Napa County Municipal Code Art. II Exploration Permits

No person shall conduct exploration or prospecting operations in the unincorporated area of the county without first obtaining an exploration permit to do so, unless exempted by subsection B or C of Section 16.12.050.

(Ord. 1150 § 2 (part), 1998)

The owner or operator, whether or not he or she is currently conducting a surface mining operation, may apply for an exploration permit. All such applications shall be filed with the planning director on forms provided by the planning department, shall be accompanied by the required filing fee, and must be signed by the property owner and, if different, the operator. An application shall not be deemed complete or accepted for filing and the time limitations for processing a permit shall not begin to run unless and until the planning director certifies the application is complete. The planning director shall not certify an application as complete unless it contains:

A. Names and addresses of the surface and mineral owners of record and those persons responsible for conducting the exploration;

B. A brief description of the geologic, water, vegetation and other physical factors that may be affected by the proposed operation;

C. A narrative discussion of each of the following factors:

1. Method of exploration and types of equipment to be used,

2. Measures to be taken to prevent or control fire, soil erosion, pollution of surface water and groundwater, pollution of air, and hazards to public health and safety, and

3. The location, proposed or existing, of access to the sites, considering the anticipated tonnage of material to be removed;

D. The method to be utilized for plugging drill holes;

E. If underground mining techniques are to be utilized in prospecting, the measures to be taken to prevent damage to the surface so as to maintain the value and reasonably foreseeable use of surface lands;

F. The measures to be taken for surface reclamation if surface disturbance is involved, and the ore samples removed from the disturbed area indicate that the area cannot be economically mined, including:

1. A reclamation schedule,

2. The method of grading, backfilling, soil stabilization, and compacting and contouring,

3. The method of soil preparation and type of replanting anticipated;

G. The estimated timetable for each phase of the work and for final completion of the program;

H. Suitable topographic maps and aerial photographs showing existing surface water, drainage features, structures, roads, and the proposed location of drill holes; trenches, machine access routes and proposed roads, which shall be designated as permanent or temporary; and

I. Such other data as may be required by the planning director, including such data as is necessary to complete the required environmental assessment.

(Ord. 1150 § 2 (part), 1998)

A. All applications shall be submitted to the planning department for review prior to filing. Within thirty days after receipt of an application for an exploration permit, the planning director shall review the application and shall inform the applicant in writing whether or not the application is complete. If the application is complete, it shall be accepted for filing immediately if the required filing fees have been paid. If the application is found to be incomplete, the applicant shall be so notified in writing, together with a description of the type of information that must be submitted to make the application complete.

B. Once an application has been determined to be complete, it shall be set for public hearing before the zoning administrator in accordance with the notice provisions of subsection (B) of Section 16.12.370.

(Ord. 1150 § 2 (part), 1998)

A. The zoning administrator shall approve, conditionally approve, or deny an exploration permit within sixty days after receiving a completed application, and give notice of the decision, including any required conditions-or-approval, by mail to the applicant.

B. An application for an exploration permit shall only be approved if the zoning administrator or, on appeal, the board of supervisors finds that:

1. All significant adverse environmental impacts have been mitigated, or a statement of overriding findings has been made;

2. A schedule of periodic inspections has been imposed as a condition of approval, of a frequency sufficient to ensure compliance with the approved reclamation plan; and

3. The approval is conditioned so as to adequately protect the public health, safety and welfare.

C. The decision of the zoning administrator shall be final unless the applicant or any interested person appeals to the board of supervisors in accordance with Chapter 2.88 of this code.

(Ord. 1201 § 4, 2002; Ord. 1150 § 2 (part), 1998)

The procedure for suspension or revocation of an exploration permit shall be as set forth in Section 16.12.370.

(Ord. 1150 § 2 (part), 1998)