Humboldt County Municipal Code § 28.2 Mr – Mineral Resources Combining Zone

The purposes of these provisions are to: (1) identify permitted surface mining operations; (2)

ensure compatibility of adjacent uses; (3) establish a process through which notice may be provided to owners of land seeking discretionary approval for projects within one thousand (1,000) feet of vested and permitted surface mining extraction sites; and (4) to facilitate implementation of the County’s regulations for surface mining, conservation, and reclamation.

The Mineral Resources Combining Zone, indicated by “MR” on the Zoning Maps, shall be

applied to the Zoning Maps covering parcels with vested or permitted surface mining operations, as shown on the Mineral Resources – Mining Operations Map contained in General Plan Appendix F, Map Book, and land within one thousand (1,000) feet of the outside edge of Assessor’s parcels containing surface mining operations. Land located within three hundred (300) feet of mapped mining haul routes shall also be subject to these regulations.

pursuant to Division 9, Mining Operations, of Title III, Land Use and Development, and the California Surface Mining and Reclamation Act (SMARA).

feet of mapped mining haul routes may be approved only if the project incorporates the best mitigation measures feasible to minimize potential conflicts with continued mining operations. Incompatible land uses shall be suitably buffered from mining activity.

Humboldt County General Plan Appendix F, Map Book, shall provide public notice to landowners within one thousand (1,000) feet of the mining operation or one thousand five hundred (1,500) feet from any associated processing plant, and within three hundred (300) feet of proposed or existing haul routes.

include public hearing notice to the mine owners.

provide notice to any public water system whose service area includes the project site.

stream gravel mining operations from bars along the Eel, Mad, Trinity, and Van Duzen Rivers and their tributaries. According to the Mineral Resources Chapter of the Humboldt County General Plan Conservation and Open Space Elements, the production of sand and gravel, hard rock, and metals is essential for the economic well-being of the County. The County’s vested and permitted surface mining operations must be protected, including in areas near residential development.

permitted surface mining extraction sites or within three hundred (300) feet of existing haul routes to record a notice of the “right to mine” against the property for which a discretionary permit is sought. The notice shall advise owners and subsequent interests in ownership that the existing mining operation has a permitted right to continued mining operations. The notice shall be in substantially the following form: You are hereby notified that if the property you are purchasing is located close to vested and permitted surface mining extraction sites, you may be subject to inconvenience or discomfort from the following mining operations: noise, dust and emissions from mobile equipment used in mining operations such as bull dozers, scrapers, loaders, water trucks, and haul trucks, and stationary equipment such as conveyors, screeners, washing/crushing plants, and batch plants for the production of asphalt or concrete; and the lawful and proper use of chemicals and regulated explosives. Mining operations may involve excavation, drilling and blasting, with subsequent excavating and sorting. These operations may generate, among other things, dust, smoke, noise and odor. If you live near vested and permitted surface mining extraction sites, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county whose economy is reliant upon the production and conservation of minerals, while preserving to the maximum extent feasible the values relating to recreation, watershed, wildlife, timber management and agriculture, science, and aesthetic enjoyment. For information concerning where mining operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Planning and Building Department. Nothing in this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper mining practice.

approval, conditional use permit, or special permit, for a use within one thousand (1,000) feet of vested and permitted surface mining extraction sites or within three hundred (300) feet of mapped mining haul routes to vested and permitted surface mining extraction sites, the discretionary development permit shall include a condition that the owners of the property shall be required to record a notice of the right to mine against the property for which a discretionary permit is sought containing the disclosure set out in Section 314-28.2.5.2. (Ord. 2629, § 7, 6/11/2019)

314-29 “N” Combining Zone Designations