Alameda County Municipal Code Art. I General Provisions

This chapter may be referred to and cited as the Alameda County surface mining ordinance.

(Ord. 99-60 (part); prior gen. code § 8-127.0)

The provisions of the California Surface Mining and Reclamation Act of 1975 (PRC § 2710 et seq.), hereinafter known as SMARA, PRC Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") CCR § 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

(Ord. 99-60 (part))

This chapter shall regulate surface mining (operations and reclamation of Mined Lands within the unincorporated area of the County pursuant to the California Surface Mining and Reclamation Act of 1975, Division II, Chapter 9, Public Resources Code, as amended.

(Ord. 99-60 (part): prior gen. code § 8-111.0)

The county of Alameda recognizes that the extraction of minerals is essential to the continued economic well-being of the county and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The county also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

The intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by SMARA, Public Resources Code (PRC) Section 2207, and state regulations for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure:

A. Prevention or mitigation of adverse effects on the environment, including air pollution, impedance of groundwater movement and water quality degradation, damage to aquatic or wildlife habitat, flooding, erosion, sedimentation effects and excessive noise;

B. Progressive reclamation concurrent with mining so that mined lands are returned to a condition adaptable for alternate land uses, with no residual hazards to public health or safety and with land and water resources maintained in a state beneficial to society; and

C. Consistency with mineral resource management policies of the general plan.

(Ord. 99-60 (part): prior gen. code § 8-111.1)

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the county's general plan.

In accordance with PRC § 2762, the county's general plan and resource maps shall be updated to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use decisions within the county shall be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas shall be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

(Ord. 99-60 (part))

Except as provided in Section 6.80.050 of this chapter, no person shall conduct surface mining operations unless a surface mining permit, reclamation plan, and financial assurances for reclamation have first been approved by the county. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the county, including but not limited to, the application of CEQA, the requirement of surface mining permits or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the county, public and private.

(Ord. 99-60 (part): prior gen. code § 8-111.2)

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 director of community development.

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)

(Ord. No. 2012-4, § 2, 1-10-12)

A. If a mining operation is being conducted in an A district, all other uses permitted pursuant to the district regulations may be conducted on the site provided such uses do not interfere with meeting any of the requirements of this chapter and provided any such uses are not prohibited by conditions of the surface mining permit or approved reclamation plan;

B. If a mining operation is being conducted in any other district, uses permitted pursuant to such other district regulations may be conducted on the site only if also permitted by the surface mining permit or approved reclamation plan;

C. Sorting, crushing, reducing, refining, mixing, packaging or other processing of minerals, or the operation of an asphalt or concrete batch plant; or any operation that uses or supplies materials produced, imported or used by mining and/or processing operations or an asphalt or concrete batch plant, may be permitted in conjunction with mining operations if conducted within an A, M-1 or M-2 district, upon securing of a surface mining permit, when such uses are found by the planning commission to be an accessory use to the mining operations and when the planning commission finds that the effects of such processing, use, storage or transport of materials, including noise, odor, smoke, dust, bright lights, vibration, traffic, and production of waste, can be controlled so as to be compatible with adjacent uses and so as not to degrade natural resources;

D. Accessory uses to mining operations and processing of minerals.

(Ord. 99-60 (part): prior gen. code § 8-111.5)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. 99-60 (part))

This chapter shall take effect thirty (30) days following its adoption.

(Ord. 99-60 (part))

As used in this chapter:

"Area of regional significance" means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

"Bench" means a level area that interrupts a slope, constructed for such purposes as to retain or limit rock falls, provide working surfaces or access, and to control erosion.

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Compatible land uses" means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and that may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing and open space.

"Critical gradient" means the maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling or any surface or underground works needed to determine the type, extent, or quantity of mineral present.

"Haul road" means an internal road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

"Haul route" means an external road along which previously excavated, processed or stockpiled material is transported to an off-site area.

"Idle" means surface mining operations curtailed for a period of one year or more, by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

"Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

"Mine" includes all mineral bearing properties of whatever kind or character, whether underground, or in a quarry or pit, or any other source from which any mineral substance is or may be obtained.

"Mined lands" includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

"Mining waste" or "mine waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his behalf, except persons who are engaged in surface mining operations as employees with wages as their sole compensation.

"Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

"Permittee" means any person or operator who possesses a valid permit to operate a surface mine in Alameda County that meets the requirements of this chapter and SMARA. When the operator and the permittee are not the same person, the operator shall identify the permittee to the county.

"Person" means any individual, firm, association, corporation, organization, partnership, or any local agency as defined by Government Code Section 53090 et seq.

"Reclamation" means the combined process of land treatment that minimizes disruption or alteration of groundwater movement, water quality degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, sedimentation, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition that is readily adaptable for alternate land uses, and so that adverse impacts on groundwater resources are mitigated, and no danger to public health or safety is created. The process may extend to affected lands under the control of the operator surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, erosion and sediment control, stabilization, restoration of groundwater recharge areas, or other measures.

"SMGB" means the State Mining and Geology Board.

"State Geologist" means the individual holding office pursuant to PRC Division 1, Chapter 2, Article 3, Section 677, or his/her designee appointed for purposes of administering SMARA and SMARA Regulations.

"State policy" means the State Policy for the Reclamation of Mined Lands adopted pursuant to Section 2755 of the Public Resources Code.

"Stream bed skimming" means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface mining operations" or "mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging, quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to:

1. In-place distillation, retorting or leaching;

2. The production and disposal of mining waste;

3. The removal of overburden;

4. Prospecting and exploratory activities;

5. Borrow pit activity;

6. Streambed skimming; and

7. Segregation and stockpiling of mined materials (and recovery of same).

"Surface Mining and Reclamation Act (SMARA) Regulations" means SMGB regulations for surface mining and reclamation practice, as set forth in CCR Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.

"Topsoil" means the upper part of the soil profile that is relatively rich in humus, which in the field of agronomy is known as the A-1 horizon of the soil profile.

(Ord. 99-60 (part): prior gen. code §§ 8-113.0—8-113.13)

(Ord. No. 2012-4, § 3, 1-10-12)