Alameda County Municipal Code Art. II Application Procedure

Application for a surface mining permit and for approval of a reclamation plan shall be filed with the community development agency. The reclamation plan shall be filed concurrently with the surface mining permit application, along with all required environmental review forms and information prescribed by the director of community development. Said application shall be filed in accord with this chapter and procedures to be established by the director of community development. The prospective permittee shall submit as many copies of a surface mining permit and reclamation plan application as required by the director of community development. In the case of a pre-existing surface mining operation described under Section 6.80.050(C) of this chapter the reclamation plan shall be filed alone; however, for surface mining operations that are exempt from a surface mining permit as described under Section 6.80.050(C) of this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan, including but not limited to environmental review prepared pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the county's environmental review guidelines, where determined to be necessary by the director of community development.

(Ord. 99-60 (part): prior gen. code § 8-115.0)

(Ord. No. 2012-4, § 4, 1-10-12)

The form of the application for a surface mining permit or approval of a reclamation plan shall be as prescribed by the planning director and provided by the community development agency. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (§ 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the director of community development.

(Ord. 99-60 (part): prior gen. code § 8-115.1)

(Ord. No. 2012-4, § 5, 1-10-12)

Within thirty (30) days of acceptance of an application for a surface mining permit for surface mining operations and/or a reclamation plan as complete, the community development agency shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 6, 1-10-12)

The community development agency shall prepare an environmental review for any surface mining permit and/or reclamation plan application pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the county's environmental review guidelines.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 7, 1-10-12)

Subsequent to the appropriate environmental review, the community development agency shall prepare a staff analysis with recommendations for consideration by the planning commission.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 8, 1-10-12)

The planning commission shall hold a noticed public hearing on the surface mining permit and/or reclamation plan. Upon completion of the environmental review procedure and filing of all documents required by the director of community development, consideration of the surface mining permit and/or reclamation plan for the proposed or existing surface mine shall be completed at the public hearing before the planning commission, and pursuant to Section 2774 of the Public Resources Code. The planning commission shall take action at the hearing to approve, conditionally approve, or deny the surface mining permit and/or reclamation plan, and to approve the financial assurances pursuant to PRC § 2770(d) and to Section 6.80.241.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 9, 1-10-12)

The application fees for a surface mining permit or approval of a reclamation plan, or for modification of an existing permit or approved reclamation plan shall be as established by resolution by the board of supervisors and shall be submitted at the time of application. The county shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. The operator shall pay such fees as required by the county, at the time of filing of the surface mining permit application, reclamation plan application, and at such other times as are determined by the county to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the operator.

(Ord. 99-60 (part): prior gen. code § 8-115.2)

Surface mining permit applications and proposed reclamation plans shall be referred to the director, State Department of Conservation, the county director of public works, the county flood control and water conservation district and to such other agencies, groups or individuals that in the opinion of the director of community development need to know of such proposals or can contribute information necessary to complete evaluation. Referral shall occur during the environmental review process as specified in Section 6.80.092 of this chapter, and at any other time deemed appropriate by the director of community development.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-115.3)

(Ord. No. 2012-4, § 10, 1-10-12)

Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances by the planning commission, the director of community development shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a surface mining permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the surface mining permit. However, the planning commission may defer action on the surface mining permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the surface mining permit with the condition that the community development agency shall not issue the surface mining permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

Pursuant to PRC § 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. In particular, when the planning commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 11, 1-10-12)

The community development agency shall forward a copy of each approved surface mining permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the community development agency shall submit to the State Department of Conservation for each active or idle mining operation a copy of the surface mining permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 12, 1-10-12)

The permittee and/or operator for which a reclamation plan has been approved shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the community development agency in the mining operation's permanent record. Upon sale or transfer of the operation, the new permittee and/or operator shall submit a signed responsibility to the community development agency for placement in the permanent record.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 13, 1-10-12)

Applications to modify the terms or conditions of, or uses permitted under, a surface mining permit or an approved reclamation plan shall be in accord with the provisions of this section, except that minor changes in dimensions, volumes, or timing of the staging plans that will not affect implementation the reclamation plan may be approved by the director of community development. Applications to expand the land area affected by an existing permit or approved reclamation plan shall be in accord with this article.

(Ord. 99-60 (part): prior gen. code § 8-115.4)

(Ord. No. 2012-4, § 14, 1-10-12)

The county director of community development may modify the terms of any surface mining permit heretofore granted and in effect, where there is neither time nor opportunity for such modification to be granted pursuant to Section 6.80.120 and subject to all of the following further limitations:

A. The modification shall be effective for not more than three days, as specified by the director of community development or the deputy director designee.

B. The modification shall apply only to such mining operations as related to the emergency.

C. The modification is in the public interest.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-115.5)

(Ord. No. 2012-4, § 15, 1-10-12)