Lake County Municipal Code Ch. 24 Surface Mining and Reclamation

Footnotes:

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Editor's note— Ord. No. 2533, § 1, adopted July 5, 2000, amended Ch. 24 in its entirety. Prior to amendment, Ch. 24, §§ 24-1—24-16, derived from Ord. No. 995, § 1, adopted Jan. 23, 1978, as amended by Ord. No. 1046, adopted Aug. 23, 1978, amended §§ 24-15.1, 24-15.2, 24-15.3, 24-15.4; Ord. No. 1137, adopted Apr. 29, 1980, amended §§ 24-4.1, 24-4.2, 24-4.3, 24-4.4, 24-4.5, 24-4.6; Ord. No. 1202, adopted Jun. 16, 1981, amended § 24-4.6; Ord. No. 1205, adopted Jun. 23, 1981, amended § 24-12; Ord. No. 1469, adopted May 14, 1985, amended § 24-12; Ord. No. 1506, adopted Sep. 3, 1985, amended §§ 24-13, 24-16.1, 24-16.2; Ord. No. 1507, adopted Sep. 3, 1985, amended § 24-4.6; and Ord. No. 1601, adopted Oct. 14, 1986, amended §§ 24-6, 24-12.1, 24-12.2, 24-12.3, 24-12.4, 24-13A.1, 24-13A.2, 24-13A.3, 24-13A.4, 24-13A.5

Cross reference— Building regulations, Ch. 5; subdivision regulation, Ch. 17; zoning, Ch. 21.

1.1 This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, as amended, which is set forth at Public Resources Code Sections 2710 et seq., (hereinafter referred to as "SMARA"), Public Resources Code Section 2207, relating to annual reporting requirements, and the State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice. (California Code of Regulations (hereinafter "CCR"), Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.)

For purposes of this chapter, the following words and phrases are used as herein defined:

(a) Area of regional significance. 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.

(b) Area of statewide significance. 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.

(c) Board. The Board of Supervisors of the County of Lake.

(d) Compatible land uses. Land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicuitural, grazing, and open space.

(e) Commission. The Planning Commission of the County of Lake.

(f) Department. The Community Development Department of the County of Lake.

(g) Director. The Director of the Community Development Department of the County of Lake.

(h) Gravel extraction. The removal of aggregate streambed deposits within the active channel of a stream, or the removal of aggregate from a flood control facility.

(i) Idle. Surface mining operations curtailed for a period of one year or more, by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

(j) Incompatible land uses. 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.

(k) Mined lands. The surface, subsurface, 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.

(l) Minerals. 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.

(m) Minimum standards for administrative gravel permits shall mean that:

(1) Gravel extraction shall occur no deeper than one foot above thalweg or one foot above the water level at low flow (five (5) cfs); whichever is higher.

(2) Extraction shall occur on the gravel bar at a slope of no less than two (2) percent from the vertical extraction limit sloping upwards to the stream bank.

(3) Days and hours or operation shall be established to minimize impacts to adjacent land uses.

(4) Creek bank vegetation shall not be unduly disturbed.

(5) Gravel extraction shall occur only during no flow or low flow periods.

(6) Gravel extraction shall only take place within the active channel of a stream or from a flood control facility.

(7) All applicable local, State and Federal agency regulations shall be met.

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

(o) Overburden. Soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.

(p) Person. Any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.

(q) Reclamation. 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.

(r) SMARA. The Surface Mining and Reclamation Act of 1975, as amended, which is set forth at Public Resources Code Section 2710 et seq.

(s) Stream mile. The distance upstream from the mouth, confluence, or County-line as mapped in the Aggregate Resource Management Plan.

(t) Surface mining operations. 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, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, gravel extraction, and segregation and stockpiling of mined materials (and recovery of same).

(u) Use permit or permit to mine. A use permit issued pursuant to the Lake County Zoning Ordinance.

(v) Thalweg. A line joining the deepest points along a stream, i.e., the low point of the low flow channel.

(Ord. No. 2533, § 1, 7-5-2000)

(a) Excavations or grading conducted for the purpose of restoring land following a flood or natural disaster or for farming. The exemption for farming, (excavations or grading that is wholly integral and necessary to the conduct of agricultural activities), does not apply to the exportation of mineral materials, including overburden, from a parcel or contiguous parcels that is in excess of one thousand (1,000) cubic yards.

(b) 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:

(1) All required permits for the clearing of native vegetation, grading, 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 (hereinafter "CEQA", Public Resources Code, Division 13, Section 21000 et seq.).

(2) The County's approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA.

(3) The approved construction project is consistent with the County's General Plan or zoning of the site.

(4) 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.

(c) 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:

(1) The plant site is located on lands designated for industrial or commercial uses in the County's General Plan.

(2) The plant site is located on lands zoned industrial or commercial, or is contained within a zoning category intended exclusively for industrial activities by the County.

(3) None of the minerals being processed are being extracted on-site.

(4) 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.

(d) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less, including materials removed pursuant to an administrative gravel permit.

(e) 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.

(f) 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.

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

(h) (1)

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to on-site excavation or grading that occurs within one hundred (100) feet of a Class One watercourse or seventy-five (75) feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.

(2) This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the Department of Forestry and Fire Protection.

(i) The removal of silt, sediment, and other materials from a flood control facility by the Department of Water Resources, State Reclamation Board, Department of Public Works, Special Districts Administration, Lake County Flood Control and Water Conservation District, or other public entity, or its designee, pursuant to 14 CCR Section 3505(a)(2).

(Ord. No. 2533, § 1, 7-5-2000)

(a) An inventory of existing and potential mining sites;

(b) A discussion of types and methods of mining and processing methods;

(c) An analysis of the aggregate supply versus the demand in Lake County;

(d) Management policies for aggregate mining and reclamation; and

(e) A program environmental impact report so as to enable the issuance of permits to mine and approval of reclamation plans without additional environmental review, except as may be required by an application that exceeds the scope of the ARMP.

(a) The Deputy Director of the Department of Public Works, Water Resources Division, or his designee, deems that the operation is clearly beneficial for flood or erosion control or habitat restoration purposes;

(b) The Community Development Director, or his designee, determines that no significant adverse environmental effects would result;

(c) No such permit shall allow gravel extraction in excess of one thousand (1,000) cubic yards in any one location of one acre or less, or involve extraction in an area greater than one acre;

(d) No such permit shall be inconsistent with the Aggregate Resource Management Plan;

(e) No such permit shall allow gravel extraction contrary to the minimum standards for administrative gravel permits;

(f) No such permit shall be issued until the requirements of Section 24-5.2 have been met;

(g) When applicable, the requirements of Sections 24-5.3 and 24-5.4 have been met; and

(h) Notwithstanding the foregoing, the Deputy Director of the Department of Public Works, Water Resources Division, may approve gravel extraction exceeding the minimum standards for administrative gravel permits, as defined in subsection 2.1(m), if he determines that such a deviation is necessary for flood control purposes to protect lives and property.

5.2 No person shall conduct gravel extraction operations involving the extraction of more than fifty (50) cubic yards and less than a one thousand (1,000) cubic yard of aggregate without first obtaining an administrative gravel permit from the Department. A fee or fees, as established by ordinance of the Board of Supervisors to recover the administrative costs of processing the administrative gravel permit shall be paid to the Department at the time of filing. Applications for an administrative gravel permit shall be made on forms provided by the Department. Within thirty (30) days of application, the Department shall either:

(a) Approve the permit; or

(b) If applicable, mail a notice pursuant to Section 24-5.3 informing the public that it intends to approve a permit; or

(c) Request additional information from the applicant, including, but not limited to detailed site maps, and studies to determine whether such an application meets the criteria set forth in Section 24-5.1 above; or

(d) Deny the requested permit.

(a) Notice of said permit application is mailed not less than ten (10) days prior to the intended issuance date, to the owners of all property contiguous to the proposed extraction site and contiguous to the creek for a distance of seven hundred (700) feet up and down stream from the property line of the proposed extraction site, as shown on the last equalized assessment roll informing said owners that they may file with the Department a written protest to the issuance of the subject permit;

(b) Notice of said permit application is mailed not less than ten (10) days prior to the intended issuance date to persons or organizations who have requested such notices; and

(c) No written protests are received from owners, persons or organizations notified herein within ten (10) days of the date of mailing of the required notice protesting the findings and conclusions justifying the issuance of the permit.

(1) Adobe Creek below Highland Creek and Adobe Creek dams;

(2) Kelsey Creek, from Clear Lake to stream mile 10.04;

(3) Middle Creek, excluding the engineered flood control channel;

(4) Scotts Creek; and

(5) North Fork of Cache Creek below Indian Valley Reservoir.

(1) Middle Creek between stream miles 0 and 2.5 and between stream miles 5.87 and 6.70;

(2) Clover Creek between stream miles 0.71 and 2.49;

(3) Manning Creek between stream miles 0.85 and 2.95;

(4) Upper Kelsey Creek;

(5) St. Helena Creek upstream of stream mile 1.58;

(6) Putah Creek between stream miles 13.9 and 15.81 and upstream of stream mile 20.4; and

(7) Seigler Canyon Creek.

(Ord. No. 2533, § 1, 7-5-2000)

Applications shall include all required environmental review forms and information prescribed by the Community Development Director. Information required shall include a surface mining operations map and a final reclamation map prepared by either:

(a) A state registered geologist;

(b) A state-registered professional engineer;

(c) A state-licensed landscape architect;

(d) A certified professional in erosion and sediment control; or

(e) Other qualified professional acceptable to the Director.

Applications shall also include:

(a) A cost estimate for financial assurances; and

(b) Other information needed to meet the requirements of Section 24-9 to provide adequate financial assurances.

(a) Conduct an environmental review of the application as required by CEQA and pursuant to the County's Environmental Protection Guidelines;

(b) Review the application for consistency with the ARMP; and

(c) Determine the adequacy of the proposed financial assurances.

7.8 Subsequent to the State review period provided for by Section 24-10, and the environmental review provided for by Section 24-7.7, the Department shall prepare a staff report to the Commission reporting and making recommendations on:

(a) Comments, if any, of the Director of the Department of Conservation;

(b) Appropriate environmental actions and approvals;

(c) Consistency of the application with the ARMP;

(d) The adequacy of the financial assurances proposed by the applicant; and

(e) Such other information as appropriate.

(a) The reclamation plan complies with the requirements of Public Resources Code Sections 2772 and 2773;

(b) The reclamation plan complies with the applicable requirements of the State regulations found at 14 CCR Sections 3500 through 3505 and 3700 through 3713;

(c) The reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the ARMP;

(d) The reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the County's General Plan; and

(e) When applicable, a written response to the State Department of Conservation pursuant to Section 24-7.11 has been prepared.

8.1 All reclamation plans shall comply with the provisions of SMARA, (Public Resources Code Sections 2772 and 2773), the State regulations (14 CCR Sections 3500 — 3505), and the ARMP. Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (14 CCR Sections 3700 — 3713).

8.3 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:

(a) The beginning and expected ending dates for each phase;

(b) All reclamation activities required;

(c) Criteria for measuring completion of specific reclamation activities; and,

(d) Estimated costs for completion of each phase of reclamation.

(Ord. No. 2533, § 1, 7-5-2000)

10.1 Prior to the approval of a surface mining operations reclamation plan, financial assurances, including existing financial assurances reviewed by the County pursuant to subdivision (c) of Public Resources Code Section 2770, or any amendments, the Department shall submit the plan, assurances or amendments to the Director of the Department of Conservation for review in compliance with the requirements of Public Resources Code Section 2774(c).

12.1 The Department shall arrange for inspection of a surface mining operation within six (6) months of receipt of the Annual Report required in Section 24-12.2, to determine whether the surface mining operation is in compliance with the approved permit to mine 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 twelve (12) months, or other qualified specialists, as selected by the Community Development Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The 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.

Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan. The fee for a reclamation plan amendment shall be one-half the standard application fee for a reclamation plan.

Any permit or license of any type issued by any department or officer of the County of Lake, issued in conflict with the provisions of this chapter is hereby declared to be null and void.

14.2 (a) The following officers and employees of the Department are hereby given arrest and citation powers pursuant to Section 836.5 of the Penal Code:

(1) Community Development Director;

(2) Principal Planner;

(3) Environmental Officer; and

(4) Zoning Code Compliance Officers.

(b) The above-named officers and employees shall enforce the provisions of this chapter and all other laws relating to surface mining operations in the unincorporated areas of the County of Lake.

(a) An infraction by a fine not exceeding one hundred dollars ($100.00) for a first violation;

(b) A fine not exceeding two hundred dollars ($200.00) for a second violation;

(c) A fine not exceeding five hundred dollars ($500.00) for each additional violation; or

(d) As a misdemeanor by a fine of not more than one thousand dollars ($1000.00); or

(e) By imprisonment in the County jail for a period of not more than six (6) months; or

(f) By both such fine and imprisonment; or

(g) By the imposition of administrative penalties as set forth in subsection 14.5 below.

Each separate day, or any portion thereof, on which any violation occurs shall be deemed to constitute a separate offense punishable as herein provided.

14.4 Any surface mining operations, building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter and any use of land or buildings operated or maintained contrary to the provisions of this chapter are hereby declared to be public nuisances. The County Counsel, upon order of the Board of Supervisors, shall commence the necessary action or proceedings for the abatement, removal and enjoinment thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or chapter.

14.5 If the Community Development Director, 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 permit to mine, any other required permit and/or the reclamation plan, the Community Development Director may recommend to the Commission that proceedings be initiated to impose administrative penalties pursuant to Public Resources Code Section 2774.1 et seq. If the Commission determines that there are grounds for the imposition of administrative penalties, it shall follow the procedures set forth in Public Resources Code Section 2774.1 et seq.

15A.1 The Commission shall have the power to hear and decide administrative appeals based on the enforcement or interpretation of the provisions of this chapter. The application and process for administrative appeals shall be as set forth in Section 58.10 of Chapter 21 of this Code. Within thirty (30) days of the issuance of an order setting administrative penalties, pursuant to Section 24-14.5, the operator may appeal such order to the Board of Supervisors.

15A.2 Any person who has been issued a written notice of violation or stop work order for any violation of a provision of this chapter by a County official or employee authorized to enforce said provisions, may, within seven (7) calendar days of receipt of said notice of violation or stop work order, file an administrative appeal in writing to said determination of violation to the Commission after payment of the required fee. Enforcement actions which consist of the issuance of a citation for a violation of this chapter shall not be appealable.

15A.3 Upon receipt of such administrative appeal and any required fee, the Commission shall set the matter for hearing at the next available regularly scheduled meeting of the Commission. Notice of the time and place of the hearing shall be provided to the appellant at the time of filing the appeal.

15A.4 Within forty-five (45) days after the close of the hearing, the Commission may either sustain the decision being appealed or render such new decision, as it considers appropriate. Notice of the decision of the Commission shall be mailed to the appellant and/or applicant within fifteen (15) calendar days.

15A.5 The Commission decisions on all enforcement appeals shall be final. Commission decisions on administrative appeals not initiated by a County enforcement action shall be appealable to the Board of Supervisors in accordance with the provisions of Section 58.30 et seq. of Chapter 21 of this Code.

(Ord. No. 2533, § 1, 7-5-2000)