Chapter 8.28 — RECLAMATION

It is the purpose of this chapter to provide standards and procedures for reclamation of resource development activities in the Town. Specifically, it is the purpose of this chapter to fulfill the legislative mandate contained in the Surface Mining and Reclamation Act of 1975 (SMARA), Public Resources § 2710 et seq. and the corresponding sections of the California Code of Regulations. It is the intent of the Town Council to provide for the reclamation of disturbed lands, and to eliminate hazards to public health, safety, and welfare.

(Code 1990, § 8.24.010; Ord. No. 00-11, § 1, 2000)

Definitions and applicable provisions contained in SMARA and in the corresponding sections of the California Code of Regulations are incorporated herein by reference. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned orabandonment means the cessation of resource development activities prior to completion of required reclamation or the cessation of resource development activities whether or not actual reclamation has commenced, or both. Nonuse shall in and of itself constitute abandonment; however, nonuse for more than 12 consecutive months without filing an interim management plan shall create a rebuttable presumption of intent to abandon. The term "geothermal well abandonment" means the discontinued, nonoperative condition of a well as determined and defined by the State Division of Oil and Gas on nonfederal lands and by the Bureau of Land Management on Federal lands.

CEQA means the California Environmental Quality Act, Public Resources Code § 21000 et seq.

Expansion of resource development activities means any substantial increase in the size or scope of a resource development activity. Expansion includes, without limitation, any resource development activities beyond the boundaries defined in an approved reclamation plan.

Idle means to curtail, for a period of one year or more, surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the written intent to resume those surface mining operations at a future date.

Mined lands means the surface, subsurface, and groundwater of an area in which resource development activities will be, are being, or have been conducted, including those 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, resource development activities are situated.

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, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

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

Reclamation means the combined processes of land treatment that minimize water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from resource development activities, including surface effects incidental to underground mines, so that disturbed lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health and safety. The process may extend to affected lands surrounding disturbed lands, and may require grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

Reclamation plan means the plan approved by the Town for reclaiming the lands disturbed by resource development or exploration activities.

Resource development activities means projects which propose to utilize or develop natural resources. Resource development activities include, but are not limited to, the following:

(1)

Geothermal exploration and development projects;

(2)

Surface mining operations;

(3)

Hydroelectric, wind or solar power facilities;

(4)

Oil and gas exploration and development projects; and

(5)

Timber production.

SMARA means the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq. and the corresponding sections of the California Code of Regulations, Title 14.

State geologist means the individual or designee holding that office created by Public Resources Code § 677.

Surface mining operations 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 incidental to an underground mine. Surface operations shall include, but are not limited to:

(1)

In place distillation or retorting or leaching;

(2)

The production and disposal of mining waste;

(3)

Prospecting and exploratory activities.

In addition, borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same) are also deemed to be surface mining operations unless specifically excluded in conformance with Vested Surface Mining Operation. A person shall be deemed to have obtained vested rights when sufficient documentation has been submitted to the Community Development Director and Town Attorney to indicate that, prior to January 1, 1976, such person has, in good faith and in reliance on a

permit or other authorization, if a permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials therefor. The operator may also be required to submit documentation indicating that no substantial changes have occurred in the operation since January 1, 1976, except for those changes that were in conformance with applicable regulations in effect at the time of the change. 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 and materials. Vesting shall be formally recognized by the Planning and Economic Development Commission at a public meeting and based upon the Community Development Director's and Town Attorney's recommendation.

(Code 1990, § 8.24.020; Ord. No. 00-11, § 1, 2000; Ord. No. 01-02, exh. A, 2001)

(a)

Filing; submittal. The reclamation plan shall be submitted to the Planning Division on forms supplied by the Planning Division. Reclamation plan submittals must be complete, containing all information required by the applicable department to justify findings for approval or disapproval, and for surface mining operations, all information required in conformance with applicable provisions of SMARA.

(b)

Procedure.

(1)

Processing. Within 30 days after receipt of a reclamation plan submittal, the Community Development Director or delegate shall review the submittal and shall notify the applicant or designated representative, in writing, concerning any deficiencies.

a.

Reclamation plan submittals shall be deemed complete, unless the applicant or designated representative has been notified in writing that the submittal is incomplete prior to the expiration of the 30-day review period.

b.

Complete reclamation plan submittal shall be accepted and processed in accordance with applicable provisions of this Code, CEQA and when applicable SMARA. Acceptance of a reclamation plan submittal by the Planning Division shall not constitute an indication of project approval.

c.

Within 30 days of acceptance of an application for a reclamation plan as complete, the Planning Division shall notify the State Department of Conservation of the filing of the applications. When 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 Planning Division shall also notify the State Department of Transportation that the application has been received.

d.

Upon determination of completeness, the Town shall process the application through environmental review pursuant to the CEQA and the Town Environmental Handbook. The Town shall also notify all affected agencies and individuals of the proposed plan. Upon close of the public comment period, the Town shall prepare a staff report to the Planning and Economic Development Commission and set the matter for a public hearing.

e.

The State Department of Conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review and comment on the financial assurance. The Planning and Economic Development Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Copies of any written comments received and responses prepared by the Town shall be promptly forwarded to the operator/applicant.

f.

The Planning and Economic Development Commission shall hold at least one noticed public hearing on the application. The Planning and Economic Development Commission shall then take action to approve, conditionally approve, or deny the reclamation plan and to approve the financial assurances.

g.

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

(2)

Simultaneous processing. In the event that an application for a use permit or mining operations permit and a reclamation plan pertaining to the same project are submitted for approval at the same time, review and processing of the reclamation plan may occur simultaneously with that of the resource use permit application. The issuance of a use permit or mining operations permit shall be predicated on the approval of a reclamation plan in conformance with this chapter.

(3)

Approval. The Planning and Economic Development Commission may approve or conditionally approve a reclamation plan only when all of the following findings can be made:

a.

That the reclamation plan complies with the provisions of CEQA and SMARA;

b.

That the reclamation plan is consistent with the objectives and policies set forth in the general plan and any applicable area or specific plans;

c.

That appropriate conditions have been imposed to ensure and verify that the site during and after reclamation will not cause a public hazard, nor be detrimental to the public health, safety, or welfare;

d.

That an approved end use has been identified and that the reclamation of the site shall be finally completed as soon as is feasible, considering the particular circumstances of the site to be reclaimed, and that the plan provides for concurrent reclamation, where appropriate and feasible;

e.

That the reclamation plan conforms to minimum verifiable performance standards established in this chapter and, in the case of surface mining operations, meets or exceeds the minimum, verifiable statewide reclamation standards adopted by the State Mining and Geology Board, and in the case of geothermal well abandonment, conforms to the requirements and guidelines of the State Division of Oil and Gas on nonfederal lands, and the Bureau of Land Management on Federal lands;

f.

That the estimated cost of the reclamation reasonably approximates the probable cost of performing the reclamation work as proposed in the plan and that adequate surety (consistent with applicable provisions of SMARA for surface mining operations) will be posted to ensure completion of the required reclamation; and

g.

That the person or entity responsible for reclamation plan compliance has a public liability insurance policy in force for the duration of the reclamation which provides for personal injury and property protection in an amount adequate to compensate all persons injured or for property damaged as a result of the proposed reclamation activities.

(4)

Plan required. Prior to the conduct of surface mining operations, all persons shall have obtained from the Town a permit, a reclamation plan approval, and have posted an appropriate financial assurance as described herein.

(Code 1990, § 8.24.030; Ord. No. 00-11, § 1, 2000; Ord. No. 01-02, exh. A, 2001)

(a)

Minor amendments to an approved reclamation plan.

(1)

Minor amendment. Minor changes to an approved reclamation plan may be approved by the Community Development Director, using the Director review with notice process, in accordance with the provisions of this section.

(2)

Processing. Requests for approval of a minor amendment shall be submitted on forms provided by the Planning Division, along with the applicable fees. Within 30 days of receipt of such a request, the Director shall determine whether or not the application should be considered a minor amendment. The Director shall approve or deny the request and notify the applicant in writing within ten days of such decision. The decision of the Director as to whether or not the request should be approved or denied shall be final, unless an appeal is filed. If it is determined that the request is not a minor amendment, the request may be processed as a major amendment.

(3)

Requests. Requests for a minor amendment may be approved only if the Director is able to make all of the following findings:

a.

That the proposed change involves only minor changes in dimensions, volumes, or timing of the reclamation plan and will not affect the basic character or implementation of the reclamation plan;

b.

No substantial adverse environmental damage, either on-site or off-site, will result from the proposed change and the proposed change is consistent with adopted environmental determinations;

c.

That the proposed change will not be detrimental to the public health, safety and welfare and is compatible with the objectives and policies of the general plan, applicable area or specific plans and the land use designation or approved end land use of the site.

(b)

Major amendments to an approved reclamation plan. Major amendments to approved reclamation plans may be approved by the Planning and Economic Development Commission subject to the following provisions:

(1)

Applications for proposed amendments shall be submitted on forms provided by the Planning Division and shall include such data as may be required to complete an environmental assessment. Applications shall

include the required filing fee and shall be noticed and scheduled for public hearing before the Planning and Economic Development Commission in the same manner as the original reclamation plan submittal.

(2)

Amendments may be approved by the Planning and Economic Development Commission only if all of the following findings can be made:

a.

The proposed amendments are necessary or desirable to ensure a more practical recovery of the resource or to avoid multiple future disturbances of surface land or waters;

b.

No substantial adverse environmental damage, either on-site or off-site, will result from the proposed change and the proposed change is consistent with adopted environmental determinations;

c.

The security required to be filed by the applicant with the Town is adequate or additional security has been filed to guarantee compliance with the revised reclamation plan;

d.

The reclamation plan, as amended, will continue to meet the requirements of this chapter and will be conducted in conformity with all applicable laws, ordinances, and regulations of all agencies with jurisdiction over the resource development project;

e.

The approval of the amendment will not be detrimental to the public health, safety, or welfare and is compatible with the objectives and policies of the general plan, applicable area or specific plans and the land use designation or approved end land use of the site.

(Code 1990, § 8.24.040; Ord. No. 00-11, § 1, 2000)

(a)

All reclamation plans must conform with all applicable provisions of the following minimum verifiable standards. The standards shall apply to each project to the extent that they are consistent with required mitigation for the project (as identified in the environmental documents for the project), provided that such mitigation is at least as stringent as the standards, and they are consistent with the approved or actual subsequent use of the reclaimed site.

(b)

When an applicant demonstrates to the satisfaction of the Town that an exception to the standards specified in this chapter is necessary based upon the approved end use, the Planning and Economic Development Commission may approve a different standard for inclusion in the approved reclamation plan. When the Town allows such an exception, the approved reclamation plan shall specify verifiable, site- specific standards for reclamation.

(c)

When substantial amendments are proposed to reclamation plans which were approved prior to the effective date of the ordinance codified in this chapter, the standards set forth in this chapter shall be applied by the Town in approving or denying the amended reclamation plan.

(d)

The standards in this chapter shall not apply to projects:

(1)

Which completed reclamation prior to October 18, 2000, in conformance with an approved reclamation plan; or

(2)

For which a reclamation plan has been approved prior to July 14, 2000; provided, however, that any revisions to such previously adopted plans shall be subject to the provisions of this chapter and SMARA.

(e)

Definitions. The following definitions, in addition to those in Chapters 12.04 and 17.148, shall govern the interpretation of these standards. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Arid means landscapes with an average annual precipitation of five inches or less.

Indigenous plants means plants occurring naturally in an area, not introduced.

Native species means plant species indigenous to California, using pre-European as the historic time reference.

Vegetative cover means the vertical projection of the crown or shoot area of a species to the ground surface expressed as a percentage of the reference area (percentage can be greater than 100 percent).

Vegetative density means the number of individuals or stems of each species rooted within the given reference area.

Vegetative species-richness means the number of different plant species within the given reference area.

Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of these regulations, wetlands

must have one or more of the following attributes:

(1)

At least periodically, the land supports predominantly hydrophytes;

(2)

The substrate is predominantly undrained hydric soil; and

(3)

The substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year.

(f)

Performance standards.

(1)

Wildlife and wildlife habitat. Wildlife and wildlife habitat shall be protected in accordance with the following standards:

a.

Rare, threatened or endangered species or species of special concern, as defined by the California Department of Fish and Game, U.S. Forest Service, Bureau of Land Management, or the U.S. Fish and Wildlife Service, and their respective habitat shall be conserved as prescribed by the Federal Endangered Species Act of 1973, 16 USC 1531, and the State Endangered Species Act, Fish and Game Code § 2050 et seq. If avoidance cannot be achieved through the available alternatives, mitigation shall be proposed in accordance with the rules and regulations of the California Department of Fish and Game, U.S. Forest Service, Bureau of Land Management, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and other applicable agencies.

b.

Wildlife habitat shall be established on disturbed lands in a condition similar to or better than that which existed before the lands were disturbed, unless the proposed end use precludes its use as wildlife habitat or the approved reclamation plan establishes a different habitat type than that which existed prior to disturbance.

c.

Wetland habitat shall be avoided. Any wetland habitat impacted as a consequence of resource development activities shall be mitigated at a minimum of a one-to-one ratio for wetland habitat acreage and wetland habitat value.

(2)

Backfilling, regrading, slope stability, and recontouring. Backfilling, regrading, slope stabilization, and recontouring shall conform with the following standards:

a.

All landform contours on a proposed mining site shall be accurately mapped prior to any surface or subsurface disturbance.

b.

When backfilling is proposed for urban uses (e.g., roads, building sites, or other improvements sensitive to settlement), the fill material shall be compacted in accordance with the Uniform Building Code, Chapter 12.16, or other methods approved by the Town as appropriate for the approved end use.

c.

When backfilling is required for resource conservation purposes (e.g., agriculture, fish and wildlife habitat, and wildland conservation), fill material shall be backfilled to the standards required for the resource conservation use involved.

d.

Piles or dumps of waste material, such as mining waste, shall be stockpiled in such a manner as to facilitate phased reclamation. They shall be segregated from topsoil and topsoil substitutes or growth media salvaged for use in reclamation.

e.

Final reclaimed fill slopes, including permanent piles or dumps of mine waste rock and overburden, shall not exceed 2:1 (horizontal:vertical), except where site-specific geologic and engineering analyses demonstrate that the proposed final slope will have a minimum slope stability factor of safety that is suitable for the approved end use, and when the proposed final slope can be successfully revegetated.

f.

At closure, all fill slopes, including permanent piles or dumps of mine waste and overburden, shall conform with the surrounding topography, and/or approved end use.

g.

Cut slopes, including final high walls and quarry faces, shall have a minimum slope stability factor of safety that is suitable for the proposed end use and that conforms with the surrounding topography and approved end use.

h.

Permanent placement of piles of dumps of waste material, such as mining waste and overburden, shall not occur within wetlands unless mitigation accepted by the lead agency has been approved to offset wetland impacts and/or losses.

(3)

Revegetation. Revegetation shall be part of the approved plan, unless it is not consistent with the approved end use.

a.

A vegetative cover suitable for the approved end use and capable of self-regeneration without continued dependence on irrigation, soil amendments, or fertilizer shall be established on disturbed lands unless an artificially maintained landscape is consistent with the approved reclamation plan. Vegetative cover density and species-richness shall be, where appropriate, sufficient to stabilize the surface against effects of long- term erosion and shall be similar to naturally occurring habitats in the surrounding area. The vegetative density, cover and species-richness of naturally occurring habitats shall be documented in baseline studies carried out prior to the initiation of resource development activities.

b.

Test plots conducted simultaneously with resource development activities shall be required to determine the most appropriate planting procedures to be followed to ensure successful implementation of the proposed revegetation plan. The Town may waive the requirement to conduct test plots when the success of the proposed revegetation plan can be documented from experience with similar species and conditions or by relying on competent professional advice based on experience with the species to be planted.

c.

When resource development activities result in compaction of the soil, ripping, dishing, or other means shall be used in areas to be revegetated to eliminate compaction and to establish a suitable root zone in preparation for planting.

d.

Prior to closure, all access roads, haul roads, and other traffic routes to be reclaimed shall be stripped of any remaining road base materials, prepared in accordance with Subsection (f)(3)g of this section, covered with suitable growth media or topsoil, and revegetated.

e.

Soil analysis shall be required to determine the presence or absence of elements essential for plant growth and to determine those soluble elements that may be toxic to plants, if the soil has been chemically altered or if the growth media consists of other than the native topsoil. If soil analysis suggested that fertility levels or soil constituents are inadequate to successfully implement the revegetation program, fertilizer or other soil amendments may be incorporated into the soil. When native plant materials are used, preference shall be given to slow-release fertilizers, including mineral and organic materials that mimic natural sources, and shall be added in amounts similar to those found in reference soils under natural vegetation of the type being reclaimed.

f.

Temporary access for exploration or other short-term uses on arid lands shall not disrupt the soil surface except where necessary to gain safe access. Barriers shall be installed when necessary to prevent unauthorized vehicular traffic from interfering with the reclamation of temporary access routes.

g.

Indigenous plant species shall be used for revegetation, except when introduced species are necessary to meet the end uses specified in the approved reclamation plan. Areas to be developed for industrial, commercial, or residential uses shall be revegetated for the interim period, as necessary, to control erosion. In this circumstance, non-indigenous plant species may be used if they are not noxious weeds and if they are species known not to displace indigenous species in the area.

h.

Planting shall be conducted during the most favorable period of the year for plant establishment.

i.

Soil stabilizing practices shall be used where necessary to control erosion and for successful plant establishment. Irrigation may be used when necessary to establish vegetation.

j.

If irrigation is used, the operator must demonstrate that the vegetation has been self-sustaining without irrigation for up to five years prior to release of the financial assurances by the Town, unless an artificially maintained landscape is consistent with the end use.

k.

Weeds, as defined by the soil conservation service, or the Town Agricultural Commissioner, or the California Native Plant Society, shall be managed:

When they threaten the success of the proposed revegetation;

To prevent spreading to nearby areas; and

To eliminate fire hazard.

l.

Protection measures, such as fencing of revegetated areas and/or the placement of cages over individual plants, shall be used in areas where grazed herbivores, or other causes threaten the success of the proposed revegetation. Fencing shall be maintained until revegetation efforts are successfully completed and the Town authorizes removal.

m.

Success of revegetation shall be judged based upon the effectiveness of the vegetation for the approved end use, and by comparing the quantified measures of vegetative cover, density, and species-richness of the reclaimed lands to similar parameters of naturally occurring vegetation in the area. Either baseline data or data from nearby reference areas may be used as the standard for comparison. Quantitative standards for success and the locations of the reference areas shall be set forth in the approved reclamation plan. Comparisons shall be made until performance standards are met, provided that, during the last two years, there has been no human intervention, including for example, irrigation, fertilization, or weeding. Standards for success shall be based on expected local recovery rates. Valid sampling techniques for measuring success shall be specified in the approved reclamation plan. Sample sizes must be sufficient to produce at least an 80 percent confidence level.

(4)

Drainage, diversion structures, waterways, and erosion control.

a.

Reclamation activities shall be conducted to protect on-site and downstream beneficial uses of water in accordance with the Porter-Cologne Water Quality Control Act, Water Code § 13000 et seq., and the Federal Clean Water Act, 33 USC 1251 et seq.

b.

The quality of water, recharge potential, and storage capacity of groundwater aquifers shall not be diminished, except as allowed in the approved reclamation plan.

c.

Erosion and sedimentation shall be controlled during all phases of construction, operation, reclamation, and closure of an operation to minimize siltation of lakes and watercourses, as required by the Regional Water Quality Control Board, the State Water Resources Control Board, and Town grading regulations.

d.

Surface runoff and drainage shall be controlled by berms, silt fences, sediment ponds, revegetation, hay bales, or other erosion control measures, to ensure that surrounding land and water resources are protected from erosion, gullying, sedimentation, and contamination. Erosion control methods shall be designed to handle runoff from not less than the 20 year/one-hour intensity storm event.

e.

When natural drainages are covered, restricted, rerouted or otherwise impacted, mitigating alternatives shall be proposed and specifically approved in the reclamation plan to ensure that runoff shall not cause increased erosion or sedimentation.

f.

When stream diversions are required, they shall be constructed in accordance with:

Applicable stream and lake alteration agreements between the operator and the Department of Fish and Game; and

The requirements of the Federal Clean Water Act, 33 USC 1251 et seq., specifically 33 USC 1311 and 1344 thereof, and Section 10 of the Federal Rivers and Harbors Act, 33 USC 560.

g.

When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed.

(5)

Prime agricultural land and reclamation. In addition to the standards for topsoil salvage, maintenance, and redistribution, the following standards shall apply to operations on prime agricultural lands where the approved end use is agriculture:

a.

Resource development activities which will operate on prime agricultural lands, as defined by the Federal soil conservation service, shall return all disturbed areas to a fertility level as specified in the approved reclamation plan.

b.

When distinct soil horizons are present, topsoil shall be salvaged and segregated by defined A, B, and C soil horizons. Upon reconstruction of the soil, the sequence of horizons shall have the A atop the B, the B atop the C, and the C atop graded overburden.

c.

Reclamation shall be deemed complete when productive capability of the affected land is equivalent to or exceeds, for two consecutive crop years, that of the pre-disturbance condition or similar crop production in the area. Productivity rates, based on reference areas described in the approved reclamation plan, shall be specified in the approved reclamation plan.

d.

Use of fertilizers or other soil amendments shall not cause contamination of surface waters or groundwater.

(6)

Other agricultural land. The following standards shall apply to agricultural lands, other than prime agricultural lands, when the approved end use is agriculture:

In addition to the standards for topsoil salvage, maintenance, and redistribution, non-prime agricultural lands shall be reclaimed so as to be capable of sustaining economically viable production of crops commonly grown in the surrounding areas.

(7)

Building, structure, and equipment removal.

a.

All equipment, supplies, and other materials shall be stored in designated areas (as shown in the approved reclamation plan). All waste shall be disposed of in accordance with State and local health and safety ordinances.

b.

All buildings, structures, and equipment shall be dismantled and removed prior to final site closure except those buildings, structures, and equipment approved in the reclamation plan as necessary for the end use.

(8)

Water resources protection, including surface water and groundwater.

a.

Surface water and groundwater shall be protected from siltation and pollutants which may diminish water quality as required by the Federal Clean Water Act, 33 USC 1251 et seq. (specifically, including 33 USC 1311 and 1344 thereof), the Porter-Cologne Water Quality Control Act, Water Code § 13000 et seq., the Lahontan Regional Water Quality Control Board or the State Water Resources Control Board.

b.

In-stream surface mining operations shall be conducted in compliance with Fish and Game Code § 1603, Section 404 of the Federal Clean Water Act, 33 USC 1251 et seq., and Section 10 of the Federal Rivers and Harbors Act, 33 USC 560.

c.

Surface mining activities in stream or river channels shall be regulated to control channel degradation in order to prevent undermining of bridge supports, exposure of pipelines or other structures buried within the channel, loss of spawning habitat, lowering of groundwater levels, destruction of riparian vegetation, and increased stream bank erosion (exceptions may be specified in the approved reclamation plan). Changes in channel elevations and bank erosion shall be evaluated annually using records of annual extraction quantities and benchmarked annual cross sections and/or sequential aerial photographs to determine appropriate extraction locations and rates.

d.

In accordance with requirements of the Department of Fish and Game, in-stream mining activities shall not cause fish to become entrapped in pools or in off-channel pits, nor shall they restrict spawning or migratory

activities.

(9)

Topsoil salvage, maintenance and redistribution. When the approved reclamation plan calls for revegetation or cultivation of disturbed lands, the following performance standards shall apply to topsoil salvage, maintenance, and redistribution activities:

a.

All salvageable topsoil suitable for revegetation shall be removed as a separate layer from areas to be disturbed. Topsoil and vegetation removal shall not precede development activities by more than one year, unless a longer time period is approved by the Town.

b.

Topsoil resources shall be mapped prior to stripping and the location of topsoil stockpiles shall be shown on a map in the reclamation plan. If the amount of topsoil needed to cover all surfaces to be revegetated is not available on-site, other suitable material capable of sustaining vegetation (such as subsoil) shall be removed as a separate layer for use as a suitable growth media. Topsoil and suitable growth media shall be maintained in separate stockpiles. Test plots may be required to determine the suitability of growth media for revegetation purposes.

c.

Soil salvage operations and phases of reclamation shall be carried out in accordance with a schedule that:

Is set forth in the approved reclamation plan;

Minimizes the area disturbed; and

Is designed to achieve maximum revegetation success allowed under the mining plan.

d.

Topsoil and suitable growth media shall be used to phase reclamation as soon as can be accommodated by the operations schedule presented in the approved reclamation plan. Topsoil and suitable growth media that cannot be utilized immediately for reclamation shall be stockpiled in an area where it will not be disturbed until needed for reclamation. Topsoil and suitable growth media stockpiles shall be clearly identified to distinguish them from waste dumps. Topsoil and suitable growth media stockpiles shall be planted with a vegetative cover or shall be protected by other equally effective measures to prevent water and wind erosion and to discourage weeds. Relocation of topsoil or suitable growth media stockpiles for purposes other than reclamation shall require prior written approval from the Town.

e.

Topsoil and suitable growth media shall be redistributed in a manner that results in a stable, uniform thickness consistent with the approved end use, site configuration, and drainage patterns.

(10)

Tailing and waste management.

a.

State Water Resources Control Board mine waste disposal regulations in 27 CCR 22470 et seq. shall govern mine waste and tailings, and mine waste disposal units shall be reclaimed in conformance with this chapter.

b.

Geothermal drilling waste and cuttings shall be disposed of in a manner approved by the Lahontan Regional Water Quality Board.

(11)

Closure of surface openings.

a.

Except those used solely for blasting or those that will be mined through within one year, all drill holes, water wells, and monitoring wells shall be completed or abandoned in accordance with each of the following:

Water Code §§ 13700 et seq. and 13800 et seq.;

The applicable local ordinance adopted pursuant to Water Code § 13803;

The applicable department of water resources report issued pursuant to Water Code § 13800; and

27 CCR 22470 et seq. regarding discharge of waste to land.

b.

Prior to closure, all portals, shafts, tunnels, or other surface openings to underground workings shall be gated or otherwise protected from public entry in order to eliminate any threat to public safety and to preserve access for wildlife habitat.

c.

All geothermal wells shall be completed or abandoned in accordance with the State Division of Oil and Gas if located on nonfederal land or with the Federal Bureau of Land Management if located on Federal land.

(Code 1990, § 8.24.050; Ord. No. 00-11, § 1, 2000; Ord. No. 01-02, exh. A, 2001)

(a)

The reclamation plan required pursuant to this chapter shall apply to vested surface mining operations conducted after January 1, 1976.

(b)

When a person with a vested right has continued surface mining operations in the same area subsequent to January 1, 1976, such person shall obtain approval of a reclamation plan, in conformance with applicable provisions of this chapter, covering the mined lands disturbed by such subsequent surface mining operations. In those cases where an overlap exists (in the horizontal or vertical sense) between pre and post January 1, 1976, surface mining operations, the reclamation plan shall call for reclamation proportional to that disturbance caused by the surface mining operation after January 1, 1976.

(Code 1990, § 8.24.060; Ord. No. 00-11, § 1, 2000)

(a)

Interim management plan. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning and Economic Development Department for review and approval, an interim management plan. The interim management plan shall describe, in detail, measures the operator will implement to maintain the site in compliance with conditions specified in the use permit and with standards specified in the approved reclamation plan.

(b)

Term of plan. The interim management plan may remain in effect for a period not to exceed five years, at which time the Town shall do one of the following:

(1)

Renew the interim management plan for an additional period not to exceed five years, provided the Town finds that the operator has complied fully with the interim management plan; or

(2)

Require the operator to commence reclamation in accordance with the approved reclamation plan.

(c)

Financial assurances. Financial assurances required by this chapter shall remain in effect during the period the operation is idle.

(d)

Interim management plan approval. The receipt of an interim management plan shall be considered and processed as an amendment to the approved reclamation plan in accordance with applicable provisions of this chapter. As specified in SMARA, the review and approval of an interim management plan for a surface mining operation shall not be considered a project under CEQA.

(e)

Revocation of permit. The operator of a resource development activity which has been abandoned for a period of more than 12 months shall be subject to revocation of the approved use permit and be required to commence reclamation in accordance with the approved plan.

(Code 1990, § 8.24.070; Ord. No. 00-11, § 1, 2000; Ord. No. 01-02, exh. A, 2001)

Resource development activities shall comply with the following inspection and reporting requirements:

(1)

The operator shall file a request for annual inspection with the Planning Division at least once in each calendar year. Request for annual inspections shall be accompanied by the appropriate filing fee, and, for surface mining operations, shall coincide with the dates for annual SMARA inspections.

(2)

The Planning Division shall inspect or cause to be inspected the site within 30 working days of receipt of the written report, filing fee, and application for inspection.

(3)

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 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 Community Development Department shall notify the State Department of Conservation within 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.

(Code 1990, § 8.24.080; Ord. No. 00-11, § 1, 2000; Ord. No. 01-02, exh. A, 2001)

(a)

Appeals. Appeals of any decision pertaining to reclamation plans may be made in conformance with the provisions of Chapter 17.68.

(b)

Fees. Fees required in conjunction with the provisions of this chapter shall be established from time to time by the Town Council.

(c)

Public records and proprietary information. Reclamation plan submittals, interim management plans, and other documents submitted in support of this chapter are public records unless it is demonstrated to the satisfaction of the Town that the release of such information, or part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The operation shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to persons authorized in writing by the operator to receive such proprietary information, and for surface mining operations to the State Geologist.

(d)

Successor in interest. When any resource development activity or portion of such an operation is sold, assigned, conveyed, exchanged, or otherwise transferred, whether voluntarily or by operation of law, the original the permittee as well as each successor in interest shall be bound by the provisions of any reclamation plan approved pursuant to the provision of this chapter; provided, however, that the original the permittee or any successor in interest may be relieved from all liability for completing the reclamation by action of the Town Council if, after application to the Council, it is determined that the current owner has posted adequate security to ensure completion of all remaining reclamation.

(Code 1990, § 8.24.090; Ord. No. 00-11, § 1, 2000)

(a)

Surety.

(1)

Surety required. The operator, mine owner, or landowner shall be required to execute an agreement and to provide adequate and acceptable surety, made payable to the Town and the Department of Conservation as required by the State Public Resources Code, guaranteeing compliance with the approved reclamation plan. This requirement shall be satisfied prior to commencing any on-site resource development activity and liability shall continue until all reclamation work required by the reclamation plan has been concluded and accepted by the Town.

(2)

Continued liability. In addition, the operator or person responsible for final reclamation shall have a continued liability to guarantee the continued viability of the reclamation effort not to exceed five growing

seasons following the conclusion and acceptance of reclamation by the Town. This liability shall begin anew when reclamation efforts fail to meet the reclamation plan performance standards and additional reclamation is required. The minimum security to be retained to guarantee the continued viability of the reclamation effort shall be as follows:

a.

If the security guarantees the cost of all reclamation, ten percent of the aggregate cost of all reclamation; or

b.

If the security was posted in conformance with a phased reclamation program any other method acceptable to the Town that ensures the continued viability of the reclamation effort.

(3)

Insurance. The operator shall maintain, to the satisfaction of the Town and for the life of the reclamation plan, liability insurance of not less than $500,000.00 for one person and $1,000,000.00 for all persons and $2,000,000.00 for property damage, or other amounts adopted by the Town. This requirement would not preclude the operator from being self-insured.

(4)

Form of surety. The security required in conformance with the provisions of this chapter shall be made payable to the Town and the Department of Conservation as required by the State Public Resources Code; shall be subject to review and approval by the Town; and shall be in the form of one of the following:

a.

Surety bonds;

b.

Irrevocable letters of credit;

c.

Trust funds;

d.

For surface mining operations, other forms of financial assurance as may be specified by the State Board of Mines and Geology.

(5)

Surety adjustments. The amount of financial assurances required by this chapter may be adjusted annually by the Town in consideration of information provided in the annual inspection report. Adjustments shall take into consideration, but not be limited to, new lands disturbed, inflation, prior compliance, and reclamation accomplished in accordance with the approved plan.

(6)

Prior surety approvals. If a surface mining operation and/or reclamation plan has received approval of its financial assurances prior to January 1, 1991, from a public or Federal agency other than the Town, the Town shall deem those financial assurances adequate for the purposes of this chapter or shall credit them toward fulfillment of financial assurances required by this chapter.

(b)

Release of surety.

(1)

Acceptance. The operator shall file a request for final inspection with the Town, accompanied by the appropriate filing fee. No reclamation or phase of reclamation shall be deemed accepted until the work has been inspected and approved and a certificate of acceptance has been executed by the Town and filed with the Town Council.

(2)

Inspection. Within 60 days after the Town has received a request for final inspection for completion of reclamation, or any phase of reclamation, the Town shall inspect, or cause to be inspected, the subject area. The Town shall then file the certificate of acceptance or shall notify the operator, in writing, of any items that are found to be inconsistent with the approved reclamation plan.

(3)

Release of bond. Within 30 days after the Town files the certificate of acceptance with the Town Council, unless otherwise directed by the Town Council, the Town shall release the surety.

(Code 1990, § 8.24.100; Ord. No. 00-11, § 1, 2000; Ord. No. 01-02, exh. A, 2001)

(a)

Generally. The provisions of this chapter shall be enforced by the Town Planning Division or such other persons as may be designated by the Town Council. Enforcement of the provisions contained in this chapter shall be in accordance with applicable provisions of this Code.

(b)

Right of entry. When it becomes necessary to inspect resource development activities as provided in this chapter or to investigate complaints associated with resource development activities or to monitor conditions of approval as may be imposed on resource development activities, reasonable access to the project site shall be afforded by the operator. Authorized representatives of the Town, upon presentation of appropriate credentials shall have access to the site without advance notice.

(Code 1990, § 8.24.110; Ord. No. 00-11, § 1, 2000)