8107-9.8 - Agricultural mining site.

No permit for an Agricultural Mining Site shall be approved unless all of the following applicable standards have been met.

8107-9.8.1 - It has been determined by the County, in conjunction with the State Mining and Geology Board, that the Agricultural Mining Site is exempt from the requirements of the Surface Mining and Reclamation Act pursuant to PRC § 2714(f), or a reclamation plan and financial assurances must be approved pursuant to Sec. 8107-9 et seq.

8107-9.8.2 - Signed waivers, on forms provided by the County, from the applicable property owners/residents, as determined by the Planning Director, pursuant to Sec. 8111-1.1.2 have been provided.

8107-9.8.3 - There is an approved Grading permit or Hillside Erosion Control plan for the project, if required. 8107-9.8.4 - The area or areas in question have an average existing slope of less than 20 percent. 8107-9.8.5 - The amount of material exported from the site is in keeping with good engineering practices as determined by the County Public Works Agency.

8107-9.8.6 - The permittee shall provide the Planning Director with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means 24 hours a day.

8107-9.8.7 - The amount of material to be removed does not exceed 40,000 cubic yards of earthen material.

8107-9.8.8 - The proposed project is the only such agricultural mining site that may be approved on the subject legal lot.

8107-9.8.9 - There shall be no more than 50 one-way truck trips per operating day. Any haul truck arriving at the site shall count as one (1) one-way vehicle trip and any haul truck departing the site shall count as one (1) one-way vehicle trip (i.e., one (1) round-trip equals two (2) one-way trips).

8107-9.8.10 - The project shall cease after one year from the date the permit is issued.

8107-9.8.11 - Truck hauling shall be limited to six days per week, excluding Sundays, and shall occur only between the hours of 9:00 a.m. to 3:00 p.m.

8107-9.8.12 - All trucks leaving the site must be constructed, covered, or loaded to prevent any of its contents from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle onto a private or public roadway.

8107-9.8.13 - Material shall not be stockpiled on or hauled through or within 100 feet of areas such as wetlands, riparian habitat or other environmentally sensitive areas.

8107-9.8.14 - The permittee has a program that demonstrates to the satisfaction of the Planning Director that the following factors have been adequately addressed:

a.

Excavated material shall be relocated to a lawful site;

b.

The haul routes do not conflict with school bus routes/schedules;

c.

Traffic controls exist to promote the safe ingress and egress of vehicles to and from the site through such means as signs, flagmen, notices to property owners, etc.;

d.

Dust shall be controlled to a degree comparable with agricultural operations in the area through such means as watering the work site;

e.

Erosion of the site shall not occur;

f.

Siltation of streams and adjacent property shall not occur.

81079.8.15 - Removal of material is integral to conduct agricultural operations, and is beneficial for the development or enhancement of a bone fide farming operation on the site, as determined by the Planning Director, in consultation with County agricultural authorities (i.e., Agricultural Commissioner's Office, Farm Advisor, etc.). In making this determination the Planning Director shall use the following guidelines among others, where applicable:

a.

An agronomic report by a qualified soil expert certifies that the proposed removal of material will enhance the agricultural productivity of the site and may be required if determined necessary by the Planning Director.

b.

The topsoil at the site is being preserved.

c.

The depth of material excavated does not exceed the minimum depth required to create a suitable soil zone for the intended crops/trees.

d.

A farm plan that includes such details as: the crops/trees to be grown at the site, irrigation plans, long term water availability for the intended crops/trees, and an implementation schedule.