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After considering the evidence in the public hearing, the Commission or Board shall approve, conditionally approve, or deny the application by a written decision setting forth the findings supporting the action. Approval may be granted subject to any relevant condition which the Commission or Board may deem necessary to effectuate the purposes of the Act and this chapter. Such conditions may address any or all of the findings required by Section 10-4.509 of this article. If the application is conditionally approved, the conditions shall be specified in writing.
Within ten (10) days after the decision of the Commission or Board, the Director shall mail a copy of the decision to the operator. Copies of the decision shall also 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 copy of the decision.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Article 6.
Amendments and Modifications to Approved Surface Mining Permits
Amendments and Modifications to Approved Surface Mining Permits
The purpose of this article is to provide procedures for changing the conditions of approval or project description (as described in the application and accompanying analyses) to account for unanticipated changes in the surface mining operation, site characteristics, regulations, or other aspects of the approved surface mining permit.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Applications for amendments to previously approved surface mining permits shall be submitted to the Director, on forms provided by the Agency, and shall be accompanied by the appropriate fees, as determined in Article 8 of this chapter. Such applications shall be processed pursuant to the procedures set forth in Article 5 of this chapter.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Proposed exceptions to the off-channel mining standards may not be included as part of any application for a minor modification. Any changes in the conditions of approval or the amount of surface area and/or depth to be disturbed shall also be treated as a substantial deviation from the approved plan. Such changes and exceptions shall be processed as an amendment to the surface mining permit.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
The Director may approve minor modifications of surface mining permits approved by the Commission pursuant to this chapter. Minor modifications may only be approved if it is found that such changes would be consistent with the conclusions of the certified EIR or other applicable environmental document, and that such changes will not have a significantly adverse effect on the public health and safety. Such modifications shall be noted on the approved plans and shall be initialed by the Director.
The decision of the Director shall be mailed and posted in accordance with Section 10-4.507 of this chapter. Any minor modification approved by the Director shall become final within fifteen (15) days, unless appealed to the Commission, as provided in Article 10 of this chapter.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Every ten (10) years after a surface mining permit has been approved, the Commission shall hold a public hearing in accordance with Article 5 of this chapter, for the purpose of amending the permit to bring it into conformance with applicable future environmental regulations and statutory changes. The Commission shall evaluate the permit to determine if there have been any subsequently adopted environmental regulations or statutory provisions which should be made applicable to the mining operation, even if such laws themselves are not made retroactive to affect the permit. For the purposes of this article, an environmental regulation or statutory provision is one that is promulgated by a responsible or trustee agency that has authority for a particular natural resource (e.g., Yolo-Solano Air Quality Management District, California Department of Fish and Wildlife, California Department of Conservation, Regional Water Quality Control Board, State Lands Commission, State Reclamation Board, etc.), including the County of Yolo.
As a part of this review, the Commission shall also consider whether per-ton fees to which the permit is subject, reasonably reflect actual costs. The fees shall be adjusted up or down accordingly.
Should the Commission decide to incorporate into the permit new regulatory or statutory provisions that were not available at the time of project approval, said provisions shall be applied as an amendment to the permit and processed in accordance with Article 6 of this chapter. The decision of the Commission may be appealed, in accordance with Article 10 of this chapter.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
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