underline-strikeout version of the final draft ordinance - Pima County ...

For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!Chapter 16.52SAND, GRAVEL AND OTHER EXCAVATION OPERATIONSSand and gravel excavations in a regulatory floodway, floodway fringe area, floodplains anderosion hazard areas including proposed operations and existing operations subject to permitrenewal are subject to A.R.S. § 11-830 and A.R.S. §27-1201, et. seq,, and are subject to thefollowing provisions to the extent not inconsistent therewith A.R.S. § 11-830 and A.R.S. §27-1201, et. seq,:A. Extraction of sand, gravel and other materials is allowed provided that excavations are notlocated nor of such depth, or width, or length, or combination of depth-width-length as to presenta hazard to structures including, but not limited to, roads, bridges, culverts, and utilities, thebanks of watercourses, other property, or adversely affect groundwater recharge.B. Within a floodway area, there shall be no stockpiling of materials or tailings that mayobstruct, divert, or retard the flow of flood waters except as reviewed and approved by the ChiefEngineer on an individual floodplain use permit basis.C. Excavations within a floodway area may be allowed only in those reaches of watercourseswhich have, at a minimum, a balanced sediment system, i.e., the sediment coming into the reachis equal to or greater than the sediment leaving the reach and the long-term sediment balance forthe entire river system indicates that the stream channel will aggrade; or unless a reclamationplan is prepared and sealed by an Arizona registered civil engineer, approved by the ChiefEngineer, and adopted by the Board.D. Due to the rapidly changing hydraulic characteristics of watercourses within the County, andthe effects excavations have on these characteristics, floodplain use permits for excavations shallonly be issued for a limited time period, not to exceed one year, subject to annual renewal andreview by the Chief Engineer. Renewals will only be granted after receipt of a written statement,by the property owner or owner's representative, confirming that the sand and gravel excavationsremain in compliance with the conditions of the previous floodplain use permit, currentfloodplain conditions and all current related floodplain management regulations.E. In addition to those conditions provided for elsewhere, floodplain use permits for excavationsmay impose sites specific conditions based on a technical analysis of a flood hydraulic andsediment transport regarding the area and location in which excavations are allowed, themaximum amount of material to be excavated, and other reasonable restraints on the methods ofoperating in relationship to Floodplain conditions.F. Any extraction of sand and gravel, or related materials within a floodway area, floodwayfringe area, floodplain, and associated flood erosion hazard area shall be allowed after theeffective date of the ordinance codified in this title only if a mining reclamation plan is alsoprovided for the extraction operation. The mining reclamation plan shall show in sufficient detailthe actions that are proposed for the excavated areas so that all adverse effects of extraction aremitigated. The plan shall also contain a timetable for accomplishing reclamation as appropriateto the overall lateral extent and depth of the excavation, floodplain and channel conditions,adjacent land-uses, and associated flooding and erosion hazards.G. The County may charge permit and inspection fees, as appropriate, to recover costs associatedwith monitoring the sand and gravel extraction operation, plus a reasonable estimate ofadministrative costs and expenses that would be incurred by the County in doing so. Fees shallbe adopted by resolution of the Board as provided within A.R.S. 48-3603. E. The Chief Engineer71