Article 88-11.4 — Vested Rights

A person with a vested right to conduct surface mining operations does not need a permit under this chapter as long as such vested right continues; but no substantial charges may be made in any such operation except in accordance with this chapter.

(Ord. 79-114; Pub.Res.C. § 2776).

A person shall be deemed to have such a vested right if, before the effective date of this chapter, in good faith and in reliance upon a land use permit or other governmental authorization (if either was required by law), the person has diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor (excluding expenses incurred in obtaining the permit or authorization).

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 79-114; Pub.Res.C. § 2776).

Subject to this article, a person with a vested right shall submit to the county and receive, within a reasonable period of time, approval of a reclamation plan for surface mining operations conducted or to be conducted after January 1, 1976, or a determination that the county had approved a reclamation plan before the effective date of this chapter and the operator has accepted, and currently accepts, responsibility for reclaiming the mined lands in accordance with the reclamation plan. A person receiving such a determination shall nonetheless be subject to the provisions of Article 88-11.10.

(Ord. 79-114: Pub. Res. C. § 2776).

No reclamation, or reclamation plan approval, is required for lands disturbed by surface mining operations conducted before January 1, 1976, and which have not since been disturbed by surface mining operations.

(Ords. 2000-18 § 4; 79-114; Pub.Res.C. § 2776).

Article 88-11.6. Land Use Permits

Except as provided in Article 88-11.4, no person shall begin, establish, maintain, continue or conduct, any surface mining operation, including a rock quarry, sand or gravel pit, or other earth material extraction area, without (1) first obtaining a land use permit under this article, and (2) fully performing and complying with it.

(Ord. 79-114: Pub.Res.C. § 2770: see also § 88-11.802, and former § 88-10.002).

(a)

General. Land use permits for the special uses enumerated in Section 88-11.602 may be granted in accordance with Chapters 26-2 and 82-6.

(b)

Concurrent Applications. When a surface mining operation requires the approval of both a land use permit and a reclamation plan, application for both shall be made concurrently.

(Ord. 79-114; Pub.Res.C. § 2774; see also Art. 88-11.8).

A land use permit for surface mining operation may be granted for property in any zoning district, but a permit shall not be issued unless it is found, in addition to the findings required by Chapter 26-2, that:

(1)

The proposed use is consistent with the county general plan; and

(2)

The proposed use will not be substantially detrimental to existing residents, structures, or land uses; and

(3)

The proposed use will not impose significant adverse impacts on the physical environment; and

(4)

The proposed use will have adequate access.

(Ord. 79-114; Pub.Res.C. § 2774).

A land use permit may be conditioned as necessary to implement this chapter. Such conditions may include, but are not limited to, the following conditions set forth in Sections 88-11.610 and 88-11.612.

(Ord. 79-114).

Examples of permit conditions relating to mining operations and site maintenance are:

(1)

Land uses permitted on the site;

(2)

Temporary and finished slopes, and benches;

(3)

Setbacks from property lines, roads, water channels; and other features;

(4)

Fencing and screening;

(5)

Limiting use of explosives;

(6)

Drainage and use of surface water or groundwater;

(7)

Storing minerals and overburden;

(8)

Salvaging topsoil and vegetation;

(9)

Controlling noise, dust, and bright lights;

(10)

Limiting hours of operation;

(11)

Ingress, egress and traffic management;

(12)

Hauling management;

(13)

Limited duration of the permit;

(14)

Phasing excavation;

(15)

Controlling sedimentation.

(Ord. 79-114; Pub.Res.C. §§ 2715(e), 2774).

Either a cash deposit, surety bond, or instrument of credit, acceptable to the planning agency as to form and amount, may be required to guarantee faithful performance of and compliance with the terms and conditions of the land use permit and the reclamation plan.

(Ord. 79-114; Pub.Res.C. §§ 2715(e), 2774).

Article 88-11.8. Reclamation Plans

No person shall begin, establish, maintain, continue or conduct any surface mining operation without (1) first submitting, and obtaining approval of, a reclamation plan under this article, and (2) fully performing and complying with it.

(Ord. 79-114; Pub.Res.C. § 2770: see also § 88-11.602).

No person shall continue, maintain, or conduct any surface mining operation in existence between January 1, 1976, and the effective date of this chapter without first obtaining approval of a reclamation plan.

(Ord. 79-114; Pub.Res.C. § 2776).

Applications for approvals pursuant to this article for surface mining operations described in Section 8811.804 shall be submitted within six months after the effective date of this chapter; but the director of planning may extend this period in increments of six months or less if the director of planning determines that the preparation of the reclamation plan has been undertaken and pursued diligently and in good faith by the applicant, and that continuation of mining operations would not be detrimental to successful reclamation.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 79-114; Pub.Res.C. §§ 2710, 2774, and 2776).

(a)

General. Applications shall be on forms (or with face sheets) provided or approved by the director of community development and shall be made and processed as provided in Section 88-11.604 for land use permits.

(b)

Applicant's Responsibility. Applicants are responsible for preparing reclamation plans for submission to the county.

(Ords. 2000-18 § 5; 79-114; Pub.Res.C. § 2774).

Every reclamation plan shall address at least the following subjects, in addition to the requirements in Public Resources Code Sections 2772 through 2774 and California Code of Regulations Section 3500 et seq and 3700 et seq.

(Ords. 2000-18 § 6; 79-114; Pub.Res.C. §§ 2772A).

The reclamation plan shall identify the specific properties it applies to; and it shall be based upon the character of the surrounding area and the characteristics of that property, including the type of overburden, soil stability, topography, geology, vegetation, wildlife, climate, stream characteristics, and principal mineral commodities. Reclamation of mined lands shall be carried out in accordance with the requirements of this chapter.

(Ord. 79-114; Pub.Res.C. § 2773).

The reclamation plan shall state that the operator, applicant, and permittee guarantees and accepts responsibility for all reclamation work for the life of the surface mining operation and for a period of two years after completion of such operation or such greater period as may be determined necessary to assure the permanence of physical reclamation features.

(Ord. 79-114; Pub.Res.C. § 2774).

Reclamation of mined areas shall take place as soon as practicable following completion of surface mining operations. When simultaneous or concurrent reclamation is practicable, the reclamation plan shall include a timetable for commencing and completing such reclamation 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.

(Ords. 2000-18 § 7; 79-1 14; Pub.Res.C. § 2772(f)).

88-11.818 - Disposal of overburden and mining waste.

(a)

Permanent on-site disposal of overburden and mining waste shall be compatible with the probable future uses of the site. The land surface shall be made stable, and adequate drainage shall be provided. Final disposal of such materials shall not be in the form of apparently artificial piles or dumps of overburden or

mining waste. To the maximum extent practicable, grading shall be designed to blend with the natural terrain features of the area.

(b)

Toxic materials shall be removed from the site or shall be protected and isolated to prevent leaching.

(c)

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

(Ord. 79-114).

88-11.820 - Drainage, erosion and sediment control.

(a)

Any temporary stream or watershed diversion shall be restored in final reclamation to its condition prior to surface mining operations, unless the planning agency determines restoration is unnecessary.

(b)

Regrading and revegetation shall be designed and carried out to minimize erosion, to provide for drainage

to natural outlets or interior basins designed for water storage, and to eliminate closed depressions and similar catchments that could serve as breeding areas for insects.

(c)

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

(d)

Final grading and drainage shall be designed to prevent discharge of sediment loads higher than before mining operations.

(e)

Upon reclamation, the operator shall preclude or eliminate any condition which 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.

(Ord. 79-114).

Final slope gradients shall assure 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. They shall not exceed the critical gradient as determined by an engineering analysis of the slope stability. Additionally, they shall not:

(1)

Be incompatible with the alternate future uses anticipated for the site; or

(2)

Be hazardous to persons that may use the site under the alternate future uses anticipated for the site; or

(3)

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

(Ord. 79-114).

All fill shall be compacted to avoid excessive settlement and to the degree necessary to accommodate anticipated future uses. If future uses of the site include streets or structures for human occupancy, or if an engineered fill is necessary as a safety measure, fill emplacement shall conform to the requirements of Division 716 of this code. Material used as fill shall be of a quality suitable to prevent contamination and pollution of groundwater.

(Ord. 79-114).

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.

(Ord. 79-114).

All lands permanently exposed by mining operations shall be revegetated, except as the director of community development determines this to be technically infeasible or detrimental. Revegetation methods and plant materials utilized shall be appropriate for the site's topographical, soil and climatic conditions, and native species shall be used wherever practicable.

(Ords. 2000-18 § 8; 79-114).

All bodies of water created by the reclamation plan are subject to approval.

(Ord. 79-114).

Additional requirements to carry out the intent of this chapter may be required.

(Ord. 79-114; Pub.Res.C. §§ 2772—2774).

(a)

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the county will require, as a condition of approval, security which will be released upon satisfactory performance. The applicant may pose 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 Mining and Geology Board 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 Contra Costa and the State Department of Conservation.

(b)

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, 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 estimates for the financial assurance shall be submitted to the community development department for review and approval prior to the operator securing financial assurances. The director of community development will 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 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 may approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

(d)

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 should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the director of community development. 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, and the actual administrative costs. Financial assurances to ensure compliance

rly licensed and qualified professionals retained by the operator and approved by the director of community development. 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, and the actual administrative costs. Financial assurances to ensure compliance

with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved rehabilitation 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)

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, consequently, the county or State Department of Conservation may contract with a third party commercial company for reclamation of the site.

(f)

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).

(g)

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 the reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim for reclamation scheduled for completion during the coming year.

(h)

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.

(Ords. 2000-18 § 9; 79-114; Pub.Res.C. § 2774).

The county may establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including, but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the county, at the time of filing of the land use permit and/or reclamation plan application, and at such other times as are determined by the county to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

(Ords. 2000-18 § 10; 79-114; Pub. Res.C. § 2774).

Amendments to an approved reclamation plan may be submitted to the planning agency at any time, detailing proposed changes. Substantial deviations from the approved plan shall not be undertaken until such amendment has been filed with and approved by the planning agency. Amendments to an approved plan shall be processed and considered as provided in Section 88-11.808 for reclamation plans.

(Ord. 79-114; Pub. Res.C. § 2777).

(a)

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the community development department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including, but not limited to, all site approval conditions, and shall provide measures the operator shall 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 department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

(b)

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

(c)

Upon receipt of a complete proposed IMP, the community development department will forward the IMP to the State Department of Conservation for review. The IMP will be submitted to the State Department of Conservation at least thirty days prior to approval by the zoning administrator.

(d)

Within sixty days of receipt of the proposed IMP, or a longer period mutually agreed upon by the director of community development and the operator, the zoning administrator will review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the director of community development, to submit a revised IMP. The zoning administrator will approve or deny the revised IMP within sixty days of receipt. If the zoning administrator denies the revised IMP, the operator may appeal that action to the planning commission.

(e)

The IMP may remain in effect for a period of not to exceed five years, at which time the zoning administrator may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

(Ord. 2000-18; § 11).

Article 88-11.10. Other Requirements

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the county community development department 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 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.

(Ord. 2000-18; § 12).

88-11.1002 - Periodic inspection of operations.

(a)

The community development department will arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 88-11.1001, to determine whether the surface mining operation is in compliance with the approved land use 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 or state-registered civil engineer who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve months, as selected by the director of community development. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The community development department will notify the State Department of Conservation within thirty days of completion of the inspection that said inspection has been conducted, and will forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

(b)

The director of community development may require the operator and permittee to submit such information as may be necessary to determine compliance.

(Ords. 2000-18 § 12; 79-114; Pub.Res.C. § 2774).

Whenever the director of community development determines that a surface mining operation is not in compliance with the terms of the approved land use permit or reclamation plan or the provisions of this chapter, or that the soil or other conditions are not as stated on the permit, the director will notify the permittee of such fact in writing requiring compliance within a stated reasonable time from the date of such notice. If the permittee has not, within the stated time, complied with the terms of the permit or the approved reclamation plan or the requirements of this chapter, or given reasonable assurances that such steps are being taken to comply, the director of community development may schedule a public hearing to consider revoking the land use permit or the approval of the reclamation plan. The issue of revocation shall

be considered and determined in the manner and for causes as provided by Article 26-2.20 of this code for conditional use permits.

(Ords. 2000-18 § 12; 79-114; Pub.Res.C. § 2774).

Whenever one applicant operator or permittee succeeds, by sale, assignment, transfer, conveyance, exchange, inheritance, or other means, to the interest of another in any incompleted surface mining operation or reclamation, the successor shall be bound by the provisions of the approved land use permit and reclamation plan and the provisions of this chapter. The new operator must notify the community development department of such transfer within thirty days thereof.

(Ords. 2000-18 § 12; 79-114: Pub.Res.C. § 2779).

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resources 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 Public Resources Code Section 2762, the county's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within twelve months of receipt from the State Mining and Geology Board of such information. Land use decisions within the county will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will 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. 2000-18; § 12).

In the event of a natural disaster, such as high water conditions and potential for flooding or levee failure, the director of community development may authorize extended hours or weekend operations at a quarry that is a source of rock for emergency operations.

(Ord. 2000-18; § 12).