Sutter County |
Code of Ordinances |
Appendix 200. BUSINESS REGULATIONS AND LICENSING |
Chapter 290. SURFACE MINING AND RECLAMATION CODE |
§ 290-060. CONDITIONS OF APPROVAL
In addition to other conditions as may be required by the Commission, the following conditions shall be met for all mining and exploration activity:
(a)
Final elevations within 25 feet of any property boundary shall be sufficient to give adequate lateral support to the adjoining property.
(b)
The first 100 feet of access road(s) on the property intersecting with a publicly maintained road shall be paved. The paving shall commence at the edge of pavement within the public right-of-way. An encroachment permit shall be obtained from the Development Services Department for any work to be completed within the public right-of-way. Traffic control and warning signs shall be installed, if required, at such intersection. The placement, size and wording of these signs shall be approved by the agency responsible for the maintenance of the public road.
(c)
Storm water and erosion control facilities shall be constructed and maintained to prevent erosion of disturbed and undisturbed areas and overburden waste piles, to prevent the deposition of sand, silt or other materials in a natural water courses and to maintain water quality. Prior to the construction of settling ponds, slurry ponds, water reservoirs, or storm drainage facilities, final plans based on design by a registered civil engineer shall be approved by the Development Services Department.
(d)
Exterior lighting shall be shielded to prevent intrusive glare on the public right-of-way or adjacent properties.
(e)
The application shall show the location of all fences and signs warning of mining operations. Unless otherwise provided by conditions of the Permit, fences shall:
(1)
Be adequate for the location and type of operations.
(2)
Be gated to fence height at all vehicular and pedestrian entrances.
(3)
Be kept in good repair.
Trespass signs shall be posted on the fences at not less than 300 foot intervals advising of the mining operation and warning against trespass. Signs shall be kept in good repair.
(f)
The removal of vegetation and overburden in advance of a County approved surface mining plan, a County approved reclamation plan, and the posting of a County approved financial assurance is prohibited. Stockpiles of overburden and minerals shall be managed to minimize water and wind erosion. Erosion control facilities such as retention basins, settling ponds, ditches, diking, and streambank stabilization shall be constructed and maintained where necessary to control erosion.
Settling ponds or basins shall be constructed downstream from areas of potential erosion at operations where they will provide a significant benefit to water quality. Temporary stream or watershed diversion shall be restored in final reclamation wherever practical. At sites where groundwater recharge is a significant consideration, operations shall be conducted to prevent siltation of recharge areas.
(g)
Permanent piles or dumps of overburden and waste rock shall be stable, shall not restrict natural drainage and, where reasonable choices exist, shall be located in the least visible locations. Upon mine closure, all equipment shall be removed. Toxic materials shall be removed or protected to reduce leaching to allowable levels in accordance with appropriate State and Federal standards.
(h)
Whenever slopes approach the critical stability gradient as determined by the Development Services Department, an engineering analysis of the slope's stability will be required.
(i)
Any area mined to produce additional materials for backfilling and grading shall be included in the Reclamation Plan. Settlement of filled areas must be considered in all Reclamation Plans. Where the probable ultimate use anticipates roads, building sites, or other improvements sensitive to settlement, the Reclamation Plan shall include compaction of the fill material in conformance with good engineering practices to avoid excessive settlement. Fill placement shall conform to the Uniform Building Code and all applicable County Ordinances.
(j)
Grading and revegetation shall be designed to prevent excessive erosion, to convey surface runoff to natural drainage courses or interior basins designed for water storage and to restore the land surface to an economically viable use with an appearance consistent with the final use and the surrounding properties. Basins that will store water during periods of surface runoff shall be designed to prevent erosion of spillways when these basins have outlet to lower ground.
(k)
When the Reclamation Plan calls for resoiling, coarse hard waste shall be leveled and covered with a layer of finer material or weathered waste. A soil layer shall then be placed on this prepared surface. Surface mines that do not salvage soil during their initial operations shall attempt, where feasible, to upgrade remaining native materials. The use of soil conditioners or imported topsoil shall be considered where revegetation is part of a Reclamation Plan and where such measures appear necessary.
(l)
Before final revegetation is undertaken, the operator shall investigate and make use of the available research on revegetation methods and on the selection of species having good survival characteristics, for the topography, resoiling characteristics, and climate of his area. Native species are recommended wherever practical. Reclamation Plans may also include development of screens and roadside plantings at mines currently in operation where such screens and planting are practicable and desirable.
([1271] Ord. 1585, Sec. 3, May 28, 2013)