Sec. 10-4.603. Amendments: Exceptions.

   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)

Sec. 10-4.604. Minor modifications.

   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)

Sec. 10-4.605. Interim permit review.

   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)

Article 7. Annual Reports

Sec. 10-4.701. Annual reports: Contents.

   Every surface mining operator shall submit an annual report of surface mining operations no later than November 1 of each year, describing the activities of the previous twelve (12) months. Annual reports shall no longer be required, once final reclamation has been completed and financial assurances have been released. Operators shall submit one hard copy and one electronic copy to the County. Such reports shall contain the following information:

   (a)   A site plan submitted in the form prescribed by the Director, including all property proposed to be included in the reclamation plan, drawn to a scale of one inch equals one-hundred feet (1" = 100'), or other scale acceptable to the Director for larger holdings, and showing the following information:

   (1)   Property boundaries and the boundaries of permitted mining areas, including the depiction of separate mining phases;

   (2)   The existing contours;

   (3)   Contours which show the areas and depth of mining which have occurred since the previous annual report;

   (4)   Identification of any significant changes in the topography, such as bank failures, levee breaches, extensive erosion, etc. which have occurred since the previous annual report;

   (5)   Identification of erosion control structures, levees, berms, stockpiles, haul roads, settling ponds, habitat avoidance areas, and processing facilities;

   (6)   The extent of areas reclaimed since the previous annual report;

   (7)   The extent of any borrow areas, where topsoil and overburden are excavated for use in the reclamation of mined lands; and

   (8)   Updated graphic depictions of the control cross-sections approved in the surface mining permit application.

   The site plan shall include a certificate from a licensed land surveyor or registered civil engineer certifying that the site plan and cross-sections were prepared by or under the direct supervision of the surveyor or engineer;

   (b)   A statement of the total amount of minerals produced since the date of the initial permit approval and since the date of the preceding annual report. Such information shall be consistent with the data submitted to the Department, as required in Section 2207 et seq. of Chapter 2 of Division 2 of the Public Resources Code of California. Production information shall be considered confidential under Section 10-4.901 of this chapter. Such reports shall be submitted as a declaration under penalty of perjury;

   (c)   A statement of the total amount of concrete and asphalt materials recycled since the date of the preceding annual report, and a statement of the total amount of aggregate removed from Cache Creek as a result of channel maintenance and reshaping activities in accordance with the CCRMP;

   (d)   A report prepared by a qualified hydrologist describing the data obtained from the on-site groundwater monitoring program, prepared in accordance with Section 10-4.417. The report shall recommend appropriate remedial measures if contamination in exceedance of established thresholds is indicated;

   (e)   A report describing the previous year’s crop yields on any land in the process of being reclaimed to agriculture in accordance with the approved reclamation plan. The report shall include a soil analysis and appropriate remedial measures prepared by a qualified agronomist if crop yields do not meet the production standards set forth in the approved reclamation plan;

   (f)   A report prepared by a qualified biologist describing the density, coverage, and species-richness of any on-site areas that are being revegetated with plants other than agricultural crops in accordance with the approved reclamation plan. The report shall compare the observed data with the performance standards set forth in the approved reclamation plan and shall recommend remedial measures if the previous year’s revegetation efforts have not been successful;

   (g)   A report prepared by a Registered Geologist, a Licensed Geotechnical Engineer, or a Registered Civil Engineer describing the remedial measures necessary to remediate any slope failures, levee breaches, or other topographical problems referred to in the site plan above;

   (h)   A report describing the extent of mining carried out over the previous year and the conformance of the operation with the approved reclamation timetable and/or phasing plan. Said report shall also describe the proposed extent of operations to be carried out over the following year;

   (i)   A report describing the compliance of the surface mining operation with the approved conditions of approval;

   (j)   A table, matrix, or report identifying all adopted CEQA mitigation measures by number and text, and describing compliance with these measures, pursuant to the Mitigation Monitoring Program adopted for the project; and

   (k)   A statement describing the status of any permits or approval issued by other agencies of jurisdiction; and

   (l)   A report describing the compliance with the applicable terms of the approved Development Agreement.

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

Sec. 10-4.702. Annual reports: Filing.

   Annual reports shall be submitted to the Director for review and determination as to completeness. If the annual report is determined to be incomplete, the Director shall notify the operator in writing within thirty (30) days of receipt of the annual report. The written notice shall specifically describe the information necessary to complete the annual report. The annual report 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 annual report has been determined to be complete and the appropriate fees have been paid, the annual report shall be filed by the Director and made available for public review.

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

Sec. 10-4.703. Annual reports: Hearing.

   Every year, the Planning Commission shall hold a public hearing, in accordance with Article 5 of this chapter, regarding the compliance status of each surface mining operation permitted pursuant to this title. After considering the evidence in the public hearing, the Commission shall find that the operation either complies or does not comply with the Act, this chapter, and the conditions of approval for the surface mining permit. If the Commission finds that the operation is not in compliance, then the Director shall commence Notice of Violation proceedings, pursuant to Article 11 of this Chapter.

   Within ten (10) days after the decision of the Commission, 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. 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)

Article 8. Fees