§ 17.88.020. Mining.

A.

The exploration, extraction and processing of minerals, rock, sand, gravel, topsoil or steam for commercial purposes and accessory uses may be allowed; provided, a use permit is issued in each case except that asphalt plants and portland cement concrete plants shall be located only in industrial (I) and mineral resource (MR) districts. The provisions of Chapter 18.04 of this code (Surface Mining and Reclamation Act) shall apply to all mineral extraction activities.

B.

Mining may be permitted in the in-stream or gravel bar areas of a river or creek; provided, a use permit is issued in each case, and the removal of sand and gravel is:

1.

Conducted during a declared civil or hazardous material emergency or natural disaster to relieve or correct potential hazards to the public health, safety or welfare caused by such emergency or disaster; or

2.

For removal of dredger tailings for reclamation purposes only; or

3.

To protect a public structure such as a bridge, when it is determined to be necessary by the public entity responsible for such structure; or

4.

To remove a build up of sand and gravel to maintain the channel capacity and prevent flooding.

C.

For Section 17.88.020B2, B3 and B4, a use permit and reclamation plan for mining of in-stream and gravel bar areas shall be based on a stream management program, prepared by qualified professionals in appropriate disciplines, which includes data and analysis to show that:

1.

The mining or skimming shall not lower the stream bed below the designed optimum engineered channel profile and cross sections;

2.

The mining or skimming shall not cause a drop in the surrounding water table;

3.

There shall be no significant adverse impact on in-stream habitat, riparian habitat, wetlands, or rare, threatened, or endangered species of fish, wildlife or plants;

4.

Salmon and steelhead trout spawning gravel within critically important streams, as identified in Section 17.22.030D, shall be strictly protected. All gravel that is the appropriate size for spawning gravel for salmon and steelhead trout shall be left undisturbed, or removed and returned to the river or stream in a manner approved by the Department of Fish and Game;

5.

There shall be no significant adverse impact on existing structures, including bridges and levees;

6.

There shall be no significant increase in bank erosion, deposition or flooding caused by the extraction activity.

D.

Mining may be permitted in the floodplain area of a river or stream; provided, a use permit is issued in each case, and a plan is prepared by a qualified professional including data and analysis to show that the proposed mining in the floodplain will not alter the course of the adjacent river or stream, will not cause river or stream to flow through the mined area, and will not significantly change the boundaries of the floodplain.

E.

Mining may be permitted in areas of agricultural soils; provided, a use permit is issued in each case, and a plan is submitted by a qualified professional including data and analysis to show that the soil shall be replaced in such a way as to maintain the same or better agricultural qualities and class as existed prior to mining disturbance. Mining in A-cg designated areas is subject to general plan policy AG-g.

F.

An operating term shall be required for each mining use permit. This would set a defined length of time during which mining may occur. Any extensions beyond the permit expiration would require further environmental review and discretionary approval. The term of mining should be balanced so as to allow sufficient time for the operator to amortize investments, without sacrificing regulatory effectiveness. The maximum length of time for which any mining permit may be approved is thirty years.

G.

Discretionary land use permits within one-half mile of an IMR district shall be mitigated, as determined necessary by CEQA review, to prevent conflicts with existing and potential mining operations.

(Ord. 99-5 § 7, 1999: Ord. 93-14 § 1, 1993: prior code § 5.03.010 (A))