Chapter 24 — SURFACE MINING AND RECLAMATION

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.

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.)

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.

continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore vary accordingly.

County for which special consideration must be given to minimize the adverse effects of the environment.

(Ord. No. 2533, § 1, 7-5-2000)

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)

Management Plan (ARMP) which shall be an element of the Lake County General Plan. The ARMP shall contain:

(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.

financial assurances, and amendments to an approved reclamation plan shall be consistent with the ARMP.

(Ord. No. 2533, § 1, 7-5-2000)

designee, and the Deputy Director of the Department of Public Works, Water Resources Division or his designee, acting jointly, may issue administrative gravel permits for gravel extraction provided that:

(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.

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.

as being over-extracted, downcut, or environmentally sensitive unless:

(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.

hereunder within ten (10) days of the date of mailing of notification, the administrative permit shall be

deemed appealed to the Commission. The appeal hearing shall be scheduled for the next available regular meeting of the Commission and shall be noticed in the manner provided for in Section 24-5.3.

(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)

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, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he shall obtain County approval of a reclamation plan 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-SMARA and post-SMARA mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of SMARA (January 1, 1976).

to mine, reclamation plan, and financial assurances for reclamation have first been approved by the County or an administrative gravel permit has been approved. 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 a grading permit, minor use permit or other permits, conditions of an extraordinary use agreement, 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 unincorporated County, both public and private.

shall be made on forms provided by the Department. Said application shall be filed in accordance with this chapter and procedures to be established by the Community Development Director. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772-2773) 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. As many copies of the permit to mine and reclamation plan applications as may be required by the Director shall be submitted to the Department. A fee or fees as established by ordinance of the Board of Supervisors to recover the administrative costs of processing the permit to mine and reclamation plan shall be paid to the County of Lake at the time of filing.

with all applications for a permit to mine for surface mining operations. All documentation for the reclamation plan shall be submitted to the County at one time.

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.

The person submitting the reclamation plan shall also sign a statement

accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the Department in the mining operations permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Department for placement in the permanent record.

and/or a reclamation plan, the Department shall notify the State Department of Conservation of the filing of the application(s) so that the review provided for by Section 24-10 may be completed. Except for administrative gravel permit applications, whenever mining operations are proposed in the 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 Department shall also notify the State Department of Transportation that the application has been received.

(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.

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.

public hearing before the Commission for purposes of considering the appropriate environmental actions, the proposed permit to mine, the reclamation plan, and the financial assurances. Said hearing shall be noticed in a manner as required by the Lake County Zoning Ordinance for the permit to mine.

received, if any, from the State Department of Conservation during the comment periods. The Department's staff report shall contain a response describing the disposition of the major issues raised by the State for the Commission's approval. If the Commission's actions are at variance with the recommendations and

objections raised in the State's comments, the Commission's actions shall include a written response which addresses in detail why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Commission shall be forwarded to the operator.

the permit to mine, the reclamation plan and the financial assurances pursuant to Section 24-9. A reclamation plan shall not be approved unless the Commission finds that:

(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.

approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the Department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the permit to mine or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(Ord. No. 2533, § 1, 7-5-2000)

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).

projects, as warranted, or through the formulation and adoption of Countywide performance standards.

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)

reclamation plan, the Commission shall require, as a condition of approval, financial assurances which shall remain in effect for the duration of the surface mining operations and any additional period until reclamation is completed and any other term or condition of the permit to mine has been completed to the satisfaction of the Community Development Director. The applicant may propose 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 Commission and the State Mining and Geology Board as specified in State regulations, and which the Commission reasonably determines is adequate to perform reclamation in accordance with the surface mining operations approved by the reclamation plan. Financial assurances shall be made payable to the County of Lake and the State Department of Conservation.

elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

recommendation to the Commission. The Department shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the Director of the

Department of Conservation pursuant to Section 24-10 for review. If the Director of the 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, unless the County has reason to determine that additional costs may be incurred.

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 in the upcoming year. Cost estimates shall be prepared by a California registered professional engineer and/or other similarly licensed and qualified professional retained by the operator and approved by the Community Development Director. The estimated amount of the financial assurances 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, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten (10) percent shall be added to the cost of financial assurances.

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.

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.

Development Director each year prior to the anniversary date of the initial approval of the financial assurances. The financial assurances 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. The Community Development Director shall have the authority to approve the annual adjustments to the financial assurances if they meet the requirements of this chapter, the ARMP, SMARA, and State regulations; however, said determination shall be submitted to the Commission for its approval if the Community Development Director and operator do not agree as to the appropriate amount of the financial assurances.

(Ord. No. 2533, § 1, 7-5-2000)

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).

date of receipt of a reclamation plan or plan amendments or forty-five (45) days from the date of receipt of the financial assurances documents, the Department may assume that the submission is in compliance with State requirements.

(Ord. No. 2533, § 1, 7-5-2000)

public records unless it can be demonstrated to the satisfaction of the County that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the Director of the Department of Conservation by the County, upon request. Proprietary information shall be made available to persons other than the Director of the Department of Conservation only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Public Resources Code.

(Ord. No. 2533, § 1, 7-5-2000)

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.

Resources Code Section 2207, to the State Department of Conservation and to the 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.

(Ord. No. 2533, § 1, 7-5-2000)

detailing proposed changes from the original plan. Substantial deviations from the original plan, except as provided in Section 24-13.2, shall not be undertaken until such amendment has been filed with and approved by the Commission.

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.

reclamation plan: (a) clearly lessens the surface mining operation's effect on the environment, including, but not limited to amendments that propose a reduction in the area to be mined; (b) is consistent with the ARMP; and (c) is necessary to achieve the prescribed or higher post-mining use of the reclaimed land; the Community Development Director may treat the proposed change as a minor modification and may approve, or conditionally approve, the proposed change. The fee for the minor modification shall be one- sixth (⅙) the standard application fee for a reclamation plan. A copy of the approved minor modification shall be provided to the State Department of Conservation.

(Ord. No. 2533, § 1, 7-5-2000)

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.

punishable as:

(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.

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.

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.

60.10 of Chapter 21 of this Code, if the County determines revocation of a permit is warranted.

(Ord. No. 2533, § 1, 7-5-2000)

granted herein shall have the right to appeal to the Board of Supervisors if the act or determination is not the result of an enforcement action. An appeal of a decision by the Commission shall be filed with the Clerk of the Board of Supervisors within seven (7) calendar days of the decision on the prescribed form and accompanied by the applicable fee in the amount to be set by the Board of Supervisors.

(Ord. No. 2533, § 1, 7-5-2000)

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)

Department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all permit to mine conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. IMPs shall not be considered a project for the purposes of environmental review.

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 Department.

Community Development Director and the operator, the 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 Community Development Director, to submit a revised IMP. The Department shall approve or deny the revised IMP within sixty (60) days of receipt. If the Department denies the revised IMP, the operator may appeal that action to the Commission pursuant to Section 58.10 of Chapter 21 of this Code.

may renew the IMP for another period not to exceed five (5) years, or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.

(Ord. No. 2533, § 1, 7-5-2000)

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 Department, at the time of filing of the permit to mine application, reclamation plan application, and at such other times as are determined by the Department to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

(Ord. No. 2533, § 1, 7-5-2000)

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 to the extent possible from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing that is consistent with the County's General Plan.

and the ARMP will be amended 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 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.

Public Resources Code Sections 2762, 2762, and 2764 for mineral resource management including the preparation of a statement of findings before taking an action that would thereafter have the potential for mineral extraction in areas of regional or statewide significance.

(Ord. No. 2533, § 1, 7-5-2000)

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.

(Ord. No. 2533, § 1, 7-5-2000)

construction material off the parcels from which they were mined.

used off the parcels from which they were mined if the applicant proves by chemical analysis of the wastes, conducted by a certified laboratory to the satisfaction of the Health Services Department, that the mercury content of the materials to be used does not exceed the background level for mercury at the proposed construction site.

Each day of violation

shall be a separate offense.

(Ord. No. 2533, § 1, 7-5-2000)

invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. No. 2533, § 1, 7-5-2000)