Chapter 18.48 — SURFACE MINING AND RECLAMATION

• A. Purpose. The purpose of this chapter is to regulate surface mining and reclamation operations consistent with the County General Plan and State Surface Mining and Reclamation Act of 1975 (and all subsequent amendments) and with the State Mining and Reclamation Policy specified in Chapter 8 of Title 14 of the California Code of Regulations. The provisions of SMARA (PRC Section 2710 et seq.), PRC Section 2207, and State regulations CCR 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions were specifically and fully set out, excepting that when the provisions of this chapter are more restrictive than correlative State provisions, this chapter shall prevail.

• B. Applicability. The requirements of this chapter are applicable to any surface mining operation in unincorporated Merced County, except those operations specifically exempted by Sections 2714 or 2776 of the California Public Resources Code.

• (Ord. 1976 § 2, 2019)

The purpose of this section is to provide definitions for the most commonly used terms in this chapter without affecting the meaning of the same terms used in other chapters of this Zoning Code. Definitions for less commonly used terms in this chapter are found in State law affecting mining and reclamation, specifically, State Public Resources Code Section 2725 et seq., and Title 14 of the California Code of Regulations Sections 3501 and 3701.

Administrative penalty. A fine imposed by the County or the State Geologist for violation of this chapter or of SMARA.

Angle of repose. The maximum angle of slope (measured from horizontal plane) at which loose, cohesionless material will come to rest on a pile of similar material.

Board. Merced County Board of Supervisors.

Critical gradient. The maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.

Department of conservation (DC). State agency responsible for overseeing SMARA.

Engineering data. Data consisting of maps, profiles, calculations, and analysis as provided by a qualified professional.

Financial assurance. Monetary guarantee in the form of a surety bond, irrevocable letter of credit, trust fund, certificate of deposit, or other form used primarily to perform the mine's reclamation plan.

Idle mine. A mine having reduced its operation for a period of one year or more by more than 90 percent from the previous maximum annual mineral production, with the intent to resume full-scale mining in the future.

Inactive mine. A surface mining operation discontinued for a period of one year or more.

Interim management plan (IMP). An amendment to a Conditional Use Permit for a surface mining operation or an idle mine.

Mine (mined lands). Includes 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.

Mineral. 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.

Mining exemptions. Exemptions for mineral removal from this chapter and SMARA.

Mining waste. Residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

Operator. The person engaged in or contracting with others to conduct surface mining operations.

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

Qualified professional. State registered geologist, State registered engineering geologist, State registered civil engineer, State licensed landscape architect, or State registered forester experienced in land reclamation.

SMARA. The State Surface Mining and Reclamation Act of 1975 and all subsequent amendments.

State board. California Mining and Geology Board.

Surface mining operations. Processes involved in the mining of minerals by removing overburden and mining directly from the mineral deposit, borrow pitting, dredging, mining by the auger method,

streambed skimming or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

1. In place distillation or leaching.

2. The production and disposal of mining waste.

3. Prospecting and exploratory activities.

• (Ord. 1976 § 2, 2019)

• A. Mining Exemptions.

  1. Excavation or grading conducted for farming or for restoring land following a flood or natural disaster where the soil removed is used for agriculture and no other commercial activity. Occurrence of a flood or natural disaster must first be validated by County Fire/CDF or another disaster assessment agency.

  2. On-site excavation and on-site earthmoving activities which are an integral and necessary part of a permitted construction project that are undertaken to prepare a site for construction of structures, landscaping, or other improvements.

  3. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards on one acre or less in a contiguous quantity of land under the same ownership.

  4. Surface mining operations that are required by Federal law to protect a mining claim, if those operations are conducted solely for that purpose.

  5. Any other surface mining operations that the State Board determines to be of infrequent nature and which will involve minor surface disturbances.

  6. A solar evaporation of inland water to produce salt and related minerals.

  7. Emergency excavations conducted by the State Department of Water Resources or Reclamation Board based on protection from disasters or emergencies.

• B. Conditional Use Permit Required. A Conditional Use Permit in compliance with Chapter 18.116 (Conditional Use Permits) is necessary for all surface mining operations, excluding mining exemptions and mining operations on County-owned property.

• C. County-Owned Property. For County-owned property, the County department proposing the project is the lead department in compliance with SMARA, including, but not limited to, mining/reclamation plans, board hearings, annual reports, and financial assurances.

• D. CEQA and SMARA. The Department shall be responsible for CEQA and SMARA review as to adequacy prior to processing the application by the lead department.

• E. Environmental Impact Report. An Environmental Impact Report is required for any open pit mining operation subject to SMARA and using a cyanide heap leaching process for producing gold or other precious metals.

• F. Inactive Mines. If an inactive mine is reactivated, it shall first require a new Conditional Use Permit.

• (Ord. 1976 § 2, 2019)

Applications for surface mining and reclamation projects shall require documentation, engineering data, narrative, and site maps as a reclamation plan in compliance with the most current Commissionadopted resolution.

(Ord. 1976 § 2, 2019)

• A. The applicant shall submit a complete Conditional Use Permit application consisting of Environmental Information Form, mining plan and operational statement documentation, engineering data, narrative, site maps, and reclamation plan, and any other information required by the Director to ensure compliance.

• B. Upon acceptance of a complete application, the Director shall notify the State agencies in compliance with SMARA Sections 2770.5 and 2774(c).

• C. Upon receipt of Department of Conservation comments, the Director will prepare a response with a copy forwarded to the operator. The response may be incorporated in the staff report to the Commission.

• D. The Commission, at the public hearing of the Conditional Use Permit, shall consider the Department of Conservation's comments and the Director's response. Prior to approving the project, the Commission shall, in addition to other necessary findings, make a finding that the project complies with SMARA and this chapter.

• E. Prior to mining, the operator shall post a financial assurance consistent with the Commissionapproved Financial Assurance Estimate (FAE) and reclamation plan and implement all permit conditions and pertinent mitigation measures if not included as part of the permit conditions (unless the Conditional Use Permit specifies a later date).

• (Ord. 1976 § 2, 2019)

• A. Annual Reports. Annual reports shall be provided by the operator to the Director in compliance with State Public Resources Code Section 2207 . In addition, the annual report transmitted to the Director shall include all of the following:

  1. A plot plan and two transverse profiles showing:

     • a. Land newly disturbed by the mining operation during the previous calendar year.

     • b. Total disturbed area reclaimed during the previous calendar year.

     • c. Total unreclaimed disturbed area at the end of the calendar year.

     • d. Total disturbed and reclaimed area anticipated at the end of the year following the annual report.

  2. Updated FAE prepared by a qualified professional in compliance with the approved reclamation plan.

• B. Financial Assurance. Within two months of approval of the FAE by the Director, the operator shall submit the updated financial assurance instrument.

• C. Annual Inspections.

  1. The Director shall conduct or contract to conduct annual inspections of mines.

  2. The Director shall notify operators of annual inspections prior to conducting the inspections.

  3. The Director or selected contractors shall complete and report the annual inspection to the State geologist according to SMARA timetable.

  4. The Director may charge the mining operators a reasonable cost of inspections and FAE review.

• D. Interim Management Plans (IMPs). IMPs are required for idle mines.

  1. Application Data.

     • a. A site plot plan showing disturbed and reclaimed areas. The plot plan shall show all roads.

     • b. Narrative shall describe erosion control, dust control, water quality control, weed abatement, hazardous material containment, security of stored equipment, and financial assurances. The narrative shall also explain:

       • (1) Reason for idleness.

       • (2) Circumstances necessary to fully reactivate the operation.

       • (3) Whether the plan will meet all permit conditions.

       • (4) Reasons for not meeting any permit conditions in case of noncompliance.

  2. Application Process.

     • a. Within 90 days of a surface mining operation becoming idle, the operator shall submit an IMP to the Director.

     • b. In case of a deficient IMP, the operator shall have 30 days or a longer mutually-agreed timeline to resubmit a revised plan.

     • c. The Director shall specify the effective length of the IMP for a period not to exceed five years.

     • d. Prior to the expiration of the IMP, the operator may request to extend the IMP for a period not to exceed five years.

     • e. Prior to expiration of the IMP, the Director shall either extend the IMP based on an extension request or require the surface mining operator to commence reclamation in compliance with the approved reclamation plan. Extension of the IMP requires findings that the operator has complied fully with the IMP.

• f. Idle mines without an IMP shall by the end of one year of being idle be reclaimed as practicable according in compliance with the approved reclamation plan.

• (Ord. 1976 § 2, 2019)

SMARA has designated the County as being responsible for enforcing violations of SMARA and this chapter (Surface Mining and Reclamation). The Department may use this chapter to enforce mining and reclamation violations. The Director may also apply administrative penalties as described in SMARA and in this section.

• A. Financial Assurance Forfeiture. SMARA has designated the County with the primary responsibility to seek forfeiture of financial assurances and to reclaim mines in the County. The procedure for financial assurance forfeiture is as follows:

  1. The Commission shall hold a public hearing resulting in a determination that the operator:

     • a. Is financially incapable of performing the reclamation in compliance with the reclamation plan; or

     • b. Has abandoned the surface mining operation without completing the reclamation.

  2. The Department shall notify the operator by certified mail of appropriate action to forfeit the financial assurance and specify reasons for so doing.

  3. The Department shall allow the operator 60 days to commence or cause the commencement of reclamation in compliance with the approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time mutually agreed upon by the County or the State geologist and the operator.

  4. The Department shall proceed to take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with paragraph 3 of this subsection.

  5. The Department shall use the proceeds from the forfeited financial assurances to conduct and complete reclamation as practicable in compliance with the approved reclamation plan.

• B. Administrative Penalties. The County is primarily responsible for assessing administrative penalties on mining operations out of compliance with SMARA consistent with the following procedure:

  1. If a violation extends beyond 30 days of the first written notice to the operator, the Department may issue an order for administrative penalty by certified mail for an administrative hearing scheduled 30 days or more after the date of the order. The order will state all violations and require the operator to comply with SMARA and this chapter but may only take effect after the hearing. The hearing notice is limited to the project site.

  2. The Director shall also consider and may impose an administrative penalty not exceeding $5,000.00 per day assessed from the original date of noncompliance. Penalties shall be used for no purpose other than to cover the reasonable costs of enforcement. The Director shall take into consideration the nature, circumstances, extent, and gravity of the violation, any prior history of violations, degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require.

from the original date of noncompliance. Penalties shall be used for no purpose other than to cover the reasonable costs of enforcement. The Director shall take into consideration the nature, circumstances, extent, and gravity of the violation, any prior history of violations, degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require.

3. A subsequent order issued by the Department and sent by certified mail is necessary to notify the operator of administrative penalties for repeated violations. Payment of any administrative penalty shall be made within 30 days of issuance of the order, unless the operator petitions the Board to review the order of administrative penalty.

4. In case of a petitioned order, the Board shall notify the operator by certified mail whether or not the Board will review the order setting the administrative penalty. If the Board reviews the order, the Board shall establish the complete record of evidence to implement the policies of SMARA. If the Board upholds or issues an order, the Board shall notify the operator by personal service or certified mail of the order.

5. Any petitioned order or Board order shall become effective unless the operator petitions the Superi-or Court within 30 days following either the Board order or Board denial to review the petitioned order.

• (Ord. 1976 § 2, 2019)