Chapter 15- Resource Development Standards (RDS)

Sections:

 

          15.010          Purpose and Intent.

          15.020          Applicability.

          15.030          Criteria for Applying RDS.

          15.040          Use Permit Requirements.

          15.050          Phasing Requirements.

          15.060          Amendments.

          15.070          Development Standards.

          15.080          Reclamation Requirements.

          15.090          Financial Assurances.

          15.100          Inspections.

          15.110          Administration.

          15.120          Enforcement.

 

 

 

 

 

15.010     Purpose and Intent.

The intent of the Resource Development Standards (RDS) are to evaluate and, if appropriate, permit resource development projects in a manner that is consistent with the provisions of this General Plan, applicable area plans, and applicable state and federal laws, such as the Surface Mining and Reclamation Act of 1975 (SMARA). The RDS have been established to protect the environment and allow for the conditional development of on-site resources, including but not limited to, mineral resources, geothermal resources, wind and solar energy resources, hydropower resources, and timber resources.

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15.020     Applicability.

The Resource Development Standards (RDS) may be applied only to areas with existing or proposed resource development activities. The establishment of RDS is also intended to encourage and facilitate public awareness concerning the potential for resource and energy-related activities in areas where significant resource deposits or energy-related resources have been identified.

In compliance with General Plan policies, commercial facilities such as mining operations, geothermal operations, small-scale hydroelectric generation facilities, wind and solar energy generation facilities and similar resource development activities may be permitted only in areas designated Resource Extraction (RE) and Public and Quasi-Public Facilities (PF). The Agriculture (AG), Resource Management (RM), Industrial (I), and Open Space (OS) designations may allow limited exploration activities subject to a use permit.

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15.030     Criteria for Applying the RDS.

In applying the RDS to a specific site, one or more of the following criteria must be demonstrated to the satisfaction of the County:

  1. An active resource development project currently exists on the subject lands.
  2. The project qualifies under the "vesting" provisions as specified in the California Surface Mining and Reclamation Act (SMARA).
  3. It has been reasonably determined to the satisfaction of the County that potentially significant resources exist on the lands under consideration. This determination may be based on reports filed by a registered professional acceptable to the County, and funded by the applicant. In the case of surface mining operations, a mineral land classification report may be acceptable if filed in conjunction with a SMARA Reclamation Plan.
  4. In areas with conflicting resource values, it has been reasonably determined to the satisfaction of the County that the proposed resource development activity is the highest and best use of the land and is in full compliance with the General Plan.

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15.040     Use Permit Requirements.

  1. Filing:
    1. Submittal: An application for a use permit shall be accompanied by the appropriate filing fee and shall be submitted to the Planning Division on forms provided by the department. Applications must be complete.
    2. Acceptance: An application for a use permit shall not be deemed complete or accepted for filing and the processing time limits shall not begin to run until the Planning Division accepts the application as complete.
  2. Procedure:
    1. Use Permit Processing: Within 30 days after receipt of a resource use permit application, the Planning Division shall review the application and shall notify the applicant or his designated representative, in writing, concerning any application deficiencies.
      1. Applications shall be deemed complete unless the applicant or his designated representative has been notified in writing that the application is incomplete prior to the expiration of the 30-day review period. Acceptance of the application as complete shall not constitute an indication of project approval.
      2. Complete applications shall be processed in accordance with the provisions of Chapter 19.38, Use Permits, and for surface mining operations, with the applicable provisions of SMARA.
    2. Non-Use of Permit: In conformance to Chapter 19.38, Use Permits, failure to commence diligent resource development activities within one year subsequent to permit issuance, or within the period determined by the Planning Commission, shall render the use permit null and void. Documentation that the operator has made every attempt to secure required permits at the state or federal level but that, despite due diligence, the permits have not yet been issued may serve to stay this requirement.
  3. Environmental Compliance:

Permits shall be processed in accordance with CEQA, the Mono County Environmental Handbook and General Plan policies. Common environmental documentation may be used for the exploratory and development permit stages of a project when consistent with CEQA. Permits shall contain conditions that assure compliance with CEQA and with applicable laws and regulations of Mono County and other agencies with jurisdiction.

  1. Monitoring:

In accordance with General Plan policies and CEQA requirements, when applicable, permits shall contain conditions for ongoing monitoring of operations. The Conservation/Open Space Element contains monitoring requirements for geothermal, mineral, biomass, solar, wind, and other renewable resource development.

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15.050     Project Development–Phasing Requirements.

In compliance with General Plan policies, geothermal projects shall be developed in a phased manner. In addition to the phasing requirements listed below, energy resource projects shall comply with all phasing requirements in this General Plan (Conservation/Open Space Element, Energy Resource Policies)

  1. Phasing of Geothermal Projects.

Geothermal development shall be subject to the following phased permitting process:

  1. The "Geothermal Exploration Permit" shall regulate geothermal exploration and reservoir characterization activities. The primary purpose of the exploratory phase is to determine hydrologic, geologic and other relevant characteristics of the geothermal resource being considered for development. During the exploratory phase, the permittee shall develop sufficient data, to the satisfaction of the County, to determine whether there is a geothermal resource adequate to sustain the proposed development project.
  2. The "Geothermal Development Permit" shall regulate geothermal development, operations, termination of operations, site reclamation, and reserve monitoring. The purpose of the development phase is to regulate all geothermal development, including the siting and construction of facilities, conditions of operation, maintenance of roads and equipment, and to assure the protection of the environment.

 

  1. Phasing of Other Resource Development Activities.

Other resource development activities may be subject to a phased permitting process, depending on the nature of the resource and its development.

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15.060     Amendments.

  1. Minor Amendments to an Approved Resource Development Permit.
    1. Minor amendment: Minor changes to an approved resource development permit may be approved by the Planning Division director in accordance with the following provisions.
    2. Processing: Requests for approval of a minor amendment shall be submitted on forms provided by the Planning Division along with the applicable fees. Within 30 days of receipt of such a request, the Director shall determine whether or not the application should be considered a minor amendment. The Director shall approve or deny the request and notify the applicant in writing within 10 days of his decision. The decision of the Director as to whether or not the request should be approved or denied shall be final, unless an appeal is filed. If it is determined that the request is not a minor amendment, the request may be processed as a major amendment.
    3. Requests for a minor amendment may be approved only if the Director is able to make all of the following findings:
      1. That the proposed change involves only minor changes in the siting or operations of the project and will not affect the basic character or implementation of the permit;
      2. No substantial adverse environmental damage, either on-site or off-site, will result from the proposed change and the proposed change is consistent with adopted environmental determinations; and
      3. That the proposed change will not be detrimental to the public health, safety and welfare and is compatible with the objectives and policies of this General Plan and applicable specific plans.
  2. Major Amendments to an Approved Resource Development Use Permit.
    1. Major amendment: Major amendments to approved resource development use permits may be approved by the Planning Commission subject to the following provisions.
    2. Processing: Applications for proposed amendments shall be submitted on forms provided by the Planning Division and shall include such data as may be required to complete an environmental assessment. Applications shall include the required filing fee, and shall be noticed and scheduled for public hearing before the Planning Commission in the same manner as the original permit submittal.
    3. Amendments may be approved by the Planning Commission only if all of the following findings can be made:
      1. The proposed amendments are necessary or desirable to assure a more practical recovery of the resource or to avoid multiple future disturbances of surface land or waters;
      2. No substantial adverse environmental damage, either on site or off site, will result from the proposed change and that the proposed change is consistent with adopted environmental determinations;
      3. The security required to be filed by the applicant with the County is adequate or additional security has been filed to guarantee compliance with the revised permit;
      4. The permit, as amended, will continue to meet the requirements of this chapter and will be conducted in conformity to all applicable laws, ordinances, and regulations of all agencies with jurisdiction over the resource development project; and
      5. The approval of the amendment will not be detrimental to the public health, safety, or welfare and is compatible with the objectives and policies of this General Plan, and applicable specific plans, the land use designation and approved end use of the site.

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15.070     Development Standards.

The following minimum development standards shall apply to all projects unless amended through the Specific Plan process or a Variance is approved to deviate from these standards. Other standards or conditions identified during the use permit process may also apply.

  1. Lot Size and District Area.

The minimum lot size and district area shall be 40 acres or a quarter, quarter section, with the exception of patent and/or historical mining claims and "vested operations" that shall be considered on a case-by-case basis.

  1. Setbacks.
    1. No processing equipment or facilities shall be located, and no resource development shall occur within the following minimum horizontal setbacks:
      1. One hundred (100) feet from any interior public street or highway unless the Public Works director determines that a lesser distance would be acceptable;
      2. One hundred (100) feet from any exterior property line or lease area boundary;
      3. Five hundred (500) feet from any adjacent private dwelling, institution, school, or other building or location used for public assemblage; and
      4. No geothermal development located within the Hot Creek Buffer Zone shall occur within 500 feet on either side of a surface watercourse (as indicated by a solid or broken blue line on US Geological Survey 7.5- or 15-minute series topographic maps).
    2. No residential uses shall be located with the following minimum horizontal setbacks:
      1. Fifty (50) feet from any interior public street or highway unless the Public Works director determines that a lesser distance would be acceptable.
      2. Fifty (50) feet from any exterior property line.
  2. Visual Impacts.
    1. Siting.

All resource development projects shall be sited, designed and operated to minimize impacts to the surrounding visual environment, in conformance to applicable provisions of this General Plan and the Mono County Code. The Conservation/Open Space Element contains policies relating to the siting of various types of energy resource projects.

  1. Screening.

Screening shall be required for uses that are contiguous to any residential or commercial district or use, for uses in scenic highway corridors or important visual areas, and for uses with an identified significant visual impact. Screening may be achieved through the use of siting, landscaping, fencing, painting, contour grading, constructed berms and/or other appropriate measures. If landscaping is chosen as a method of screening, a landscape plan shall be submitted as part of the use permit application (see 15.59, Landscape Plan Requirements).

  1. Lighting.

Exterior lighting shall be shielded and indirect and shall be minimized to that necessary for security and safety.

  1. Materials and Colors.

Materials for structures, fences, etc. should harmonize with the natural surroundings, whenever possible. Materials should be non-reflective or should be painted with a matte finish. Colors for structures, fences, etc. should blend into the natural surroundings, and darker colors are preferred.

  1. Erosion and Sediment Control.
    1. Siting.

All resource development projects shall be sited, designed and operated to minimize erosion and sediment transport, in conformance to applicable provisions of this General Plan, the Mono County Code, and applicable state and federal regulations. The Conservation/Open Space Element, Energy Resource section, contains policies relating to the siting of various types of energy resource projects.

Siting should minimize impacts to the natural landscape. Project design should encourage the joint use of facilities whenever possible in order to minimize disturbance to the natural environment. Access and construction roads should be located so that natural features are preserved and erosion is minimized.

  1. Site Disturbance.

Earthwork, grading, and vegetative removal shall be minimized. Existing access roads shall be used whenever possible. Construction of new access roads, frontage roads, or driveways shall be avoided except where essential for health and safety. Earthwork and grading shall be performed in accordance with the county Grading Ordinance.

  1. Revegetation.

Site disturbances shall be revegetated in conformance to the Reclamation Plan developed pursuant to the county Reclamation Ordinance.

  1. Drainage.

Drainage facilities shall be constructed and maintained in accordance with the county Grading Ordinance and with any applicable requirements of the Lahontan Regional Water Quality Control Board pertaining to waste discharge.

  1. Cultural Resources.

The applicant shall stop work and notify appropriate agencies and officials if archaeological evidence is encountered during construction or operations. No disturbance of an archaeological site shall be permitted until such time as the applicant hires a qualified consultant and an appropriate report is filed with the county Planning Division that identifies acceptable site mitigation measures, that shall then become conditions of the use permit and the reclamation plan (if applicable).

  1. Noise.

All resource development projects shall be sited, designed and operated to minimize noise impacts to the surrounding environment, in conformance to the applicable provisions of this General Plan (Noise Element) and the Mono County Code (Noise Ordinance).

  1. Air Quality.

All resource development projects shall be designed and operated in compliance with all requirements of the Great Basin Unified Air Pollution Control District and applicable provisions of this General Plan.

  1. Safety, including Hazardous Materials and Hazardous Waste.

All projects shall comply with applicable safety standards. Hazardous waste shall be maintained in conformance to the Mono County Integrated Waste Management Plan.

  1. Infrastructure Removal.

The reclamation of a resource development project may include removal of plants, outbuildings, roadways, pipelines, towers, and other related infrastructure constructed as part of the development project. Infrastructure removal may require bonding in order to guarantee the site is returned to predevelopment conditions and/or the approved end land use as contained in the project’s reclamation plan as required in section 15.080.

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15.080     Reclamation Requirements.

Standards and procedures for the reclamation of resource development activities in Mono County are contained in the county Reclamation Ordinance (Ch. 35 of the land development regulations). All resource development projects must comply with the Reclamation Ordinance. Reclamation plans must be submitted as part of the use permit application.

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15.090     Financial Assurances.

Financial assurance requirements for the reclamation of resource development activities in Mono County are contained in the county Reclamation Ordinance (Ch. 35 of the land development regulations). All resource development projects must comply with the financial assurance requirement.

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15.100     Inspections.

  1. Requirements.

The use permit shall establish an inspection schedule for compliance with use permit conditions. Inspections shall occur at least once a year, but may occur more often depending on the nature of the project. The inspection schedule may change over the lifetime of the project. The annual inspection for mining operations shall coincide with the annual inspection required by SMARA.

The county Reclamation Ordinance establishes an inspection schedule for reclamation plans. The required inspections for compliance with use permit conditions and reclamation plan requirements should coincide.

  1. Procedure.

The operator shall file a request for annual inspection with the county Compliance Officer at least once in each calendar year. Requests for annual inspections shall be accompanied by the appropriate filing fee.

The Compliance Officer shall inspect or cause to be inspected the site within 30 working days of receipt of the application for inspection and the filing fee. Unless otherwise agreed, failure to inspect within 30 working days shall be deemed a finding that the resource development operation is in compliance with its use permit.

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15.110     Administration.

  1. Appeals.

Appeals of any decision resulting from the requirements of this chapter may be made in conformance to the provisions of Chapter 19.42, Appeals.

  1. Fees.

Fees required in conjunction with the provisions of this chapter shall be established from time to time by the Board of Supervisors.

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15.120     Enforcement.

  1. Enforcement.

The provisions of this chapter shall be enforced by the Planning Division,  county Compliance Officer, or such other persons as may be designated by the Board of Supervisors. Enforcement of the provisions contained in this chapter shall be in accordance with applicable provisions of the Mono County Code.

  1. Right of Entry.

Whenever it becomes necessary to inspect resource development activities as provided in this chapter or to investigate complaints associated with resource development activities or to monitor conditions of approval as may be imposed on resource development activities, reasonable access to the project site shall be afforded by the operator in conformance to Chapter 1.08 of the Mono County Code. Authorized representatives of the County, upon presentation of appropriate credentials, shall have access to the site without advance notice.

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