The provisions of this chapter shall not apply to any operation where mined materials do not leave the property being excavated. This chapter shall also not apply to any operation where mined materials are transferred between parcels, if the mined materials are used for agricultural purposes (e.g., land leveling, road building, levee repair, etc.) and there is no exchange of goods and/or services for the mined materials. In addition, the provisions of this chapter shall not apply to those activities and operations that are exempted by Section 2714 of the Act and/or Section 3505.a of the Regulations.
Specifically, this chapter shall not apply to those operations conducted within the Cache Creek Settling Basin, Fremont Weir, and/or the Sacramento Weir for the purpose of cleaning out sediment materials to restore those flood control facilities to their engineered design capacity, as provided for under Section 3505.(a).(2) of the Regulations. In order to qualify for this exemption, operations may only occur where the final grade of the excavated area does not exceed the as-built approved design specifications contained the approved documents for the Cache Creek Settling Basin , Fremont Weir, and/or Sacramento Weir.
Any exemption granted from the provisions of this chapter shall not, in and of itself, exempt a project or activity from the application of other applicable regulations and requirements. (§ 2, Ord. 1276, eff. December 6, 2001)