Sediment fines associated with processed in-channel aggregate deposits (excavated as a result of maintenance activities performed in compliance with the CCIP) may be used in the backfill or reclamation of off-channel permanent lakes, for in-channel reshaping or habitat restoration, and/or as a soil amendment in agricultural fields provided the operator can demonstrate that no detrimental sediment toxicity exists (consistent with the state’s Stream Pollution Trends Monitoring Program protocols) and fine-grained soil (<63 micron) do not exceed 0.4 mg/kg total mercury.
The operator shall use overburden and processing fines whenever possible to support reclamation activities for pit lakes. If topsoil (A-horizon soil), formerly in agricultural production, is proposed for use within a pit lake or its drainage area, the operator must sample the soils prior to placement and analyze them for pesticides and herbicides (EPA Methods 8141B and 8151A, or equivalent) as well as for total mercury (EPA Method 7471B, or equivalent). The operator shall collect and analyze samples in accordance with EPA Test Methods for Evaluating Solid Waste Physical/Chemical Methods, SW-846 (as updated). Topsoil that contains pesticides or herbicides above the Maximum Contaminant Levels for primary drinking water (California Code of Regulations), or that contains fine-grained soils exceeding on average 0.4 mg/kg total mercury shall not be placed in areas that drain to the pit lakes.
Land reclaimed to a subsequent use that includes planting of vegetation (e.g., agriculture, habitat) shall be provided an adequate soil profile (i.e., depth and texture of soil) to ensure successful reclamation. At the discretion of the Director and at the operator’s sole expense, the proposed reclamation plan for the project may be peer reviewed by an appropriate expert/professional, and recommendations, if any, shall be incorporated into the project as conditions of approval. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)