Article IV — RECLAMATION PLANS

(a)

Reclamation plans shall contain all of the information and elements required by SMARA and the regulations promulgated thereunder.

(b)

An item of information or document required pursuant to subsection (a) of this section that has already been prepared as part of the application for a surface mining permit, or as part of an environmental document prepared pursuant to CEQA, may be included in the reclamation plan by reference, if that item of information is attached to the reclamation plan.

(Code 1969, § 15.28.320; Ord. No. 747, § 1(part), 1999)

A proposed reclamation plan shall be filed with the department. Applicants shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Applications for reclamation plan approval shall include all environmental review forms and information required by the director. All documentation for the reclamation plan shall be submitted at one time. The proposed reclamation plan shall be accompanied by a fee in an amount established by resolution of the city council.

(Code 1969, § 15.28.330; Ord. No. 747, § 1(part), 1999)

(a)

Within 30 days of receipt of a complete reclamation plan, the director shall submit copies of all of the following to the state department of conservation:

(1)

The reclamation plan.

(2)

Information from any related document prepared, adopted or certified pursuant to CEQA.

(3)

Any other pertinent information.

(b)

In conjunction with such submission, the director shall certify to the state department of conservation that the reclamation plan is in compliance with the applicable requirements of Public Resources Code §§ 2772 and 2773 and article 1 (commencing with section 3500) of chapter 8 of division 2 of Title 14 of the California Code of Regulations in effect at the time.

(Code 1969, § 15.28.340; Ord. No. 747, § 1(part), 1999)

(a)

The state department of conservation shall have 30 days from its receipt of a reclamation plan to prepare comments if it so chooses. The director shall prepare a written response to any comments received from the state department of conservation. Such written response shall describe the disposition of the major issues raised by the state department of conservation. Additionally, if the director's position is at variance with any of the recommendations made or objections raised in the state department of conservation's comments, then the written response shall address, in detail, why specific comments and suggestions were not accepted.

(b)

The director shall forward to the operator copies of any written responses received from the state department of conservation, as well as the responses prepared by the director.

(Code 1969, § 15.28.350; Ord. No. 747, § 1(part), 1999)

(a)

The commission shall approve or deny an application for a proposed reclamation plan after conducting a public hearing. At the public hearing, the commission shall consider any comments received from the state department of conservation.

(b)

The commission may approve a reclamation plan upon making the following findings:

(1)

The reclamation plan complies with SMARA, the regulations promulgated thereunder and this chapter.

(2)

The reclamation plan and potential use of reclaimed land pursuant to such plan are consistent with this chapter, the general plan and any applicable resource plan or element.

(3)

The reclamation plan has been reviewed pursuant to CEQA and the city's environmental review guidelines, and all significant adverse impacts from reclamation of the mined lands are mitigated to the maximum extent feasible.

(4)

Either:

a.

The land and resources to be reclaimed (e.g., waterbodies) will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography and other resources; or

b.

Suitable off-site development will compensate for related disturbance to resource values.

(5)

The reclamation plan will ensure that the mined lands are restored to a useable condition that is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan or element.

(6)

Section 15.28.340 has been satisfied.

(c)

If the commission does not approve a reclamation plan, the director shall return the plan to the applicant within 60 days. The applicant shall have 60 days from the date on which the reclamation plan is returned to revise the plan to address identified deficiencies.

(d)

The director shall send a copy of each approved reclamation plan to the department of conservation.

(Code 1969, § 15.28.360; Ord. No. 747, § 1(part), 1999)

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance from mining activity. Reclamation may be performed on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the director.

(Code 1969, § 15.28.370; Ord. No. 747, § 1(part), 1999)