Sections:
10-11.01 Establishment of fees.
10-11.02 Purpose and use of fees.
10-11.03 Determination of reasonable relationship.
10-11.04 Applicability of ordinance.
10-11.05 Calculation and verification of fees.
10-11.06 Payment.
10-11.07 Deleted.
10-11.08 Minimum annual fee payment.
10-11.09 Credits for in-lieu work.
10-11.10 Late charge (penalties).
10-11.11 Accounting procedures.
10-11.12 Reimbursement.
10-11.13 Update.
10-11.14 Exemptions.
(a) There are hereby adopted and established the following five Yolo County aggregate mining fees which shall be imposed and administered in accordance with this chapter:
(1) The CCRMP Implementation (Creek Stabilization) Fee of $0.25 per ton of aggregate material sold.
(2) The Maintenance and Remediation Fee of $0.02 per ton of aggregate material sold.
(3) The OCMP Administration Fee of $0.08 per ton of aggregate material sold.
(4) The Cache Creek Conservancy Contribution (Habitat Restoration) Fee of $0.10 per ton of aggregate material sold.
(5) The Twenty Percent Production Exception Surcharge of $0.20 per ton of aggregate material sold in excess of the approved annual permitted production.
(b) The fees identified in items (1) through (4) above are mandatory fees totaling $0.45 per ton that apply as described herein to all aggregate materials sold after January 1, 2007 in the unincorporated areas of Yolo County along Cache Creek. These fees shall collectively be known as the Gravel Mining Fees. The fee identified in item (5) is also mandatory but only applies to mining over a specified limit as described in Section 10-11.02(e).
(c) The fees described in items (1) through (4) above shall be adjusted annually on January 1 as follows, distributed proportionally among the four fees based on the 2007 ratio. The fee described in item (5) shall remain a flat fee.
January 1, 2007 $0.450 cents per ton (beginning April 1 for 2007 only)
January 1, 2008 $0.468 cents per ton
January 1, 2009 $0.487 cents per ton
January 1, 2010 $0.506 cents per ton
January 1, 2011 $0.526 cents per ton
January 1, 2012 No adjustment (fees remain at $0.526 cents per ton)
January 1, 2013 $0.470 cents per ton
Commencing on January 1, 2014, and each year thereafter through and including a final adjustment on January 1, 2026, the fees applicable to gravel sold during that calendar year shall increase at a rate of four percent. For example, this means that the fees shall rise on January 1, 2014 by four percent to $0.489 cents per ton for gravel sold during the calendar year, and an additional four percent to $0.508 cents per ton on January 1, 2015 for gravel sold during the 2015 calendar year.
January 1, 2014 $0.489 per ton
January 1, 2015 $0.508 per ton
January 1, 2016 $0.529 per ton
January 1, 2017 $0.550 per ton
January 1, 2018 $0.572 per ton
January 1, 2019 $0.595 per ton
January 1, 2020 $0.618 per ton
January 1, 2021 $0.643 per ton
January 1, 2022 $0.669 per ton
January 1, 2023 $0.696 per ton
January 1, 2024 $0.724 per ton
January 1, 2025 $0.752 per ton
January 1, 2026 $0.783 per ton
(§ 1, Ord. 1196, eff. January 1, 1997, as amended by § 2, Ord. 1430, eff. July 4, 2013, § 2, Ord. 1437, eff. January 2, 2014, § 2, Ord. 1445, eff. August 14, 2014, Ord. 1518, eff. February 13, 2020, and § 2, Ord. 1527, eff. November 5, 2020)
(a) The purpose of the CCRMP Implementation Fee is to fund implementation of the CCRMP and CCIP, including but not limited to:
(1) Design and construction of projects for channel stabilization and bridge protection.
(2) Design and construction/ implementation of channel maintenance projects and activities.
(3) Monitoring, modeling, and flood watch as described in the CCIP.
(4) Compensation of the Technical Advisory Committee.
(b) The purpose of the Maintenance and Remediation Fee is to fund a long-term, interest-bearing account for the following future activities (as identified in Section 10-4.803 [Mining Ordinance] of the County Code ):
(1) Remediation of problems related to mercury bioaccumulation in wildlife, should they occur.
(2) Remediation of hazardous materials contamination, should it occur.
(3) Environmental monitoring including data gathering and groundwater modeling beyond, or as an extension of, that required by the operators under the CCAP and permits issued or extended under the CCAP, should it be necessary.
(4) Ongoing site maintenance of publicly held reclaimed lakes including but not limited to fencing, berms, drainage, and levees.
No expenditures may be drawn from the Maintenance and Remediation fund for thirty (30) years. Starting in January 2027, the fund shall be made available for the activities identified above under 10-11.02(b). In January 2047, the County shall determine whether the fund is still merited. If it is determined that supplemental monitoring, maintenance, and/or remediation is no longer required or merited, then the entire fund shall be made available for implementation of the goals of the CCAP, such as the creation of long-term habitat restoration, the creation of open space and passive recreation opportunities, and restoration and stabilization of Cache Creek.
Any disbursement of money from the maintenance and remediation fund shall require approval by the Board of Supervisors. Use of this fund for any purpose other than those specified herein is expressly prohibited.
(c) The purpose of the OCMP Administration Fee is to:
(1) Implement the OCMP.
(2) Administer long-term mining permits.
(3) Administer development agreements.
(4) Inspect mining and reclamation operations. This applies to inspections required of all permitted operations, up to a set maximum value, beyond which operators will be billed directly at cost. Inspections specific to individual operations shall be billed directly at cost.
(d) The purpose of the Cache Creek Conservancy Contribution (Habitat Restoration) Fee is to fund activities that promote and facilitate the restoration, enhancement, conservation, and wise management of natural vegetation and wildlife habitat within the lower Cache Creek watershed (between Capay Dam and the Town of Yolo), consistent with the CCRMP and the Conservancy’s mission to preserve, restore, and enhance the Cache Creek watershed.
(e) The purpose of the Twenty Percent Production Exception Surcharge fee is to offset additional costs anticipated with mining allowed in excess of approved annual permitted production, pursuant to Action 2.4-12 of the OCMP and Section 10-4.405 of the Off-Channel Mining Ordinance, to meet temporary increases in market demand. The revenue is to be directed as follows:
(1) Fifty (50) percent to the CCRMP Implementation fund.
(2) Fifty (50) percent to the Maintenance and Remediation Fund.
(f) The County shall review fee revenue and expenditures no less frequently than biennially, to verify that program activities and expenditures fall within the scope of this section, and to verify deposits into appropriate funds, as described herein. (§ 1, Ord. 1196, eff. January 1, 1999; as amended by § 2, Ord. 1357, eff. April 26, 2007; § 2, Ord. 1397, eff. April 15, 2010;§ 2, Ord. 1445, eff. August 14, 2014; and Ord. 1518, eff. February 13, 2020)
In the course of adopting the various components that comprise the CCAP, the County has determined that there is a reasonable relationship between the fees identified herein, the use to which they are to be put, and the applicability of charging said fees of permit holders. These relationships can be generally summarized as follows:
(a) CCRMP Implementation Fee and Cache Creek Conservancy Contribution. The Streamway Influence Boundary (page 21 of Final OCMP; page 10 of Final CCRMP) defines the area which has historically been occupied by Cache Creek, and where land uses continue to have an effect on streamflow. Left to natural forces, the channel would attempt to reclaim the entire area shown within the Streamway Influence Boundary. The Streamway Influence Boundary, therefore, is that area adjoining the creek within which the active creek channel may have an influence, and within which land uses adjoining the creek may have an influence on the creek. There is a spatial, hydrologic, and geologic connection between these areas. The area designated for off-channel mining is located within or in relevant proximity to the Streamway Influence Boundary, thereby establishing the nexus for funding of programs by Permit Holders, to offset the potential for influence between the two.
(b) Maintenance and remediation fee. This “contingency” fund offsets the risk of encountering costs after reclamation, associated with remediation, monitoring, and/or maintenance of permanent lakes resulting from deep mining, thereby establishing the nexus for funding by Permit Holders mining within the groundwater table.
(c) OCMP administration fee. The OCMP is a mining plan prepared and adopted for the purpose of regulating off-channel aggregate resources. This fee reimburses the County for administrative costs of implementing the Plan, from which Permit Holders receive direct benefits, thereby establishing the nexus for funding by Permit Holders.
(d) Twenty percent production exception surcharge fee. Extraction within or adjacent to the Streamway Influence Boundary, in excess of approved annual permitted production, increases the potential for influence between off-channel mining and Cache Creek. This fund offsets that potential and therefore fifty (50%) percent would be used primarily to supplement the CCRMP Implementation fund. The increased extraction addressed by this fee also increases the potential risk of encountering costs after reclamation, associated with remediation, monitoring, and/or maintenance of permanent lakes resulting from deep mining. This fund offsets that potential and therefore the remaining fifty (50%) percent would be used to supplement the Maintenance and Remediation Fund. (§ 1, Ord. 1196, eff. January 1, 1997; as amended by § 2, Ord. 1357, eff. April 26, 2007,§ 2, Ord. 1445, eff. August 14, 2014, and Ord. 1518, eff. February 13, 2020)
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