16.68 Surface Mining Permits

The purpose of this chapter is to provide a process for reviewing surface mining permit applications which are intended to create and maintain an effective surface mining and reclamation policy as authorized by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.). While preservation and extraction of economic viable mineral resources has been determined to be in the interests of the people of California by the state legislature, it also recognized that surface mining activities may result in significant adverse environmental impacts.

It is, therefore, the intent of this chapter to regulate surface mining operations to ensure that:

A. The adverse effects of surface mining operations would be prevented or minimized, and that mined lands would be reclaimed to a usable condition that is readily adaptable for alternative land use;

B. The reclamation of mined land would be carried out in a way that the continued mining of valuable minerals would not be precluded; and

C. The production and conservation of minerals would be encouraged, while giving consideration to values related to range and forage, recreation, watershed, wildlife, and aesthetic enjoyment and that the potential residual hazards to the public convenience, health, safety, or general welfare would be eliminated.

(Ord. 182 § 2 (part), 1997)

The commission is authorized to approve surface mining permits and reclamation plans, subject to the appeal provisions of Chapter 16.78. A public hearing in compliance with Chapter 16.76 shall be required. (Ord. 182 § 2 (part), 1997)

This chapter shall not apply to the following activities:

A. Farming or On-Site Construction. Excavation or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster;

B. Prospecting. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location. This exemption shall not apply to any single excavation that is greater than one acre in size;

C. Required by Federal Law. Surface mining operations that are required by Federal law, in order to protect a mining claim, if the operations are conducted solely for that purpose; and

D. Others. Other surface mining operations that the state Mining and Geology Board finds are exempt from state law (Public Resources Code, Section 2710 et seq.), because they are of an infrequent nature and involve only minor surface disturbances.

(Ord. 182 § 2 (part), 1997)

A. Application Contents. Applications for surface mining permits shall contain the following:

1. Complete Application. Completed planning application form and required fee and attachments (see also

Section 16.48.030); and

2. Mining and Reclamation Plans. Mining and reclamation plans prepared in compliance with state law (Public

Resources Code. Section 2710 et seq.).

B. State Geologist. Upon receipt of a completed application, the director shall notify the state geologist of the filing of request for a surface mining permit. In addition, the director shall include the state geologist in the public hearing notification list;

C. Conditional Use Permit Compliance. Review and decision of a surface mining permit application shall be conducted in compliance with Chapter 16.52 (Conditional Use Permits): and

D. Action of Commission. Following a review of the application and public hearing in compliance with Chap-ter 16.76. the commission shall take action upon the application indicating their decision and containing any conditions of approval and the findings of fact upon which the decision is based.

(Ord. 182 § 2 (part), 1997)

Following a review of the application and public hearing in compliance with Chapter 16.76, the commission shall act to approve, approve with conditions. or disapprove the surface mining permit. The commission may approve a surface mining permit only if all of the following findings of fact can be made in a positive manner:

A. The proposed use would not impair the integrity and character of the zoning district in which it is to be established or located;

• B. The proposed site is suitable fox the type and intensity of the proposed surface mining operation:

C. There are adequate provisions for sanitation, water, and public utilities and services to ensure that the proposed use would not result in residual hazards to the public convenience, health, safety, or general welfare, or be materially injurious to properties and improvements in the vicinity;

• D. The proposed use is consistent with state law (Public Resources Code, Section 2710 et seq.): and

• E. The mined lands would be reclaimed to a usable condition that is readily adaptable for an alternative land use(s) appropriate to the zoning district within which the site is located.

(Ord. 182 § 2 (part), 1997)

As a condition of approval for a surface mining and reclamation plan, an annual review shall be conducted by the director and city engineer to evaluate and ensure compliance with the approved plan. (Ord. 182 § 2 (part). 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a surface mining permit:

• A. Appeals. The decision of the commission shall be considered final unless an appeal is filed in compliance with

• Chapter 16.78 (Appeals).

B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved surface mining permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section

16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the surface mining permit.

If the use granted by the surface mining permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits and Extensions) shall deem the permit void.

C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved surface mining permit have been satisfied.

D. Changes. Minor changes to required conditions of an approved surface mining permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved surface mining permit.

F. Suspension/Revocation.

1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a surface mining permit-holder, the director may issue an or-der suspending the surface mining permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.

2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made. the director shall schedule a public hearing to consider the revocation of a surface mining permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permitholder, any party complaining of the violation, and to all ad-joining residents and property owners.

been made. the director shall schedule a public hearing to consider the revocation of a surface mining permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permitholder, any party complaining of the violation, and to all ad-joining residents and property owners.

3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the surface mining permit, in compliance with Chapter 16.68, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

(Ord. 182 § 2 (part), 1997)