Chapter 17.42 — MINING AND RECLAMATION

This chapter is adopted in compliance with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), as amended, referred to in this chapter as SMARA; Public Resource Code Section 2207, and California Code of Regulations Section 3500 et seq. The council hereby finds and declares that:

A.

The continued and potential extraction of minerals is important to the economic well-being of the city and the needs of society; therefore, reclamation of mined lands is necessary to prevent or minimize adverse affects on the environment and to protect the public health and safety; and

B.

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 therefore may

vary accordingly.

The requirements of this chapter apply to all surface mining operations, except for activities that meet the following criteria:

A.

Excavations or grading conducted for farming or on-site construction, or to restore land following a flood or natural disaster;

B.

Prospecting for, or extracting minerals for commercial purposes and the removal of overburden in a total amount of less than one thousand cubic yards in any one location of one acre or less;

C.

Surface mining operations required by federal law to protect a mining claim, if the operations are conducted solely for that purpose;

D.

Other mining operations that the city determines to be of an infrequent nature and that involve only minor surface disturbances consistent with SMARA Sections 2714(d) and 2758(c).

This chapter shall be continuously reviewed and revised as necessary to ensure that it is in compliance with State requirements for mined land reclamation.

Definitions of the technical terms and phrases used in this chapter are under "mining and reclamation" in Article 10 (glossary).

The provisions of the California Surface Mining and Reclamation Act of 1975 (SMARA - Public Resources Code Section 2710 et seq.), Public Resources Code Sections 2207 and California Code of Regulations 3500 et seq., as either may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if they were fully set forth here, except that when a provision of this chapter is more restrictive than a conflicting state provision, this chapter shall prevail unless the requirements of this chapter prevent compliance with Public Resources Code Sections 2207 and 2710 et seq., or California Code of Regulations Section 3500 et seq.

A.

Requirements for Surface Mining. Except as provided in SMARA Section 2776, any person who proposes to engage in surface mining operations shall, prior to the commencement of operations:

1.

Use Permit Approval. The approval of a use permit in compliance with Section 17.72.060 (use permits and minor use permits);

2.

Reclamation Plan Approval. The approval of a reclamation plan in compliance with this chapter; and

3.

Financial Assurances. Provide related financial assurances in compliance with this chapter and SMARA Article 5.

B.

Reclamation Requirement. A reclamation plan, consistent with SMARA standards, is required for all mining operations. Reclamation shall:

1.

Prevent, mitigate or minimize adverse effects on the environment.

Encourage the production and conservation of minerals.

3.

Provide for the protection and subsequent beneficial use of mined and reclaimed land.

4.

Eliminate residual hazards to the public health and safety.

5.

Ensure that mined lands are reclaimed on a timely basis to a usable condition that is readily adaptable for alternative land uses.

6.

Avoid the environmental and legal problems created by improperly abandoned mines.

C.

Exemption for Vested Right Operations. No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit in compliance with this chapter as long as the vested right continues, provided that no substantial change is made in that operation except in compliance with this chapter; however, reclamation plans and related financial assurances shall be required for the mining operations in compliance with Subsection D., and Section 17.42.080 (financial assurance for reclamation). A person shall be deemed to have a vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization as required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

D.

Reclamation Plan Required. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the department and receive, within a reasonable time, approval of a reclamation plan for operations to be conducted after January 1, 1976 (in compliance with Public Resources Code Section 2770(b)). Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or reclamation of, mined lands on which surface mining operations were commenced and terminated prior to January 1, 1976.

E.

Notification of Department of Conservation. The Director of the California Department of Conservation shall be notified of all filings, approvals, alterations, or changes to related permit applications.

A.

Application Requirements. An application for a use permit for surface mining, and/or reclamation plan approval shall comply with Chapter 17.70 (permit application filing and processing), and Section 17.72.060 (use permits and minor use permits), and SMARA Section 2772.

1.

Multiple Applications. If an application for a mining permit and reclamation plan is submitted by the same applicant on the same property or properties, the planning department may, combine both the applications and the review into one public hearing.

2.

Referrals. Within thirty days of receiving a complete permit application, the department shall route for comment pertinent application information on the proposed mining operation and reclamation plan to the following.

a.

The Director of the Department of Conservation, who shall also receive for review all documentation on financial assurances submitted to the county in compliance with Section 17.42.080 (financial assurance for reclamation).

b.

The California Department of Transportation shall be notified of the filing of permit applications for mining and reclamation projects that are proposed in a 100-year flood plain (based on Zone A of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs)) and/or within one mile upstream or downstream of any state highway bridge.

A minimum forty-five-day review and comment period shall be provided for state agency review. The comment period may be combined with the environmental review of the project in compliance with CEQA.

3.

SCS Review. Use permit application review and processing may include the possible involvement of the U.S. Soil Conservation Service (SCS), or the hiring of an outside consultant retained by the city at the applicant's expense, as determined by the director.

B.

Review Procedures. The review of and a decision on a use permit for surface mining and/or a reclamation plan shall comply with the procedures in Chapter 19.70 (permit application filing and processing), and Section 17.72.060 (use permits and minor use permits), and Chapter 17.92 (public hearings), as applicable.

1.

Compliance with CEQA. Prior to approving a use permit application for mining and/or reclamation plans environmental review shall be completed in accordance with the California Environmental Quality Act Guidelines.

2.

Public Notice. Public noticing for a use permit and/or reclamation plan application scheduled for review by the commission shall require notification of all residents, businesses and property owners located within a minimum of one thousand feet from the perimeter of the property upon which the proposed activity is to occur.

The approval of a reclamation plan shall require that the review authority first find that

A.

The reclamation plan complies with SMARA Sections 2772, 2773 and 2773.1 and any other applicable requirements;

B.

The reclamation plan complies with applicable requirements of the California Code of Regulations Section 3500 et seq.;

C.

The reclamation plan and potential use of reclaimed land in compliance with the plan are consistent with this chapter, the general plan, and any other applicable resource plan or element;

D.

All significant adverse environmental impacts associated with the surface mining operation will be mitigated to the extent feasible through implementation of the reclamation plan;

E.

Operations as proposed will not adversely affect properties or occupants in zones allowing single or multiple dwellings;

F.

The reclamation plan restores the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the applicable zone; and

G.

The reclamation plan considers applicable policies and actions of the mineral management element of the general plan.

Where the city engineer determines that the cost of the reclamation of the mined lands in compliance with the reclamation plan requires financial assurances to the city, the following procedure shall be followed:

A.

Each year, prior to a specified date, the mine operator shall submit to the city engineer a map or written description of the approximate area to be disturbed during the following year, and an estimate of the cost of the reclamation of that area in compliance with the approved or amended reclamation plan. The estimate of cost shall be subject to review and confirmation by the city engineer.

B.

A corporate surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the city and as adopted by the mining and geology board, conditioned upon the faithful performance of the following year's reclamation, and in a form approved by the city attorney, shall be filed with the city. The surety shall be executed in favor of the city and the department of conservation, and shall be maintained in an amount equal to the confirmed cost estimate. Financial assurances shall be submitted for review by the director of the department of conservation at least forty-five days prior to city approval of the reclamation plan.

C.

Prior to acceptance of financial assurance, the city engineer shall determine whether the prior year's reclamation has been accomplished in compliance with the approved or amended reclamation plan. Consideration shall be given to the phasing of reclamation in an area where operations are to extend beyond a year.

D.

The financial assurance shall be released upon written notification by the city. In compliance with SMARA Section 2773.1(c), notification of any release of financial assurance shall be forwarded to the operator and the director of the department of conservation specifying that the reclamation plan has been completed in accordance with the approved plan.

A.

Types of Amendments. An amendment involves a change in the area or scope of operation, the reclamation plan, the ultimate physical condition of the site, or the proposed use of the land. The city engineer shall determine whether the change is a minor deviation (minor amendment) or a substantial change (major amendment) to the original permit or plan.

1.

Minor Amendment. A minor amendment to the permit and/or plan shall not be undertaken until change has been filed with, and approved by the director and the city engineer.

2.

Major Amendment. A major amendment to the plan or permit shall not be undertaken until such amendments have been filed with, and approved by, the planning commission by the same procedure as set forth in Section 14G-06 [17.42.060] of this chapter.

B.

Time for Filing Request. Any amendment to an approved reclamation plan and/or related financial assurance shall be forwarded to the director for review at least forty-five days prior to the approval of the amendment.

A.

Timing of Inspections. As a condition of approval for the permit or reclamation plan, or both, a schedule of periodic inspections of the site shall be established to evaluate continuing compliance with the use permit and the reclamation plan. Inspections shall be made at least once a year.

B.

Inspection Form and Personnel. Each inspection shall be conducted using a form provided by the state mining and geology board. Each inspection shall be conducted by a state-registered geologist, stateregistered civil engineer, state-licensed landscape architect, state-registered forester, or other qualified specialist, as selected by the city engineer but, shall not be conducted by the operator or a person who has been employed by the operator or surface mining operation in any capacity during the previous twelve months.

C.

City Engineer's Inspection. The city engineer, within six months of receiving the inspection report, shall conduct an inspection of the project site to verify the accuracy of the inspection report.

D.

Financial Guarantee for Inspections. The applicant/operator shall post a bond or other financial guarantee to cover the costs of all inspections. Failure by the permittee to allow inspections shall constitute grounds for revocation of the permit.

E.

Financial Guarantee and Change of Ownership. If the mining operation is sold, or ownership is otherwise transferred, the existing financial assurance shall remain in force and shall not be released by the lead agency until new financial assurances are secured by the new owner and have been approved by the city and the director of the department of conservation.

Unless otherwise specified in the use permit, the time limit for commencing a surface mining operation shall be one year from the date of approval of the use permit.

Within ninety days after a mining operation becomes idle, the operator shall submit to the city engineer for review and approval an interim management plan in compliance with SMARA Section 2770. The interim management plan shall include details of how the mine will be managed for the period that the mine remains idle. Within sixty days of the receipt of a complete interim management plan, the city shall take action to approve or deny the plan. The processing of the interim management plan shall be the same as an amendment to a reclamation plan in compliance with Section 17.42.090 (reclamation plan amendments).

When property annexed into the city has an active mining operation and reclamation plan approved by the county, the city shall become and accept all lead agency responsibilities as defined in SMARA. All related documents, agreements and financial assurances obligations shall be transferred from the county to the city by agreement, approved as to the form required by the state mines and geology board, between the operator, the county the city and the director of the department of conservation. Existing financial assurances for reclamation plan performance shall be amended to name the city and the California Department of Conservation as payees. The agreement shall be executed prior to certification of the annexation by the Nevada County Local Agency Formation Commission.

A.

Exception to Public Records. Reclamation plans, reports, applications and other documents submitted in compliance with this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of the information, or part of the information, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information.

B.

Information to Be Provided to the Division of Mines and Geology. The city shall furnish a copy of all permits, reclamation plans, reports, applications and other documents submitted in compliance with this chapter, including proprietary information, to the district geologist of the state division of mines and geology.

C.

Proprietary Information. Proprietary information shall be made available to persons other than the state geologist only when authorized by the mine operator and by the mine owner in compliance with SMARA Section 2778.

Whenever on operator succeeds to the interest of another in any incomplete surface mining operations by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter.

If the city engineer, 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 or the related financial assurance requirements, the applicable permit and/or the reclamation plan, the city shall follow the procedures in SMARA Sections 2774.1 and 2774.2 regarding violations and penalties, including the provisions of Chapter 17.98 (enforcement) of this development code for revocation of a use permit.