Article I — GENERAL PROVISIONS

This chapter shall be known as the "Surface Mining Ordinance of the City of Barstow."

(Code 1969, § 15.28.010; Ord. No. 747, § 1(part), 1999)

The purpose of this chapter is to regulate surface mining operations in accordance with the requirements of the Surface Mining and Reclamation Act of 1975, the regulations adopted thereunder, and Public Resources Code § 2207. This chapter is further intended to secure the continued availability of important mineral resources while also ensuring that:

(1)

Adverse environmental effects are prevented or mitigated; and

(2)

Mined lands are reclaimed to a usable condition readily adaptable for alternative land uses.

(Code 1969, § 15.28.020; Ord. No. 747, § 1(part), 1999)

The provisions of the Surface Mining and Reclamation Act of 1975, the regulations adopted thereunder, and Public Resources Code § 2207, 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 they were specifically and fully set out herein. Notwithstanding the preceding, when the provisions of this chapter are more restrictive than correlative state provisions, then the provisions of this chapter shall prevail.

(Code 1969, § 15.28.030; Ord. No. 747, § 1(part), 1999)

Except as provided in section 15.28.050, no person shall conduct a surface mining operation on public or private property without first obtaining approval of all of the following:

(1)

A surface mining permit;

(2)

A reclamation plan; and

(3)

Financial assurances.

(Code 1969, § 15.28.040; Ord. No. 747, § 1(part), 1999)

This chapter shall not apply to the following activities:

(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)

On-site excavation and on-site earthmoving activities that are both an integral and necessary part of a construction project and 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. This exemption shall not be applicable unless all of the following conditions are satisfied:

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, CEQA.

b.

Approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA.

c.

The approved construction project is consistent with the general plan designation 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.

(3)

Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials. This exemption shall include the on-site stockpiling and on-site recovery of mined materials. This exemption shall not be applicable unless all of the following conditions are satisfied:

a.

The plant site is located on lands designated for industrial or commercial uses in the general plan.

b.

The plant site is located on lands zoned industrial or commercial.

c.

None of the minerals being processed are being extracted on site.

d.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on site after January 1, 1976.

(4)

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

(5)

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

(6)

Any other surface mining operations that the state mining and geology board determines to be of an infrequent nature and which involve only minor surface disturbances.

(7)

The solar evaporation of sea water or bay water for the production of salt and related minerals.

(8)

Emergency excavations or grading conducted by the state department of water resources or the state reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

(9)

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads. This exemption is available only if slope stability and erosion are controlled in accordance with state regulations and upon closure of the site, where necessary, revegetation measures and postclosure uses are implemented in consultation with the state department of forestry and fire protection. This exemption does not apply to on site excavation or grading that occurs within 100 feet of a Class One watercourse or within 75 feet of a Class Two watercourse. This exemption also does not apply to excavations for materials that are, or have been, sold for commercial purposes.

(10)

Excavations, grading or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas. This exemption shall not be applicable unless all of the following conditions are satisfied:

a.

The operations are being conducted in accordance with division 3 of the Public Resources Code (commencing with section 3000).

b.

The operations are consistent with the general plan designation and zoning for the site.

c.

The earthmoving activities are within oil or gas field properties under a common owner or operator.

d.

No excavated materials are sold for commercial purposes.

(Code 1969, § 15.28.050; Ord. No. 747, § 1(part), 1999)

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a surface mining permit pursuant to this chapter as long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, the regulations promulgated thereunder, and this chapter. A person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. The reclamation plan and the financial assurances requirements of this chapter shall apply to operations conducted after January 1, 1976. In those cases where an overlap exists (in the horizontal or vertical sense) between pre- and post-SMARA mining, the reclamation plan shall call for reclamation proportional to that disturbance caused after January 1, 1976.

(Code 1969, § 15.28.060; Ord. No. 747, § 1(part), 1999)