§ 13-104. Scope.

(a)

The provisions of this article shall apply to the unincorporated areas of Butte County.

(b)

The provisions of this article are not applicable to:

(1)

Excavations or grading conducted for farming or the immediate excavation or grading of lands affected by a flood or natural disaster for the purpose of restoring those lands to their prior condition;

(2)

Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project and that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements associated with those structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

a.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of State law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 of the Public Resources Code, commencing with Section 21000);

b.

The County's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to the California Environmental Quality Act (Division 13 of the Public Resources Code, commencing with Section 21000);

c.

The approved construction project is consistent with the general plan and zoning of the site; and

d.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

(c)

Operation of a plant site used to process mineral materials provided that:

(1)

The plant and associated stockpiles, equipment and structures are on property designated for industrial or commercial uses by the Butte County 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.

(d)

Prospecting for, or the extraction of, minerals for commercial purposes where the removal of overburden or mineral product totals less than one thousand (1,000) cubic yards in any one (1) location or on any one (1) parcel of real property, and the total surface area disturbed is less than one (1) acre.

(e)

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

(f)

Such other surface mining operations that the County determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Mining and Geology Board pursuant to Sections 2714(f) and 2758(c) of the Public Resources Code.

(g)

Emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

(h)

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 Public Resources Code Section 2714(i).

(i)

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with the provisions and restrictions set forth in Public Resources Code Section 2714(k).

(j)

Reclamation of lands mined prior to, but not after, January 1, 1976.

(k)

Surface mining operations conducted pursuant to vested rights obtained prior to January 1, 1976, except as otherwise provided in Section 13-113 of this article.

(l)

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.

(Ord. No. 4035, § 2, 10-11-2011)