Yolo County Municipal Code Art. 8 Amendments and Modifications to Approved Reclamation Plans

The purpose of this article is to provide procedures for changing the conditions of approval or project description (as described in the application and accompanying analyses) to account for unanticipated changes in the reclamation, site characteristics, regulations, or other aspects of the approved reclamation plan. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Applications for amendments to previously approved reclamation plans shall be submitted to the Director, on forms provided by the Agency, and shall be accompanied by the appropriate fees, as determined in Article 10 of this chapter. Such applications shall be processed pursuant to the procedures set forth in Article 6 of this chapter. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Proposed exceptions to the reclamation standards may not be included as part of any application for a minor modification. Any changes in the conditions of approval or the amount of surface area and/or depth to be disturbed shall also be treated as a substantial deviation from the approved plan. Such changes and exceptions shall be processed as an amendment to the reclamation plan. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

The Director may approve minor modifications of reclamation plans approved by the Commission pursuant to this chapter. Minor modifications may only be approved if it is found that such changes would be consistent with the conclusions of the EIR or other applicable environmental document, and that such changes will not have a significantly adverse effect on the successful achievement of the approved reclamation plan. Such modifications shall be noted on the approved plans and shall be initialed by the Director.

The decision of the Director shall be mailed and posted in accordance with Section 10-5.607 of this chapter. Any minor modification approved by the Director shall become final within fifteen (15) days, unless appealed to the Board, as provided in Article 11 of this chapter. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Anytime that the annual production of a surface mining operation is reduced for a period of one year or more by more than ninety percent (90%) of its maximum annual mineral production within any of the last five (5) years during which an interim management plan has not been approved, then the operator shall submit an interim management plan to provide measures for maintaining the site until normal production is resumed. The interim management plan shall be considered an amendment to the approved reclamation plan, but not just cause to re-examine an approved reclamation plan and/or cause the plan to be subsequently amended. An interim management plan shall not be considered a project within the meaning of CEQA, pursuant to the exemption granted under Section 2770 of the Act. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit an application for an interim management plan to the County. A proposed interim management plan shall be reviewed by the Director within thirty (30) days of receipt to determine whether the application complies with the requirements of this article. If the application is complete, then within ninety (90) days of the receipt of the application, a public hearing shall be held before the Commission to approve or deny the interim management plan in accordance with the procedures set forth in Article 6 of this chapter.

The interim management plan application shall include, at a minimum, the following:

(a) A statement describing why the mining operation is idle, including a description of those conditions necessary to reactivate the operation;

(b) The requested duration of the interim management plan (not to exceed five (5) years);

(c) A description of the measures to be taken to maintain site security;

(d) An analysis prepared by a Registered Civil Engineer describing interim slope angles, slope stability, and erosion control measures to be implemented during the interim period;

(e) A description of the equipment to be retained on the site;

(f) A plan prepared by a qualified biologist describing how revegetation efforts would be maintained in the interim period; and

(g) A plan showing the extent of mined areas, areas where reclamation has not yet been completed, internal haul roads and parking areas, stockpile locations, and equipment storage.

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. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

If the application does not comply with the requirements of this article, then the Director shall notify the applicant in writing, describing any deficiencies in the plan. The applicant shall have thirty (30) days to submit a revised plan correcting the deficiencies noted by the Director. If the revised application is complete, then within sixty (60) days of the receipt of the revised application, a public hearing shall be held before the Commission to approve or deny the interim management plan in accordance with the procedures set forth in Article 6 of this chapter. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

The Director shall submit a copy of the interim management plan to the Department for a forty-five (45) day review period. No interim management plan may be approved until the Department has completed its review. The Director shall prepare a written response to any written comments received from the Department regarding the interim management plan. If applicable, the Director's response shall specifically address, in detail, why any comments or suggestions submitted by the Department were not accepted. The Director shall forward copies of both the Department's comments and the Director's response to the operator. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

The decision of the Commission may be appealed to the Board of Supervisors within fifteen (15) days of the date of the decision, pursuant to Article 11 of this chapter. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Approved interim management plans shall remain in effect for a period not to exceed five (5) years. Prior to the expiration of the interim management plan, the Commission shall take one of the following actions:

(a) Renew the interim management plan for an additional period not to exceed five (5) years, which may be renewed for one additional five (5) year renewal period at the expiration of the first five (5) year renewal period, if the Commission finds that the surface mining operator has complied fully with the interim management plan; or

(b) Require the operator to commence reclamation in accordance with its approved reclamation plan.

The operator shall notify the Director in writing prior to the reactivation of the surface mining operation. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Financial assurances shall remain in effect during the term of the interim management plan and any extensions granted thereto. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Unless the operation has a pending or approved interim management plan, or an appeal of the interim management plan is pending before the Board of Supervisors, any surface mining operation which remains idle for more than one year shall be considered abandoned. All abandoned mining operations shall commence and complete reclamation in accordance with the approved reclamation plan, pursuant to Article 9 of this chapter. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

All applicable conditions of approval shall remain in effect during the interim period. The Commission may impose additional conditions of approval necessary to safeguard the environment and the public health and safety. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Every ten (10) years after a reclamation plan has been approved, the Commission shall hold a public hearing in accordance with Article 5 of this chapter, for the purpose of amending the plan to bring it into conformance with applicable future environmental regulations and statutory changes. The Commission shall evaluate the plan to determine if there have been any subsequently adopted environmental regulations or statutory provisions which should be made applicable to the reclamation plan, even if such laws themselves are not made retroactive to affect the plan. For the purposes of this article, an environmental regulation or statutory provision is one that is promulgated by a responsible or trustee agency that has authority for a particular natural resource (e.g., Yolo-Solano Air Quality Management District, California Department of Fish and Wildlife, California Department of Conservation, Regional Water Quality Control Board, State Lands Commission, State Reclamation Board, etc.), including the County of Yolo.

As a part of this review, the Commission shall also consider whether per-ton fees to which the permit is subject, reasonably reflect actual costs. The fees shall be adjusted up or down accordingly.

Should the Commission decide to incorporate into the reclamation plan new regulatory or statutory provisions that were not available at the time of project approval, said provisions shall be applied as an amendment to the plan and processed in accordance with Article 6 of this chapter. The decision of the Commission may be appealed, in accordance with Article 10 of this chapter. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)