A.    General. The provisions of this chapter are not applicable to:

    1.    Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;

    2.    Prospecting for, or the extraction of, minerals for commercial purposes or the removal of overburden in total amounts of less than one thousand (1,000) cubic yards on any property of one acre or less shown as a unit on the latest county assessment roll;

    3.    Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project undertaken to prepare a site for construction of structures, landscaping, or other land improvements, 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, if all of the following conditions are met:

    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 (“CEQA,” Public Resources Code, Division 13, § 21000 et seq.).

    b.    The county’ s approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

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

    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.

    4.    Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools or other materials, including the onsite stockpiling and onsite recovery of mined materials, if all of the following conditions are met:

    a.    The plant site is located on lands designated for industrial or commercial uses in the county’ s general plan.

    b.    The plant site is located on lands zoned industrial or commercial, or are contained within a zoning district intended exclusively for industrial activities by the county.

    c.    None of the minerals being processed are being extracted onsite.

    d.    All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

    5.    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;

    6.    The solar evaporation of sea water or bay water for the production of salt and related minerals;

    7.    Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters or other emergencies;

    8.    Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the department of forestry and fire protection. This exemption does not apply to onsite excavation or grading that occurs within one hundred (100) feet of a Class One watercourse or seventy-five (75) feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

    9.    Such other surface mining operations categorically identified by the State Board pursuant to Sections 2714(d) and 2758(c) of the Public Resources Code as involving only minor and infrequent surface disturbances; provided that the surface mining operation so exempted shall still be consistent with Section 6.80.030 of this chapter as determined by the planning director.

    B.    Existing Operations— Mining Permits. Any surface mining operation authorized to operate under a quarry or sand and gravel permit issued prior to January 1, 1976, pursuant to Ordinance No. 67-199 and Ordinance No. 18 N.S. shall not be required to obtain a surface mining permit so long as such quarry or sand and gravel permit remains in effect and surface mining is conducted in accordance with regulations in effect at the time the permit was issued, including any permit conditions imposed.

    C.    Existing Operations— Reclamation Plans. Any surface mining operation operating under a quarry or sand and gravel permit granted prior to January 1, 1976, shall be required to have an approved reclamation plan only for that portion of the mining site on which surface operations have been conducted after January 1, 1976. Such approval shall be obtained prior to the commencement of any mining operations after January 1, 1976. Reclamation plans approved by the county board of supervisors prior to January 1, 1976, shall be exempt from the provisions of this chapter. (Ord. 99-60 (part): prior gen. code § 8-111.3)