El Dorado County Municipal Code Ch. 8.36 Surface Mining and Reclamation

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State Law reference— California Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq.

This chapter shall be referred to as the Surface Mining and Reclamation Ordinance.

(Code 1997, § 8.36.010; Ord. No. 4467, 11-4-1997)

A. The County recognizes that the extraction of minerals is essential to the continued economic well-being of the County and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The County also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly.

B. The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code § 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1, Section 3500 et seq.), to ensure that:

1. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

2. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

3. Residual hazards to the public health and safety are eliminated.

(Code 1997, § 8.36.020; Ord. No. 4467, 11-4-1997)

The definitions set forth in this section shall govern the construction of this chapter, except where the context clearly indicates a different meaning:

Area of local significance means an area designated by the County Board of Supervisors, upon the consideration of recommendation by the Planning Commission, which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the County and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of the mineral resource.

Area of regional significance means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

Area of statewide significance means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the State and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

Borrow pits means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

Compatible land uses means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

Haul road means a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

Idle means surface mining operations curtailed for a period of one year or more, with the intent to resume those surface mining operations at a future date, by more than 90 percent of the operation's previous maximum annual mineral production, within any of the last five years during which an interim management plan has not been approved.

Incompatible land uses means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

Mined lands means the surface water, subsurface water, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

Minerals means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

Mining waste means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from or displaced by surface mining operations.

Operator means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.

Overburden means the soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.

Reclamation means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

Streambed skimming means excavation of sand and gravel from streambed deposits above the mean summer water level or stream bottom, whichever is higher.

Surface mining operations means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to:

A. In-place distillation or retorting or leaching;

B. The production and disposal of mining waste;

C. Prospecting and exploratory activities;

D. Borrow pitting;

E. Streambed skimming; and

F. Segregation and stockpiling of mined materials and recovery of same.

(Code 1997, § 8.36.030; Ord. No. 4467, 11-4-1997)

The provisions of SMARA (California Public Resources Code § 2710 et seq.), California Public Resources Code § 2207, and California Code of Regulations § 3500 et seq., 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 the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative State provisions, this chapter shall prevail.

(Code 1997, § 8.36.040; Ord. No. 4467, 11-4-1997)

A. Application of chapter. Except as provided in this chapter, no person shall conduct surface mining operations unless a special use permit, reclamation plan, and financial assurances for reclamation have first been approved by the County. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the County, including, but not limited to, the application of CEQA, the requirement of special use or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the County, public and private.

B. Exceptions. This chapter shall not apply to the following activities, subject to the exceptions reference in Subsection A of this section:

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 which are an integral and necessary part of a construction project that are 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, subject to all of the following conditions:

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, the California Environmental Quality Act ("CEQA," California Public Resources Code Division 13, Section 21000 et seq.).

b. The County's 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 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, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

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 for industrial or commercial use, or are contained within a zoning category intended exclusively for industrial activities by the County.

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. Emergency excavations or grading conducted by the State Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

8. Road construction and maintenance for timber or forest operations with an approved timber harvest plan if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with Board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses 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 2 watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

9. 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 that comply with all of the following conditions:

a. The operations are consistent with the general plan and zoning applicable to the site.

b. The operations are being conducted in accordance with Division 3 (commencing with Section 3000) of the Public Resources Code.

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 1997, § 8.36.050; Ord. No. 4467, 11-4-1997)

A. Permit not required. No person who has established a vested right to conduct surface mining operations as a legal nonconforming use prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, State regulations, applicable State law, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, said person shall obtain County approval of a reclamation plan and financial assurances covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

B. Other requirements applicable. All other requirements of State law and this chapter shall apply to vested mining operations.

(Code 1997, § 8.36.060; Ord. No. 4467, 11-4-1997)

A. Granting authority. The Planning Commission shall be the granting authority for the review and approval of the reclamation plan, including such cases as when a combination application, reclamation plan, special use permit, and/or rezoning, is filed.

B. Application for permit or plan. Applications for a special use permit and/or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Department of Planning and Building. Said application shall be filed in accordance with this chapter and procedures to be established by the Director of Planning and Building. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Public Resources Code §§ 2772 and 2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the Director of Planning and Building. As many copies of the special use permit application and/or reclamation plan, and supporting documents as may be required by the Director of Planning and Building shall be submitted to the Department of Planning and Building.

C. Submission of plan. As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for a special use permit for surface mining operations. For surface mining operations that are exempt from a special use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the County at one time.

D. Required information. Applications shall include all required environmental review forms, special studies, and information prescribed by the Director of Planning and Building.

E. Consideration pursuant to statute. Upon completion of the environmental review procedure and filing of all documents required by the Director of Planning and Building, consideration of the special use permit and/or reclamation plan for the proposed or existing surface mine shall be completed at a public hearing before the Planning Commission, and pursuant to Public Resources Code § 2774.

F. Time limit to file with State. Within 30 days of acceptance of an application for a special use permit for surface mining operations and/or a reclamation plan, as complete, the Department of Planning and Building shall notify the State Department of Conservation of the filing of the application.

G. Review plan and cost estimate. The Department of Planning and Building shall, within 60 days, review the reclamation plan and financial assurance cost estimate. Said review shall be limited to whether the reclamation plan and financial assurance cost estimate substantially meets the applicable requirements of Public Resources Code §§ 2772, 2773, and 2773.1, the State Reclamation Regulations (California Code of Regulations §§ 3500 through 3505, and California Code of Regulations §§ 3700 through 3713), and this chapter. The operator shall have 60 days to submit the revised reclamation plan and financial assurance cost estimate addressing the identified deficiencies to the County for review and approval.

H. Processing application. Following the determination of application completeness, the Department of Planning and Building shall process the application, begin the initial consultation review process and cause the preparation of the appropriate environmental documents pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and the County's environmental review guidelines.

I. Review by State. Pursuant to Public Resources Code § 2774(d), the State Department of Conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review and comment on the financial assurance. The Planning Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. The Department of Planning and Building shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the State's 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 Commission shall be promptly forwarded to the operator/applicant. Whenever mining operations are proposed 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 Department of Planning and Building shall also notify the State Department of Transportation.

J. Staff report. Subsequent to the appropriate environmental review, the Department of Planning and Building shall prepare a staff report with recommendations for consideration by the Planning Commission.

K. Hearing. The Planning Commission shall hold at least one noticed public hearing on the special use permit application and/or reclamation plan.

L. Final approval.

1. Prior to final approval of a reclamation plan or any amendments to the reclamation plan, the Planning Commission shall certify to the State Department of Conservation that the reclamation plan complies with the applicable requirements of State law, and submit the plan, or amendments to the State Department of Conservation for review. If a special use permit application is being processed concurrently with the reclamation plan, the Planning Commission may also simultaneously conceptually approve the special use permit. However, the Planning Commission may defer action on the special use permit until taking final action on the reclamation plan. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the special use permit with the condition that the special use permit shall not become effective until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances by the County.

2. The Planning Commission shall then take action to approve, conditionally approve, or deny the special use permit and/or reclamation plan pursuant to Public Resources Code § 2770(d).

M. Approval plan or permit to State. The Department of Planning and Building shall forward a copy of each approved special use permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation within 30 days following the approval. By July 1 of each year, the Department of Planning and Building shall submit to the State Department of Conservation for each active or idle mining operation a copy of the special use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

N. Amendments. Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the approved reclamation plan shall not be undertaken until the amendment has been filed with, and approved by, the Planning Commission. Minor deviations from the approved reclamation plan may be approved by the Director of Planning and Building where a finding can be made that the minor deviation substantially conforms with the approved reclamation plan.

(Code 1997, § 8.36.070; Ord. No. 4467, 11-4-1997; Ord. No. 5051, § 2, 4-18-2017)

A. Compliance with regulations. All reclamation plans shall comply with the provisions of SMARA (Public Resources Code §§ 2772 and 2773) and State regulations (California Code of Regulations §§ 3500 through 3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial deviations to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (California Code of Regulations §§ 3700 through 3713).

B. Impose additional standards. The Planning Commission may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of Countywide performance standards.

C. Reclamation phases. 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. 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:

1. The beginning and expected ending dates for each phase;

2. All reclamation activities required;

3. Criteria for measuring completion of specific reclamation activities; and

4. Estimated costs for completion of each phase of reclamation.

(Code 1997, § 8.36.080; Ord. No. 4467, 11-4-1997)

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said response shall be kept by the Department of Planning and Building in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed and notarized statement of responsibility to the Department of Planning and Building for placement in the permanent record.

(Code 1997, § 8.36.090; Ord. No. 4467, 11-4-1997; Ord. No. 5051, § 2, 4-18-2017)

A. Special use permit. Special use permit approvals for surface mining operations shall include a finding that the project complies with the provisions of Surface Mining and Reclamation Act of 1975, as amended, and the State Mining and Geology Board Reclamation Regulations (California Code of Regulations Title 14, Division 2, Chapter 8, Subchapter 1).

B. Reclamation plan. For reclamation plans, the following findings shall be required:

1. That the reclamation plan complies with SMARA Sections 2772 and 2773; and the applicable requirements of the State Reclamation Regulations (California Code of Regulations §§ 3500 through 3505, and California Code of Regulations §§ 3700 through 3713).

2. That the reclamation plan restores the mined lands to a usable condition which is readily adaptable to alternative land uses pursuant to the plan consistent with this chapter, the general plan, and any applicable specific plan or community plan.

3. That the reclamation plan is not considered detrimental to the public health, safety, and welfare.

4. That the County's written response to the State Department of Conservation has been prepared and considered by the decision-making body. Said response adequately describes the disposition of major issues raised by the Department of Conservation and where the County's position is at variance with the recommendations and objections raised by the State Department of Conservation, the County's response addresses, in sufficient detail, why the recommendations and objections were not accepted.

(Code 1997, § 8.36.100; Ord. No. 4467, 11-4-1997)

A. Security required. To ensure that reclamation will proceed in accordance with the approved reclamation plan, the County shall require, as a condition of approval, security which shall be released upon satisfactory performance. The applicant may pose security in the form of a surety bond acceptable in form to the County and secured in a manner acceptable to the County, trust fund, or an irrevocable letter of credit from an accredited financial institution 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 and the State Department of Conservation.

B. Compliance required. Financial assurances will be required to ensure compliance with all elements 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, removal of structures and equipment, and other measures if necessary.

C. Cost estimates. Cost estimates for the financial assurance shall be submitted to the Department of Planning and Building for review and approval prior to the operator securing financial assurances. The Director of Planning and Building 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 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 Planning and Building shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and State regulations.

D. Basis for assurance amount. 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 State-registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Director of Planning and Building. 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, 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, reasonable profit by a commercial operator other than the permittee, and inspections and administration by the County and/or persons under contract by the County. A contingency factor of ten percent shall be added to the cost of financial assurances.

E. Abandonment of operations. 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 need to contract with a third party commercial company for reclamation of the site.

F. Effective period. 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. 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 operator may not claim credit for reclamation scheduled for completion during the coming year.

H. Revisions. Revisions to financial assurances shall be submitted to the Director of Planning and Building each year prior to the anniversary date for approval of the financial assurances. Said revisions shall be forwarded to the State Department of Conservation for review in accordance with this section. 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 detail, in writing, why revisions are not required.

(Code 1997, § 8.36.110; Ord. No. 4467, 11-4-1997; Ord. No. 5051, § 2, 4-18-2017)

A. Submission of plan. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Department of Planning and Building a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARAs including, but not limited to, all special use permit approval 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 Department of Planning and Building, 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 assurance. Financial assurances for idle operations shall be maintained as though the operation were active.

C. Forward plan to State. Upon receipt of a complete proposed IMP, the Department of Planning and Building 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 30 days prior to approval by the Director of Planning and Building.

D. Approval or denial of plan. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director of Planning and Building and the operator, the Director of Planning and Building shall review and approve or deny the IMP in accordance with this chapter. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director of Planning and Building, to submit a revised IMP. The Director of Planning and Building shall approve or deny the revised IMP within 60 days of receipt.

E. Effective period. The IMP may remain in effect for a period not to exceed five years, at which time the Director of Planning and Building 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.

F. Special use permit. For operations for which an IMP has been approved by the Director of Planning and Building or submitted to the Director of Planning and Building for review, the special use permit shall be considered active and not subject to expiration.

(Code 1997, § 8.36.120; Ord. No. 4467, 11-4-1997; Ord. No. 5051, § 2, 4-18-2017)

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the Department of Planning and Building 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 30 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.

(Code 1997, § 8.36.130; Ord. No. 4467, 11-4-1997; Ord. No. 5051, § 2, 4-18-2017)

A. Requirements. The Department of Planning and Building shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 8.36.130 to determine whether the surface mining operation is in compliance with the approved special use permit conditions 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, State-registered civil engineer, State-licensed landscape architect, or State-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Director of Planning and Building. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

B. Notify State; payment of cost.

1. The Department of Planning and Building shall notify the State Department of Conservation within 30 days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator.

2. The operator shall be solely responsible for the reasonable cost of such inspection, including the cost of persons under contract to the County to perform such inspections.

C. Failure to allow inspection. Failure by the operator to allow such required inspections by the Department of Planning and Building or other responsible County department shall constitute grounds for revocation of the special use permit or termination of the vested mining activity.

(Code 1997, § 8.36.140; Ord. No. 4467, 11-4-1997; Ord. No. 5051, § 2, 4-18-2017)

The County shall 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 special use permit application, 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.

(Code 1997, § 8.36.150; Ord. No. 4467, 11-4-1997)

A. Protection authorized. Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource 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 general plan.

B. Update of plan and maps; other requirements. In accordance with Public Resources Code § 2762, the County's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within 12 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.

(Code 1997, § 8.36.160; Ord. No. 4467, 11-4-1997)

A. Proprietary information. Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public record, unless it can be demonstrated to the satisfaction of the lead agency that the release of the information, or part thereof, would reveal production, reserves or rate of depletion and title to protection as proprietary information. The granting authority shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the State Department of Conservation and to persons authorized in writing by the operator.

B. Documents furnished to State. A copy of all reclamation plans, reports, applications and other documents submitted pursuant to this chapter shall be furnished to the State Department of Conservation by the granting authority upon request.

(Code 1997, § 8.36.170; Ord. No. 4467, 11-4-1997)

Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange or other means, the successor shall be bound by the provisions of the approved special use permit and/or reclamation plan and the provisions of this chapter.

(Code 1997, § 8.36.180; Ord. No. 4467, 11-4-1997)

A. Any person aggrieved by an act or determination of the Department of Planning and Building or the Planning Commission in the exercise of the authority granted herein shall have the right to appeal to the Board of Supervisors. An appeal shall be filed on forms provided by the Department of Planning and Building together with applicable fees, within ten working days after the rendition, in writing, of the appealed decision. The appeal of a special use permit shall be subject to the procedures described in Chapter 2.09. It is the intent of this section that there shall be a single administrative appeal available for all decisions made pursuant to this chapter and that all such appeals shall be made directly to the Board of Supervisors.

B. All appeal hearings shall be public hearings wherein all interested persons may address the Board of Supervisors; provided, however, all discussion and evidence presented shall be limited to those items relevant to the determination of the issues on appeal as specified by the appellant, or those matters which the Board of Supervisors determines within its discretion to be appropriate. No new matter which was not raised before the approving authority shall be raised before the Board of Supervisors.

(Code 1997, § 8.36.190; Ord. No. 4567, 10-24-2000; Ord. No. 5051, § 2, 4-18-2017)

If the Director of Planning and Building, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable, special use permit approval and/or the reclamation plan, the County shall follow the procedures set forth in Public Resources Code §§ 2774.1 and 2774.2 concerning violations and penalties (administrative fines), as well as the relevant portions of Title 130 governing revocation of a special use permit.

(Code 1997, § 8.36.200; Ord. No. 4467, 11-4-1997; Ord. No. 5051, § 2, 4-18-2017)