Loyalton Municipal Code Ch. 12.12 Surface Mining & Reclamation

It is the purpose and intent of this chapter to create and maintain an effective surface mining and reclamation policy in compliance with the Surface Mining and Reclamation Act. These regulations are created to assure that: (a) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

(b) The production and extraction of minerals is not discouraged while giving consideration to conservation values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

(c) The extraction of minerals is essential to the continued economic well-being of the City and that the reclamation of mined lands is necessary to protect public health and safety.

(d) The reclamation of mined lands will provide for the protection and subsequent beneficial use of the mined and reclaimed lands. It is further a finding that the surface mining of lands takes place in diverse areas where geologic, topographic, bio­ logical, climatic, economic, and social conditions are significantly different and that reclamation operations and requirement therefore may vary accordingly.

(a) "Exploration" or Prospecting" means the search for minerals by geological, leophysical, geochemical, and/or other techniques including, but not limited to sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

(b) "Mined Lands” means the surface, subsurface, and ground­ water 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 are located.

(c) “Minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from in­ organic processes and organic substances, including, but not limited to sand and gravel, dredge tailings, a bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

(d) "Mining Waste" means the residual of soil, rock, mineral liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

(e) “0perator” means any person who is engaged in surface mining operations himself, or who contracts with others to conduct operations on his behalf.

(f) "Overburden" means 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.

(g) “Permit” means a special use permit issued by the county, the absence of which would preclude surface mining operations.

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

(i) “Reclamation” means the 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 useable 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 mine lands, and may require back-filling, grading, resoiling, revegetation, wildlife stocking, soil compaction, stabilization, or other measures. Nothing in this part is construed to compel any person to restore lands, that are subject to approval of a special use permit, to a better condition than which it was prior to commencing the surface mining operation.

(j) "Reclamation Plan" means a plan prepared in conformance with City guidelines for reclaiming lands affected by surface mining operations submitted to and approved by the City, by and person who owns, leases, or otherwise controls or operates on all, or any portion of any mined lands, and who plans to conduct surface mining operations thereon.

(k) "State Board" means the State of California, Mining and Geology Board.

(l) "State Geologist" means the individual holding the office of State Geologist authorized in section 677, Public Resources Code.

(m) "Surface Mining Operation" means 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 shall include, but are not limited to:

(1) In place distillation, retorting or leaching. (2) The production and disposal of mining waste. (3) Prospecting and exploratory activities.

(n) "Substantial Change" means a change in a surface mining operation which deviates from an approved reclamation plan, including but not limited to:

(1) Increase in area of surface mining operation. (2) Increase in depth of surface mining operation. (3) Implementation of different extraction, excavation and processing methods. (4) Acceleration of the rate of excavation and production.

The regulations contained in this chapter shall apply to all incorporated territory of the City of Loyalton and shall not apply to the following: (a) National Forest System Lands.

(b) Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster.

(c) Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less.

(d) Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden, or involve more than one acre in any location.

(e) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

(f) Mining by the use of vacuum and/or suction dredges in public waters where less than 1,000 cubic yards of material will be disturbed. Such operations shall conform to any applicable federal, state or local statutes and ordinances.

(g) Lands on which surface mining operations were con­ ducted prior to January 1, 1976 and were completed and/or abandoned prior to such date.

(h) Such other mining operations that the Loyalton City Council determines by Resolution to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to section 2714 (d) and 2758 (c), California Surface Mining and Reclamation Act of 1975.

Any person who proposes to engage in surface mining operations shall, prior to the commencement of such operations make application for and obtain approval of a special use permit to conduct surface mining operations and a reclamation plan for lands affected by such surface mining operation. Fees required by this part shall be provided by an applicant at the time of filing an application for special use permit and proposed reclamation plan. Applications for special use permit and reclamation plan shall be made on forms provided by the City Planning Department. In any hearing before the Loyalton City Council on an application for special use permit and reclamation plan, the Council shall consider jointly, both applications. No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a special use permit as required by this chapter, provided such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person will be deemed to have such vested rights if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, such permit or other authorization having been required by an applicable government agency, diligently commenced surface

mining operations and thereby incurred substantial expenses for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. A person who has obtained such a vested right to conduct surface mining operations prior to January l, 1976 shall submit to the City Planning Department and receive from the City Council, within a period of four (4) months from the date of submittal, approval of a reclamation plan for operations conducted after January 1, 1976, unless a reclamation plan was approved by the City of Loyalton after January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with such reclamation plan. In the event any person has obtained such a vested right prior to January 1, 1976, the person shall, prior to making any substantial change in the surface mining operation, make application to and obtain approval of a special use permit, unless the person is operating in compliance with a presently valid special use permit issued by the Loyalton City Council. A "Vested Right" shall determination by the City that prior to January 1, 1976, a person has, in good faith and in reliance upon a permit, if such permit or other authorization was required, and was in compliance with City regulations, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. The State Geologist shall be notified of the filing of all permit applications and amendments.

The reclamation plan shall be applicable to a specific piece of property or properties, and shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics and principal mineral commodities. The specific boundaries of the area subject to the reclamation plan shall be those mined lands and the area where surface mining and related operations are being conducted and may be equated with the specified boundaries of a mining claim or claims in con­ junction with such surface mining operations. Those persons possessing a vested right to conduct surface mining operations shall establish specific boundaries for such operation in compliance with this part. In the absence of specific boundaries, the area within this vested right may be exercised is confined prior to January 1, 1976. A substantial change in our expansion of such operations to a new area or to a new claim may be made only upon obtaining approval of a special use permit from the Loyalton City Council. The reclamation plan shall be filed by any person who owns, leases, or otherwise controls or operates on all, or any portion of any, mined lands, and who plans to conduct surface mining operations thereon. The reclamation plan shall include the following information and documents: (a) The name and address of the operator and the names and addresses of any persons designated by him as his agents for the service of process.

(b) Names and addresses of all landowners and holders of interest in the property to be subject to surface mining activity.

(c) The anticipated quantity and type of minerals for which the surface mining operation is to be conducted.

(d) The proposed dates for, the initiation and termination of such operation.

(e) The maximum anticipated depth of the surface mining operation.

(f) The size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, such lands, the location of all proposed access roads to be constructed in conducting such operation, and the names and addresses of the owners of all surface and mineral interests of such lands.

(g) A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation.

(h) A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses.

(i) A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including:

(1) A description of the manner in which contaminants will be controlled, and mining waste will be disposed; and (2) A description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur; and (3) A description of the manner in which hazards created by surface mining will be abated.

(j) An assessment of the effect of implementation of the reclamation plan on future mining in the area.

(k) Certificate executed by all landowners of the property to be subject to surface mining operations that they consent to surface mining operations conducted on their property.

(l) A statement in writing that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. Such statement shall bear the signature of the landowner(s) and shall describe the proposed method of reclamation - performance security required by this chapter.

(m) Any other information required by the City Council.

(n) An arbitration committee composed of one person selected by the applicant for a special use permit and reclamation plan; one person selected by both the applicant and City Engineer shall be provided, when necessary as determined by the City Council. to determine if the objectives of the approved reclamation plan have been fulfilled.

The City Council may require adequate security, as described below, to assure that the objectives of a reclamation plan shall be achieved. Approval of a special use permit and/or reclamation plan may be granted on condition that such security is provided by applicant and maintained by applicant's successors in interest. At the option of applicant, such security may be either: (a) A corporate surety, faithful performance or financial guarantee bond in form acceptable to City and underwritten by a surety acceptable to City; or

(b) A recordable document by which applicant agrees, on his own behalf and as an enforceable covenant running with the lands which are subject to the permit. that a lien shall be created against the land in an amount sufficient to assure compliance with all of the terms of any permit and to assure completion of any approved reclamation plan. Such lien shall arise upon completion of the mining operation for which the permit is granted or at the expiration or termination of the permit, whichever occurs first. The lien shall remain in full force and effect until all of the terms and conditions of a permit or requirements of a reclamation plan are completed and until such time as all costs, expenses and damages incurred in reclamation required to carry out the reclamation plan or cause such work to be carried out. All such costs, expenses and damages shall be paid from the sale of the property pursuant to the lien unless earlier paid by applicant or his successors in interest.

Amendments to an approved reclamation plan may be submitted to the Loyalton City Council at any time in the form of a letter. The Loyalton City Council, at its next regular meeting, will consider whether or not such proposed amendment is a substantial change requiring application for and approval of a special use permit from the Loyalton City Council.

The Loyalton City Council shall cause a periodic review of all approved special use permits and/or reclamation plans to allow for an evaluation as to compliance with any conditions of a special use permit and the objectives of an approved reclamation plan.

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