Yolo County Municipal Code Art. 4 Agricultural Mining and Reclamation Standards

The general standard for the operation of agricultural surface mines is to ensure the protection of the public health and safety, of the natural environment, and of the productivity of surrounding farm operations. The general standard for agricultural reclamation is to ensure that the agricultural productivity of reclaimed lands either meets or exceeds farm production levels established prior to mining. This article sets forth minimum acceptable mining and reclamation standards to implement these general standards. These minimum acceptable standards shall be considered and discussed in every surface mining permit and reclamation plan approved pursuant to this chapter. In addition, the minimum practices and standards set forth in the Act shall also be considered and discussed in every surface mining permit and reclamation plan approved pursuant to this chapter. These standards shall be followed in addition to any other conditions of approval or regulations imposed on the agricultural surface mining permit or reclamation plan. (§ 2, Ord. 1276, eff. December 6, 2001)

Where an access road is sued by trucks to haul mined material away from the permit mine site, the first one-hundred(100) feet intersecting a County-maintained road shall be surfaced in a manner approved by the Public Works Department, with an approach constructed to County standards. Traffic control and warning signs shall be installed as required by the Public Works Department. (§ 2, Ord. 1276, eff. December 6, 2001)

The operator shall immediately notify the Director of any events such as fires, explosions, spills, land or slope failures, or other conditions at the site that could pose a hazard to life or property. Action shall be immediately undertaken to alleviate the hazard. Upon request by any County agency, the operator shall provide a written report of any such event, within thirty (30) days, which shall include, but not be limited to, a description of the facts of the event, the corrective measures used, and the steps taken to prevent a recurrence of the incident. This condition does not supersede nor replace any requirement of any other governmental entity for reporting incidents.

If required, a copy of the operators’ approved Business Emergency Response Plans and the approved Spill Prevention Control and Countermeasure Plans shall be submitted to the Yolo County Health Department, prior to the commencement of mining. (§ 2, Ord. 1276, eff. December 6, 2001)

Each surface mine shall operate within the limits of the annual production level established in the mining and reclamation plan. Annual production may not exceed the established annual level. (§ 2, Ord. 1276, eff. December 6, 2001)

Each operator shall pay its fair share toward improvements required to maintain Level of Service (LOS) “C” operations on County roads designated as part of the haul route for the mine site. Fair share costs shall also be required to improve existing operational deficiencies of the transportation system. Where necessary, each operator shall participate in a funding program operated by the County designed to ensure that all improvements are made in a timely manner and that a reimbursement mechanism is in place to ensure repayment of any costs contribution in excess of fair share amounts. (§ 2, Ord. 1276, eff. December 6, 2001)

Damaging effects on cultural resources shall be avoided whenever possible. If avoidance is not feasible, the importance of the site shall be evaluated by a qualified professional prior to the commencement of mining operations. If a cultural resource is determined not to be important, both the resource and the effect on it shall be reported to the Agency, and the resource need not be considered further. If avoidance on an important cultural resource is not feasible, a mitigation plan shall be prepared and implemented. The mitigation plan shall explain the importance of the resource, describe the proposed approach to mitigate destruction or damage to the site, and demonstrate how the proposed mitigation would serve the public interest.

If human skeletal remains are encountered during mining, all work within seventy-five (75) feet shall immediately stop, and the County Coroner shall be notified within twenty-four (24) hours. If the remains are of Native American origin, the appropriate Native American community identified by the Native American Heritage Commission shall be contacted, an agreement for treating or disposing of, with appropriate dignity, the remains and associated grave goods shall be developed. If any cultural resources, such as chipped or ground stone, historic debris, building foundations, or paleontological materials are encountered during mining, then all work within seventy-five (75) feet shall immediately stop and the Director shall be notified at once. Any cultural resources found on the site shall be recorded by a qualified archaeologist and the information shall be submitted to the Agency. (§ 2, Ord. 1276, eff. December 6, 2001)

During mining and reclamation operations, grading and revegetation shall minimize erosion and convey storm water runoff from reclaimed mining areas to natural outlets or interior basins. The condition of the land shall allow sufficient drainage to prevent water pockets or undue erosion. Natural and stormwater drainage shall be designed so as to prevent flooding on surrounding properties and County rights-of-way. Appropriate erosion control measures shall be incorporated into all surface water drainage systems. Grading plans shall be reviewed by the County to evaluate compliance with drainage plan objectives prior to project approval. (§ 2, Ord. 1276, eff. December 6, 2001)

The following measures shall be implemented in order to control fugitive dust:

(a) All stockpiled oils shall be enclosed, covered, or adequately watered to keep soil moist at all times. Inactive soil stockpiles should be vegetated or adequately watered to create an erosion-resistant outer crust.

(b) During operating hours, all disturbed soil and unpaved roads shall be adequately watered to keep soil moist.

(c) All disturbed but inactive portions of the site shall either be seeded or watered until vegetation is grown or shall be stabilized using methods such as chemical soil binders, jute netting, or other Yolo-Solano Air Quality Management District approved methods. (§ 2, Ord. 1276, eff. December 6, 2001)

All internal combustion engine driven equipment and vehicles shall be kept tuned according to the manufacturer’s specifications and properly maintained to minimize the leakage of oils and fuel. No vehicles or equipment shall be left idling for a period of longer than ten (10) minutes. Fueling and maintenance activities of heavy equipment are prohibited within one-hundred (100) feet of open bodies of water during mining and reclamation. (§ 2, Ord. 1276, eff. December 6, 2001)

The grading of final slopes, the placement of soil, and associated erosion control measures shall take place prior to November 1 in areas where mining has been completed. To minimize erosion, the finish grading of disturbed slopes shall be performed as soon as practical after mining has been completed. A drought-tolerant, weed-free mix of native and non-native grass species shall be established on slopes prior to November 1 or alternate erosion control (mulch or netting) shall be placed on exposed soil on the slopes prior to this date. Phasing of mining to minimize the length of exposed mining slopes during the rainy season is encouraged. An extension to the November 1 deadline may be granted in writing at the discretion of the Director, weather conditions permitting. (§ 2, Ord. 1276, eff. December 6, 2001)

Where fence row or field margin habitat previously existed, similar habitat shall be reestablished as part of reclamation to replace and improve the wildlife habitat value of agricultural lands. Reestablished fence row habitat shall include, but not be limited to scattered native trees, shrubs, and ground covers along the margins of reclaimed fields. Reestablished habitat can be located in areas other than where it occurred originally. Restoration plans shall specify ultimate fence row or field margin locations, identify planting densities for trees and shrubs, and include provisions for monitoring and maintenance to ensure establishment. (§ 2, Ord. 1276, eff. December 6, 2001)

Reclaimed agricultural surfaces shall be graded to provide adequate field gradients to allow surface/furrow irrigation of crops and allow for adequate storm water drainage. (§ 2, Ord. 1276, eff. December 6, 2001)

The operator shall retain a Licensed Land Surveyor or Registered Civil Engineer to survey any areas reclaimed to agricultural usage after the first two (2) crop seasons have been completed. Any areas where settling has occurred shall be releveled to the field grade specified in the appropriated reclamation plan. (§ 2, Ord. 1276, eff. December 6, 2001)

All lighting shall be arranged and controlled so as not to illuminate public rights-of-way or adjacent properties. (§ 2, Ord. 1276, eff. December 6, 2001)

Once the reclamation plan or any portion thereof has been completed, no further surface mining operations shall be allowed within reclaimed lands, without approval of an amendment to the surface mining permit and reclamation plan. (§ 2, Ord. 1276, eff. December 6, 2001)

From 6:00 a.m. to 6:00 p.m., noise levels shall not exceed an average noise level equivalent (Leq) of eighty (80) decibels (dBA) measured at the property boundaries of the site. Noise levels shall not exceed an average noise level equivalent (Leq) of sixty (60) decibels (dBA) for any nearby off-site residences or other noise-sensitive land uses.

From 6:00 p.m. to 6:00 a.m., noise levels shall not exceed an average noise level equivalent (Leq) of sixty –five (65) decibels (dBA) measured at the property boundaries of the site.

At no time shall noise levels exceed a community noise equivalent (CNEL) of sixty (60) decibels (dBA) for any existing residence or other noise-sensitive land use. An existing residence shall be considered the property line of any residentially zoned area or, in the case of agricultural land, any occupied off-site residential structures. Achieving the noise standards may involve setbacks, the use of quieter equipment adjacent to residences, the construction of landscaped berms between mining activities and residences, or other appropriate measures. (§ 2, Ord. 1276, eff. December 6, 2001)

If mining occurs within fifteen-hundred (1500) feet of residences, equipment used during nighttime activities shall be equipped with non-sonic warning devices consistent with the California Office of Safety Hazard Administration (Cal OSHA) regulations, which may include fencing of the area to avoid pedestrian traffic, adequate lighting of the area, and placing an observer in clear view of the equipment operator to direct backing operations. Prior to commencement of operations without sonic warning devices, operators shall file a variance request with the California OSHA Standards Board showing that the proposed operation would provide equivalent safety to adopted safety procedures, including sonic devices. (§ 2, Ord. 1276, eff. December 6, 2001)

Operational areas and haul roads that are not required for future use of the site shall be ripped, resoiled, and prepared accordingly, to allow for future agricultural usage. (§ 2, Ord. 1276, eff. December 6, 2001)

Operators shall obtain any and all permits and approvals required by other agencies having jurisdiction over the agricultural mining and reclamation operations and shall provide copies to the County prior to commencement of operations. (§ 2, Ord. 1276, eff. December 6, 2001)

All operations shall provide sufficient off-street parking to accommodate customers, employees, and all mining equipment. (§ 2, Ord. 1276, eff. December 6, 2001)

There shall be no permanent piles of mine waste, soil stockpiles, and/or overburden once reclamation has been completed. (§ 2, Ord. 1276, eff. December 6, 2001)

All proposed mining and reclamation plans shall present a phasing plan for mining and reclamation activities. The phasing plan shall be structured to minimize the area of disturbed agricultural lands during each mining phase, and encourage the early completion of the reclamation of agricultural land. (§ 2, Ord. 1276, eff. December 6, 2001)

Site-specific planting plans shall be developed by a qualified biologist where habitat reclamation is proposed. Restoration components of reclamation plans shall include provisions to enhance habitat for special-status species, where feasible. (§ 2, Ord. 1276, eff. December 6, 2001)

The cost of implementing recommendations for repair of land damaged during earthquakes or other natural events while in the process of reclamation shall be met through application of contingency costs provided for by the project’s financial assurances as required by the Act. (§ 2, Ord. 1276, eff. December 6, 2001)

At least one toilet shall be provided for each off-channel mining operation. Chemical toilets shall be properly maintained and serviced regularly. Permanent toilets shall be properly engineered and the design approval by the Yolo County Building Official and the Environmental Health Department prior to installation. All on-site water storage facilities shall be labeled “potable” or “non-potable.” (§ 2, Ord. 1276, eff. December 6, 2001)

All agricultural surface mining operations shall comply with the following setbacks:

(a) Soil and/or material stockpiles shall be located a minimum of five-hundred (500) feet from public rights-of-way, public recreation areas, and off-site residences, unless alternate measures to reduce potential noise, dust and aesthetic impacts are developed and implemented;

(b) If appropriate, mining located within one-thousand (1,000) feet of either public rights-of-way or off-site residences shall be effectively screened fro public view by a fence row buffer or constructed berm. Fence row landscaping plans shall identify planting densities for trees and shrubs, and include provisions for monitoring and maintenance to ensure establishment; and

(c) All agricultural mines shall be set back a minimum of twenty-five (25) feet from riparian vegetation. (§ 2, Ord. 1276, eff. December 6, 2001)

During operations, the site shall be kept free of debris and maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions. All overburden shall be stockpiled and all stumps, brush, or other debris resulting from mining and/or processing shall be properly disposed. (§ 2, Ord. 1276, eff. December 6, 2001)

All banks shall be sloped no steeper than 2:1 (horizontal:vertical). Proposed steeper slopes shall be evaluated by a slope stability study, prepared by a Registered Civil Engineer, registered in the State of California . (§ 2, Ord. 1276, eff. December 6, 2001)

Soil shall be cut in maximum depths in order to minimize traffic and limit compaction. The handling and transportation of soil shall be minimized. All handling of topsoil shall be accomplished when the soil is dry in order to avoid undue compaction. (§ 2, Ord. 1276, eff. December 6, 2001)

Areas reclaimed to agricultural usage shall have all A and B horizon soil ripped to a depth of three (3) feet after every two (2) foot layer of soil is laid down, in order to minimize compaction. (§ 2, Ord. 1276, eff. December 6, 2001)

Topsoil, subsoil, and subgrade materials in stockpiles shall not exceed forty (40) feet in height, with slopes no steeper than 2:1 (horizontal:vertical). Soil stockpiles shall be seeded with a vegetative cover to prevent erosion and leaching. The use of topsoil for purposes other than reclamation shall not be allowed. (§ 2, Ord. 1276, eff. December 6, 2001)

Topsoils classified as prime agricultural land shall be reserved for on-site crop reclamation. If mined areas are not proposed to be reclaimed to crop uses, then such topsoils shall be used to supplement and/or enhance the productivity of other agriculture lands. Topsoils removed from prime agricultural land shall not be used for backfill or other non-agricultural uses. (§ 2, Ord. 1276, eff. December 6, 2001)

Existing vegetation and habitat to be retained shall be enclosed by temporary fencing to restrict access, protect against damage and/or provide buffers to reduce the impact of dust. Temporary fencing shall be a minimum of four (4) feet high. Replacement habitat and plantings shall be established where complete avoidance is not possible, according to a habitat restoration plan prepared by a qualified biologist, consistent with the goals of this plan. (§ 2, Ord. 1276, eff. December 6, 2001)

Existing jurisdictional wetlands shall be retained to the extent possible. Replacement wetlands shall be provided where complete avoidance is not possible according to a habitat restoration plan prepared by a qualified wetland specialist and approved by jurisdictional agencies, ensuring no net loss of wetland acreage or habitat value. (§ 2, Ord. 1276, eff. December 6, 2001)

Disturbance to important wildlife habitat features such as nest areas and essential cover associated with riparian and/or hedgerow areas shall be avoided. This shall include the sensitive siting of activities associated with the mining and reclamation operations away from important wildlife habitat. Such activities may include but shall not be limited to haul roads, soil stockpiles, and equipment storage/operational areas. Essential habitat for special-status species shall be protected and enhanced, or replaced in accordance with a habitat restoration plan prepared by a qualified biologist. (§ 2, Ord. 1276, eff. December 6, 2001)

Where an operator demonstrates to the lead agency that an exception to the standards specified in this Article is necessary, the Commission may approve an alternative standards for inclusion in the approved surface mining permit. Exceptions shall only be approved where the strict application of the agricultural mining and reclamation standards would deprive the operator of privileges enjoyed by other agricultural mining operators in the vicinity, due to special circumstances associated with the subject site, including size, shape, topography, location, or surroundings. Although the Commission may set alternative standards, in no case may the Commission set ay standard that does not meet or exceed the policy objectives set forth in this chapter and the standards contained in the Act. (§ 2, Ord. 1276, eff. December 6, 2001)