Imperial County Municipal Code Ch. 2 Implementation

A. Applications for a site approval(s) or a reclamation plan approval for a surface mining or land reclamation projects shall be made on forms provided by the planning department or upon format required by the county. Said applications shall be filed in accordance with this division and procedures to be established by the planning department. The forms for a reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 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 planning director. Twenty (20) copies of the reclamation plan/conditional use permit and/or mining application shall be submitted to the planning department.

B. For surface mining operations that are exempt from a site approval pursuant to this chapter, the reclamation plan application shall include information concerning the site approval that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the county at one time.

C. Applications shall include all required environmental review forms and information prescribed by the planning department.

D. Upon completion of the environmental review procedure and filing of all documents required by the planning department, consideration of the site approval or reclamation plan for the proposed or existing surface mine shall be completed pursuant to this title at a public hearing before the planning commission, and pursuant to Section 2774 of the Public Resources Code.

E. Within thirty (30) days of acceptance of an application for a mining operation for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred (100) year flood plain 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 department shall also notify the State Department of Transportation that the application has been received.

F. The planning department shall process the application(s) through the environmental review process pursuant to the California Environmental Quality Act (Public Resources Code Sections 2100 et seq.) and the county's environmental review guidelines.

G. Subsequent to the appropriate environmental review, the planning department shall prepare a staff report with recommendations for consideration by the planning commission.

H. The planning commission shall hold at least one noticed public hearing on the mining permit and/or reclamation plan.

I. Prior to final approval of a reclamation plan, financial assurances (as provided in this division), or any amendments to the reclamation plan or existing financial assurances, the planning department shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a mining permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the mining permit. However, the planning commission may defer action on the mining permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the mining permit with the condition that the planning department shall not issue the mining permit for the mining conditions 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.

Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance. The planning department shall evaluate written comments received, if any, from the State Department of Conservation during the comments periods. Staff 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 department shall be promptly forwarded to the operator/applicant.

J. The planning commission shall then take action to approve, conditionally approve, or deny the mining permit reclamation plan, and to approve the financial assurances pursuant to PRC Section 2770(d).

K. The planning department shall forward a copy of each approved mining permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable.

L. The manner of setting hearings, conducting investigations, giving notices and conducting hearings shall be prescribed under this title.

M. After the matter has been heard and considered, the planning commission may do any or all of the following:

1. Approve, approve subject to conditions, or disapprove any application for permit which it has considered;

2. Approve, approve subject to conditions, or disapprove any reclamation plan which it has considered;

3. Approve, approve subject to conditions, or disapprove any proposed amendment to an approved reclamation plan or any proposed amendment of other terms and conditions of a permit or reclamation plan;

4. Determine if the posting of security is necessary to guarantee reclamation in accordance with any approved reclamation plan or amended reclamation plan and fix the amount of security.

(Ord. 1415 § 310, 2006)

A. All reclamation plans shall comply with the provisions of SMARA (Sections 2772 and 2773) and state regulations (CCR Sections 3500 through 3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700 through 3713).

B. The county 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 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 plans 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 phrase; (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.

(Ord. 1415 § 312, 2006; prior code § 92002.01)

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

(Ord. 1415 § 314, 2006)

A. Site Approvals. In addition to any findings required by Title 9, site approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

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

1. That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

2. That the reclamation plan complies with applicable requirements of state regulations (CCR Sections 3500—3505 and Sections 3700—3713);

3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the county's general plan and any applicable resource plan or element;

4. That the reclamation plan has been reviewed pursuant to CEQA and the county's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values;

6. That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

7. That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the county's position is at variance with the recommendations and objections raised by the State Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted.

(Prior code § 92002.03)

A. To ensure that reclamation will proceed in accordance with the approved reclamation plan, the county shall 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 site approval's approved reclamation plan. Financial assurances shall be made payable to the county of Imperial, the State Department of Conservation, and the Bureau of Land Management when applicable.

B. Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, re-vegetation 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 planning department for review and approval prior to the operator securing financial assurances. The planning department 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 forty-five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate. The planning director shall have the discretion to 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 planning director. 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 re-vegetation, 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, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent (10%) 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 need to 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 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.

H. Revisions to financial assurances shall be submitted to the planning department each year no later than February 1st 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, for the exception of the cost-of-living index.

(Ord. 1415 § 316, 2006)

A. Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the planning 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 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 planning department, and shall be processed as an amendment to the reclamation plan. IMP's shall not be considered a project for the purposes of environmental review.

Financial assurances for idle operations shall be maintained as though the operations were active, or as otherwise approved through the idle mine's IMP. Upon receipt of a complete proposed IMP, the planning department 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 thirty (30) days prior to approval by the planning department.

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning department shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The planning department shall approve or deny the revised IMP within sixty (60) days of receipt. If the planning department denies the revised IMP, the operator may appeal that action to the planning commission.

B. The IMP may remain in effect for a period not to exceed five years, at which time the planning department 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. 1415 § 318, 2006)

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the county planning 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 (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.

(Prior code § 92002.06)

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 92002.06, to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. The 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 twelve (12) months, or other qualified specialists, as selected by the planning director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The planning department shall notify the State Department of Conservation within thirty (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. The operator shall be solely responsible for the reasonable cost of such inspection.

(Prior code § 92002.07)

If the planning department, 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 site approval, any required permit and/or the reclamation plan, the county shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the county for revocation and/or abandonment of a site approval which are not pre-empted by SMARA.

Where a mining operation has commenced prior to approval of a mining permit and/or prior to the approval of a reclamation plan, a penalty shall be assessed against the owner and/or operator as follows:

A. An immediate penalty of one thousand dollars ($1,000.00) plus doubling of all processing fees;

B. A penalty of five thousand dollars ($5,000.00)/day for each day the operation continues after having been ordered to close;

C. A penalty of fifty thousand dollars ($50,000.00) against any owner/operator that fails to comply with a second notice to cease. This shall be in addition to the five thousand dollars ($5,000.00)/day under subsection B of this section.

(Prior code § 92002.08)

Any person aggrieved by an act or determination of the planning department in the exercise of the authority granted herein, shall have the right to appeal to the planning commission or the board of supervisors, whichever is the next higher authority. An appeal shall be filed on forms provided, within ten (10) calendar days after the decision or action of the department.

(Prior code § 92002.09)

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 site approval 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.

(Prior code § 92002.10)

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 county's general plan.

In accordance with PRC Section 2762, the county's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use designations 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.

(Prior code § 92002.11)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Prior code § 92002.12)