Lassen County Municipal Code Ch. 9.60 Surface Mining and Reclamation Plan Regulations

The county recognizes that the extraction of minerals is essential to the continued economic well-being of the county and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The county also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly. The purpose and intent of this chapter is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act (SMARA) of 1975 (PRC Sec. 2710 et seq.), as amended, hereinafter referred to as SMARA; PRC Section 2207; and the California Code of Regulations adopted pursuant thereto (14 Cal. Admin., C. Sec. 3500 et seq.), to ensure that:

(a) The adverse effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands; and

(b) The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality, and noise pollution.

(Ord. 509 § 2, 1992)

For the purpose of this chapter, certain words and phrases shall be defined as follows:

"Haul road"

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

"Idle"

means to curtail for a period of one year or more surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. (SMARA, Sec. 2727.1)

"Minerals"

means any naturally occurring chemical element or compound, or groups of elements and compounds formed from inorganic processes and organic substances, including but not limited to coal, peat, bituminous rock, but excluding geothermal resources, natural gas, and petroleum. (State Regulations, Sec. 3501) For the purpose of this chapter, minerals shall also include but not be limited to sand, gravel, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone, and rip-rap.

"Operator"

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

"Overburden"

means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations. (SMARA, Sec. 2732)

"Person"

means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof. (State Regulations, Sec. 3501)

"Surface mining"

means the process of disturbing lands for the extraction of minerals, earth or construction materials from their natural state, where recovery of such material is a principal purpose for the excavation activity.

"Surface mining operations"

means all or any of the processes involved in the disturbance of land for the extraction of minerals, earth or construction materials from their natural state in association with surface mining as defined, and includes the area of land disturbed and the processing of the materials to a marketable use, 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 incidental to an underground mine. Surface mining operations shall include, but are not limited to:

(A)

In-place distillation or retorting or leaching;

(B)

The production and disposal of mining waste;

(C)

Prospecting and exploratory activities. (SMARA, Sec. 2735)

"Reclamation"

means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from 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 alternative 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. (SMARA, Sec. 2733)

(Ord. 509 § 2, 1992; Ord. 509-A § 1, 1994)

The provisions of the California Surface Mining and Reclamation Act of 1975 (PRC. Sec. 2710 et seq.), PRC Section 2207, and the California's Code of Regulations implementing the Act (14 Cal. Admin., Sec. 3500 et seq.), hereinafter referred to as the State Regulations, as either may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than state provisions, inasmuch as such provisions are not conflicting, this chapter shall prevail.

(Ord. 509 § 2, 1992)

(a) Requirements for Use Permit. Unless exempted by provisions of this chapter, an approved use permit as provided under Chapter 18.112 of this code shall be required for all surface mining operations in all zoning districts in which surface mining is allowed; and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a "nonconforming use" pursuant to Chapter 18.120 of this code.

(b) Minor Amendment to Use Permit or Reclamation Plan. The county recognizes the dynamic nature of mining and the need to adjust operations and reclamation plans from time to time based on the characteristics of the mineral deposits or market conditions. An application for a minor amendment to the existing use permit and/or reclamation plan may be submitted to the county for consideration and approval. For a proposed amendment to be considered "minor" it must: (1) be reasonably within the scope of the existing use permit and reclamation plan; and (2) not involve substantial new disturbed lands (considering the extent of the existing permitted operation and the environmental sensitivity of the area). A minor amendment shall be reviewed to determine the applicability of the California Environmental Quality Act (CEQA). The community development director, together with the CAO shall be authorized to make a determination as to whether or not a proposed amendment qualifies as minor. An applicant shall be notified in writing of the determination of the director and CAO. If a proposed amendment is determined not to qualify as minor the reasons for the determination shall be specified in the notice.

(1) Process. Minor amendments shall be processed pursuant to County Code Chapter 18.112 (Use Permit Process). The planning commission's review of a minor amendment application, and any conditions of approval attached thereto, shall be limited to the changes to the existing use permit and/or reclamation plan proposed by the amendment.

(2) Appeals. The applicant may appeal the decision of the director and CAO to the planning commission in writing within ten days of notification of the director and CAO's decision. The written appeal shall include the reasons for the appeal and shall be submitted to the community development department along with the fee established for appeals to the commission. The planning commission shall consider the appeal at its next available regularly scheduled public meeting.

(c) Requirements for Reclamation Plans. A reclamation plan shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, as well as for those portions of existing surface mining operations conducted after January 1, 1976, unless a reclamation plan was approved by the county prior to that date and the person submitting that plan has accepted responsibility for carrying out the plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted legally and in compliance with all applicable county regulations prior to January 1, 1976.

(d) Exemptions. This chapter does not apply to any of the following activities:

(1) Excavations or grading conducted for farming. As used here farming means the tilling of soil, leveling of fields, construction and maintenance of agricultural roads on the holdings, construction and maintenance of agricultural accessories such as water troughs and irrigation ditches, and other activities determined by the community development director together with the CAO to be similar to those listed. Farming shall be exempt from this chapter provided that the following conditions are met:

(A) The excavation or grading activity is an integral part of the agricultural operation, and

(B) The excavated or graded material is used or disposed of upon agricultural lands for agricultural purposes;

(2) On-site excavation and earth-moving activities that are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts and embankments, whether or not surplus materials are exported from the site subject to all of the following conditions:

(A) All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, Division 13 (commencing with Section 21000),

(B) The lead agency's approval of the construction project included consideration of the on-site excavation and on-site earth-moving activities pursuant to Division 13 (commencing with Section 21000),

(C) The approved construction project is consistent with the general plan or zoning of the site, and

(D) Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined by the lead agency that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued; (SMARA, Sec. 2714(b))

(3) For the purpose of restoring land following a flood or natural disaster; (SMARA, Sec. 2714(a))

(4) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less; (SMARA, Sec. 2714(d))

(5) Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose; (SMARA, Sec. 2714(e))

(6) Any other surface mining operations that the board determines to be of an infrequent nature and which involve only minor surface disturbances; (SMARA, Sec. 2714(f))

(7) Other activities exempted pursuant to SMARA Section 2714.

(Ord. 509 § 2, 1992; Ord. 509-A § 2, 1994)

(a) In addition to the use permit application required in Chapter 18.112, all applications for use permits for surface mining operations shall contain the surface mining application supplement required by the planning department. As many copies of the use permit and surface mining application supplement may be required shall be submitted to the planning department.

(b) As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for use permits for surface mining operations. For surface mining operations that are exempt from a use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan.

(c) Applications shall include the necessary environmental review forms and information prescribed by the planning department.

(d) The planning department will review the application package for completeness and shall, within thirty days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of where the application is deficient. Resubmittal of the revised application shall start a new review timeframe.

(Ord. 509 § 2, 1992)

(a) Within thirty days of acceptance of an application for a use permit for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the state geologist of the filing of the application(s). (SMARA, Sec. 2774(e)) Whenever mining operations are proposed in the one-hundred-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. (SMARA, Sec. 2770.5)

(b) The planning department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (CEQA) and the county's environmental review guidelines.

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

(d) The planning commission shall hold at least one noticed public hearing on the use permit and/or reclamation plan.

(e) Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to a reclamation plan, the planning commission shall certify to the state geologist that the reclamation plan complies with the applicable requirements of the state regulations and submit the plan, assurances, or amendments to the state geologist for review. (SMARA, Sec. 2774(c)) The planning commission may conceptually approve the reclamation plan before submittal to the state geologist. If a use permit is being processed concurrently with the reclamation plan, the planning commission may also conceptually approve the use permit at this time. However, the planning commission may defer action on the use permit until taking final action on the reclamation plan. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the use permit with the condition that the planning department shall not issue the use permit for the mining operation until financial assurances have been approved by the state geologist and final action has been taken on the reclamation plan.

The state geologist shall have forty-five days to prepare written comments on the reclamation plan, if the state geologist so chooses. (SMARA, Sec. 2774(d)) The planning commission shall evaluate written comments received from the state geologist during the forty-five day comment period. 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 geologist's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. (SMARA, Sec. 2774(d)) Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator.

(f) The planning commission shall then take final action to approve, conditionally approve, or deny the use permit and/or reclamation plan. The planning commission's action shall be final, subject to appeal to the board of supervisors as provided in this title.

(g) If a project has proceeded to review by the board of supervisors, the board may, at its discretion, assume duties assigned to the planning commission under this chapter or delegate specific related tasks back to the planning commission.

(h) The planning department shall forward a copy of each approved use permit for mining operations and/or approved reclamation plan to the state geologist.

(i) Annual Reports. Surface mining operators shall forward an annual status report to the state geologist and the county planning department on a date established by the state geologist upon forms furnished by the state mining and geology board. (PRC Sec. 2207(a)-(g))

(Ord. 509 § 2, 1992; Ord. 2022-12 § 2)

(a) All new or revised reclamation plans shall conform to minimum statewide performance standards required pursuant to SMARA Section 2773(b), as adopted by the state mining and geology board, including but not limited to wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management.

(b) The county may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

(Ord. 509 § 2, 1992)

Phasing of Reclamation. (See also, Section 9.60.120, interim management plans for idle mining operations). Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. (SMARA, Sec. 2772(f)) Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations. Reclamation may be done on an annual basis, or 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: the beginning and expected ending dates for each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in Section 9.60.100 (financial assurances). The county shall approve the reclamation schedule.

(Ord. 509 § 2, 1992)

In addition to the findings for approval of use permits contained in Chapter 18.112 of this code, approval of use permits for surface mining operations shall include a finding that the project complies with the provisions of state regulations.

For reclamation plans, the following findings shall be required:

(a) That the reclamation plan complies with Sections 2772, 2773, and 2773.1 of SMARA and any other applicable provisions;

(b) That the reclamation plan complies with applicable requirements of the state regulations; (14 Cal. Admin., Sec. 3500 et seq.);

(c) 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;

(d) That, through the reclamation plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible;

(e) 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 disturbances to resource values;

(f) 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;

(g) That a written response to the state geologist has been prepared, describing the disposition of major issues raised by the state geologist. Where the county's position is at variance with the recommendations and objections raised by the state geologist, said response shall address, in detail, why specific comments and suggestions were not accepted. (SMARA, Sec. 2772(d))

(Ord. 509 § 2, 1992)

(a) In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the county shall require as a condition of approval one or more forms of security which will be released upon satisfactory performance. The applicant may post security in the form of a corporate surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the county and the state geologist as specified in statewide regulations adopted by the Mining and Geology Board. Financial assurances shall be made payable to the county of Lassen and the state geologist. (SMARA, Sec. 2773.1(a)(4))

(b) Financial assurances will be required to ensure compliance with elements of the reclamation plan including but not limited to revegetation and landscaping requirements; restoration of aquatic or wildlife habitat; protection of archaeological sites; restoration of water bodies and water quality; slope stability and erosion and drainage control, disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the planning department.

(c) The amount of the financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the reclamation plan, including any maintenance of reclaimed areas as may be required. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the planning director. Financial assurances may be based upon estimates including but not necessarily limited to the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the 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.

(d) In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the county or state may need to contract with a third-party commercial company for mobilization and reclamation of the site.

(e) Where reclamation is accomplished in annual increments, the amount of financial assurances required for any one year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operations by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subsequent years of the operation shall be handled in the same manner.

(f) Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation.

(Ord. 509 § 2, 1992)

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 9.60.060, to determine whether the surface mining operation is in compliance with the approved use permit and/or reclamation plan, and the state regulations (SMARA, Sec. 2774(b)). 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, state-registered forester, or other qualified specialists, as selected by the planning department. All inspections shall be conducted using a form provided by the state Mining and Geology Board. The planning department shall notify the state geologist within thirty days of completion of the inspection that the 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.

(Ord. 509 § 2, 1992)

(a) Within ninety days of a surface mining operation becoming idle, as defined in this chapter, the operator shall submit to the planning department an interim management plan (SMARA, Sec. 2770(h)). The interim management plan shall fully comply with the requirements of SMARA, Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the use permit and/or reclamation plan. The interim management plan shall be processed as an amendment to the reclamation plan and shall not be considered a project for the purposes of environmental review (SMARA, Sec. 2770(h)).

(b) Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan.

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

(d) The interim management plan may remain in effect for a period not to exceed five years, at which time the planning commission may renew the plan 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. 509 § 2, 1992)

The time limit for commencing a surface mining operation that is permitted pursuant to this chapter shall be as provided in Chapter 18.112, use permits.

(Ord. 509 § 2, 1992)

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 permit and/or the reclamation plan, the county shall follow the procedures set forth in SMARA, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of Chapter 18.112 for revocation and/or abandonment of a use permit which are not preempted by SMARA.

(Ord. 509 § 2, 1992)

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.

(Ord. 509 § 2, 1992)

If any provision(s) of this chapter conflicts with any provision(s) of the California Surface Mining and Reclamation Act of 1975, as amended (SMARA), the provision(s) of SMARA shall govern.

(Ord. 509-A § 3, 1994)