§ 26A-05-010. Exceptions.

Except as specified in this section, no person shall conduct surface mining operations unless a surface mining use permit, a reclamation plan, and a financial assurance is approved pursuant to this chapter and the Surface Mining and Reclamation Act. Where an activity is granted an exception to surface mining and reclamation regulations, it may still be subject to other federal, state or local regulations, and permit and review requirements.

The provisions of this chapter are not applicable to the following activities:

(a)

Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster;

(b)

Onsite excavation and grading activities which are integral and necessary part of a construction project and are undertaken to prepare a site for construction of structures, landscaping, or other land improvements provided that:

(1)

The construction project is consistent with and permitted by the Sonoma County General Plan and Zoning Ordinance,

(2)

All required permits and approvals required for the construction have been obtained from public agencies, and

(3)

The county or the lead agency has considered the onsite excavation and earthmoving activities in its approval of the construction permit. This exception applies whether or not surplus soil or rock materials are exported from the site, however, the export of surplus materials is exempted only if it occurs after construction work has commenced and is being actively undertaken pursuant to approved permits and ceases upon the conclusion of construction activities;

(c)

The extraction of minerals for commercial or prospecting purposes and/or the removal of overburden where the cumulative total amount of materials removed is less than one thousand (1,000) cubic yards and the excavation site does not exceed one (1) acre in size;

(d)

Operation of a plant to process mineral materials provided that:

(1)

The plant and associated stockpiles, equipment and structures are on a property designated for industrial or commercial uses by the General Plan and Zoning Ordinance,

(2)

There is no onsite extraction of minerals, and

(3)

Any onsite areas disturbed by mining activities after January 1, 1976 have been fully reclaimed pursuant to an approved reclamation plan;

(e)

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations and forest management on land owned by the same entity provided such activities are conducted in compliance with the provisions and restrictions set forth in Section 2714 (j) of SMARA;

(f)

Any other surface mining operations that are categorically exempt pursuant to Sec. 2714 of SMARA or Section 2758 of the Public Resources Code or are otherwise determined to be infrequent and involving only minor surface disturbances by the State Mining and Geology Board or as otherwise exempted by law.

(Ord. No. 5165 § 1, 1999.)