§ 8107-9

The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for mining and accessory uses which will allow for the reasonable use of an important County resource. These regulations shall also ensure that mining activities will be conducted in harmony with the environment and other uses of land within the County and that mineral sites will be appropriately reclaimed.

Unless otherwise indicated herein, the purpose, intent and provisions of Section 8107-9 et seq. shall be and are hereby automatically imposed and made a part of any permit for mining development issued by Ventura or any mining development operation initiated upon Federally owned lands for which it has been determined that no land use permit is required by Ventura County.

Unless otherwise defined herein, or unless the text clearly indicates otherwise, the definition of mining shall be that defined in this Chapter.

No mining-related use may commence without the approval of the appropriate land use permit, reclamation plan, and the approval and depositing of the applicable financial assurances for reclamation required pursuant to this Chapter. Furthermore, a Zoning Clearance must be obtained by the permittee prior to commencing activities authorized by the land use permit, and as it may be modified. The issuance of a land use permit shall not relieve the operator of the responsibility of securing and complying with any other permit which may be required by other County Ordinances, or State or Federal laws. No condition of a land use permit for uses allowed by this Chapter shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules applies, the stricter one shall take precedence.

The general guidelines that follow shall be used in the development of conditions which will help ensure that mining projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible or practicable, unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions, unless the applicant can demonstrate that they are not physically or economically feasible or practicable.

8107-9.5.1 - All mining and reclamation shall be consistent with the County General Plan, the Ventura County Water Management Plan, and the State Surface Mining and Reclamation Act of 1975 (SMARA), as amended, and State policy adopted pursuant to SMARA.

8107-9.5.2 - Mining and accessory uses of less than one year in duration may not be renewed nor shall such uses be allowed to continue operating beyond one year after the inauguration of the land use entitlement. 8107-9.5.3 - No provisions in this Chapter or in the County General Plan shall be construed to encourage any mining operation or facility which would endanger the public's health, safety or welfare, which would endanger private or public facilities or which would prohibit the alleviation of a hazard by hampering or precluding such activities as the maintenance, restoration or construction of public works facilities.

8107-9.5.4 - In general, projects shall be located, designed, operated and reclaimed so as to minimize their adverse impact on the physical and social environment, and on natural resources. o this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts, traffic impacts and other factors of nuisance and annoyance, erosion, and flooding shall be minimized or eliminated through the best accepted mining and reclamation practices, applicable to local conditions, which are consistent with contemporary principles and knowledge of resource management, stormwater quality, groundwater quality and quantity, flood control engineering and flood plain management.

8107-9.5.5 - All surface mining activities shall strike a reasonable balance with other resource priorities such as water, farmland, fish and wildlife and their habitat, groundwater recharge, sediment for replenishment of beaches and the protection of public and private structures and facilities.

8107-9.5.6 - The extraction of aggregate resources in rivers and streams shall allow for the ongoing maintenance of viable riparian ecology by preserving as many natural stream elements as practical. Mining operations may provide for the enhancement of some riparian ecosystems as a mitigation to compensate for significant adverse environmental effects on other riparian ecosystems, thereby preserving the overall quality of the riparian environment.

(Am. Ord. 3900—6/20/89)

8107-9.5.7 - Appropriate and reasonable monitoring and enforcement measures shall be imposed on each mining operation which will ensure that all permit conditions, guidelines and standards of Sec. 107-9 et seq.

are fulfilled.

8107-9.5.8 - Reclamation of a site shall include the removal of equipment and facilities and the restoration of the site so that it is readily adaptable for alternate land uses(s) which is consistent with the approved reclamation plan as well as the existing and proposed uses in the general area. eclamation shall be conducted in phases on an ongoing basis, where feasible.

8107-9.5.9 - All mining and reclamation with direct significant effects on resources within the coastal zone shall consider the effect on coastal zone resources including anadramous fish runs, sand supply, and coastal wetland, stream and marine resources.

8107-9.5.10 - Reclamation shall be considered complete when the standards, specified in the approved reclamation plan, have been successfully completed to the satisfaction of the State Department of Conservation and the County.

8107-9.6 - Mining and reclamation standards.

The following are minimum standards and requirements which shall be applied pursuant to Sec. 8107-9.2.