Alameda County Municipal Code Art. III Investigation and Action

Upon the filing of an application for a surface mining permit or a reclamation plan, the planning commission shall make such investigations as are necessary to determine whether or not the proposed mining and reclamation operations conform to this chapter.

(Ord. 99-60 (part): prior gen. code § 8-117.0)

The planning commission shall conduct a public hearing, notice of which shall be given as provided in Section 17.54.750 of this code (Zoning Ordinance), prior to taking action on an application for a surface mining permit or reclamation plan.

(Ord. 99-60 (part): prior gen. code § 8-117.1)

A. Surface Mining Permits. In addition to any findings required by the county, approval of a surface mining permit for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B. Reclamation Plans. For approval of reclamation plans, the planning commission shall make all of the following findings:

1. That the reclamation plan complies with SMARA Sections 2772 and 2773 as may be amended, the provisions of this chapter and other applicable provisions;

2. That the reclamation plan complies with applicable requirements of state regulations (CCR §§ 3500-3505, and 3700-3713, as may be amended).

3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the county's general plan and any applicable resource plan or element.

4. That the reclamation plan has been reviewed pursuant to CEQA and the county's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site mitigation will compensate for related disturbance to resource values.

6. That the reclamation plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan, or as specified in the reclamation plan.

7. That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the county's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

8. That the reclamation plan is consistent with protection of the public health, safety and welfare. The planning commission shall state the basis for its determinations regarding such finding.

(Ord. 99-60 (part): prior gen. code § 8-117.2)

If the planning commission makes positive findings as to Section 6.80.160 of this chapter, the planning commission may issue the surface mining permit or approve the reclamation plan, applying such conditions to either as may be necessary to effect the conformance specified in said Section 6.80.160. If its finding is negative, the planning commission shall deny such issuance or approval.

(Ord. 99-60 (part): prior gen. code § 8-117.3)

A. One of the following types of security, in an amount determined by the planning commission and in compliance with Section 6.80.241 of this chapter, shall be furnished to guarantee faithful performance of the work to be done under the terms of the surface mining permit and reclamation plan:

1. Bond or bonds by one or more duly authorized corporate sureties,

2. A deposit, either with the local agency or a responsible escrow agent or trust company, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

B. The term of the permit shall be specified;

C. The planning commission shall specify a schedule for periodic review of the surface mining permit and the reclamation plan by the planning commission as required in Section 6.80.190 of this chapter at time intervals not to exceed five years for the reclamation plan and at such an interval as the planning commission determines appropriate for the surface mining permit.

In addition to the conditions herein specified, the commission may impose other conditions related to the public health, safety and welfare, including, but not limited to, such matters as hours of operation, limitations on hauling and the use of public roads and streets.

(Ord. 99-60 (part): prior gen. code § 8-117.4)

As a condition of each permit, annual inspections and reports of mining and reclamation activities shall be required of the operator. Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the director of community development on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

After the first year, the annual report shall include the material excavated and recycled materials, and the total tonnage of material documented pursuant to Section 2207 of the Public Resources Code. If requested, a copy of any supporting documentation shall also be provided to the director of community development by the operator.

(Ord. 2003-61 (part); Ord. 99-60 (part))

(Ord. No. 2012-4, § 16, 1-10-12)

A. General. The community development agency shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required by this chapter, to determine whether the surface mining operation is in compliance with the approved surface mining permit and/or reclamation plan, approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the director of community development or the deputy director designee. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

B. Notice and Fees. The community development agency shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the operator. The operator shall be solely responsible for the reasonable cost of such inspection.

(Ord. 2003-61 (part); Ord. 99-60 (part))

(Ord. No. 2012-4, § 17, 1-10-12)

Surface mining permits and approved reclamation plans shall be reviewed by the planning commission, in accordance with the schedule adopted at the time of approval according to Section 6.80.180(C) of this chapter, to consider new or changed circumstanced within the general area of the mining operations that should be accommodated by the permit or plan. The review shall include a public hearing as specified by Section 6.80.150 of this chapter.

At the conclusion of the public hearing, the planning commission may modify the permit or reclamation plan to conform to with this chapter, and such modified permit or plan shall be binding upon the operation. Any fees for periodic reviews shall be collected as specified by Section 6.80.100.

(Ord. 99-60 (part): prior gen. code § 8-117.5)

(Ord. No. 2012-4, § 18, 1-10-12)

The action taken by the planning commission to issue, approve, deny, or modify a surface mining permit or a reclamation plan may, within ten days of that action, be appealed to the board of supervisors by any person. Such appeal shall be filed with and heard by the board of supervisors in the manner specified by Section 17.54.670 of this code. If the board of supervisors determines the findings made and action taken by the planning commission to be satisfactory, the appeal shall be denied. If it determines otherwise, the board of supervisors shall make its own findings and take action in accordance with Sections 6.80.160, 6.80.170 and 6.80.180 of this chapter.

As provided by the State Public Resources Code, an applicant whose request for a surface mining permit to conduct operations in an area of statewide or regional significance has been denied by the board of supervisors on appeal, may within fifteen (15) days of such denial, appeal to the State Mining and Geology Board. If the State Board determines the decision of the board of supervisors is not supported by substantial evidence in the record, the board of supervisors shall hold a public hearing to reconsider its action.

(Ord. 99-60 (part): prior gen. code § 8-117.6)