological resources is low for the proposed site;
(7) An engineering analysis to evaluate any off-channel excavations located within the streamway influence boundary, which are proposed within seven hundred (700) feet of the existing channel bank. The analysis shall be performed in accordance with Section 10-4.429 of this chapter. Measures shall be included to reduce adverse impacts to streamflow characteristics resulting from the proposed mining operations; and
(8) An engineering analysis of the potential for a 100-year flood event to affect the proposed mining site. Measures shall be included to provide necessary flood protection for the site, in conformance with Section 10-4.416 of this chapter.
(c) A site plan submitted in the form prescribed by the Planning Director, including all property proposed to be included in the mined area, drawn to a scale of one inch equals one-hundred feet (1” = 100’), or other scale acceptable to the Director for larger holdings. Small-scale, reproducible copies shall be provided along with all site plans submitted. Site plans shall show the following information:
(1) All property lines, including the boundaries of all parcels proposed for mining and reclamation; the boundaries of any ownerships, leases, and/or other entitlements vested in the surface mining operator which allow surface mining and reclamation to be conducted on-site; and all Assessor parcel numbers for properties included in the application;
(2) The location of all streams, residences, roads, railroads, and utility facilities within, or adjacent to, the lands to be mined;
(3) The location and condition of any previously mined areas within the site, specifically designating those portions of the site, if any, where mining was completed prior to January 1, 1976, and which is claimed to be exempt from the requirements of the Act;
(4) The existing and proposed topography of all mined lands, including the location of the control cross-section submitted pursuant to subsection (d) of this section;
(5) The location of all development proposed as a part of the surface mining operations, including settling basins, drainage conveyances, equipment, fences, and other man-made structures;
(6) The locations for the storage of overburden and topsoil material in any proposed stockpiles;
(7) The proposed points of ingress and egress, access roads, driveways, haul roads, and parking areas proposed as a part of the surface mining operation;
(8) The location of existing vegetation, including areas where vegetation is proposed to be removed; and
(d) Graphical depictions of control cross-sections located as follows and including the following information:
(1) At least three (3) control cross-sections within the area to be mined, with two (2) of the cross-sections perpendicular to one another;
(2) In no event may the interval between the control cross-sections exceed twelve hundred (1,200) feet; and
(3) The cross-sections shall identify both the existing and proposed mining elevations, and shall identify the angle of operational slopes.
(e) All maps, diagrams, or calculations that require preparation in accordance with the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code), the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code), or the Professional Land Surveyors’ Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) shall be prepared by a California-licensed professional, shall include his or her license number and name, and shall bear the signature and seal of the licensee;
(f) A Land Survey or Record of Survey for all parcels included in the application which has a basis of bearing in the California Coordinate System (NAD 27 or NAD 83);
(g) An initial environmental assessment describing the potential impacts of approving the surface mining permit;
(h) A list of all other applicable discretionary permits required by other public agencies;
(i) A proposal for providing a "net gain" to the County, as determined by the following criteria:
(1) Reclamation to multiple or conjunctive uses:
(2) Enhancement and enrichment of existing resources; and/or
(3) Restoration of past sites where the requirements of reclamation at the time no longer meet community expectations in terms of good stewardship of the land.
(4) Provision of new dedications and easements to supplement/benefit the Cache Creek Parkway including reclaimed mining sites, restored habitat, trail connections, and related enhancements.
"Net gain" may include participation in an established program whose goals are consistent with the above criteria. Benefits included in the technical studies submitted with each application which serve as mitigation measures for potentially adverse environmental impacts created by the project may not be included as a "net gain;" and,
(j) A set of completed application forms provided by the Agency, and all pertinent information required therein.
In addition to the foregoing, the Director may require such other and further information relevant to the project as needed to determine whether the proposal may affect the public health and safety.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
The Director may temporarily waive any of the items of information required in Section 10-4.502 of this Article, if the following conditions apply:
(a) The gathering of such information is precluded by physical conditions existing on the site on the date of the application; and
(b) The operator has provided a statement describing the reasons for the delay, including the date by which the information required in the application will be submitted. If granted, the Director shall notify the operator in writing, specifically describing the information which is being waived and specifying the date by which the operator shall provide the necessary information. If all other information required pursuant to this chapter has been submitted and the appropriate fees have been paid, then the Director shall receive the application for filing.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Applications for surface mining permits shall be submitted to the Director for review and determination as to completeness. If the application is determined to be incomplete, the Director shall notify the operator in writing within thirty (30) days of receipt of the application. The written notice shall specifically describe the information necessary to complete the application. The application shall not be processed until the Director has determined it to be complete and the appropriate fees have been paid, as required under Article 8 of this chapter.
Once the application has been determined to be complete and the appropriate fees have been paid, the application shall be processed by the Director, who shall set it for a hearing pursuant to Section 10-4.506 of this article.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
The Director shall notify the Department in writing of any application for a surface mining permit within thirty (30) days of its being filed. The application shall also be circulated to all other agencies of jurisdiction for their review and comments in accordance with CEQA, or other applicable regulatory requirements. In addition, a notice of the filing of a reclamation plan shall be mailed to any other person with an interest in the application, who has deposited a self-addressed, stamped envelope with the Agency for the purpose of receiving a notice of the filing.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Once the application has been processed, the Director shall set a public hearing before the Commission to consider the proposed surface mining permit. Said hearing shall be held within six (6) months after the completion of the final EIR or within three (3) months after the completion of the negative declaration.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
The Director shall mail notices of the public hearing to the operator and to all property owners and property occupants located within three hundred (300) feet of the exterior boundaries of the property containing the proposed site. Notices shall be mailed to said property owners at the addresses shown on the latest equalized County assessment roll, as well as the occupants at the site addresses. In addition, the Director shall publish a notice of the public hearing at least once in a newspaper of general circulation, published and circulated in the area of the proposal, as well as on the County website. All notices shall be mailed and published at least ten (10) days prior to the public hearing. The Director shall also provide such other notice as may be appropriate in the circumstances of the project.
Notices of public hearing shall state the date, time, and place set for the commencement of the hearing; shall identify the property included within the proposal; and shall generally describe the subject matter of the hearing. A metes and bounds legal description of the subject property shall not be required. Notices required by this chapter may describe the subject property using landmarks, Assessor parcel numbers, and/or similar identifying information.
Failure to mail or to receive such notice, as a result of mistake or inadvertence, shall not affect the validity of the hearing or the decision rendered.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Prior to the hearing, the Director shall submit copies of the following to the Department for a thirty (30) day review period:
(a) A copy of the proposed surface mining permit;
(b) A copy of the environmental document for the reclamation plan, prepared in accordance with CEQA; and
(c) Other related documentation, as appropriate.
No surface mining permit may be approved until the Department has completed its review, or the thirty (30) day review period has expired. The Director shall prepare a written response to any written comments received from the Department regarding the surface mining permit submitted. If applicable, the Director’s response shall specifically address, in detail, why any comments or suggestions submitted by the Department were not accepted. The Director shall forward copies of both the Department’s comments and the Director’s response to the operator.
If proposed surface mining operations are located within the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile of any County or State maintained bridge, then the Director shall mail a copy of the proposed surface mining permit to the State Department of Transportation for a forty-five (45) day review period. No surface mining permit may be approved until the Department of Transportation has completed its review or the forty-five (45) day period has expired.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
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