Yolo County Municipal Code Art. 5 In-Channel Approval Process

Except as provided for in Section 10-3.502 of this article, all project application documentation shall be submitted to the Director at one time. Three (3) complete copies of the application shall be provided to the County. Applications for proposed in-channel activities shall include, but shall not be limited to, the following:

(a) Completed Flood Hazard Development Permit (FHDP) application forms;

(b) A narrative description of the proposed activity;

(c) Site-specific technical reports requested by the TAC (if not already on file) such as a biological resources analysis and revegetation program; a hydrology analysis; a geotechnical analysis; an engineered material removal plan.

(d) A biological database search (e.g., California Natural Diversity Data Base) shall be completed prior to implementation of projects. The database search shall compile existing information on occurrences of special-status species and areas supporting sensitive natural communities that should be considered for preservation. In addition, the database search shall be supplemented by reconnaissance-level field surveys to confirm the presence or absence of populations of special-status species, location of elderberry shrubs, active bird nests and colonies, and extent of sensitive natural communities along the creek segment. Essential habitat for special-status species and sensitive natural communities shall be protected and enhanced as part of restoration efforts or replaced as part of mitigation plans prepared by a qualified biologist and reviewed by the TAC. Compliance with the Yolo HCP/NCCP will ensure mitigation for activities and species covered under that Plan.

(e) A cultural resources survey of the proposed mining area, in order to evaluate the potential for historic and/or prehistoric artifacts. A survey may not be required if a preliminary investigation from the Northwest Information Center indicates that the likelihood of archaeological resources is low for the proposed site.

(f) A site plan showing property lines, assessor's parcel numbers, on-site and adjoining land uses, topography, access, and vegetation.

(g) A description of the potential effects of the proposed project on hydraulic conditions upstream and downstream of the proposed project site.

(h) A chemical spill prevention and emergency plan (or its equivalent) files and approved by the appropriate lead agency for all long-term projects that involve the use of heavy equipment.

(i) Channel stabilization projects, as opposed to annual channel maintenance activities, may be required to submit refined hydraulic and sediment transport models for specific creek reaches to develop design parameters. The County will make available flow and sediment discharge data, current versions of hydraulic and sediment transport models, and information on channel stability trends in the vicinity of the proposed project. This information shall be used to prepare the application.

(j) An estimate of the financial assurances necessary to implement the proposed reclamation and/or restoration components of the permit, prepared in accordance with Chapter 5, Article 7 of this title and including the following information:

(1) An estimate of the equipment usage and manhours necessary to complete reclamation. Estimates for equipment usage shall be substantiated (e.g., the Caterpillar Performance Handbook or similar reference document) and labor requirements explained;

(2) An estimate of indirect costs, such as supervision, contingency, mobilization, profit, and overhead;

(3) The acreages of each type of area proposed in the site specific plan (e.g., slopes, roads, habitat, etc.), referenced to a site plan; and,

(4) An estimate of the amounts of soil, subsoil, wash sediments, and overburden to be used in reclamation or restoration.

(k) In addition to the foregoing, the Director may require such other and further information relevant to the project as needed to determine whether the proposal may affect the public health and safety, to evaluate the potential environmental effects of the proposal, or for such other good cause as determined by the Director in his or her sole discretion. (as amended by Ord. 1518, eff. February 13, 2020)

The Director may waive any of the items of information required in Section 10-3.501 of this Article, if the following conditions apply:

(a) The gathering of such information is precluded by physical conditions existing on the site on the date of the application; and

(b) The applicant has provided a statement describing the reasons for the delay, including the date by which the information required in the application will be submitted. If granted, the Director shall notify the applicant in writing, specifically describing the information which is being waived and specifying the date by which the applicant shall provide the necessary information. If all other information required pursuant to this chapter has been submitted and the appropriate fees have been paid, then the Director shall receive the application for filing; or

(c) The County or TAC is acting as the applicant; or

(d) The information (or an acceptable equivalent) is already on file. (as amended by Ord. 1518, eff. February 13, 2020)

Applications shall be submitted to the Director no later than May 31st. TAC review and comment, review by the Director, and final action of the FHDP shall occur no later than June 30th. However, the application shall not be processed until the Director has determined it to be complete and the appropriate fees have been paid, as required under Article 8 of this chapter. (as amended by Ord. 1518, eff. February 13, 2020)

The application shall be reviewed by the TAC and Director for consistency with the CCRMP, CCIP, and all applicable terms of the permits issued by other agencies of jurisdiction (see Section 10-3.403).

Once the application has been accepted, the Director shall submit the application package to the TAC for review and recommendation as soon as possible. Pursuant to the CCIP the role of the TAC is to provide scientific and technical review and recommendations. (as amended by Ord. 1518, eff. February 13, 2020)

The Director may approve a FHDP pursuant to this chapter (and Section 8-4.404 of the County Code ) only if all of the following findings are made:

(a) The proposed in-channel activity is consistent with any County-administered general permits from other agencies of jurisdiction (see Section 10-3.403); or alternatively, that all other state and federal permits have been obtained.

(b) Any sand and gravel removed from the channel is a result of the proposed in-channel activity is necessary for one or more of the following reasons:

(i) to maintain flood flow capacity

(ii) to protect existing structures, infrastructure, and/or farmland

(iii) to minimize bank erosion

(iv) to implement the Channel Form Template

(c) The proposed in-channel activity will protect sensitive biological resources.

(d) The proposed in-channel activity is consistent with the requirements of both the CCRMP and the CCIP, and with the requirements of Section 8-4.404 of County Code.

(e) Existing flooding problems are not exacerbated by the proposed in-channel activity. (as amended by Ord. 1518, eff. February 13, 2020)

After considering the application materials and the recommendations of the TAC, Director shall approve, conditionally approve, or deny the application by a written decision setting forth the findings supporting the action. Approval may be granted subject to any relevant condition which the Director may deem necessary to effectuate the purposes of the Act and this chapter. Such conditions may address any or all of the findings required by Section 10-3.505 of this article. If the application is conditionally approved, the conditions shall be specified in writing. Conditions of the permit will require that completed projects be surveyed to provide a record of as-built conditions.

The approved application shall satisfy the requirements for a “site specific plan” under Public Resources Code Section 2715.5(d). (as amended by Ord. 1518, eff. February 13, 2020)

The decision of the Director shall become final within fifteen (15) days, unless appealed. The decision of the Director may be appealed pursuant to Section 8-4.405 of the County Code,