Chapter 19.91
STANDARDS FOR DEVELOPMENT OF MINERAL AND AGGREGATE OPERATIONS
Sections:
19.91.030 Special property development standards for aggregate operations.
19.91.010 Purpose.
The purpose of this chapter is to provide clear and objective development standards and review procedures for approval and operation of mineral and aggregate mining and processing sites located in any zone where these uses are authorized. The procedures, standards and other requirements identified in this chapter apply to both mineral and aggregate sites unless specifically noted otherwise. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.010.]
19.91.020 Review procedures.
A. All applications for the mining or processing of mineral and/or aggregate resources in zones other than the mineral and aggregate resource zone (MARZ) and the aggregate resource zone (AR) shall be processed as conditional use permits (Chapter 19.45 JCC), with a site plan review (Chapter 19.42 JCC), and shall utilize quasi-judicial review procedures as set forth in review procedures (Chapter 19.22 JCC).
B. Mining or processing of aggregate and mineral resources in zones other than the MARZ (Chapter 19.66A JCC) which have been lawfully permitted by Josephine County and DOGAMI, but which have been inactive (see definition of “Inactive” in JCC 19.11.110) for up to 12 years, may restart operation without issuance of a new conditional use permit, subject to the following:
1. Demonstration the owner or operator was issued and continuously renewed a DOGAMI surface mining permit for the mine area during the entire period of inactivity; or
2. Demonstration the owner or operator has received and maintained a DOGAMI exemption from surface mining regulation during the period of inactivity; and
3. The owner or operator must apply for site plan review pursuant to JCC 19.42.030, and a development permit must be issued authorizing the proposed mining.
C. Mining or processing of aggregate resources in zones other than the MARZ and the aggregate resource zone which have been inactive for 12 years or more must be authorized by a new conditional use permit (Chapter 19.45 JCC), subject to site plan review procedures (JCC 19.42.040), before restarting operation. Mining may also be authorized by amending the zoning for the site to the MARZ, subject to the requirements of Chapter 19.66A JCC.
D. New mineral and aggregate batching or blending into asphalt cement shall not be permitted in exclusive farm use zones when the batching or blending site is within two miles of a planted vineyard. A planted vineyard is one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching or blending is filed. Operations for batching or blending which are approved on or before October 3, 1989, including subsequent renewals, are exempt from this subsection. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.020.]
19.91.030 Special property development standards for aggregate operations.
Subject to the qualifications listed in this section, the following standards shall be the minimum standards for the mining and processing of mineral and/or aggregate resources in all zones that permit these uses. Mining or processing authorized as a conditional use or by site plan review may impose additional and/or more stringent standards in order to achieve compliance with applicable criteria. Operations authorized pursuant to the MARZ shall include standards for operation with the zone. The standards for operation contained in this chapter may be added to, modified or deleted by the implementation of the requirements contained in OAR 660-023-0180 or by an approved impact area agreement (IAA) adopted as part of the zoning decision (see JCC 19.66A.050, Placing land within the mineral and aggregate resource zone). In all cases, applicable standards of operation must be clear and objective. The minimum standards for operation are:
A. A development permit shall be obtained before any mining and/or processing of mineral or aggregate resources. The applicant shall also obtain all other permits required by this title and other licensing or permitting entities having jurisdiction over the operation. The continuance of additional permits and approvals in good standing shall be a condition for the continuance of the County’s development permit. The performance of the standards required by this chapter shall also be necessary for the issuance and continuance of the development permit.
B. The access or service road(s) to and from the extraction site to a public road shall meet the following standards:
1. The applicable standards from OAR Chapter 340, Division 35, for vehicular noise control for a distance of 500 feet in all directions from any public road or conflicting use located along the access road.
2. The most current air quality standards from OAR Chapter 340, Divisions 20, 21, and 28 for ambient air quality for a distance of 500 feet in all directions from any public road or conflicting use located along the access road if the mining traffic is the primary cause of the road dust. Where more than one mining operation uses the same road, all operators shall be proportionately responsible for the cost and management of dust abatement measures based on vehicle trips per day.
C. The extraction area shall be substantially screened from the view of existing conflicting uses, subject to the following specifications:
1. Mining and processing equipment, whether in use or in storage, shall be screened. Stockpiles of aggregate do not need to be screened and may be used for screening.
2. Screening may consist of natural vegetation and landscape features, or may be supplied by planting vegetation or placement of berms, fences or other similar development features. If vegetation is used as screening it shall be maintained alive.
3. Earthen berms shall be stabilized with ground cover.
4. Visual screening may not be required if the topography, growing conditions or other circumstances at the site make it impractical or otherwise unnecessary to shield the site from the view of conflicting uses.
D. On-site parking shall be provided for all employees, customers and official visitors.
E. A safety fence must be constructed to protect the extraction site from vehicular or pedestrian intrusion whenever the site is within 200 feet from a public road or an off-site residence, or where the quarry is developed with hazardous vertical cuts. The safety fence may consist of orange vinyl fence material commonly used at construction sites.
F. All mining and processing of mineral and/or aggregate resources shall meet and maintain the permit requirements of the Oregon Departments of Geology and Mineral Industries (DOGAMI), Division of State Lands (DSL), and Environmental Quality (DEQ).
G. All mining and processing of mineral and/or aggregate resources shall comply with OAR noise emission standards. Compliance for the purpose of issuing a development permit can be demonstrated by a report from an acoustical engineer attesting that the circumstances of the site and/or proposed mitigation will bring the site into compliance.
H. All mining and processing of mineral and/or aggregate resource sites shall meet the erosion control and site drainage standards contained in Chapter 19.83 JCC (Erosion Control and Storm Drain Facilities), as well as any permit requirements imposed by DOGAMI, DSL, DEQ, or any other state or federal regulation.
I. The discharge of contaminants and dust caused from the mining and processing of mineral and/or aggregate resources shall comply with applicable DEQ ambient air quality and emission standards. The operator shall cease all mining and processing operation within one hour of the malfunction of any air pollution control equipment, and shall not resume operation until the malfunction has been corrected in compliance with applicable DEQ rules and standards.
J. Excavation and stockpiling shall be set back from property lines so that the lack of lateral support and the angle of repose of the geologic deposit will not undermine or intrude onto adjoining lands. An additional setback may be required to allow the placement and maintenance of fencing.
K. Mining and processing of mineral and/or aggregate resources shall be set back from the top of the bank of any stream in compliance with JCC 19.72.040(B) (Riparian Corridor Setback Area). Existing native vegetation shall be maintained in the setback area.
L. Mining and processing of mineral and/or aggregate resources within flood hazard areas, as defined in Chapter 19.11 JCC (Definitions), shall comply with the standards contained in Chapter 19.69A JCC (Flood Hazard Overlay).
M. The hours of operation for the mining and processing of mineral and/or aggregate resources shall be 8:00 a.m. to 6:00 p.m. for conditional uses, and 7:00 a.m. to 9:00 p.m. for MARZ. The days of operation shall be Monday through Saturday, excluding the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Maintenance of equipment may take place at any time.
1. If the mine owner or operator so requests, the Planning Director shall authorize exceptions to the above operating hours and days for asphalt or concrete batch plants, subject to the following limitations:
a. The additional hours must be a requirement of a state, local, or federal government contract; and
b. Not more than three exceptions may be granted in a calendar year; and
c. The total duration of exceptions may not exceed 90 days in a calendar year.
2. The Planning Director may authorize additional or different operating hours and time periods for asphalt or concrete batch plants than those specified above. Authorization must use quasi-judicial land use decision procedures specified in Chapter 19.22 JCC (Permit Review Procedures), to include neighborhood notice and the right to appeal the decision for a de novo hearing.
N. The hours for blasting at the extraction site shall be limited to 10:00 a.m. to 3:00 p.m. for operations authorized as conditional uses, and 7:00 a.m. to 6:00 p.m. for operations authorized within the MARZ. The permitted days shall be Monday through Friday, excluding the holidays listed in subsection (M) of this section. The mine operator shall provide advanced notification of all blasting subject to the following requirements:
1. The notification shall be given in writing to all property owners and/or occupants residing within the impact area (or 1,500 feet if an impact area has not been established) at least 48 hours prior to blasting. The notice shall be delivered to a mail receptacle or to the residence or structure. The operator shall maintain a journal showing when and how notice was accomplished.
2. If blasting occurs on a predictable schedule, the operator may provide written monthly notice of the schedule delivered at least 48 hours before the first scheduled blast. The delivery and record keeping requirements specified in subsection (N)(1) of this section shall also apply.
3. The notice shall specify the day or days and hour or hours of blasting.
O. Water used in the mining or processing of mineral and/or aggregate resources shall be appropriated from a source authorized by permit from the Oregon Department of Water Resources. With the exception of on-site process water released to on-site settling ponds, turbid water shall not be released into lakes, ponds or watercourses.
P. Failure to perform or continue to perform any of the standards required by this section shall render the development permit void and subject to any and all enforcement procedures contained in this title or as authorized by any other law, rule or civil authority. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.030.]
19.91.040 Site reclamation.
No mining operation authorized pursuant to this chapter shall commence without the operator furnishing to the Planning Director a copy of a DOGAMI operating permit and approved reclamation plan, or a certificate of exemption, issued pursuant to the requirements of ORS 517.750 through 517.900 (Reclamation of Mining Lands) and implementing administrative rules. The County shall defer to DOGAMI regarding all aspects of the reclamation plan and its administration. Reclaimed land uses for the site must be authorized by post-mining zoning. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.040.]
19.91.050 Notice.
In addition to the notification requirements contained in Divisions II, III and IV of this title, all mining and processing applications that impact one or more acknowledged significant riparian corridors shall require written notice to DOGAMI, DSL, DEQ, and ODFW at least 30 days prior to final approval or the first public hearing, whichever comes first. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.050.]