4.8. SURFACE MINING (SM) COMBINING ZONING

The Surface Mining (SM) Combining Zoning District is designed to protect the mineral resources of the County from incompatible land use; to manage the mineral resources; to assure the County of an adequate supply of these resources with due consideration for the environment; and to provide for the restoration of mined lands for future use. The goals to be pursued by establishment of this zoning district include that:

Mineral resource areas be protected from preclusive and incompatible land uses.

• Surface mining be controlled to provide for protection of the environment.

• Surface mining be controlled to protect the public health, safety, welfare, and property values of residents living near surface mining operations.

• Provisions be made for the reclamation of mined lands in compliance with SCC, Chapter 20.04, Surface Mining and Reclamation.

4.8.1.A. Applicability

The SM combining zoning district may be combined with the following zones: AG-160, AG-80, AG-40, AG-20, A-80, A-20, A-10, UR, IR, M-1, M-2, O, C-O, and (F).

[AMENDED 12-01-2017]

4.8.2.A.

“Aggregate” means sand, gravel, crushed rock, cobble, and quarried stone.

4.8.2.B.

“Board” means the Board of Supervisors, County of Sacramento, State of California.

4.8.2.C.

“Department” means the Sacramento County Planning and Environmental Review.

4.8.2.D.

“Habitable Structure” means a building used for normal residential activities such as living, sleeping, eating and cooking.

4.8.2.E.

“Mined Lands” includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in surface mining operations, are located.

4.8.2.F.

“Mining Operations” includes all types of surface mining uses including primary uses, ancillary uses and accessory uses.

4.8.2.G.

“Operator” means any person who is engaged in surface mining operations himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

4.8.2.H.

“Permit,” for the purposes of this chapter, means a Conditional Use Permit to conduct surface mining operations granted by the Board of Supervisors.

4.8.2.I.

“Person” means any natural person, firm, association, joint venture, joint stock company, partnership, club, company, corporation, business trust, or organization of any kind as well as a city, county, district, or the state or any department or agency thereof.

4.8.2.J.

“Potentially Incompatible Uses” means those uses which, when proximate to surface mining uses, would be potentially detrimental to public health, safety or welfare. Such uses include but are not limited to schools, residences, offices, places of worship, day care centers, parks, or golf courses.

4.8.2.K.

“Primary Aggregate Uses” means the removal of aggregate pursuant to this Section.

4.8.2.L.

“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, re-soiling, re-vegetation, soil compaction stabilization or other measures.

4.8.2.M.

“Residential Properties” means any land use zone which allows one or more habitable structures, as listed in Section 3.2 of this Code.

4.8.3.

[DELETED]

4.8.4.A. Surface Mining Operations

The following types of mining operations are permitted in the Surface Mining Combining Zone, subject to approval of a Conditional Use Permit by the Board of Supervisors, and upon approval of a reclamation plan and financial assurances pursuant to SCC, Chapter 20.04, Surface Mining and Reclamation.

1. Aggregate Mining Uses

• a. Primary Aggregate Uses including sand, gravel or cobble mining, hard rock quarrying for crushed rock or dimension stone, and the mining of existing dredger tailings.

• b. Ancillary Uses are production of Ready-mix concrete and asphaltic concrete using materials mined on-site, and recycling of aggregate-based construction materials, if all the following are satisfied:

  • i. The Board of Supervisors finds that the environmental impacts have been considered and that there are regional benefits in permitting the ancillary uses.

  • ii. The Board of Supervisors imposes in a Conditional Use Permit the following conditions:

    1. Except for recycling of aggregate-based construction materials, only material mined under the approved use permit can be used to supply the primary aggregate needs

of the ancillary uses. Minor quantities of other mined material not available on-site

• (e.g. natural sands) may be imported as required for ancillary uses.

2. All ancillary uses shall cease when mining is complete. Their removal shall be provided for in the Reclamation Plan.

2. Clay, Lignite and Related Minerals Mining

Subject to the regulations set forth in this Section.

3. Borrow Sites or Pits

Subject to the regulations set forth in this Section, except as otherwise provided in Section 3.2.

4. Mining Accessory Uses

• a. Dimension stone facilities, on-site conveyor systems, crushing, sorting, the use of sedimentation ponds, processing facilities and stockpiles, all subject to the regulations set forth in this Section.

• b. Offices, shops, equipment and truck storage yards, scales and weighing equipment.

4.8.5.A. Issuance

Prior to commencement of any construction or mining activities pursuant to the Conditional Use Permit, the applicant shall obtain a Work Authorization Permit from the Planning Director. This permit shall not be issued until the Director is satisfied that all conditions of the Use Permit, and provisions of this Section have been met. In addition, prior to issuance of the Work Authorization Permit the Planning Director must receive the items listed in Sections 4.8.5.A.1 through 4.8.5.A.4. Additional items specific to a project may be required prior to issuance of a Work Authorization Permit.

1. Proof of a financial assurance in the amount and form approved by the Planning Director and made payable to the County of Sacramento and the Director, Department of Conservation.

2. Approval by the Sacramento County Environmental Management Department of the setbacks for sewage systems on or near the site, as described in Section 4.8.12.F.

3. A final drainage plan pursuant to Section 4.8.11.H and approved by the Sacramento County Water Resources Department.

4. A final lighting plan as described in Section 4.8.11.K approved by the Department.

4.8.5.B. Revocation

The Planning Director may revoke or suspend the Work Authorization Permit if the operator of the mining site fails to comply with the provisions of this Section or the conditions of the Use Permit. Continued operation of a mine after revocation or suspension of the work authorization permit is deemed a violation of this Code.

4.8.5.C. Procedures

The procedure for suspension or revocation of a Work Authorization Permit is as follows:

1. The Planning Director shall notify the operator in writing of the alleged violation. Notice shall be hand delivered to the operator’s local office or deposited as certified or registered mail in the U.S. mails.

2. The operator may request an informal hearing with the Planning Director or his or her designee to be held within seven days of delivery of the notice. The purpose of the meeting is to allow the Director and the operator to present their respective views regarding the alleged violations.

3. At the conclusion of the hearing, or the failure of the operator to ask for an informal hearing, the Planning Director shall determine in writing if the permit should continue in force, be suspended, or be revoked. A copy of the decision shall be delivered to the operator.

4. Decisions of the Planning Director may be appealed to the Board by giving notice and paying applicable fees to the Clerk of the Board not later than 10 days from the date of decision of the Director. The Clerk shall schedule the appeal to be heard by the Board not later than the third regular meeting of the Board following receipt of notice of the appeal. The Board shall hear the appeal de novo.

In addition to any other findings required as a matter of law, the Board of Supervisors shall not grant a Conditional Use Permit, unless it finds:

4.8.6.A.

That the plans and reports, submitted pursuant to Section 4.8.11 or Section 4.8.15, adequately describe the proposed operation.

4.8.6.B.

That the plans and reports, submitted pursuant to Section 4.8.11 or Section 4.8.15, incorporate all reasonable measures to mitigate significant adverse environmental effects of the proposed operation.

4.8.6.C.

That the plans and reports, submitted pursuant to Section 4.8.11 or Section 4.8.15, incorporate adequate measures to restore the site to a usable condition compatible with adjacent areas.

4.8.6.D.

That the uses proposed are not likely to adversely affect the public health or safety; and

4.8.6.E.

That the uses proposed would not be incompatible with the objectives, policies, and general land uses and programs specified in the Sacramento County General Plan.

4.8.7.A. Approval Authority

The Planning Director may approve requests for minor deviations from approved Use Permits, when necessitated by extraordinary circumstances.

4.8.7.B. Approval Criteria

The Planning Director, when considering a request for a minor deviation, shall consider the following criteria, in addition to others that may be relevant to the request.

1. Whether the request is in substantial compliance with the intent of the Use Permit and its conditions.

2. The proximity of the site to sensitive land uses.

3. For fencing and landscaping, including berms:

   • a. Maintenance of visual openness and the preservation of rural character.

   • b. In rural areas, the protection of watering systems and/or landscaping from theft.

   • c. Consistency with surrounding landscaping patterns.

4.8.7.C. Noticing

Notice of the decision of the Planning Director shall be mailed to neighboring property owners in accordance with the Code. The decision of the Planning Director may be appealed to the Board of Supervisors. Appeals must be submitted in writing, with appropriate fees, to the Clerk of the Board within 10 days of the date of the determination.

No Conditional Use Permit shall be effective until it has been executed by the Chair of Board of Supervisors and recorded in the official records of the County Recorder of Sacramento County.

The County shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Section and the State regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the County, at the time of filing of the Conditional Use Permit application, Reclamation Plan application, and at such other times as are determined by the County to be appropriate in order to ensure that all reasonable costs of implementing this Section are borne by the mining operator.

If any subsection, sentence, clause or phrase of this Section is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Section.

In addition to the application data for Conditional Use Permits set forth in Section 6.4.3, an application for a Conditional Use Permit under this Section shall include the following information:

4.8.11.A. Mining Plan

The application shall include a mining plan, which shall:

1. Show the progression of all operations of the facility.

2. Show the location of equipment, stockpiles, settling ponds, interim drainage, and deposit locations.

3. Indicate the progression of stripping and excavating through the use of cross sections or elevations.

4. Indicate the time lag between mining and reclamation, and between original equipment siting and relocations.

5. Show the proposed plan for concurrent excavation and reclamation, if applicable.

6. Show the location and type of all fencing that will be erected for safety and security purposes. Also, indicate the approximate timing (construction and dismantling) of site fencing.

4.8.11.B. Reclamation Plan

The applicant shall submit a reclamation plan that complies with SCC, Chapter 20.04, “Surface Mining and Reclamation.”

4.8.11.C. Soil, Geologic, and Hydrologic Data

The applicant shall provide the following data:

1. An estimate of the total quantity of constituent materials (extracted materials, overburden, other) available at the site.

2. Anticipated dimensions of the excavation area, i.e., areal extent and average depth of overburden and resource materials.

3. An estimate of the ton per hour plant capacity and the anticipated annual production rates.

4. Description of the equipment and methods used in the resource recovery for the total operation and for each constituent resource or extracted material.

5. Soil; geologic, especially lithologic; surface and ground water samplings if required by the Municipal Services Agency; and any sand and aggregate studies of the site prepared for project proponent. Any previous sand and aggregate studies of the project site or adjacent sites of which project proponent may be aware should also be provided.

6. Fate of overburden following removal, i.e., disposal, sale, storage for later use, other.

7. Description of drainage course alterations and diversions.

8. Identification numbers of existing wells on the project site and the location of proposed wells.

9. Source of water, purpose and rate of water use, and description of disposal methods or treatment of such water.

10. Source and nature of fill, if any, for reclamation and an engineering stability analysis of final slopes based on the physical characteristics of the slope material, it’s probable maximum water content, landscaping requirements and other factors.

11. Identification of all sewage disposal systems within 300 feet of the proposed mining area.

12. Information regarding mitigation measures proposed to reduce potential nuisances, hazards or environmental impacts if required by the Department.

4.8.11.D. Traffic, Truck Management, and Parking Plan

The application shall include an off-street parking plan for customers, employees and equipment as provided in Section 5.9. The plan shall demonstrate that the site provides adequate space for parking, queuing and loading of trucks, as well as parking of employee vehicles to minimize traffic problems to residents on neighboring streets. The application shall also show the anticipated street

truck routes from the site to freeway and major arterials, site ingress and egress points, and address the potential benefit of using feasible alternatives to trucks, including conveyor belt systems, as part of a Truck Management Plan.

4.8.11.E. Air Pollution Control Measures

The application shall include dust control measures designed to comply with any relevant rules of the Sacramento Metropolitan Air Quality Management District (SMAQMD), including Rules 402 and 403. The air pollution control measures shall include signage and other notification that provides neighbors with information needed for reporting nuisance dust concerns to the operator and to SMAQMD. Such signage shall be placed at intervals of not more than 500 feet.

4.8.11.F. Noise Data

[AMENDED 12-01-2017]

The application must include a plan indicating the anticipated noise contour levels on the mining site and adjacent properties along with the measures proposed to control the noise. When mining, processing, and related activities are planned to occur within 500 feet of a habitable structure and/or potentially incompatible use, the mining operator shall provide to the County a noise monitoring program prepared by a qualified acoustical consultant (chosen from a list provided by Planning and Environmental Review). The study area radius of the noise monitoring program shall be increased to 1,000 feet if habitable structures and/or potentially incompatible uses are on land with either Agricultural or Agricultural-Residential zoning. The program will be used to evaluate the effectiveness of mitigation measures in reducing noise levels to comply with applicable noise ordinances. A qualified consultant shall test noise levels during the removal of overburden, the extraction of aggregates and the backfill of overburden as they occur at abutting residential boundaries. The owners of habitable structures and/or potentially incompatible uses included in the study area shall be notified when testing is to occur. Further testing may not be required if the consultant determines the mitigation measures are successful in achieving the required noise reduction. If testing indicates that noise standards are exceeded, the testing results shall be reported to the County and additional mitigation measures will be required.

4.8.11.G. Waste Data

The application shall include a plan showing the kind, amounts and method of removal of solid and liquid waste anticipated to occur at the site. The plan shall indicate the quantity of given water waste that will be discharged into settling or percolation ponds or discharged directly to water courses.

4.8.11.H. Drainage Plan

The application shall include a draft drainage plan. Approval of a final drainage plan is required before a Work Authorization Permit will be issued as provided in Section 4.8.5.

4.8.11.I. Hazardous Materials

The applicant shall identify any hazardous materials to be used in the aggregate mining operations and measures proposed for the handling, storage and disposal of those materials.

4.8.11.J. Landscape Plan

The applicant shall submit a landscape plan to the Department which shall include the location, description and timing of plantings, fences, sound walls, and berms. The description of fencing or sound walls, including temporary noise barriers, shall include color and materials, when appropriate. The landscaping plan shall be designed to be generally compatible with the surrounding uses and existing landscaping patterns, to the satisfaction of the Senior Landscape Architect, Department of Transportation. In rural areas the following shall be considered when approving the landscape plan:

1. Maintenance of visual openness and the preservation of rural character through design that may include clustering of plant species.

2. Protection of watering systems and/or landscaping from theft.

3. Requests from owners of residential properties located within 500 feet of the parcel or parcels that are being mined.

4.8.11.K. Lighting Plan

The applicant shall submit a lighting plan that outlines performance criteria and demonstrates that neither public rights-of-way nor adjacent properties will be significantly illuminated during aggregate mining operations. The lighting plan shall describe site-specific standards including a requirement that a minimum of 90 percent of the light shall be projected downward and within the mining site boundaries. Shielding will be used, as needed, to minimize glare and to minimize light projection into the sky. Approval of the lighting plan is required before a Work Authorization Permit will be issued as provided in Section 4.8.5.

4.8.11.L. Regional Analysis of Ancillary Uses

The applicant shall provide a detailed analysis of regional benefits created by locating the ancillary uses on or abutting the mine site as compared to locating the uses on available sites with industrial zoning. The analysis shall include an evaluation of the potential regional benefits to air quality and traffic.

Standards for aggregate mining operations, including sand and gravel mines, hard rock quarries and dredger tailing mining operations allowed in the SM combining zoning district shall comply with the minimum standards of this Section.

4.8.12.A. Operating Hours

Unless otherwise provided as a condition of Use Permit the hours of operation of mining, processing, maintenance, and related activities shall be as set forth in Sections 4.8.12.A.1 and 4.8.12.A.2.

1. When mining, processing, and related activities occur within 1,000 feet of a habitable structure and/or potentially incompatible use on land zoned Agricultural or Agricultural-Residential, or within 500 feet from a habitable structure and/or potentially incompatible uses in all other zones, or are otherwise provided as a condition of Use Permit, then the hours of operation of mining, processing and related activities, including haul out, shall be:

   • a. Monday through Friday, inclusive: 6:00 a.m. until 9:00 p.m.; maintenance operations beyond mining hours to occur from 9:00 p.m. to midnight.

   • b. Saturday: 7:00 a.m. through 3:00 p.m.; maintenance operations beyond mining hours to occur from 3:00 p.m. to 4:00 p.m.

   • c. Sunday and any Federal/State holidays: no mining, processing, hauling or maintenance permitted.

2. For all parcels not subject to Section 4.8.12.A.1, the hours of operation of mining, processing, maintenance, and related activities, including haul out, shall be:

   • a. Monday through Friday, inclusive: 6:00 a.m. until 10:00 p.m.; maintenance operations beyond mining hours to occur from 10:00 p.m. to 6:00 a.m.

   • b. Saturday: 6:00 a.m. through 3:00 p.m.; maintenance operations beyond mining hours to occur from 3:00 p.m. to 10:00 p.m.

   • c. Sunday and any Federal/State holidays: no mining, processing, hauling or maintenance permitted.

3. Extensions of Operating and Haul Out Hours.

The Use Permit may specify hours of operation and haul out exceeding the hours set forth in Sections 4.8.12.A.1 and 4.8.12.A.2 for specified activities including haul out, basic uses, and ancillary uses, but not including mining. Any extension of hours through the Use Permit shall specify the use(s) and the hours, and may specify the circumstances required for using the extended hours and/or the number of days annually that the extended hours may be used.

4. Exceptions for Operating and Haul out Hours.

The Zoning Administrator may permit, on an interim basis, operating or haul out hours different from those allowed under the Use Permit if he or she finds that the public benefit outweighs the community hardship, and/or public projects are being served by the site and require extended periods of continuous operation, and/or the work requires a continuous pour of concrete. Applicants for exceptions must submit an application and fees for a Zoning Administrator’s Action (ZAZ) and a letter stating the specific reason for the exception, the duration of the exception (with approximate dates), haul route, the extension of hours requested, and the specific uses to be allowed under the exception. The application should be filed at the least 30 days in advance of the proposed operating or haul out event in order to meet the appeal deadlines herein. Notice of the decision of the Zoning Administrator shall be mailed to neighboring property owners in accordance with this Code. Decisions by the Zoning Administrator may be appealed to the Board of Supervisors. Appeals must be submitted in writing, with appropriate fees, to the County Clerk within 10 days of the date of the decision.

4.8.12.B. Fences

Unless otherwise provided by condition of the Use Permit, the following fence requirements shall apply:

1. Fences erected for safety purposes shall be chain link.

2. The fence shall be not less than six feet in height above the grade of the property outside the fenced area.

3. Gates shall be installed to fence height at all entrances.

4. Fences shall be kept in good repair.

5. Fences shall conform to the ground to preclude opening of more than four inches between the ground and the fence.

6. Fences shall be placed around mining site and processing site boundaries as necessary to ensure public safety and security.

4.8.12.C. Warning and Compliant Information Signs

1. The operator shall provide warning and trespass signs advising of the mining operation on the fences at intervals of not less than 500 feet. Signs shall be kept legible and in good repair.

2. The operator shall provide signs containing information necessary for reporting complaints to the mine operator, and also for reporting fugitive dust to the Sacramento Metropolitan Air Quality Management District. Signs shall be placed to be easily visible by the public.

4.8.12.D. Visual Screen

The Board of Supervisors may, as a condition of the Use Permit, require a visual screen when the mining site is adjacent to a public street and/or potentially incompatible uses. Visual screening shall be designed to “soften” views into the pit to create aesthetically pleasing landscaping. Landscaping plans shall locate trees and shrubs, if required, in a natural looking distribution. Berms, if required, should be designed to meander to create a natural-looking effect. Complete blockage of the view into the pit is discouraged. Visual screening may be accomplished by use of berms, fences, landscaping, setbacks or combinations thereof.

4.8.12.E. Noise

Unless otherwise provided by ordinance, the sound level created by the mining use at the boundary line of the authorized mining area shall not exceed 70 dBA except along a boundary contiguous to another area authorized to mine for sand or aggregates. A violation of the noise standard will occur if the noise level at the property line exceeds:

1. The noise limit for a cumulative period of more than 30 minutes in any hour, or;

2. The noise limit plus 5dBA for a cumulative period of more than one minute in any hour, or the noise limit plus 20dBA for any period of time.

4.8.12.F. Mining Setbacks

Unless otherwise provided as a condition to the Use Permit, mining areas shall be set back from property lines, public streets, and sewage disposal systems as follows:

1. Periphery of Mining Site

A 25-foot minimum setback from the property line is required, the first five feet of which shall consist of undisturbed land.

2. Periphery of Mining Site Adjacent to Habitable Structures and/or Potentially Incompatible Uses

A 25-foot minimum setback from the property line is required, the first 10 feet of which shall consist of undisturbed land. For habitable structures existing at the time of mining Use Permit issuance (including habitable structures primarily used as a residence on a non-residentially zoned property) a minimum of 50 feet of unmined land between the structure and mining activity is required. The distance from habitable structures is to be measured from the edge of a primary residence or residential accessory dwelling, whichever is closer to the property line. The distance is not to be measured from ancillary structures such as pools, decks, and patios.

Setbacks, as applied to this subsection only, are defined as follows:

• Total Setback – This distance from the residence to edge of the pit at reclamation. Typically, the total setback will include both residential and mining land.

• Unmined Setback – The distance on mining property that is to remain unmined. The minimum unmined setback is 10 feet and the maximum required setback is 50 feet.

• Reclaimed Setback – The distance on mining property that may be mined, but must be returned to the original grade at reclamation. It may range from zero up to 15 feet.

Diagrammatic Definition of Setback Components

• a. If the habitable structure is 80 feet or greater from the mining property line, then the unmined setback at reclamation shall be no less than 10 feet on the mining property, and the reclaimed setback shall be no less than 15 feet on mining property (see Section 4.8.12.F, subsection 2).

• b. If the habitable structure is between 80 feet and 40 feet from the mining property, then the setback standards of Table 4.2 shall apply. In no case will the total setback be less than 90 feet.

Table 4.2 Setback Standards, Habitable Structures Between 80 Feet and 40 Feet from Property Line

• c. If the habitable structure is less than 40 feet from the mining property line, then the unmined setback at reclamation shall be no less than 50 feet on the mining property. The reclaimed setback may be zero.

3. Mining Sites Adjoining Public Streets

A 25-foot minimum setback from all public streets consisting entirely of unmined land is required.

For right of ways with PUPFs, there shall be a 31-foot minimum setback from all public streets consisting entirely of unmined land.

4. Mined Setback Areas

Setback areas consisting of mined land shall be reclaimed to original grade within one year or less of completion of mining.

5. Setbacks from Individual Sewage Disposal Systems

In the event there are individual sewage disposal systems near or within the mining site, the mining setbacks shall conform to the provisions of the County Code, Chapter 6.32, Sanitary Sewage Systems,

and the rules and regulations adopted pursuant thereto, and shall be subject to the approval of the Sacramento County Environmental Management Department and the Regional Water Quality Control Board. Approval of these agencies must be obtained on the minimum mining setback before a work authorization permit can be obtained. The Planning Commission or the Board of Supervisors may consider the setback information on plates one and two that are part of the Section and other relevant information in establishing setbacks from the mined areas. If setbacks are established that exceed the setbacks prescribed in this Section, the Board of Supervisors shall specify in writing the reasons for requiring the additional setback and the setbacks shall become conditions of the Use Permit.

4.8.12.G. Standards for Backfilling, Regrading, Slope Stability and Recontouring

1. Slope Stability

Final reclaimed fill slopes, including permanent piles or dumps of mine waste rock and overburden, shall not exceed 2:1 (horizontal to vertical) for the purpose of maintaining slope stability, except when site specific geologic and engineering analysis demonstrate that the proposed final slope will have a minimum slope stability factor of safety that is suitable for the proposed end use, and when the proposed final slope can be successfully revegetated.

2. Slope Compatibility

At closure, all fill slopes, including permanent piles of mine waste and overburden, shall conform to the surrounding topography and/or approved end use.

3. Final Use

Cut slopes, including final highwalls and quarry faces, shall have a minimum slope stability factor of safety that is suitable for the proposed end use and conform to the surrounding topography and/or approved end use.

4.8.12.H. Road Repairs

The operator shall repair any damage caused by its hauling operations to structural paving material along the project site roadway segments upon which loaded trucks are routed.

In addition to the regulations set forth in Section 4.8.11, applicants seeking approval for hardrock mining operations must also satisfy the following:

4.8.13.A. Cal OSHA Compliance

Demonstrate that measures are in place to achieve compliance with California Office of Safety Hazard Administration (Cal OSHA) regulations as well as other applicable State regulations regarding the handling and reporting requirements for use of explosives during mining operations.

4.8.13.B. Setbacks

Demonstrate the adequacy of mining setbacks and/or mitigation measures to address noise, fly rock, vibration, and aesthetic concerns for the mine site. The operator is required to make a showing that sufficient buffer lands and/or other mitigation measures have been incorporated into the project to address these matters.

The Development Guidelines provide guidance intended to achieve goals to minimize mining impacts to sensitive uses in specific circumstances. The guidelines provide a basis for formation of Use Permit conditions or for directing the approval process.

Not all guidelines will apply to all projects. Each set is defined by a specific circumstance which is followed by a goal statement. The guidelines offer options which may be selected by decision-makers for achieving that goal. In some circumstances a goal may be better achieved through other approaches tailored to the specific situation.

4.8.14.A. Guidelines for Mining Sites Adjacent to Habitable Structures and/or Potentially Incompatible Uses

Goal: Provide improved protection for sensitive uses from the impacts of nearby mining operations and accommodate potential future urbanization where appropriate.

1. Slopes

Where mining and residential property are adjacent, or in mine locations inside the County Urban Service Boundary, the reclaimed slope should be no steeper than 3:1.

2. Haul Roads

Haul roads should be at least 25 feet away from residential property lines.

3. Stockpiles

No stockpiled soil or material should be placed closer than 25 feet from a property boundary or other required setback, unless the property boundary abuts a mining use. This shall be measured

from the toe of the stockpile.

4. Facilities and Stationary Equipment

No stationary aggregate processing equipment or facilities, such as grisleys and pit feeders but excepting conveyors, should be located within 200 feet of any habitable structure.

5. Noise Barriers

The operators should provide noise barriers consisting of eight-foot high earthen berms or temporary portable barriers installed and moved along property boundaries as mining progresses. The noise barriers should be maintained in place at least until sufficient pit excavation has occurred to block the line of site between nearby residences and mining activities.

6. Scenic and Visual Presentation

Use a temporary sound wall for noise and chain link fence for safety, instead of perimeter planting. Once sites are reclaimed, provide residents the option to remove and replace chain link fencing with lighter cattle fencing at the aggregate producer’s expense.

7. Loading Points

Loading points should be located to minimize noise and ground vibration. Loading points should not be located closer than 50 feet to any residential property line, unless otherwise conditionally permitted.

8. Good Neighbor Policy/Notification of Mining Activities

In a good faith effort to facilitate communication between aggregate producers and nearby properties containing habitable structures, the mining operator should notify residential property owners located within 800 feet of anticipated mining activities. Notification should be given three months prior to the anticipated, initial start-up of mining activities. The aggregate producer should thereafter keep residents informed of all major operational changes.

ggregate producers and nearby properties containing habitable structures, the mining operator should notify residential property owners located within 800 feet of anticipated mining activities. Notification should be given three months prior to the anticipated, initial start-up of mining activities. The aggregate producer should thereafter keep residents informed of all major operational changes.

4.8.14.B. Guidelines for Mining Operations Abutting County Roads

Goal: Minimize the impacts to County roads from the impacts of abutting aggregate mining operations.

1. Limitations on Truck Routes

Coordinate with Sacramento County Department of Transportation on appropriate signage for prohibiting truck traffic when a collector is not to be used for truck traffic.

2. Minimization of Dirt/Gravel from Trucks onto Roadways

A paved surface, gravel surface or mud trap (series of metal bars or grating with space underneath to accumulate material) may be required at distances of not less than 100 feet from a right-of-way line without PUPFs into the area of operation in order to minimize the deposit of dirt and gravel from trucks onto the public highway. During hauling operations, any spillage of materials onto public roads should be promptly and completely removed by the operator.

4.8.14.C. Guideline for Two-Lane Street with Mining on One Side and a Residence on the Other

Goal: Minimize visual impacts to residential uses across a two-lane street from aggregate mining operations.

The operator should maintain a 25-foot landscaped setback from the ultimate right-of-way line without PUPFs and a 31-foot landscaped setback for the ultimate right-of-way line with PUPFs. The aggregate producer should install and maintain landscaping throughout the permitted operation. Ultimately, once the mining site is reclaimed, the owner of the land should be responsible for maintenance of the landscaped setback. Alternatively, if the landscaping is acceptable, upon completion of mining, the landscape strip may be dedicated to a Lighting and Landscape District.

4.8.14.D. Guidelines for Processing Plants in the Proximity of Residential Properties

Goal: Minimize visual and noise impacts to residential uses in the proximity of aggregate processing plants.

1. Processing Plants abutting residentially zoned properties should only be considered after finding that there is no other feasible alternative location or method of transporting the materials to other plants.

2. Soundwalls for Processing Plants

   • The operator should construct an earthen berm or soundwall or combination berm/soundwall of not less than 8 feet in height early in the stripping phase along adjacent residential/mining property lines within 1,200 feet of the processing plant to break the line of site of loaders and crushers at the processing plant from any sensitive off-site receptor.

3. Plant Elevations

The operator should consider lowering processing plant elevations to not less than 15 feet below existing grade if natural topography does not mitigate visual impacts sufficiently and when alternative methods for mitigating visual impacts are not feasible, or when noise impacts cannot meet Code standards.

4. Noise Conformance

After processing plant start-up, the operator should conduct a noise investigation of the plant to determine what adjustments, if any, must be made to comply with Section 4.8.11.F. If noise readings taken during initial plant start-up indicate that processing activities exceed noise standards, additional noise measures or plant adjustments shall be made to ensure that noise standards are met.

4.8.14.E. Guidelines for Fencing and Landscaping in Rural Areas

Goal: Allow flexibility in landscaping and fencing standards, as appropriate, in rural areas.

In remote areas, it is not always necessary to construct fencing or landscaping. Alternative fencing, e.g. three-strand barbed wire fencing, may be appropriate in some cases. In rural areas, landscaping should be installed exterior to berms or chain link fencing to provide the least “industrial” appearance and the highest compatibility with neighboring uses. Chain link fencing may be placed in front of landscaping and berms to protect landscaping and watering systems from theft. However, the types of shrubbery chosen must be capable of eventually obscuring the fencing by growing through and around it.

4.8.14.F. Planting Guidelines

Goal: Successfully establish effective and timely visual barriers when required.

1. Planting Schedule

To maximize its effectiveness during mining phases, required landscaping should be planted as soon as possible after final project approval, to the extent allowed by the approved mining plan. To provide a reasonable means of securing the use and enjoyment of nearby properties and roadways, plantings along all areas adjacent to neighboring properties or roadways should occur at one time.

2. Fencing with Slats

Fencing with slats should only be used when complete blockage of the view into the site is needed and if there is no other reasonable alternative such as vegetation or other solid fencing types.

3. Planting Intervals

Trees and shrubs should be placed to mimic a natural distribution and spaced to allow partial viewing of the pit.

4. Planning Types

Native plantings are encouraged; however, non-native plants that are preferred by nearby residents may be used.

5. Irrigation

Plantings should be irrigated with trenching or with individual bubblers on an automatic irrigation system.

6. Inspections

Plantings should be inspected yearly for the first five years after installation to ensure compliance with the Landscape Maintenance Plan. After the first five years, inspections should take place every other year.

4.8.14.G. Guidelines for Berms

Goal: Create visually pleasing berms, when berms are required.

To the extent possible, earthen berms should meander and be contoured to reflect a more natural pattern with variations in width, height, and direction.

4.8.14.H. Guidelines for Suppressing Dust

Goal: Minimize impacts of dust to surrounding residential and agricultural uses.

1. Overburden Stockpiles

• a. Should be treated with appropriate dust suppressants, watered regularly, or otherwise treated to minimize wind erosion.

• b. Every effort should be made to remove overburden during the period of the year when surface soils are moist. If overburden is removed when surface soils are dry, water-spraying equipment should be used to cut dust emission. Water-spraying equipment should likewise be used, as needed, when removing aggregate.

• c. Seeding of stockpiled overburden and exposed soils is required at the next appropriate planting time unless the site is excavated within six months of overburden removal, or if site has been partially excavated, but is to remain dormant for a period of more than one year. Saleable aggregate products produced by the processing plant are exempt from this provision.

2. Unpaved Haul Roads

Unpaved haul roads should be regularly treated with appropriate dust suppressants (e.g. water or chemical dust palliatives). The frequency of application should vary according to the weather and moisture level of the soils on the site, but should be frequent enough to avoid visible dust plumes.

4.8.14.I. Guidelines for Development of Ancillary Uses

Goal: Minimize the impacts of ancillary uses by providing appropriate regulation as needed.

Consider application of the Industrial Development Standards (Section 5.6) when evaluating proposed ancillary uses.

Application Data for Clay, Lignite, Borrow Sites and Related Mineral Mining Operations

In addition to the application data for Conditional Use Permits set forth in Section 6.4.3, the applicant for a Conditional Use Permit for clay, lignite, borrow sites and related minerals mining when the mining site is located in Permanent Agricultural or Industrial Extensive land use categories on the Sacramento County General Plan shall submit as part of the application the data required by Section 4.8.15A through 4.8.15.E. When the mining site is located in any land use category on the General Plan other than the Permanent Agricultural or Industrial Extensive, the applicant shall submit as part of the application the data required by Sections 4.8.11.D, E, F and G and Sections 4.8.15.A through 4.8.15.E.

4.8.15.A. Mining Plan

The applicant shall submit a mining plan which shall:

1. Show the proposed area of excavation.

2. Show the anticipated phased progression of mining.

3. Show the location of inventory piles and overburden piles.

4. Show the fate of overburden following removal, such as disposal, sale, storage for other use or other disposition.

5. Show the estimated surface areas disturbed annually and days of annual production. Show the anticipated pit side slopes and end slopes.

4.8.15.B. Reclamation Plan

The applicant shall submit a reclamation plan which shall:

1. Show land uses for which the site, after reclamation, is adaptable. If storage of water is indicated, the pit shall be justified as a water storage site only if it is demonstrated to be a collector of substantial runoff and the ultimate use of stored water is demonstrated.

2. Show present and future topography of site after reclamation, showing degree of slopes of remaining excavations, contours, and disposal of drainage.

3. Show management of mined and unminable portions of deposit.

4. Show at least an annual inspection schedule and a report schedule in five-year intervals. The report shall show five-year increments in: changes to original grade, existing grade, and final topography expected with reclamation details to date of report. Each five-year report shall indicate progress made and deviations required in reclamation of the property that has occurred since filing of the previous report.

4.8.15.C. Soil, Geologic, and Hydrologic Data

The applicant shall provide the following data:

1. A topographic contour map with at least 10-foot intervals of the existing terrain and the terrain following reclamation.

2. Anticipated dimensions of the disturbed area and average depth of both overburden and the resource materials.

3. A summary of sampling data on soil, geologic and hydrologic characteristics and other preexisting studies of the site prepared for the project proponent or other relevant reports which the proponent may be aware. The Environmental Coordinator may require a full report if necessary to prepare an environmental document.

4. A description of drainage course alterations and or diversions.

5. If applicable, source of water, purpose and rate of water use, and description of disposal methods or treatment of any water to be used. If groundwater is to be used, the proponent shall provide identification numbers of any wells on the project site.

6. A drainage design for runoff and flood control for approval by the Water Resources Department.

7. The location of all individual sewage disposal systems within 300 feet of the proposed mining area.

4.8.15.D. Fencing and Posting

The applicant shall show the locations of all fences and signs warning of the aggregate mining operations. Trespass signs shall be posted at reasonable access points. Signs shall be kept in good repair.

4.8.15.E. Air Pollution Control

The application shall describe methods to be used in:

1. Dust control on roads and other graded surfaces on the subject property.

2. Removal of dust and spillage from off-site public streets or roads used by trucks from the subject property.

3. Control of dust emanating from mined areas and inventory piles.

Operating Standards for Clay, Lignite, Borrow Sites and Related Mineral Mining Operations

All clay, lignite, borrow sites, and related materials mining shall be subject to the requirements set forth in this Section. This Section is not intended to replace or otherwise limit in any manner other County regulations or to preclude the imposition of reasonable use permit conditions as authorized in Section 6.4.3.

4.8.16.A. Mining Setbacks

Mining setbacks of the minable area from property lines shall be as follows:

1. Mining may take place no closer than five feet from a property line not adjacent to a public street right-of-way. The Board may waive this requirement if:

   • a. Evidence is provided by the applicant that the setback can be reduced by engineering design, or;

   • b. The neighboring property owners consent to the request.

2. Mining shall be setback 50 feet from all public street rights-of-way. The setback may be reduced if evidence is provided by the applicant to the Planning Commission to the effect that the setback is not necessary.

4.8.16.B. Fences

Unless otherwise provided by condition of the Use Permit or a deviation is approved, the applicant shall:

1. Contain fences to the ground so as to prevent any opening between the fence and ground surface from exceeding four inches.

2. Maintain gates to fence height at all vehicular and pedestrian entrances.

3. Keep fences in good repair.

4. Post trespass signs on the fences at reasonable access points. Signs shall be kept in good repair.

4.8.16.C. Reclaimed Site

All clay, lignite, and related materials mining sites shall be reclaimed after completion of mining operations consistent with the approved Reclamation Plan. The site shall be left with safe slopes no steeper than 1:1. Slopes closer to horizontal may be required as a condition of the Use Permit. The slopes shall be revegetated where necessary for soil stabilization. The site shall be free of derelict machinery, scrap and unnatural waste materials.

4.8.16.D. Term of Conditional Use Permit

Any Conditional Use Permit granted for clay, lignite and related material mining shall have a term of not less than 10 years. Permits may thereafter be renewed for up to three successive five-year periods by the Board of Supervisors if the mining operation is being conducted in conformance with the provisions of the Conditional Use Permit and applicable Federal, State and County regulations.

4.8.16.E. Registration of Mines under Ordinance 1163

Clay, lignite and other mines registered pursuant to Ordinance No. 1163 of the County of Sacramento are deemed to have a vested right to continue operation of the registered mines. The registration under Ordinance No. 1163 does not exempt the mine or the operator thereof from the requirements of the Surface Mining and Reclamation Act of 1975, Division 2, Chapter 9 of the CA PRC.