Corona Municipal Code Ch. 19.08 Surface Mining Permits and Reclamation Plans

Any person who owns, leases or otherwise controls or operates on all, or any portion of, mined lands, and who plans to commence or expand any surface mining operations on such lands, and is required to comply with this chapter, shall, prior to the commencement or expansion of such operations, submit an application in compliance with this chapter to obtain a surface mining permit and approval of a reclamation plan.

(`78 Code, § 19.08.010.) (Ord. 2386 § 1 (part), 1999.)

(A) The application for a surface mining permit and approval of a reclamation plan shall be on forms provided by the Planning Director.

(B) The application shall include, at a minimum, the following:

(1) The name and address of the applicant, and if different, the surface mining operator and the names and addresses of any persons designated by the operator as an agent for the service of process;

(2) The names and addresses of the owners of all surface interests and mineral interests in the lands that will be directly affected by the surface mining operations;

(3) The information for a surface mining permit as set forth in § 19.08.030;

(4) A reclamation plan for the mined lands as set forth in § 19.08.040;

(5) Cost estimates for the reclamation security as set forth in § 19.08.050;

(6) A statement of responsibility as set forth in § 19.08.180;

(7) Any other information the Planning Director determines is necessary for the city’s review of the activities proposed in the application.

(`78 Code, § 19.08.020.) (Ord. 2386 § 1 (part), 1999.)

When required by this chapter, an application for a surface mining permit shall provide, at a minimum, the following information:

(A) The size and legal description of the lands that will be directly affected by the surface mining operations and a map or maps showing the boundaries and topographic details of such lands, the location of all streams, roads, railroads, sewage disposal systems, groundwater basins, water wells and utility facilities within 500 feet of the site and the location of all proposed access roads to be constructed for the surface mining operation;

(B) A description of the general geology of the surrounding area and a detailed description of the geology of the area in which surface mining operation is to be conducted, including a description of depth to groundwater on the site and the quality of the groundwater;

(C) The anticipated progression of the surface mining operations, including the proposed dates for the initiation and termination of the operations and a time frame for each phase of operations;

(D) A description of and plan for the type of surface mining operation to be employed, including the complexity of the operation and the manner and degree to which the mined lands will be disturbed;

(E) A time schedule for completion of surface mining operations on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operations;

(F) The maximum anticipated depth of the surface mining operations;

(G) The location of equipment, stockpiles, settling ponds, interim drainage systems, machinery and waste dumps in the areas to be mined and the nature, quantity and location of any explosives to be stored at the site;

(H) The nature and extent of any discharge of liquid waste that may occur at the site, including, where applicable, the direction of flow, methods of containment and potential risk of water groundwater contamination;

(I) The method of handling simultaneous excavation and reclamation, if applicable;

(J) The anticipated type and amount of minerals to be removed from the site and the truck routes to be used, the amount of mining waste to be retained on the site and the amount of mining waste to be disposed off-site, including the method and location of disposal and the truck routes to be used;

(K) The anticipated hours of operation, the maximum anticipated noise levels during operating hours and the location and intensity of any lights to be used at the site;

(L) The methods of dust control and noise suppression to be employed at the site;

(M) The location and design of any structures to be erected at the site.

(`78 Code, § 19.08.030.) (Ord. 2386 § 1 (part), 1999.)

When required by this chapter, a reclamation plan for mined lands shall include, at a minimum, the following information, taking into account the particular characteristics of the mined lands and the surrounding area, including the type of overburden, soil stability, topography, geology, climate, stream characteristics, groundwater resources and principal mineral commodities:

(A) All information required by state regulations §§ 3500 through 3505;

(B) All information required by state guidelines §§ 3700 through 3713 for any reclamation approved after January 15, 1993, or reclamation plan for a proposed new mining operation or for any substantial amendment to a previously approved reclamation plans;

(C) The environmental setting of the operation site and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands;

(D) A description of the proposed or potential uses of the mined lands after reclamation and evidence that all owners of a possessory interest in the mined lands have been notified of the proposed or potential uses;

(E) The methods to be used to reclaim the land, including a detailed schedule of the sequence and timing of all stages of the reclamation;

(F) The manner in which derelict machinery, mining waste and scrap will be removed from the reclaimed site and how contaminants will be controlled;

(G) The manner in which affected stream bed channels and stream banks will be rehabilitated to a condition minimizing erosion and sedimentation;

(H) The methods to be used to ensure that the site will contain stable waste piles and slopes;

(I) The anticipated physical condition of the site upon the completion of all reclamation and the proposed use or potential uses of the reclaimed site;

(J) A map or maps which will delineate through the use of cross-sections and elevations the physical characteristics of the land upon the conclusion of reclamation, including a topographic map showing the location of the reclaimed land;

(K) An explanation of how reclamation of the site may affect the future use of the area for mining purposes, including the effect the proposed reclamation may have upon the site’s remaining resources;

(L) An explanation of how the reclaimed site shall be, to the extent reasonable and practicable, revegetated for soil stabilization, made free of drainage and erosion problems, coordinated with present and anticipated future land use and rendered compatible with the topography and general environment of surrounding property;

(M) A statement of how the public health and safety will be protected for the duration of the mining operations, giving consideration to the degree and type of present and probable future exposure of the public to the site;

(N) A statement that the applicant accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan.

(`78 Code, § 19.08.040.) (Ord. 2386 § 1 (part), 1999.)

When required by this chapter, a cost estimate for security that shall be posted to ensure complete performance of the approved reclamation plan shall be submitted in accordance with the following procedures.

(A) The estimated security shall be based on the following factors:

(1) The costs estimates of reclamation for the years or phases in the 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 operations in the upcoming year;

(2) An analysis of physical activities necessary to implement the reclamation plan, the unit costs for each of these activities, the number of units of each of these activities and the actual administrative costs;

(3) Cost estimates to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat and any other applicable element of the approved reclamation plan, including, but not limited to, costs for labor, equipment, materials, mobilization of equipment, administration and reasonable profit by a commercial operator other than the operator.

(B) Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the applicant and approved by the Planning Director.

(C) A contingency factor of 10% shall be added to the estimated security.

(D) In projecting the estimated security, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

(`78 Code, § 19.08.050.) (Ord. 2386 § 1 (part), 1999.)

(A) Applicants must file with the Planning Director a completed application, accompanied by the filing fee then in effect. Any application which is incomplete shall not be accepted for processing. No application shall be deemed complete unless and until the applicant has provided, in adequate detail, all information required under § 19.08.020. It is the duty of the applicant to supplement an incomplete application.

(B) Upon receipt of an application or any supplement thereto, the Planning Director shall promptly determine whether the application is complete and shall, within 30 days of receipt thereof, inform the applicant in writing of the determination. The written notice shall specify which parts of the application are incomplete. The time limitations for processing a permit shall not begin to run until the application is accepted as complete by the Planning Director.

(C) An applicant may appeal from the Planning Director’s decision regarding the completeness of an application by filing his or her application and a copy of the Planning Director’s written determination with the City Clerk and requesting a hearing before the Council. The Council shall set the appeal for hearing by the Council at its next regular meeting. Upon such appeal, the Council may reverse, affirm or modify in any regard the Planning Director’s determination. There shall be a final written determination by the Council on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal.

(D) Within 30 days of the Planning Director’s determination that an application is complete, the Planning Director shall notify the Department of Conservation of the filing of the application.

(E) If the proposed surface mining operation is located in the 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning Director shall also notify the State Department of Transportation that a completed application has been filed.

(F) Upon completing an environmental review of the application in accordance with CEQA, or if no CEQA review is required then upon the Planning Director’s determination the application is complete, the Planning Director shall certify to the Department of Conservation that the information in the application complies with the requirements of state law and shall submit the application and any information related to a CEQA review of the application to the Department of Conservation. The Department of Conservation shall have 30 days to review and comment on the surface mining permit and the reclamation plan and 45 days to review and comment on the reclamation security. The Planning Director shall evaluate any written comments received from the Department of Conservation during the comment period and shall prepare a written response describing the disposition of the major issues raised in the comments. If the disposition is at variance with the recommendations and objections raised in the comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Planning Director shall be promptly forwarded to the applicant.

(G) Upon completion of all procedures for review of a completed application, including all required notification and review by other public agencies, a public hearing shall be held before the Planning Commission as hereinafter provided.

(H) Nothing in this section shall preclude the applicant and the city from mutually agreeing to an extension of any time limit provided by this section.

(`78 Code, § 19.08.060.) (Ord. 2386 § 1 (part), 1999.)

The public hearing to consider the granting of the application shall be conducted in accordance with the following provisions:

(A) The hearing date shall be set by the Planning Director for not less than ten days, nor more than 45 days, after the period for comments on the application from the Department of Conservation has expired under § 19.08.060(F);

(B) Notice of the public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property. The notice shall be published at least once in a newspaper of general circulation in the city not less than ten days before the hearing date;

(C) (1) In addition to the published notice, written notice shall be either:

(a) Mailed, postage prepaid, not less than ten days before the hearing date, to the owners of all property within a radius of 500 feet of the exterior boundaries of the subject property; or

(b) Posted in front of the subject property not less than ten days prior to the date of the hearing.

(2) Any such posted notice shall include the words "NOTICE OF PROPOSED SURFACE MINING PERMIT" printed in plain type with letters of not less than one inch in height and shall contain a statement in legible characters setting forth a description of the subject property, the nature of the proposed surface mining permit and the time and place at which the public hearing on the matter will be held before the Commission. The notice may also be posted at intervals of not more than 150 feet along each street or public way within 500 feet of the external boundaries of the subject property.

(D) Not less than ten days nor more than 30 days after publication of the legal notice of a public hearing on the application, the Commission shall hold the public hearing.

(`78 Code, § 19.08.070.) (Ord. 2386 § 1 (part), 1999.)

(A) The public hearing shall be conducted before the Planning Commission, which may for any reason, when it deems such action necessary or desirable, continue the hearing to a time and place certain.

(B) The names and addresses of all persons testifying at the public hearing, copies of all notices, affidavits, postings and publications and a record of the action taken shall be part of the permanent files of the case.

(`78 Code, § 19.08.080.) (Ord. 2386 § 1 (part), 1999.)

The Commission shall make its findings and determination within 35 days from the date of completion of the final public hearing on an application and shall forthwith transmit copies thereof to the applicant and to the City Clerk. The decision shall be final unless appealed to the Council in accordance with § 19.08.130.

(`78 Code, § 19.08.090.) (Ord. 2386 § 1 (part), 1999.)

(A) Neither the Commission nor the Council may grant an application unless it has first found from the evidence admitted during the hearing before the Commission or Council all of the following:

(1) The proposed surface mining operations and reclamation plan will not be detrimental to the public health, safety or general welfare and will be in harmony with various elements and objects in the city’s General Plan;

(2) The surface mining operations will be located in a zone in which such operations are a permitted use;

(3) The site for the surface mining operations is adequate in size and shape to accommodate those operations and the intended reclamation of the mined lands;

(4) The site for the surface mining operations relates properly to streets and highways that are designed to carry the type and quality of traffic that will be generated by those operations;

(5) The surface mining operations will not pose a threat to the city’s groundwater resources or have any adverse impact upon the city’s ability to utilize those resources;

(6) The reclamation plan submitted by the applicant is sufficient in all respects to prevent or mitigate any adverse effects on the environment caused by the mining operations and gives adequate consideration to values relating to groundwater supply, recreation, watershed, wildlife, range and forage and aesthetic enjoyment;

(7) The reclamation plan will adequately provide for the protection and subsequent beneficial use of the mined lands by:

(a) Ensuring that the land is returned to a usable condition which is readily adaptable for alternative land uses; and

(b) The land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends with, the surrounding natural environment, topography and other resources or suitable off-site development will compensate for related disturbances to resource values;

(8) The reclamation plan complies with SMARA and the state regulations;

(9) All procedures required by CEQA have been completed and all other laws have been complied with.

(B) In any hearing or proceeding held for the purpose of considering the issuance of a surface mining permit, the applicant shall bear the burden of producing sufficient evidence to enable the Commission or Council to make the findings required by this section.

(`78 Code, § 19.08.100.) (Ord. 2386 § 1 (part), 1999.)

(A) In granting an application, the Commission or Council may impose such conditions as are reasonably deemed necessary and desirable to protect the public health, safety and general welfare. Any such conditions shall be in addition to the condition required by § 19.16.040 and any other conditions required by this title. Each application approval shall be conditioned upon the applicant’s completion of the work outlined in the applicant’s reclamation plan within the time limits specified in the plan. The Commission or Council may, in its discretion, impose different time limits, in which case the applicant shall agree to complete the reclamation work within the time limits specified by the Commission or Council.

(B) To ensure the applicant will comply with all terms of the approved 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, the Commission or Council shall require, and the applicant shall post, security in an amount and in the manner set forth herein.

(1) The amount of security shall be based on the estimate provided in the application but shall be an amount which the city reasonably determines is adequate to perform reclamation in accordance with the approved reclamation plan.

(2) The applicant may post 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 city and the State Board as specified in state regulations. The security shall be made payable to the city and the Department of Conservation.

(3) The security shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

(4) The amount of security 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 security shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

(5) All revisions to the security shall be submitted to the Planning Director each year prior to the anniversary date for approval of the security. The security 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 applicant shall explain, in writing, why revisions are not required.

(`78 Code, § 19.08.110.) (Ord. 2386 § 1 (part), 1999.)

No surface mining permit granted by the Commission or Council pursuant to this chapter shall become effective until ten days after the date of the Commission or Council resolution approving the application or until the effective date specified in the permit, provided that any date so specified shall be at least ten days after the date of the resolution.

(`78 Code, § 19.08.120.) (Ord. 2386 § 1 (part), 1999.)

(A) Each decision made by the Commission with respect to an application shall be final unless appealed within the time period prescribed in this section or unless the Council initiates a review of the decision pursuant to the provisions of this section.

(B) Any person aggrieved or affected by any final determination made by the Commission in considering an application, including any condition imposed thereon, may no later than ten days from the date of the decision file a written notice of appeal therefrom. The notice of appeal shall be filed in triplicate with the City Clerk and shall state therein the grounds for the appeal and the specific factual or legal errors it is alleged were committed by the Commission in its consideration of the application. The City Clerk shall forthwith transmit one copy of the notice of appeal to the Planning Director and one copy to the Commission by delivering it to the Commission’s Secretary.

(C) The Council may itself initiate a review of the Commission’s decision or determination by a majority vote of those Council members voting on the issue at or before the next regular Council meeting following the Commission’s determination. The Council order may be by motion. No error need be cited in that motion. The Commission’s Secretary shall present to the Council at or before its next meeting following the Commission’s determination a certified copy of the Commission’s resolution of determination.

(D) On the date a notice of appeal is filed pursuant to this section, or on the date the Council orders a review of the Commission’s determination or condition, all proceedings in furtherance of the determination or condition appealed from or ordered to be reviewed by the Council, including the effective date of the permit in question, shall be stayed until the final determination by the Council of the appeal or Council-initiated review.

(E) In the case of any appeal or Council-initiated review of a decision of or condition imposed by the Commission, the Council shall order the matter set for a public hearing, and the hearing shall be noticed as provided in § 19.08.070. At the hearing before the Council, the Council shall hear the matter de novo; however, the documents and minutes of the hearing before the Commission shall be a part of the Council’s record at its hearing on the matter. The Council may continue the hearing for any reasonable and proper purpose. Within a reasonable time after the close of the hearing, the Council shall make its decision sustaining, reversing or modifying the decision of the Commission. The Council shall adopt its decision by resolution. The Council shall forthwith transmit copies of its findings and determination to the applicant and to the City Clerk.

(F) Any person aggrieved by a decision of the Council under this section concerning a proposed surface mining operation in an area of statewide or regional significance, as defined in Public Resources Code §§ 2726 and 2727, may, within 15 days of the decision, appeal the decision to the State Board pursuant to Public Resources Code § 2775.

(`78 Code § 19.08.130.) (Ord. 2386 § 1 (part), 1999.)

No person shall reapply for a permit for surface mining operations on the same land within a period of one year from the date of the final decision on any previous application unless such decision is a denial without prejudice.

(`78 Code, § 19.08.140.) (Ord. 2386 § 1 (part), 1999.)

Any surface mining permit granted pursuant to this title shall become null and void if the surface mining operations authorized by the permit are not commenced within three years from the effective date of the permit or within the time limit set in the conditions of approval, provided that such time limit shall not exceed three years. Once commenced, all authorized surface mining operations shall be pursued diligently to completion.

(`78 Code, § 19.08.150.) (Ord. 2386 § 1 (part), 1999.)

Subject to city approval, a surface mining permit or an approved reclamation plan may be amended at any time. All proposed amendments shall be submitted on forms provided by the Planning Director. The proposed amendment may be approved by the Planning Director if such amendment will not substantially alter the terms of the current reclamation plan, will not delay the operator’s completion of the reclamation plan and will not have an adverse on impact environment or the public health or safety; all other amendments shall be heard and processed in the same manner as an application under this chapter.

(`78 Code, § 19.08.160.) (Ord. 2386 § 1 (part), 1999.)

(A) Reclamation plans, reports, applications and other documents submitted pursuant to this title shall be public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or a part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application.

(B) The Planning Director shall forward a copy of each application approved under this chapter to the Department of Conservation. By July 1 of each year, the Planning Director shall submit to the Department of Conservation, for each active or idle mining operation, a copy of any amendments to any surface mining permit or reclamation plan or a statement that there have been no changes during the previous year.

(`78 Code, § 19.08.170.) (Ord. 2386 § 1 (part), 1999.)

Any person submitting a reclamation plan or an amendment thereof for approval under this chapter shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. The statement shall be kept by the Planning Director in the surface mining operation's permanent record. Upon sale or transfer of the surface mining operation or the mined lands, the new operator or owner shall submit a signed statement of responsibility to the Planning Director for placement in the permanent record.

(`78 Code, § 19.08.180.) (Ord. 2386 § 1 (part), 1999.)

(A) Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Director a proposed Interim Management Plan ("IMP"). The proposed IMP shall fully comply with the requirements of SMARA and this chapter, including but not limited to all conditions of approval for the applicable surface mining permit and the reclamation plan 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 HVT shall be submitted on forms provided by the Planning Director and shall be processed as an amendment to the reclamation plan for the idle surface mining operations. Pursuant to Public Resources Code § 2770(h), IMPs shall not be considered a project for the purposes of environmental review under CEQA.

(B) All reclamation security for the idle surface mining operations shall be maintained as though the operation were active.

(C) Upon receipt of a complete proposed HVT, the Planning Director shall forward the IMP to the Department of Conservation review. The IMP shall be submitted to the Department of Conservation at least 30 days prior to approval by the Commission.

(D) Within 60 days of receipt of the proposed IMP, or longer if mutually agreed upon by the Planning Director and the operator, the Commission shall review and approve or deny the IMP in accordance with procedures set forth in this chapter.

If the IMP is denied, the operator shall have 30 days, or longer if mutually agreed upon by the Planning Director and the operator, to submit a revised IMP. The Commission shall approve or deny the revised IMP within 60 days of receipt. If the Commission denies the revised IMP, the operator may appeal that action to the City Council in accordance with the procedures in this chapter.

(E) The IMP may remain in effect for a period not to exceed five years, at which time the Commission may renew the RAP for another period not to exceed five years, or require the operator to commence reclamation in accordance with its approved reclamation plan.

(F) For purposes of this section, the term "idle" means to curtail for a period of one year or more surface mining operations by more than 90% of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

(`78 Code, § 19.08.190.) (Ord. 2386 § 1 (part), 1999.)

Unless review of an IMP or an appeal of an IMP decision is pending before the city, a surface mining operation which remains idle for over one year without obtaining approval of an IMP shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan for the abandoned surface mining operation.

(`78 Code, § 19.08.200.) (Ord. 2386 § 1 (part), 1999.)