Alameda County Municipal Code Art. IV Regulations

Surface mining operations shall be conducted and the site maintained in accordance with the following requirements:

A. Slopes.

1. Finished slopes shall conform to the requirements of Section 6.80.240(E).

2. Temporary slopes steeper than the finished slopes, in areas where finished slopes are to occur, shall be constructed and maintained in accordance with the recommendations, as approved by the director of community development or the deputy director designee, of a soil engineer or a civil engineer registered in the state or an engineering geologist registered and certified in the state. Temporary slopes shall not be created or maintained in a manner that will interfere with the construction of finished slopes conforming to subsection (A)(1) of this section, and the soil engineer or engineering geologist shall make specific recommendations for the conversion of such temporary slopes to finished slopes.

B. Benches. Benches shall be provided where necessary to control drainage on slopes or to provide for access or public safety.

C. Setbacks.

1. Unless the planning commission approves a lesser setback pursuant to Section 6.80.210(C)(3), surface mining excavations shall not be conducted closer than:

a. Twenty-five (25) feet of the common property line of any parcel, except where the adjacent property is being mined in the same manner with respect to such line;

b. Fifty (50) feet of the right-of-way or future width line of any street.

2. Mining excavations shall be set back from water courses, flood control channels, reservoirs and water conservation facilities a distance as may be determined by the planning commission on recommendation of Alameda County flood control and water conservation district (including the Zone 7 Water Agency) or public works agency to be sufficient to protect existing or planned facilities.

3. The planning commission, after receipt of a complete application and with public notice and hearing in accordance with the provisions of Article II of this chapter, if required by the public need may authorize setbacks less than those provided in Section 6.80.210(C)(1)(a) and (b) if the planning commission makes the following findings, supported by the conclusions of a geotechnical study prepared by a qualified professional licensed by the State of California:

a. The lesser setback is required by the public need, and is not related to the demand for additional mineral resource;

b. A lesser setback and any associated resultant slope are acceptable based on the specific characteristics of the location and are supported by the conclusions of the geotechnical study prepared by a qualified professional licensed by the State of California;

c. A lesser setback and any associated resultant slope will not present a risk to the adjacent property or any users thereof;

d. A lesser setback and any associated resultant slope will permit adequate access for the owner of the mined land to the permitted area both during mining and following reclamation to the end use;

e. A lesser setback and any associated resultant slope will safely accommodate any existing or planned utilities or facilities, including, but not limited to, water diversion and conveyance structures; maintenance roads, safety berms and guardrails; drainage features; and screening landscapes, where required; and

f. A lesser setback will be in the interest of, and not compromise, the public health, safety and welfare.

D. Screening of Operations. Where the planning commission determines that mining operations may conflict with visual qualities that should be maintained for adjacent areas, such operations shall be screened by the operator by the construction of appropriate landforms and planting and maintenance of appropriate landscape materials.

E. Fencing. Fencing for surface mines shall be designed and installed in order to preserve the health, safety and welfare of the public, including pedestrians, motor vehicles on public and private ways, and all persons and uses on adjacent lands. In areas where surface mine operations are located within wildlife movement corridors, fences shall be designed to permit passage of wildlife with minimal hazard. Fences may be of any reasonable description that fit these criteria. The fence type proposed for the surface mine shall be submitted with the mining plan for review and approval by the planning commission. Gates, the same height and type as the approved fence, shall be installed at all points of vehicular or pedestrian ingress and egress, and shall be kept locked when not in regular use.

F. Use of Explosives. No explosives shall be used except as authorized by the surface mining permit. When authorized, the specific times of use shall be approved by the director of public works.

G. Drainage—Water Quality and Conservation.

1. Provision shall be made to protect mining operations from overflow from adjacent streams or from slope failures caused by infiltration and seepage from surface water bodies by the construction of levees or other devices to prevent flooding. No obstruction shall be placed in stream channels without obtaining a permit allowing such obstruction from the county flood control and water conservation district.

2. Grades in areas being mined shall be maintained so as to avoid accumulations of water that could serve as breeding areas for mosquitoes.

3. Excavations that may penetrate near or into usable water bearing strata shall not reduce the transmissivity or area through which water may flow unless approved equivalent transmissivity or area has been provided elsewhere, nor subject such groundwater basin or subbasin to pollution or contamination.

4. Nothing in this chapter shall be construed to prevent the use of mined lands for the conservation or storage of water, or for the control of flood or storm waters, by a public agency duly authorized to engage in such work, provided that any such use will not conflict with nor prevent reclamation required under an approved reclamation plan, and provided such use is approved by the county flood control and water conservation district and/or public works agency.

5. Any waters discharged from the site to adjacent lands, streams, or bodies of water or to any groundwater body shall meet all applicable water quality standards of the regional water quality control board and any other agency with authority over such discharges. Records of any water quality monitoring conducted in conjunction with the requirements of such agency or agencies shall be made available to the director of community development and the director of public works on request. Discharges of water to designated on-site settling ponds or desilting basins shall not be deemed to be in violation of this chapter solely on the basis of sediment content.

H. Erosion, Sedimentation and Pollutant Discharge.

1. During the period mining operations are being conducted, and prior to final reclamation of mined lands, the operator shall take measures to prevent erosion of adjacent lands from water discharged from the site of mining operations and the off-site discharge of sediment. Such measures may include the construction of properly designed retarding basins, settling ponds and other water treatment facilities, ditches, diking and revegetation of slopes. No discharge of sediment to off-site bodies of water shall be permitted that will result in higher concentrations of silt than existed in off-site waters prior to mining operations.

2. Stockpiles of overburden and minerals shall be managed to minimize water and wind erosion.

3. The removal of vegetation and overburden in advance of surface mining shall be kept to a minimum.

I. Control of Noise, Dust and Bright Lights. All activities of mining and processing minerals shall be conducted in a manner that noise, dust and bright lights do not exceed levels compatible with the uses of adjacent lands as determined by the planning commission in the issuance of the surface mining permit or as a result of its periodic review of any permit.

J. Salvage of Topsoil. Topsoil suitable for use in revegetation shall be stockpiled at the site of mining operations in an amount up to that necessary for future reclamation.

K. Hours of Operation. Hours during which mining operations and processing of minerals may be conducted shall be established by the planning commission in approving any permit. Such hours of operation shall be set to minimize conflict between the operations and other uses conducted in the immediate area.

L. Boundary Markers. The property approved for mining operations shall be prominently and permanently marked. Where property lines cannot otherwise be determined, their location shall be established by survey by a registered civil engineer or licensed surveyor. The requirement for boundary markers may be waived by the planning commission where excavation will not occur within one thousand (1,000) feet of the property boundary.

M. Groundwater Use. All groundwater lost by pond evaporation and by export with the product in the mining operation and related activities shall be determined with reasonable accuracy and recorded annually. Said information shall be made available to the director of community development and the director of public works if required.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-119.0)

(Ord. No. 2010-55, § 1, 10-5-10; Ord. No. 2012-4, §§ 19—21, 1-10-12)

Access roads used for transporting minerals from areas of mining operations to county roads shall be located only at points designated by the planning commission.

A complete plan or plans of the proposed construction at the intersection of each access road with a county road shall be submitted to the director of public works for review and recommendation to the planning commission. An encroachment permit shall be obtained from the director of public works prior to performing any work within a county road right-of-way.

Adequate sight distances shall be maintained, turning radii shall be sufficient to facilitate turning of the largest anticipated trucks, and, where necessary, a deceleration lane from the county road shall be provided for right turn movements into an access road, and a left turn lane provided to facilitate turns from the county road into the access road. A length of not less than one hundred (100) feet of the access road shall be paved to county standards from its intersection with a county road. The width of the paved area shall not be less than twenty-four (24) feet.

Traffic control devices, including signs and pavement markings at the access road entrance, and additional signing or marking on the county road to warn of the approaching access road, shall be provided as determined necessary. All such work shall be provided, and may be required to be maintained, at the permittee's and/or operator's expense.

During hauling operations, any spillage of materials on county roads shall be promptly and completely removed.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-119.1)

Whenever surface mining operations are conducted on an intermittent basis, with one or more years between operating periods, the following procedures shall be followed:

A. Interim Management Plans.

1. General. Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the community development agency a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all surface mining permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the community development agency, and shall be processed as an amendment to the reclamation plan, with review and consideration of comments by the director of community development or the deputy director designee and other county agencies. IMPs shall not be considered a project for the purposes of environmental review.

2. Financial Assurances. Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

3. State Review. Upon receipt of a complete proposed IMP, the community development agency shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least thirty (30) days prior to approval.

4. Review Process. Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the director of community development or the deputy director designee and the operator, the planning commission shall review and act upon the IMP in accordance with this chapter. If denied, the operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the director of community development or the deputy director designee, to submit a revised IMP. The planning commission shall act upon the revised IMP within sixty (60) days of receipt. If the planning commission denies the revised IMP or approves the IMP with conditions with which the operator disagrees, the operator may appeal the action to the board of supervisors within ten calendar days of the decision of the planning commission.

5. Length of Term. The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years, or require the operator to commence reclamation in accordance with its approved reclamation plan.

B. Closing Down. The operator shall notify the director of community development of the intention to close down operations at least thirty (30) days prior to such action. The director of community development or his/her agent shall inspect the site, notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties, environmental resources, and the general public, according to the approved interim management plan, and take appropriate steps to see that necessary corrections are made.

C. Starting Up. At least thirty (30) days before starting up inoperative mining operations, the operator shall notify the director of community development and his/her agent, who shall inspect the site. Operations shall not recommence until the director of community development or the deputy director designee has determined that all requirements of the operation's surface mining permit and this chapter are met and has authorized such commencement.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-119.2)

(Ord. No. 2012-4, § 22, 1-10-12)

A. General Requirements. All reclamation plans shall comply with the provisions of SMARA (§ 2772 and § 2773 as may be amended), state regulations (CCR § 3500-3505 as may be amended) and the requirements of this chapter. Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR § 3700-3713 as may be amended). Reclamation of mined lands shall be carried out in accordance with the requirements of this chapter, the approved reclamation plan and state policy. The operator shall guarantee all reclamation work accomplished for any period as may be determined necessary by the planning commission to assure the permanency of any or all physical reclamation features and standards.

B. Progressive and Interim Reclamation. Reclamation of mined lands shall take place as soon as practical following completion of mining operations at successive locations within the mining site as specified by the planning commission in the approval of the reclamation plan. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the county. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation.

C. Disposal of Overburden and Mining Waste.

1. Permanent piles or dumps of overburden and waste rock placed on the land surface shall be made stable, shall not block natural drainage without provision for diversion, shall have an overall smooth or even profile and, where practical, shall be placed in the least visible location. Old equipment and similar inert mining wastes shall be removed or buried. Toxic materials shall be removed or protected to prevent leaching.

2. Overburden and mining waste placed below the existing or potential groundwater level shall not reduce the transmissivity or area through which water may flow unless approved equivalent transmissivity or area has been provided elsewhere.

D. Drainage, Erosion and Sediment Control.

1. Any temporary stream or watershed diversion shall be restored in final reclamation unless determined unnecessary by the planning commission based on recommendation of the county flood control and water conservation district and/or public works agency.

2. Regrading and revegetation shall be designed and carried out to minimize erosion, provide for drainage to natural outlets or interior basins designed for water storage, and to eliminate potholes and similar catchments that could serve as breeding areas for mosquitoes.

3. Silt basins which will store water during periods of surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.

4. Final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations.

5. Upon reclamation, no condition shall remain that will or could lead to the degradation of water quality below applicable standards of the regional water quality control board or any other agency with authority over water quality.

E. Final Slope Gradient. Final slopes shall be of such gradient as necessary to provide for slope stability, maintenance of required vegetation, public safety, and the control of drainage, as may be determined by engineering analysis of soils and geologic conditions and by taking into account probable future uses of the site. Final slopes shall not be steeper than two feet horizontal to one foot vertical (2:1) unless the applicant can demonstrate to the satisfaction of the planning commission that any such steeper slope will not:

1. Be incompatible with the alternate future uses approved for the site;

2. Be hazardous to persons that may utilize the site under the alternate future uses approved for the site; and

3. Reduce the effectiveness of revegetation and erosion control measures where such are necessary.

In no event shall the steepness of slopes exceed the critical gradient as determined by an engineering analysis of the slope stability.

F. Backfilling and Grading. Backfilled and graded areas shall be compacted to avoid excessive settlement and to the degree necessary to accommodate anticipated future uses. If future use of the site contemplates structures for human occupancy, fill placement shall conform to the Uniform Building Code except that alternate methods of backfilling and grading may be utilized when incorporated in the approved reclamation plan. Material used in refilling shall be of a quality suitable to prevent contamination and pollution of groundwater.

G. Resoiling. Resoiling shall be accomplished in the following manner: coarse, hard material shall be graded and covered with a layer of finer material or weathered waste and a soil layer then placed on this prepared surface. Where quantities of available soils are inadequate to provide cover, native materials should be upgraded to the extent feasible for this purpose.

H. Revegetation. All permanently exposed lands that have been denuded by mining operations shall be revegetated unless any such revegetation is determined by the planning commission to be technically infeasible or not beneficial with respect to the intent of this chapter. Revegetation methods and plant materials utilized shall be appropriate for the topographical, soil and eliminate conditions present at the site. Native species shall be used wherever practical.

I. Ponds, lakes or bodies of water created as a feature of the reclamation plan shall be approved by the county flood control and water conservation district, the health care services agency and the mosquito abatement district.

J. Additional Requirements. The county may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-119.3)

A. General. As a condition of each approved surface mining permit, the county shall require financial assurances security that which that reclamation will precede in accordance with the approved reclamation plan. All financial assurances will be released upon satisfactory performance. The applicant may propose financial assurances security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the county and the State Department of Conservation as specified in state regulations, and which the county reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the county of Alameda and the State Department of Conservation.

B. Requirement. Prior to the commencement of the surface mining operation, the operator shall post with the director of community development a financial assurance. Financial assurances shall be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, tailing and mine waste management, restoration of aquatic or wildlife habitat, stream protection and restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C. Cost Estimate Review. Cost estimates for the financial assurance shall be submitted to the community development agency for review and approval prior to the operator securing financial assurances. The director of community development or the deputy director designee shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the county has reason to determine that additional costs may be incurred. The director of community development shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

D. Calculation of Cost Estimates. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates shall be prepared by a state registered and licensed professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the director of community development or the deputy director designee. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, stream protection and restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

E. Abandonment. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and/or permittee and, consequently, the county or the State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F. Term of Financial Assurance. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required). Financial assurance shall be maintained for idle surface mining operations as though the operations were active.

G. Annual Adjustment. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee and/or operator may not claim credit for reclamation scheduled for completion during the coming year. Said adjustment shall be based upon an independent estimate derived from a survey by a qualified professional paid for by the operator.

H. Revisions. Revisions to financial assurances shall be submitted to the director of community development each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

I. Forfeiture procedures—County. If the planning commission, following a public hearing in accordance with the procedures set forth in Section 6.80.094 of this chapter, determines that the permittee is financially incapable of performing reclamation in accordance with its approved reclamation plan or has abandoned its surface mining operation without commencing reclamation, the director of community development shall:

1. Notify the operator by personal service or certified mail that the county intends to take appropriate action to forfeit the financial assurance and specify the reasons for so doing.

2. Allow the operator sixty (60) days after notification to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time mutually agreed upon by the director of community development and the operator.

3. Proceed to take appropriate action to require forfeiture of the financial assurance if the operator does not comply with the provisions of subsection 2.

4. Use the proceeds from the forfeited financial assurance to conduct and complete reclamation in accordance with the approved reclamation plan. The operator shall be responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurance.

5. Upon completion of reclamation in accordance with the approved reclamation plan, the financial assurance shall be released. Written notification of the release shall be provided to the operator and director of the department of conservation.

J. Credit for Reclamation Completed—Owner Transfers. Financial assurances shall no longer be required of a surface mining operation, and shall be released, upon written notification by the community development agency, which shall be forwarded to the operator and the director of the department of conservation, that reclamation has been completed in accordance with the approved reclamation plan.

If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in full force and effect, and shall not be released by the county until new financial assurances are secured from the new owner and have been approved by the director of community development in accordance with this chapter, SMARA, and state regulations.

K. Forfeiture of Financial Assurance—Procedures by the State Mining and Geology Board. The community development agency shall have primary responsibility to seek forfeiture of financial assurances and to reclaim mine sites. Where the State Mining and Geology Board (SMGB) is not the lead agency pursuant to SMARA Section 2774.4, the SMGB director may act to seek forfeiture of financial assurances and reclaim mine sites only if both of the following occurs:

1. The financial incapability of the operator or the abandonment of the mining operation has come to the attention of the director.

2. The county has been notified in writing by the director of the financial incapability of the operator or the abandonment of the mining operation for at least fifteen (15) days, and has not taken appropriate measures to seek forfeiture of the financial assurances and reclaim the mine site; provided one or more provisions in subsections 3, 4 or 5 has occurred.

3. The county has been notified in writing by the director that failure to take appropriate measures to seek forfeiture of the financial assurances or to reclaim the mine site shall result in actions being taken against the county under SMARA Section 2774.4.

4. The director determines that there is a violation that amounts to an imminent and substantial endangerment to the public health, safety, or to the environment.

5. The county notifies the director in writing that its good faith attempts to seek forfeiture of the financial assurances have not been successful.

(Ord. 99-60 (part))

(Ord. No. 2012-4, § 23, 1-10-12)

A. Each operator of a permitted surface mine in Alameda County shall pay an administrative fee of $0.045 per ton beginning January 1, 2003, $0.06 per ton beginning January 1, 2004, and $0.075 per ton beginning January 1, 2005, for aggregate material sold, including gravel, sorted and/or crushed rock, sand, crushed shale or dirt, and also including any component mass of asphalt and concrete products consisting of these materials to the community development agency to help cover the agency's costs in administering Alameda County's surface mining, reclamation and associated programs. This administrative fee shall begin to accrue as provided above on the 31st day of following approval of this section, and shall be paid into an agency account annually on January 31 of each year, beginning 2003, and no specific initial balance shall be required. The quantity of aggregate on which the administrative fee is based shall be the total volume (tonnage) of material sold from January 1 through December 31 of the previous year. The amount of the administrative fee may be renegotiated with the Alameda County quarry operators group every five years commencing in 2008.

B. This administrative fee shall, upon commencement of accrual, supersede and replace any and all community development agency and public works agency administrative fees required as conditions of approval for specific active surface mining permits, and the conditions of approval that require any such fees or surcharges shall be voided and deleted. Prior to that time, all fees accrued under all existing programs as prescribed for individual permits shall still be paid to the community development agency.

(Ord. 2003-61 (part))

(Ord. No. 2012-4, § 24, 1-10-12; Ord. No. 2014-21, § 2, 5-6-14)

An appeal may be taken to the board of supervisors within ten days after the date of any order made by the planning commission following a public hearing in accordance with the procedures set forth in Section 6.80.094 of this chapter; otherwise all planning commission decisions are final.

(Ord. No. 2012-4, § 25, 1-10-12)