§ 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standards shall be applied to instream mining operations and related processing and stockpiling activities unless superseded by new standards adopted by the board of supervisors based on new information and analysis arising from the ongoing instream monitoring activities.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.)