§ 26A-11-020. Reclamation of instream mining sites.

In addition to the standards set forth in Section 26A-11-010, reclamation of instream mining sites shall comply with the following:

(a)

After mining has been completed, all bars shall be revegetated through natural reseeding and regrowth processes with native plants in the area. Reclamation plans for instream operations shall describe where and how plantings using shrubs and trees native to the area will supplement the natural revegetation process along banks, on haul roads, and in processing areas.

(b)

The streambed above the low flow channel shall be graded in such a manner that no pools or depressions exist where fish entrapment might occur. Grading operations shall be completed at the conclusion of each year's extraction.

(c)

Oversize gravel separated during extraction and/or processing operations may be placed in or near the ordinary high water mark of the channel, along the bank, or over the surface of the graded bar to provide additional armoring in a manner to be specified by PRMD in consultation with the CDFG. Particular attention shall be given to areas where access routes traverse the ordinary high water mark.

(d)

Extraction, grading, screening and placement of oversize gravel and all other activities associated with instream mining operations shall be concluded and equipment removed from the mining site no later than November 1 of each year. Stream crossing used in mining operations shall be removed no later than November 1 each year except where earlier start date or end date is acceptable to the CDFG and is specified in the CDFG permit.

(e)

Where processing operations other than the screening of oversize gravel take place within two hundred (200) feet of the banks of any navigable stream as defined by the U. S. Army Corps of Engineers, provisions shall be made in the reclamation plan for visual screening between such operations and the stream channel.

(f)

At the conclusion of skimming activities each season, the affected bars shall be left in a condition free of equipment, stock piles, coarse blade or equipment marks and shall exhibit a slope and elevation which is no less than the approved slopes and minimum baseline elevations approved for the site. Subexcavation below approved slopes or elevations and/or back filling with other material to achieve minimum baseline elevations is prohibited.

(g)

In addition to reclamation activities required to reclaim areas disturbed by the instream surface mining, reclamation plan proposals may be required to include additional public benefit activities, such as, but not limited to, riparian habitat restoration and enhancement, aquatic habitat restoration and enhancement, removal of invasive species, bioengineered bank stabilization measures or protection of public infrastructure: 1) a permit period in excess of 10-years is granted, or 2) departures from ARM standards are granted, or 3) restoration work is to be carried out to mitigate cumulative mining impacts in lieu of payment of mitigation fees required by the Russian River Gravel Mitigation Fund Program. Notwithstanding the above, any bank restoration, stream restoration and enhancement or revegetation tasks included in the site-specific reclamation approvals shall be executed and completed in a manner consistent with the terms and requirements of the approval.

(h)

The director has the authority to modify the standards or conditions of reclamation plans mining methods for the mining operations on the Russian River, reach of Austin Creek and the Gualala River to allow for implementation of adaptive management approach changes in consultation with the resource agencies with the following limitations:

(1)

The change does not expand the area of the project,

(2)

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

(3)

The change does not intensify or raise new environmental impacts not previously addressed in the environmental review, and

(4)

The change helps ensure that adverse impacts are avoided or minimized and/or assists the operations to better meet any performance criteria or project objective are met during the term of the permit adopted with the approval.

(i)

Other Standards. Notwithstanding the preceding instream reclamation requirements, the standards may be modified or waived by the decision making body for the mining operations on the reach of Russian River, Austin Creek and/or the Gualala River, only where it is demonstrated through supplemental site-specific environmental review that the proposed reclamation methods are the best management approach for the site and that project mitigations and design features will avoid adverse impacts or reduce them to a level of insignificance, while leaving the site suitable for the intended post-mining beneficial uses as allowed by zoning.

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