(a) Reasons for limitations. The following activities are regulated by both State and local laws and regulations. The following limitations restate those environmental protections contained in the former County SMARA ordinance in order to ensure the continuation of the following protections.

(b) “Stream bed Skimming.” State law contains an exception for non-commercial excavations or grading conducted for the purposes of farming, on-site construction, or restoring land following a flood or natural disaster, at Section 2714(a) of the State Act. Consistent with the County’s prior ordinance governing mining operations, such activities, when they occur within the banks of a stream of river, are excepted only to the extent that the mining operation does not exceed the one time, one acre, one thousand cubic yard exception contained in current section 2714(d) of the Act. This section shall not apply to timber operations which are governed by section 2714(j) of the Act.

(c) Drainage, Erosion and Sediment Control. In addition to the “performance standards” set forth in section 3706 of the Regulations, final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations. Note that subsection (c) of section 3706 of the Regulations requires compliance with Regional Water Quality Control Board or the State Water Resources Board for water discharge standards. (Ord. 2117, 5/28/1996)