HomeMy WebLinkAbout95-132C' ~,
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..~~" A RESOLUTION OF THE COi1NTY OF BUTTE
BOARD OF SUPERVISORS ADOPTING AN
AMENDMENT TO THE CONSERVATION ELEMENT
OF THE GENERAL PLAN TO ADD M[NING POLICIES AND PROGRAMS
WHEREAS, the Planning Commission has held a duly advertised public
hearing on June 22, 1995 to solicit comments pro and con retarding this amendment to the
Conservation Element; and
WHEREAS, the Planning Commission has considered the agenda report and
public testimony regarding the amendment and recommended approval of the amendment to
the Conservation Element; and
WHEREAS, the Board of Supervisors has held a public hearing on July 25,
1995, August 29, 1995, September 12, 1995, and on September 26, 199.5, to solicit comments
pra and con regarding this amendment to the Conservation Element; and
WHEREAS, the Board of Supervisors has considered the agenda report of the
Planning Commission, its minutes, and the recommendation of the Planning Division staff;
an d
WHEREAS, both the Planning Commission and the Board of Supervisors
found this project to be categorically exempt under Section 15308 of the California
Environmental Quality Act.
NOW THEREFORE BE IT RESOLVED that:
Section 1: Exhibit A
The Conservation Element of the General Plan is amended to add mining policies and
programs as indicated in the attached I~xhibit A.
Section 2: Effective Date
This action shall become effective on October 26, 1995, thirty calendar days from the date of
adoption of this Resolution.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 26thday of September 1995 by the following vote:
AYES: Supervisors :Meyer, 1?ol.an, Houx, Thomas and Chair McLaughlin
NOES: None
ABSENT: None
NOT VOTING: None
~ '' `1
ED MCLAUGHLIN, CH IRMAN
Butte County Board of Supervisors
ATTEST: John Blacklock, Chief Administrative Offieer
and Clerk of the Board
By i ,._-_ ~~ ~-~-L•.- - -
Attachments: Exhibit A: Proposed Mining Goal, Policies and Programs
EXHIBIT A
REQLJF,ST: Countywide General Plan Amendment - Proiect Number 95-
181: A request to amend the Conservation Element of the General
Plan to add mineral resource policies in compliance with the
Surface Mining and Reclamation Act of 1979 (SMARA).
Subject to the findings and actions herein, the Planning Commission. recommends approval of
General Plan Amendment 95-181 to the Board of Supervisors.
FINDINGS:
Section 1: Environmental Findings.
A. The project is categorically exempt from the requirements of the California
Environmental Quality Act; and
$. The proposed project goals, policies and procedures will not cause environmental
damage to fish, wildlife or their habitat; and
Section 2: Action.
A. Subject to the findings indicated in Section 1, recommend that the Board of
Supervisors adopt a Resolution amending the Conservation Element of the General
Plan to include the following countywide mineral resource policies:
Issue: Regionally significant mineral resources which have been identified in Butte County
need to be protected for future use from and encroachment by incompatible land uses.
Goal
Provide protection from encroachment by incompatible land uses, on lands that have been
classified by the State Geologist or designated by the State Mining and Geology Board as having
regional or statewide mineral resources significance.
Policies
1.1 County regulatory policy with respect to mining, including all of the fallowing policies
and programs, is adopted pursuant to the provision of PRC 2762 and incorporates by
reference the provisions of PRC 2710 (et seq.} and state policy.
^ Butte ~'ounry t3~ard of Su~ervisor~s ^
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1.2 Allow for the extraction of mineral resources when a Mining and Reclamation Plan has
been approved, including those resources which have been designated by the State Mining
and Geology Board as being of statewide or regional significance, or those resources that
have been classified by the State Geologist. Such extraction may be allowed in order to
meet the local, regional and statewide needs for sand and gravel, hard rock, Gold, and
other mineral resources when it is found by the County that such extraction activities are
in compliance with the Surface Mining and Reclamation Act of 1975 (SMARA) and are
compatible with the environment and neighborhood. Greenrock Quarry, as shown on
Figure CE-1, is the only Butte County site which has been minerally classified by the
State Geologist at this point in time (see Division of Mines and Geology Report 94-01).
1.3 Limit mining activities in the Orchard and Field Crop land use areas when the operation
could be in conflict with farming activities.
1.4 Formally request that the California Division of Mines and Geology map mineral
resources in Butte County for the purpose of classifying the County's mineral resources.
1.5 Review all proposed development on or near lands designated by the State Mining and
Geology Board as being an area of "Regional or Statewide Significance" or an or near
mineral deposits classified by the State Geologist for consistency with the State Mining
and Geology Board's regulations for land use compatibility (reference California Code of
Regulations Section 3575).
1.5 Continue to regulate mining activities by requiring Mining and Reclamation Use Permits
and sufficient financial assurances to ensure full reclamation of each site upon termination
of mining.
1.7 Continue to allow gravel extraction from streams when a permit has been approved based
upon the type and extent of extraction, a mining and reclamation permit insuring that
conditions of the permit and reclamation plan provides for continued water flow,
protection of habitat, on-doing restoration, and similar considerations.
Programs
1.1 Require control mechanisms to monitor each approved mining operation, including the
yearly or more frequent site inspections and the submission of information to verify
adherence with approved mining locations and conditions.
1.2 Continue to require Use Permits for all mining and reclamation activities.
1.3 Establish a mining and mineral extraction overlay zone for those specific sites classified
by the California Division of Mines and Geology.
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7.4 Consider the use of specialized consultants to the County, on a contract basis, to monitor
compliance with mining conditions. The cost of such consultants shall be the
responsibility of the operator.
1.5 Continue to require a grading permit far exploration mining work in excess of l,flflfl cubic
yards on any single parcel, and as otherwise required by Chapter 13 of the Butte County
Code.
1.6 Require, prior to the approval of any mininglreclamation permit, appropriate
environmental and financial studies including, but not limited to, the following:
^ Noise studies to determine compliance with County Noise Standards
^ Proof of the operator's financial stability and a means to sustain the reclamation
plan
^ Information and verification of the operators experience in mining and the
operator's technical expertise
^ Drainage studies, especially in instances of streambed mining
^ Air quality studies
^ Water quality studies
^ Biology studies
^ Cultural resources studies
^ Geological and sails studies
^ Grading studies
1.7 Develop a classification system for streambed mining which is based upon the continued
flow of the stream, protection of significant riparian habitat, flood and erosion control,
and similar considerations.
l .8 Identify those areas designated Orchard and Field Crop on the Land Use Plan Map where
mining activities may be provisionally allowed, subject to a Use Permit. The allowance
of mining activities shall not be disruptive or an impediment to continuation of agriculture
adjacent and in the surrounding area.
k\Planning'~bsreoz1Acxhibita.rpt
^ Butte County Board of Supervisors ^
I.F.GEND
Searcy E~ue Co~nry PM~u+ins Dh1Aen
L P+Ik.r, lOf~
MINING ACTIVITIES
SliTTER COUNTY
Figure.`CE- 1.
NO TH
Butte County Comprehensive Plan ~ ~ ~ ~ -~
BUTTE COUNTY
Mining Activities N
Butte County Comprehensive Flan ~~ ~;.: "~~! ~ -