Sec. 26A-09-010. - General standards for mining permit and operations.

In addition to meeting the requirements of the Surface Mining and Reclamation Act (SMARA) and related public resource codes and policy guidelines adopted by the state, each surface mining operation requiring a permit shall be conducted and designed to meet the applicable operational standards set forth in this article and in the Sonoma County aggregate resources management plan (ARM Plan). Conditions may be imposed on mining permits to ensure compliance with state and local codes, standards and guidelines. The standards applying to all types of surface mining are set forth in this article, followed by the standards specific to quarry, instream and terrace mining operations.

(a)

Use permits for surface mining shall not be approved on a parcel if the mining activity is not consistent with the zoning ordinance provisions set forth in Chapter 26 of this code. To be considered consistent with the Zoning Ordinance, the proposed mining sites must be:

(1)

Within a base zoning district where mining is permitted with a use permit; or,

(2)

An area zoned with the "MR" (Mineral Resource) combining district consistent with ARM plan policies. Operations which are recognized as "vested" or legal "nonconforming" under Chapter 26 or 26A shall not require use permit approval as long as they operate within their legal limits.

Rezoning to the "MR" zoning district shall be found consistent with the ARM plan only in the following cases: rezoning for purposes of quarry operations are limited to the "RRD," "DA," and "LEA" base zoning districts; rezoning for purposes of instream operations shall be limited to the "RRD," "DA," "LIA," and "LEA" base zoning districts; rezoning for purposes of terrace mining operations shall be limited to those areas indicated in the "proposed designated terrace mining area" on Figure 7-11 of the ARM plan. Rezoning to the "MR" district restricts residential and other incompatible uses normally allowed by the base zoning district.

(b)

Off Street Parking. Adequate off-street parking shall be provided to accommodate the expected use from employees, customers, and equipment.

(c)

Roads and Traffic. All mining operations shall be conducted in such a manner as to minimize the adverse impacts of aggregate truck traffic on roads, traffic circulation, traffic congestion, and traffic safety. Mining operations shall comply with the following standards:

(1)

Access Roads. All private roads or driveways providing access to a mining site shall be adequately managed to prevent aggregate or other materials being drawn onto the public roads and rights-of-ways. Management techniques may include surfacing approach ways, installing tire grates, avoidance of over-filling and overwatering, covering loads, regular sweeping or washing of roadway and shoulders, and spill clean-up response.

(2)

All surface mining operations permitted pursuant to this chapter shall be required to pay an annual traffic mitigation fee to the Sonoma County department of transportation and public works, pursuant to Chapter 26-98 of this code, to mitigate the traffic and circulation impacts the operation's truck traffic will have on the county road network by paying a fair share of the costs for safety and circulation improvements.

(3)

Encroachment Permit. The construction and/or upgrade of driveways or other alterations within the public right-of-way are required to obtain encroachment permits from the county or Caltrans or have such requirement waived, prior to commencement of activities in the public right-of-way.

(4)

Traffic Signs and Traffic Management Facilities. Traffic warning signs, bicycle lanes, acceleration-deceleration lanes, turning lanes or other traffic management facilities shall be placed by the operator at appropriate locations as determined by either the State Department of Transportation or the Sonoma County department of public works.

(5)

Public Road Maintenance. Where public roads are used to access the mining site, provisions may be required in the mining permit and/or reclamation plan for the upgrading of such roads to a standard capable of accommodating the additional weight of trucks and minimizing traffic hazards. Such provisions, if required, shall meet the approval of either the State Department of Transportation or the Sonoma County department of public works.

(6)

All surface mining operations permitted pursuant to this chapter shall be required to pay an annual road mitigation fee to the Sonoma County department of transportation and public works to mitigate the wear and tear the operation's truck traffic will have on the county roads used as a haul routes by paying a fair share of the maintenance and improvement costs. The amount of the fee shall be determined by the department of transportation and public works on a case-by-case basis.

(7)

All operators shall be required to develop a truck driver education program which includes posting details on preferred haul routes and informing drivers of procedures established to reduce public conflicts. Operators will also be required to monitor driver compliance and respond to complaints about gravel trucks.

(8)

All roads to be used for site access should have sufficient width, shoulders, pavement strength, and other features necessary to adequately mitigate the traffic impacts of proposed operations. Public access roads shall meet the design requirements of the general plan and related standards. Traffic levels on public access roads shall not exceed the acceptable levels identified in the general plan.

(d)

Stormwater Runoff, Flood Control and Water Quality. All operations shall manage earthwork and processing activities in such a manner as to minimize: ponding or accumulation of storm water not necessary for silt control, alterations to the natural drainage system, and siltation of adjacent or downstream watercourses.

(1)

All operations shall incorporate the "best management practices" into the storm water pollution prevention plan required by the RWQCB.

(2)

Operations along stream channels shall obtain the appropriate permits and comply with the requirements of this code, including Ordinance 3836R, the Sonoma County water agency, the Regional Water Quality Control Board, the California Department of Fish and Game (CDFG), the State Lands Commission, and/or the Army Corps of Engineers as applicable. Any of the drainage alterations, ponding or filling activities listed below shall be expressly prohibited unless approved by the applicable agencies before commencing operations.

(i)

Impair or impede or obstruct the natural flow of storm waters, or other water running in a defined channel, natural or man-made, or cause or permit the obstruction of any such channel or easement dedicated for drainage purposes.

(ii)

Deposit any material in such channel.

(iii)

Alter the surface of land so as to reduce the capacity of such channel.

(iv)

Construct, alter, or repair any storm water drainage structure, facility or channel without first obtaining a permit therefore, as herein provided.

(v)

Place any material along the sides of any defined channel or so close to the side of said channel as to cause such material to be carried away by flood waters passing through such channel.

(vi)

Construct any structure within one hundred feet (100′) of the top of any embankment, natural or man-made which defines a channel, except where the flood hazard has been found to be remote in the view of the Sonoma County water agency.

(vii)

Deposit any material, which contains paper, bottles, cans, lumber, garbage, organic matter, or other material which will not readily become an integral part of said channel side.

(viii)

Deposit car bodies, concrete or asphalt construction rubble or any unsightly material on the top or sides of any embankment, natural or manmade which defines a channel.

(e)

Water Quality. In order to avoid and prevent contamination or degradation of surface or ground waters, all operations shall comply with the following standards:

(1)

Any waters discharged from the site to adjacent lands, streams, or bodies of water or to any groundwater body shall meet all applicable water quality standards of the Regional Water Quality Control Board and any other agency with authority over such discharges. Records of any water quality monitoring conducted in conjunction with the requirements of such agency or agencies shall be made available to the director on request. Discharges of sediment laden water to designated on-site settling ponds, desilting basins in or reclamation areas shall not be deemed to be in violation of this part solely on the basis of sediment content;

(2)

Excavations which may penetrate near or into usable water bearing strata shall not subject such groundwater basin or subbasin to pollution or contamination.

(f)

Hazardous Materials. All operations shall manage hazardous materials and hazardous wastes in compliance with the requirements of the Uniform Fire Code, the Uniform Building Code, the county public health department, local fire protection agencies, the Regional Water Quality Control Board, the California EPA and either the Northern Sonoma County air pollution control district or the Bay Area Air Quality Management District as applicable. Hazardous materials and wastes are to be removed from all mining areas within the 100-year flood plain by November 1st of each year. Each mining site where hazardous materials are used or hazardous wastes are stored is required to have a spill prevention and countermeasure plan.

(g)

Erosion and Sedimentation.

(1)

During the period mining operations are being conducted, and prior to final reclamation of mined lands, measures shall be taken to prevent erosion of adjacent lands from waters discharged from the site of mining operations or the offsite discharge of sediment. In addition, the mining operator shall be responsible for, and take whatever steps are necessary to prevent the erosion of lands adjacent to the district boundary into the excavated area. Such measures may include the construction of properly designed retarding basins, settling ponds and other water treatment facilities, ditches, diking and revegetation of slopes. Settling ponds and other water treatment facilities shall be located and managed so that accumulated sediment will not enter any stream or groundwater body unless such discharge is in accordance with the storm water pollution prevention plan (SWPPP) and best management practices (MBP's) approved by the RWQCB pursuant to subsection (d) of this section.

(2)

Sediment basins, settling ponds, ditches, levees, dikes, culverts and other structures as well as erosion control and streambank protection measures shall be sized and designed by a civil engineer in accordance with standards set forth in the most current "flood control design criteria" manual published by the Sonoma County water agency and otherwise in accordance with acceptable engineering practices and any subsequent local, state, or federal regulations or revisions. An erosion and sediment control plan, including supporting calculations and diagrams, shall be prepared by a civil engineer or certified erosion and sediment control specialist and submitted for review with new mining or reclamation applications. Erosion and sediment control plans shall be designed in accordance with the most current "Erosion and Sediment Field Manual" published by the Regional Water Quality Control Board.

(3)

Grades in areas being mined shall be maintained so as to avoid accumulations of water that could serve as breeding areas for mosquitoes or as sites of fish entrapment.

(h)

Operation Information. All operators shall submit, subject to Section 26A-13, annual operation and production information to the county permit and resource management department and the State Department of Conversation on forms provided by the respective agencies. The data form is to be submitted to the county no later than March 1st of each year. The data form is to be submitted to the state by July 1st of each year along with any indicated filing fees.

(i)

Noise Control. The maximum acceptable noise levels for all aggregate operations shall be as set forth in the noise element of the general plan.

More stringent noise standards may be required as permit conditions when particular local circumstances warrant additional protection of potentially affected areas. Any noise control measures prescribed as condition of a permit shall in no manner be interpreted as to preclude the application to the surface mining site of future noise control measures adopted by the county subsequent to the granting of the permit.

(j)

Hours of Operation. Unless otherwise provided by conditions of the permit, the permit granted hereunder shall authorize operations of mining, processing, and related activities as follows:

(1)

Monday through Friday: 6:00 a.m. through 10:00 p.m.;

(2)

Saturday: 6:00 a.m. until 4:30 p.m. Instream operations conducted on Saturdays are limited to processing outside the ordinary high water mark;

(3)

Sundays and national holidays: no mining or processing unless authorized as a condition of the permit;

(4)

Exceptions to these time limitations may be authorized by the director upon written request of the operator in conjunction with special contracts or other circumstances which require unusual hours of operation;

(5)

In the event of emergencies involving catastrophe, or threat to public safety or property, these time limitations shall not apply;

(6)

These time limitations shall not apply to the normal activities relating to maintenance of stationary or mobile equipment and delivery of supplies.

(k)

Fencing, Posting and Security. All operations shall take all reasonable measures necessary to ensure the security of the site, protect the public, and prevent trespassing. The applicant shall show on the plans the location of all fences, signs warning of the mining operations, and other site hazard protection or equipment necessary to provide adequate public protection. Additional hazard protection may be required by the director. Gates, lighting, site patrol or other measures may also be required by the director in order to ensure the security of the mining site and any private access routes thereto. Fencing height, type, and location and the standards for other hazard protection equipment shall also be subject to the approval of the director.

(l)

Sight Regulations. Provisions shall be made where practical for buffering, berming, and visual screening between the operation and an adjacent public street right-of-way, public uses such as schools, parks, golf courses, and other such public uses determined to be visually sensitive by the county. Special provisions for screening may be required for operations in designated scenic areas or within three hundred feet (300′) of a designated scenic corridor. The height and type of such screening shall be set by the permit.

(m)

Slopes and Benches.

(1)

Finished slopes shall conform to the requirements of Section 26A-11-010 (d)(2). In addition, quarries shall be subject to the applicable slope standards set forth in Section 26A-11-040; terrace mining to those slope standards set forth in Section 26A-11-030; instream mining sites to those slope standards set forth in Section 26-11-020 of this chapter.

(2)

Temporary slopes steeper than the finished slopes, in areas where finished slopes are to occur, shall be constructed and maintained in accordance with the recommendations, as approved by the director, of a geotechnical engineer or a civil engineer registered in the state of California or an engineering geologist registered and certified in the state of California. Temporary slopes shall not be created or maintained in a manner that will interfere with the construction of finished slopes conforming to subsection (m)(1) of this section, and the geotechnical engineer, civil engineer or engineering geologist shall make specific recommendations for the conservation of such temporary slopes to finished slopes.

(3)

Benches shall be provided on any working slope with a vertical elevation in excess of forty feet (40′) unless otherwise recommended, as approved by the director, by a geotechnical engineer or civil engineer registered in the state of California or an engineering geologist registered and certified in the state of California. No benches are required for terrace pit slopes below the minimum water level. The bench interval shall not exceed thirty feet (30′) in vertical distance. Benched slopes shall not be created or maintained in a manner which will interfere with the construction of final reclaimed slopes.

(n)

Salvage of Topsoil. Where the reclamation plan requires resoiling of finished grade areas or offsite locations, topsoil shall be separately removed and stockpiled during the excavation phases for later use in reclamation. A protective ground cover shall be established on topsoil stockpiles to retard erosion and runoff during the winter rainy season.

(o)

Air Quality. All operations shall be conducted in accordance with applicable air pollution control standards as amended over time:

(1)

Mining facilities having stationary sources of aggregate materials extraction, and/or processing shall comply with all applicable federal, state, and local requirements governing the review, permitting and emission of air quality contaminants. Where applicable such compliance shall include, but not be limited to, Federal New Source Review (NSR), New Source Performance Standards (NSPS), State Air Toxics Control Measures (ACTMs) and any other such local reviews and permit requirements as determined necessary by either Northern Sonoma County Air Pollution Control District (NSCAPCD) or the Bay Area Air Quality Management District (BAAQMD).

(2)

Dust Suppression. All haul roads, driveways, and activity areas, including equipment, shall be maintained as necessary to minimize the emission of dust. Maintenance shall be conducted as necessary to prevent fugitive dust from becoming a nuisance to adjacent properties. Maintenance procedures may include but are not limited to watering, oiling, paving and/or application of other appropriate dust suppressants.

(p)

Cultural Resources. Whenever there is reason to suspect significant archaeological or paleontological sites within the area proposed for operations, an appropriate survey by qualified professionals shall be required. Site specific protection measures may be required where recommended by a qualified professional after site-specific field studies. The appropriate parties shall be notified if any items of value are identified and the retrieval, review, and preservation measures established by those parties shall be implemented. All operations shall implement the following procedures for identifying and protecting items of archaeological, paleontological, and historical value:

(1)

Concurrent review of each use permit application received by the county for quarry, instream, and terrace activities and reclamation plans, shall be undertaken by both the NWIC and the local Native American community through the Ya-Ka-Ama Indian Educational Center (Ya-Ka-Ama) which should confer with the most likely descendant. Results of this review shall be considered by the county for inclusion as conditions of approval for each use permit. Recommendations may include, but are not limited to additional archival research, field reconnaissance or site inspection, on-site monitoring, resource significance evaluation, and mitigation plan development and implementation. Disposition of cultural resources identified during field inspection or monitoring shall be determined by the appropriate consultant(s). All archaeological and historical consultants will either be certified by the Society of Professional Archaeologists (SOPA), or will meet the federal standards as stated in the Code of Federal Regulations (36 C.F.R. 61), as determined by the aggregate operator.

(2)

Prior to commencing annual aggregate mining of instream, terrace, and quarry sites where there is a possibility of cultural resources being present as identified through review of each use permit application, a cultural resources orientation will be carried out by the operator and shall meet the following minimum criteria: to acquaint project personnel with the nature and importance of cultural resources potentially present; and, set forth procedures for treatment of the resources when they are found. This orientation will include a program developed with input by at least one representative of each of the archaeological, Native American, and historical communities, as appropriate. Orientations to acquaint new employees with the identification and treatment procedures, shall occur as determined necessary through the concurrent NWIC and Ya-Ka-Ama review.

(3)

Upon the discovery of cultural resources during ground clearing, aggregate extraction, or processing activities, company management will be immediately notified and will be responsible for immediately notifying the PRMD who will notify Ya-Ka-Ama and a qualified archaeologist of the discovery. If the discovery occurs during premining ground disturbing activities, then all work will be immediately halted in the vicinity of the find until a qualified archaeologist and a representative of the Native American community, as provided through Ya-Ka-Ama, have been given a reasonable opportunity to evaluate the find and mitigate associated impacts. Discovered cultural resources shall be stored in a protected environment at the work site in order to prevent against vandalism, damage, or theft, until such time as they are examined by an archaeologist and Native American representative, as appropriate. Written accounting on any such find will be provided by the archaeologist and the Native American representative and submitted to the County, NWIC, Ya-Ka-Ama, and the operator.

(4)

All Native American artifacts discovered during aggregate extraction or processing will be turned over to the Native American community through Ya-Ka-Ama which will be responsible for the disposition of these materials. Arrangements for prior archaeological study of such artifacts, which shall include a written report on study findings, will be developed by a qualified archaeologist and Ya-Ka-Ama prior to the final disposition of the discovered materials. These arrangements will include time-frames for archaeological study and mechanisms for the return of the materials to Ya-Ka-Ama.

(5)

If human bone, or bone not clearly not of human origin, is found during ground clearing or aggregate extraction activities, all work must stop in the vicinity of the find and company management will be immediately contacted. Company management will be responsible for contacting the PRMD. The PRMD will be responsible for contacting the county coroner and ensuring that the necessary steps for appropriate treatment of any human remains are carried out as specified in Section 7050.5 of the California Health and Safety Code. No additional work is to take place within the immediate vicinity of the find until appropriate actions have been carried out.

(6)

After permit approval, all actions taken to identify, recover, store, process, curate, or reinter archaeological materials and human remains, shall be overseen by the PRMD. All associated expenses and implementation costs will be born by the aggregate operator or individual permittee. The county will designate one or more PRMD staff contacts to deal with these situations. Cultural resources include Native American Indian ethnographic and spiritual sites and materials; historic archaeological sites and materials; human remains and associated materials; and historic architectural features. Impacts to cultural resources can occur at several different stages of quarry, instream, and terrace mining activities, including pre-mining ground clearing, excavation, loading, hauling, piling, screening, crushing, and mixing of the aggregate resources. In order to avoid impacts, these sensitive resources must first be identified. Through negotiations with local archaeologists, Native Americans, and the PRMD, procedures have been developed to ensure the identification and proper treatment of these resources.

(q)

Night lighting shall be located and designed to minimize off-site glare.

(r)

Compliance with Other Agency and Statutory Requirements. Operators shall obtain any and all permits and approvals required by other agencies having jurisdiction over the mining operations and provide copies to the county. In addition, all aggregate operations shall be conducted in a manner consistent with the applicable requirements imposed by other Federal and State agencies which are charged with enforcing Federal and State laws, including but not limited to: the Federal Endangered Species Act, (FESA), California Endangered Species Act (CESA) and the Federal Clean Water Act (CWA).

(s)

The owners and operators of aggregate mining operations and reclamation plans shall be responsible for complying with the requirements of the State Surface Mining and Reclamation Act, and the Sonoma County ARM Plan, and all applicable chapters of this code including, but not limited to, reimbursement of the operator's fair-share of the county's costs for carrying out the administration, mitigation, and monitoring activities set forth in the ARM Plan.

(t)

Williamson Act Compliance. Mining extraction and processing operations and related uses may be conducted on contracted Williamson Act parcels only where consistent with the Williamson Act or where the Williamson Act contract has been rescinded and replaced with an open space easement or other measures as provided below. In addition, such operations and uses either must have established vested rights or legal nonconforming status pursuant to Chapter 26 or 26A of County Code, or all of the following applicable findings can be made:

(1)

The county determines either:

(i)

Pursuant to Sections 51238.1 and 51238.2 of the Government Code, that the aggregate mining and/or processing operations are compatible with, or otherwise permissible under, the agricultural, recreational, or open space purposes of the Williamson Act contract; or

(ii)

The Williamson Act contract has been properly rescinded and replaced with an open space easement or other appropriate measures have been taken.

(2)

The proposed reclamation is in compliance with reclamation standards specified in Section 2773 of SMARA and Title 14, Division 2, Chapter 8, Subchapter 1, Article 9 of the California Code of Regulations.

(3)

Quarry sites must be reclaimed to an agricultural use as soon as mining has ceased and ancillary uses do not continue beyond the mining.

(4)

Instream operations are limited to extraction and processing and take place only on lands not suitable for agriculture.

(5)

Terrace mining sites are reclaimed to plant crops within three (3) years after the beginning of mining operations or, prior to the commencement of mining, the Williamson Act contract on a terrace mine site is canceled or rescinded and replaced with an open space easement pursuant to Government Code Section 51255 or substantially equivalent measures, such as an agricultural conservation agreement over other land pursuant to Government Code Section 51256.

(6)

The site is rezoned through the "mineral resource" (MR) district.

(u)

County Code. All mining and related operations shall comply with all applicable building and health code regulations and permit requirements unless such activities are provided a codified exemption and the director or their designee determines such activities are exempt.

(v)

Wildlife Habitat Impacts. If valuable wildlife habitat would be affected by a mining operation, avoidance, replacement or other mitigation will be required to reduce habitat impacts to a less-than-significant level.

(Ord. No. 5165 § 1, 1999.)

Sec. 26A-09-020. - Instream mining standards.

In addition to the general mining standards set forth in Section 26A-09-010, the following standards shall be applied to instream mining operations and related processing and stockpiling activities unless superseded by new standards adopted by the board of supervisors based on new information and analysis arising from the ongoing instream monitoring activities.

(a)

Permit Time-Frames. A mining permit for instream operations in a designated area shall be granted for a period not to exceed ten (10) years, at the end of which time it shall expire; provided, however, that no such permit shall be granted for a period of more than five (5) years if there have been significant violations of operating standards by the applicant on the mining site or adjacent mining sites within the past five (5) years. All mining permits for instream operations in designated areas shall be subject to annual adjustment by the director in the amount of materials which can be extracted from the mining site based on data obtained through the monitoring program established by the aggregate resources management plan. A mining permit for instream operations in a designated area may be granted for a period of up to fifteen (15) years if:

(1)

a finding is made that the mining and reclamation plan will result in habitat enhancement benefits or other public benefits above and beyond the operator's reclamation or mitigation obligations, and

(2)

the permit is conditioned to implement an "adaptive management strategy" coupled with extensive annual monitoring and reporting program.

A mining permit for instream operations in a non-designated area shall be granted for a period not to exceed one (1) year, at the end of which time it shall expire; provided however, that no such permit shall be granted which would result in extraction more than once in three (3) calendar years at any mining site.

(b)

Location of Instream Mining.

(1)

Multi-year instream operations are allowed only in "designated" portions of the Russian River, Big Sulphur Creek, Austin Creek, Sonoma Creek, and the Gualala River as shown in Figures 7-1 through 7-8 of the ARM Plan or as later amended. Multi-year instream operations outside of the referenced designated areas shall only be allowed where a vested right has been established pursuant to Article 26A-05 of this chapter.

(2)

Instream mining may only be authorized in the 'non-designated' areas of the above streams and rivers only if the proposed operation qualifies for an exemption pursuant to Section 26A-05-010 of this chapter or provided that the following conditions are met:

(i)

the board has not adopted a moratorium on new permits on the subject stretch of river,

(ii)

the location is in zoning district compatible with the 'MR' district pursuant to Sec. 26A-09-010 (a),

(iii)

the permit authorizations are consistent with the time frames restrictions set forth in Sec. 26A-09-020 (a),

(iv)

adverse environmental impacts are avoided, mitigated or minimized, and

(v)

a finding is made that a significant public benefit will result from the proposed extraction.

(c)

Public Benefit Criteria. For purposes of determining whether a proposed mining operation in a nondesignated area has a public benefit, each finding shall be made on a case-by-case basis by the hearing body after considering the environmental analysis and public testimony on the mining proposal. Public benefits may relate to flood control, bank protection, public water supply, fisheries, recreation, infrastructure, or riparian and aquatic habitat.

(d)

Instream Mining Season. Instream operations are limited to the period from June 1 to November 1, unless an earlier start date is acceptable to the CDFG as specified in the CDFG permit.

(e)

Setbacks. The following setbacks shall apply to the excavation, stockpiling, and processing and retailing activities of instream aggregate operations.

(1)

New processing operations, including crushing, washing, screening, stockpiling, mixing and retailing shall be set back a minimum of two hundred (200) feet from the low flow channel and fifteen (15) feet from ordinary high water. No asphalt or concrete plants are allowed within the ordinary high water area. No new processing operations shall be established within the floodway zone designated by the Federal Emergency Management Agency (FEMA) for the subject river or stream. Stockpiles, processing operations, and ancillary uses located within the one hundred-year floodplain between November 1st and June 1st shall be designed and operated to prevent on-site and off-site damage from floods.

(2)

Notwithstanding paragraph (1) above, limited processing of aggregates may be authorized within the permitted or vested instream bar skimming areas on a temporary basis during the instream mining season subject to the following restrictions:

(i)

In-channel processing shall be limited to operations where there is no other available means of processing or to operations conducted for a single project.

(ii)

All processing on permitted bar areas shall be limited to screening and stockpiling.

(iii)

All equipment is portable or mobile such that it can be completely removed.

(iv)

Screening and incidental stockpiling operations shall not be conducted within two hundred (200) feet of the primary low-flow channel of any perennial or intermittent stream or fifteen (15) feet from the ordinary high water mark or areas of significant riparian vegetation identified for preservation in the permit approval or by the CDFG.

(v)

Screening and incidental temporary stockpiling shall be allowed only during the period when in-channel extraction is permitted (June 1 to November 1 of each year unless a earlier start date and/or end date is acceptable to the CDFG and specified in the CDFG permit) with all equipment and stockpiles removed by November 1 of each year.

(vi)

The processing equipment shall be screened from residences and canoeists to the maximum extent feasible as determined by the director.

(vii)

Screening and stockpiling activities on bar areas within the approved extraction areas shall be subject to director's approval each year based upon the previous year's satisfactory compliance with all mining regulations and all permit conditions.

(3)

Setback and area restrictions for instream operations: All excavation, loading, and grading activities associated with instream mining operations shall comply with the following:

(i)

Equipment shall not be operated in water and excavation shall not be allowed below the water table except as may be necessary to 1) construct stream crossings subject to the requirements of section 26A-09 -020 (I) of this chapter, or 2) carry out habitat enhancement or public benefit work approved pursuant to 26A-09-020 (a) or (c) and authorized by the site-specific permit and reclamation plan approvals.

(ii)

Skimming operations shall be set back from the low-flow channel as may be required by site-specific conditions of approval, the CDFG, or other regulatory agencies with jurisdiction and shall be confined to the lower half of the gravel bar and be prohibited in the upstream bar area.

(iii)

To preserve riparian habitat along the outer banks of the stream channel, gravel removal shall be set back from the toe of the bank or the inner edge of the riparian vegetation along the bank thirty (30) feet or 2.5 times the height of the bank whichever is greater. The edge of the setback shall be measured from the toe of the bank toward the low-flow channel of the river. In addition, where significant stands of riparian vegetation have been identified by the CDFG within the channel, skimming and excavations activities shall leave such areas undisturbed. This setback may be reduced where the gravel removal is associated with habitat enhancement, bank restoration or protection of public infrastructure approved in conjunction with the reclamation plan. Gravel extraction in the undesignated portions of the Russian River shall be subject to the same outer bank setback. Gravel removal on the Russian River and other streams shall not take place within 15 feet from the toe of the outer bank except for a downstream outlet area.

(iv)

These standard set backs may be determined on a site by site basis by the Director or their designee, in consultation with the CDFG.

(v)

All setbacks and permitted and restricted areas shall be graphically shown on exhibits accompanying each instream approval or subsequent adjustments.

(f)

Slope Constraints for Gravel Bar Skimming.

(1)

Instream aggregate extraction will occur through the process of gravel bar skimming. Mining will not be allowed below a two (2) percent minimum cross-section slope measured from the water level at the edge of the flowing stream. Where two (2) or more distinct channels exists on a site, the maximum two (2) percent grade shall be measured from the water level of each channel.

(2)

Where a minimum low water flow is not maintained in a stream or the stream goes dry in some years, the minimum baseline elevation and grades, below which mining is prohibited, shall remain as established in the original mining and/or reclamation plan approval.

For purposes of establishing a minimum baseline and slope on sites where bar skimming is proposed in a year when low water flow is not maintained and the stream goes dry, the minimum levels and grades shall be measured either from the water level on July 1 or from one foot above the thalweg. If the operators elect to measure from the water level on July 1, they will be responsible for a survey tying cross-sections to clearly marked benchmarks or survey controls and recording the water level and flow rate.

(3)

Cuts in gravel bars at property lines or the edge of the mining shall be no steeper than two (2) horizontal to one (1) vertical in slope.

(4)

Final grades for each bar skimming site shall be graphically shown on exhibits accompanying each instream approval and shall serve as the baseline minimum elevation which must be maintained by the bar skimming operation and below which no mining activities shall be allowed.

(5)

Instream bar skimming operations shall not depart from the above slope standards except where authorized by vested right reclamation plans or the adopted ARM Plan policies as amended over time, or as authorized by site-specific permit approvals pursuant to section 26A-09-020 (j).

(g)

Subsequent Mining Contingent on Aggradation. After extraction has taken place on a permitted site for the first time pursuant to a multi-year permit, extraction in subsequent years shall be limited to prevent permanent lowering of the channel bed and thalweg. The permit and resource management department will determine whether any aggradation or degradation has taken place since the initial mining based on data from the required ongoing instream monitoring activities.

Where aggradation is clearly shown to have occurred above the baseline minimum elevation established pursuant to Sec. 26A-09-020(f)(4), additional mining will be allowed under the permit to remove only the amount of gravel deposited following the previous mining. However, further mining will not be allowed in subsequent years anywhere within the immediate mining site if the director determines, based upon consideration of all available monitoring data, that either of the following has occurred:

(1)

there has been significant net river bed degradation below the base elevation over the site or within four hundred (400) feet up or down stream of the site, or

(2)

the channel thalweg measurements show a significant degradation pattern over a period of two (2) or more years, or two (2) or more successive meander wavelengths which cannot be explained by flow levels, channel morphology and river fluctuation alone.

In such cases, mining shall be halted on an interim basis, to the extent necessary, and shall not recommence until the elevation of all affected areas of the channel within the permitted area or four hundred (400) feet up or down stream have recovered and aggradation above the established baseline minimum elevation is evident. The mining plan may be modified prior to recommencement as deemed necessary by the director in consultation with the water agency and/or other qualified professionals to provide greater assurance that compliance with the baseline minimum elevation and any other site-specific performance standards will be attained. Modifications may include but not be limited to adjustments in the final grade slopes, setbacks, permitted areas, and reclamation plan.

(h)

Authorized Activities with the Riparian Setback Zones.

(1)

Separated oversize gravel used for bank armoring shall be placed in a location at or near the ordinary high water mark of the channel in a manner to be specified by the director in consultation with the CDFG.

(2)

Disturbance or removal of vegetation above the ordinary high water mark shall not exceed the minimum necessary to provide access to the mining site along a road no wider than fifteen (15) feet.

(3)

Aquatic and riparian enhancement work and bank stabilization and erosion repair work authorized by site-specific permit approvals.

(i)

Instream Crossings. The installation, maintenance and removal of all stream crossings shall be in compliance with the applicable requirements of the regional water quality control board and the CDFG. All stream crossings shall also comply with the following:

(1)

The installation, maintenance and removal of the stream crossing shall not result in the roiling of water in excess of the requirements of Article II of Chapter 23 of the Sonoma County Code.

(2)

The installation, maintenance, and removal of the stream crossing shall not increase the turbidity of streams and rivers beyond accepted standards of the regional water quality control board or other regulatory agencies as amended over time.

(3)

The stream crossing shall be such that water flow is not impaired and upstream or downstream passage of fish is assured at all times. Bottoms of temporary culverts shall be placed at or below stream channel grade. Culverts used for this purpose shall have no openings smaller than three (3) feet in diameter.

(4)

The stream crossing and ramps shall only be built from material such as naturally occurring courser sands and gravels in the area which will cause little or no siltation.

(5)

The stream crossing shall not be placed before June 1 and shall be removed no later than November 1 of each year unless an earlier start date and/or end date is acceptable to the CDFG and specified in the CDFG permit.

(6)

The director shall be notified at least seven (7) days prior to commencement of the placement or removal of instream crossings.

(7)

On recreational navigable rivers and streams, channel crossings require the use of raised structures so that the bridge span is a minimum of four (4) feet above the water line and at least eight (8) feet wide. All crossings shall be located so they can be readily navigated and to have clear upstream approaches and downstream exits to provide safe boating conditions. Crossings shall be adequately signed upstream to inform boaters and to identify portage options if necessary. Where crossings are required to pass shad, the span shall be at least twenty (20) feet long.

(j)

Departures from Instream Mining Standards. Except as provided below, instream mining proposals shall comply with the instream mining standards set forth in this chapter. The county may approve instream mining operations which depart from methodologies and standards set forth in the ARM plan and this chapter pursuant to Section 26A-09-020(r)), if after a site-specific environmental review pursuant to the California Environmental Quality Act and an public hearing, the modified methods or standards are deemed to be the superior management approach for a particular site.

Instream mining applicants may submit proposals to remove gravel in a manner which departs from the adopted standards only if supplemental site-specific studies, prepared by a qualified expert, are submitted at the time of application as described below. The studies shall, at a minimum, include the following information:

(i)

Assessment of the hydrologic and biotic setting of the proposed project site and river channel within one-quarter mile upstream and downstream of the site ("assessed areas") as to the present conditions relative to low-flow channel form and stability, flood flow capacity, channel degradation or aggradation, and lateral bank erosion, and aquatic and riparian habitat.

(ii)

Identification of all land uses along the river banks within the assessed areas, including wells, bridges, roads, levees, buildings and other public and private facilities and infrastructure, mining operations, and any erosion sites. Identify potential areas for restoring eroded banks, enhancing existing bank stability, or minimizing future bank erosion through bioengineered bank stabilization techniques.

(iii)

Riparian habitat characteristics and quality, including vegetation types, sizes, and locations and potential restoration and enhancement sites within the assessed areas.

(iv)

Fishery habitat characteristics and quality, including pool and riffle assessments and potential restoration and enhancement sites within the assessed areas.

(v)

Recommendations for setbacks, buffers, or other management practices needed to maintain stability of the low-flow channel, maintain or increase the existing flood-flow capacity, and minimize lateral bank erosion within the assessed areas and maintain or enhance residual pool depths.

(vi)

Comparative analysis of the level of environmental mitigation and benefit which would be achieved by the alternate standards and methodologies.

(vii)

To the extent data is available, an analysis of cumulative impacts, if any, arising from the alternate methodologies and standards.

(viii)

A reclamation plan incorporating an enhancement program that includes measures to enhance or restore riparian habitat, stabilize banks, minimize potential for bank erosion and improve aquatic habitat.

(k)

Russian River Gravel Mitigation Fund. All instream operations shall be required to contribute a fair-share amount to the Russian River Gravel Mitigation Fund and/or carry out in-lieu mitigations as set forth in board of supervisor's Resolution 95-0450, adopted April 11, 1995 or later amendments. Notwithstanding the above, operators may propose bank restoration and revegetation or other riparian or aquatic habitat enhancement activities as part of their mining and reclamation proposal at the time of permit approval. The operator's requirement for annual payments to the fund may be waived or reduced by the hearing body at the time of permit approval where such enhancement projects are found to be 'roughly proportional' to the estimated annual fee.

(l)

Approval by Other Agencies. All instream mining operations shall comply with the applicable review, permit and approval requirements of other public agencies with jurisdiction as they may be amended over time. These include, but are not limited to, approval of a streambed alteration agreement with CDFG, a Section 404 permit from the U.S. Army Corps of Engineers, a Clean Water Act Section 401 certification, waiver and/or waste discharge requirements from the regional water quality control board. In addition, approval by the state lands commission must be obtained for stream crossings on sovereign lands and mining on sovereign lands owned by the state. All crossings require approval of a county permit according to the requirements of Ordinance 3836R and a streambed alteration agreement from CDFG.

(m)

Groundwater Monitoring. Where multi-year instream permits are approved or renewed along the Alexander Valley Reach, operators shall be required to monitor groundwater levels as specified in the ARM plan or by site-specific conditions of approval and/or fund the collection and analysis of such data through the Russian River monitoring program.

(n)

Other Streams. The annual amount to be removed from the designated portions of other streams shall be based on the natural gravel replenishment rate for the stream. All permits issued for mining in other streams shall state minimum absolute elevations for extraction as determined by the county.

(o)

Annual Operator Monitoring Requirements.

(1)

Site-specific topographic data: To monitor compliance with the site-specific baseline minimum elevation and final slopes, the stability of, or changes to, the stream channel morphology, and monitor the level of aggradation or degradation occurring on a site, all instream operators shall be required to submit spring topographic cross-section data to the county. Cross-sections shall be prepared at a minimum of every four hundred (400) feet over the mining site and four hundred (400) feet up and down stream. In addition, annual cross-section data shall:

(i)

be collected at bridge locations and at public well fields within 400 feet upstream or downstream of the mining site,

(ii)

be collected by a licensed surveyor,

(iii)

be tied into existing survey control network,

(iv)

be monumented at each end for use in subsequent years,

(v)

extend from top of bank to top of bank, and

(vi)

include underwater areas and thalweg shots.

Spring cross-section survey data shall be collected and submitted prior to July 1 of each year. Data shall be collected and presented in a format acceptable to the county.

Alternatively, spring cross-section survey requirements may be waived or reduced by the director if comparable site-specific topographic data is provided by the Russian River Monitoring Program administered by the county, and the operator pays a fair-share of the monitoring program costs as determined by the county. In addition, the director may exercise such discretion as authorized by the ARM plan or later amendments to increase, reduce, and/or revise the above monitoring requirements to utilize alternate means of data gathering and compliance verification and to respond to the changing data needs of the monitoring and inspection program.

(2)

All instream operations within the Russian River shall annually fund a fair-share, as determined by the county, of the Russian River monitoring program administered by the county pursuant to the ARM plan and Sec. 26A-13-010 of this chapter.

(3)

Additional site-specific monitoring requirements may be required as a condition of a site-specific approval where the hearing body finds such additional monitoring requirements warranted in light of the site-specific environmental review.

(p)

All aggregate operations shall be conducted in a manner consistent with the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA). In those instances where an aggregate mining operation conducted in compliance with the requirements of this chapter is found to result or potentially result in "adverse modification" of the "critical habitat" area of a species listed as 'endangered' or 'threatened' pursuant to FESA or CESA, the standards and conditions set forth in this ordinance, or in permits approved pursuant to it, may be further modified by the director of the permit and resource management department to the extent allowed under section 26A-11-020(q), to assure that the mining activities are conducted in a manner consistent with any federal or state recovery plans or site-specific biological opinions prepared pursuant to the above Acts and do not result in an unauthorized "take" of the species.

(q)

Other Standards. For the mining operations on the Russian River, Austin Creek and the Gualala River, the above standards may be modified by the decision-making body, only where it is demonstrated to the decision-making body, through site-specific environmental or other evidence, that the proposed mining methods and management practices (1) provide a superior management approach for the site and (2) that project design features and mitigations requirements will avoid adverse impacts or reduce them to a level of insignificance, while meeting all other goals, objectives and standards of the ARM Plan.

(r)

Adaptive Management. The director has the authority to halt mining or approve adjustments or modifications to the standards, conditions, mitigation measures or monitoring requirements of the mining and reclamation approvals during the term of the permit provided that:

(1)

Such permit is conditioned to require an adaptive management strategy coupled with an intensive annual monitoring and reporting program,

(2)

after consultation with other regulatory agencies and scientific review consultants, such changes are considered necessary to help ensure that adverse impacts are avoided or minimized and/or performance criteria and project objectives are met during the life of the permit, and

(3)

The modified standards and/or conditions do not:

(i)

expand the area of the project,

(ii)

result in a substantial increase in activities or new activities not previously assessed,

(iii)

intensify or raise new environmental impacts not previously addressed in the environmental review.

(Ord. No. 5909, § VII, 12-7-2010; Ord. 5796, § 2(a), 9-16-2008; Ord. 5511, § 2(a), 9-24-2004; Ord. No. 5165, § 1, 1999.)

Sec. 26A-09-030. - Terrace mining standards.

In addition to the general mining standards set forth in Section 26A-09-010, the following standards shall be applied to terrace mining operations.

(a)

Permit Time Frames for Terrace Mining Operations.

(1)

A mining permit for terrace operations shall be granted for a period not to exceed ten (10) years, at the end of which time it shall expire; provided, however, that any such permit initially granted for more than five (5) years shall expire at the end of five (5) years unless prior thereto the board of supervisors finds that the operation of the reclamation plan is successfully returning the subject property(ies) to productive agriculture, recreation, conservation habitat, or other use as specifically described in the approved reclamation plan.

(2)

All terrace mining activities shall cease within the ten (10) year time frame set forth in the 1994 ARM plan, so that final reclamation of the sites can be completed. No permits shall be issued which authorize mining beyond the ten (10) year time frame. Calculations of the time limits shall be carried out in accordance with the procedures set forth in Section 7.6.1 of the ARM plan. The board of supervisors shall have jurisdiction to hear and decide all disputes regarding the interpretation of this section and shall have the authority to adopt such rules as it deems necessary to implement this section. Notwithstanding the general 10-year time limit requirements listed in this section to complete all terrace mining, up to three (3) years of additional time from date of project approval may be allowed to complete the existing unfinished Phase VI terrace pit pursuant to section 7.6.1 of the ARM plan, subject to obtaining the necessary use permit and reclamation plan approvals. The deadline may be tolled in accordance with Section 26-92-270 of the Sonoma County Code.

(b)

Acreage Restrictions on Terrace Mining. Applications for terrace mining will only be considered for approval if they are located within the designated "mineral resource" areas shown in Figure 7-11 of the ARM plan. The total area excavated pursuant to mining permits approved after adoption of the 1994 ARM plan shall not exceed one hundred (100) acres on each side of the Russian River, two hundred (200) acres in total, nor a yearly total of ten (10) acres on each side of the river. Acreage not mined during any year may be carried over and mined in a subsequent year but not beyond the end of the ten (10) year period. The above restrictions do not apply to or include mining permits approved or vested mining rights recognized by the county prior to adoption of the ARM plan on November 1, 1994.

For the purposes of applying the acreage limits stated above, the area(s) excavated in any year on any site shall be measured at the elevation of the top of groundwater on May 1st of that year and shall consist of the area(s) where the mining has removed all earth materials above that elevation. Required above-water slopes, other mined areas above that elevation, and required marsh and shoal areas at or below that elevation shall not be included in the determination of excavated acreage.

Notwithstanding the general 10-year time limit requirements listed in this section to complete all terrace mining, up to three (3) years of additional time from date of project approval may be allowed to complete the existing unfinished Phase VI terrace pit pursuant to section 7.6.1 of the ARM plan, subject to obtaining the necessary use permit and reclamation plan approvals. The deadline may be tolled in accordance with Section 26-92-270 of the Sonoma County Code.

(c)

Screening and Setbacks. Visual screening of the terrace pits and mining equipment from public roads and uses will be required using shrubs and trees native to the area and berms to the extent feasible. Mining excavation and stockpiles of extracted aggregate are to be set back a minimum of fifty feet (50′) from the MR zone boundary, property boundary, and public roads. Stockpiles are also to be set back a minimum of three hundred feet (300′) from the ordinary high water mark of the river. Screening, crushing, and other processing activities are to be set back a minimum of two hundred feet (200′) from the MR boundary, the property boundary, and public roads and a minimum of three hundred feet (300′) from the ordinary high water mark of the river. Mining excavation shall be set back four hundred fifty feet (450′) from the ordinary high water mark of the river.

(d)

Ancillary Uses. With a use permit, terrace operations may include processing and sales of raw, processed, or recycled earth materials and aggregate products, excluding the manufacture and batching of concrete and asphalt products. Importation of aggregate materials from approved sites under control of the same operator may be allowed with a use permit. No more than ten (10) percent of materials processed or exported from any terrace site in any calendar year, except materials to be recycled, shall be imported from outside the designated terrace mining area.

(e)

Russian River Monitoring Program. Each operation shall annually fund a fair share, as determined by the county, of the Russian River monitoring program administered by the county pursuant to the ARM plan.

(f)

Terrace Mining Below the Groundwater Table. The development and reclamation of terrace pits which involve gravel removal below the top of the groundwater at any time shall conform to the following standards:

(1)

The maximum area of a new pit shall be limited to twenty (20) acres measured at the premining surface;

(2)

The minimum distance between the edge of any new pit and any other new or existing pit shall not be less than four hundred fifty feet (450′), as measured at the pre-mining surface;

(3)

A four hundred fifty foot (450′) buffer shall be maintained between new pits and the Russian River. This setback shall be measured from the edge of pit excavation on the original ground surface to the ordinary high-water mark of the river;

(4)

No deep-pit terrace mining shall take place more than two thousand feet (2,000′) from the ordinary high-water mark of the river;

(5)

Gravel may be extracted to the full depth of the upper gravel deposit, but the blue clay layer or underlying strata may not be mined;

(6)

Deep-pit terrace mining shall not take place on opposite sides of the river at any point where mining sites are directly across from each other;

(7)

Terrace mining operations and reclamation plans which do not meet all of the categorical standards above may not be approved unless it is determined that the proposal would not result in a drop in the water table at any point on adjacent properties of more than one foot. This determination shall be based upon an analysis of potential groundwater impacts using the MODFLOW computer model or similar model of equal or better analytical capability. The analysis shall assume the worst-case combination of existing and planned pit permeability, water extraction by agricultural and municipal wells, and cumulative effects. The four hundred fifty foot (450′) setback from the river specified in subsection (f)(3) of this section cannot be reduced regardless of the results of MODFLOW analysis.

(g)

Handling of Top Soil. Top soil that is removed from the mining area shall be stockpiled and protected for future use. All soils shall be used to reclaim mined sites to crop production, enhance crop production on nearby lands, or otherwise be used in the surface treatment conducted as part of the approved reclamation plan. Each use permit application for terrace mining shall include a soils report and the steps that will be used to remove, store and reuse the soils. The application shall also include a full description of how the physical and nutrient properties of the soil will be maintained and protected until it is returned for productive use.

(h)

Flood Protection and Levees. Stockpiles, processing operations, and ancillary uses located within the 100-year flood plain between November 1st and June 1st shall be designed and operated to prevent on-site and off-site damage from floods. A four hundred fifty foot (450′) setback is required between new terrace pits and the river to minimize the risk of the river channel being diverted into or through the terrace pits in major floods.

(i)

Russian River Gravel Mitigation Fund. All terrace operations shall be required to contribute their fair share to the Russian River Gravel Mitigation Fund or carry out in-lieu mitigations as set forth in board of supervisors Resolution 95-0450, adopted April 11, 1995, or later amendments.

(j)

Groundwater Monitoring. Each operation shall monitor groundwater levels at each terrace pit site and selected monitoring wells in the terrace mining area in the manner and frequency specified in the ARM plan or by site-specific conditions of approval and/or fund the collection and analysis of such data through the Russian River monitoring program.

(Ord. No. 5806 § 1, 2008; Ord. No. 5165 § 1, 1999.)

Sec. 26A-09-040. - Quarry mining standards.

In addition to the general mining standards set forth in Section 26A-09-010, the following standards shall be applied to quarry mining operations.

(a)

A mining permit for quarry operations shall be granted for a period not to exceed twenty (20) years, at the end of which time it shall expire; provided, however, that any such permit shall, upon written request to the county filed prior to its expiration, be reissued for periods not to exceed twenty (20) years if the permittee can establish to the satisfaction of the planning commission, or on appeal to the board of supervisors, that the use has not been conducted in a manner that is:

(1)

Detrimental to the environment beyond impacts anticipated at the time of permit approval; or

(2)

In violation of permit conditions. An application for reissuance shall be processed in the manner provided in Section 26A-07-010.

(b)

Visibility. To the extent feasible, quarry sites shall be screened visually from public roads and uses with topographic features, berms, shrubs and trees native to the area.

(c)

Slope Stability. The maximum allowable working slopes of the mine face shall be approved by a certified engineering geologist or a registered geotechnical engineer and specifically stated in the use permit. Any variation from the slope requirements of section 3502 (b)(3) of the state reclamation guidelines shall be specifically justified in the reclamation plan. Benches in slopes are required every twenty-five (25) to thirty (30) vertical feet for access and drainage control. Working slopes must eventually conform to final reclaimed slopes and topography. Quarries in or near fault zones may be required to incorporate additional geotechnical measures to insure worker and public safety.

(d)

Setbacks. Mining operations, stockpiles, and processing operations are to be set back a minimum of twenty-five feet (25′) from the MR zone boundary, the property boundary, and road easements and rights-of-way, whichever is the most restrictive. The minimum allowed setback for quarry mining operations from stream banks and critical habitat areas designated in the general plan is one hundred feet (100′). A minimum two hundred foot (200′) setback is also required from the boundary of any general plan residential land use designations. Additional setbacks may be required as a result of site specific reviews in order to mitigate environmental impacts and land use conflicts.

(e)

Ancillary Activities. With approval of a use permit, quarry operations may include the manufacture of concrete and asphalt products and the processing and sales of raw, processed or recycled earth materials and aggregate products. Importation of such materials may be included as ancillary uses allowed with the use permit. Existing quarries may import a maximum of twenty-five percent (25%) of the aggregate materials processed or sold in each calendar year without obtaining a new use permit. This limit does not apply to materials brought to quarries for recycling.

(f)

Water Supply. All quarry sites must have adequate water supplies to support the operation. Sites located in Sonoma County Water Availability Zones III and IV will require analysis of the proposed water use, evaluation of the adequacy of the water supply, and mitigation of effects on water resources and nearby water users. Quarry operators may be required to monitor, survey, or report on depth and grades of excavation, groundwater levels, water use, revegetation and other subjects.

(g)

Erosion and Sediment Control. Drainage plans and facilities must minimize slope erosion and off-site sedimentation.

(h)

Use of Explosives. No explosives shall be used except as authorized by the use permit. Blasting activities shall be conducted by a qualified licensed blasting professional in compliance with state blasting regulations. Blasting permits shall be obtained from the Sonoma County sheriff's department. Blasting operations shall be designed to minimize adverse noise and vibration impacts on offsite residential areas. Permits may be conditioned to require notice to immediate neighbors prior to blasting.

(Ord. No. 5165 § 1, 1999.)