Napa County Municipal Code Art. I General Provision and Definitions

The board of supervisors finds that:

A. The extraction of minerals is important 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.

B. 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.

(Ord. 1150 § 2 (part), 1998)

A. It is the purpose and intent of this chapter to regulate all commercial surface mining operations in the unincorporated area of the county, as required by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.) to ensure that:

1. The reclamation of mined lands will be carried out in such a way that the continued mining of minerals will be permitted;

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

3. Residual hazards to the public health and safety will be mitigated to the maximum extent possible; and

4. The production and conservation of minerals will be encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

B. This chapter shall not be construed as exempting any activity from, or interpreted so as to conflict with any county, federal, or state regulation or law which, except for the enactment of the ordinance codified in this chapter, would be applicable.

(Ord. 1150 § 2 (part), 1998)

The definitions of those words found in Section 2710 et seq. of the Public Resources Code and in Section 3501 of Title 14 of the California Code of Regulations are incorporated into this code as though set forth at length herein. In addition, unless the context otherwise requires, the following words shall have the following meanings:

"Abandon" or "abandonment" means to cease surface mining prior to completion of required reclamation, or to cease surface mining whether or not actual reclamation has commenced, or both. Mere non-use shall not constitute abandonment; provided, however, that non-use for twelve consecutive months or longer shall create a rebuttable presumption of abandonment.

"Applicant" means any person seeking a permit to conduct surface mining and reclamation, exploration, or prospecting operations in the county.

"Board of supervisors" means the board of supervisors of the county.

"CEQA" means the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

"Collateral bond" means an agreement for a specific maximum sum payable to the county, executed by the permittee, and secured by the deposit with the county of cash, negotiable bonds of the United States or of any state or municipality, negotiable securities, certificates of deposit, or a letter of credit in a form acceptable to the county of any bank organized or authorized to transact business in the United States.

"County" means the County of Napa.

"Commercial surface mining" means a surface mining operation that involves the exchange of cash, goods, or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for the materials being mined.

"Department of Conservation" means the Department of Conservation of the State of California.

"EIR" means a detailed statement setting forth the environmental effects and considerations pertaining to a project, as specified in Section 21100 of the California Environmental Quality Act, and may mean either a draft or a final EIR.

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to sampling, assaying, drilling, or any surface or underground work needed to determine the type, extent or quantity of mineral present.

"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 since 1976 with the intent to resume those surface mining operations at a future date.

"Incompatible land uses" means land uses that are inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial uses. In contrast compatible land uses include, very low-density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing and open space uses.

"Master mining plan" means a plan for the mining, reclamation, and ultimate use of the mining property. It includes two components; the mining plan, which specifies how the mine will be operated, and the reclamation plan, which specifies how the site will be reclaimed.

"Mining property" means and includes all property that is physically affected by exploration, development and mining operations, or the construction of facilities necessary and related to such operations.

"Notice of noncompliance" means that notice sent to the permittee informing him that his/her surface mining operation is not in compliance with the applicable master mining plan.

"Operator" means any person other than an employee with wages as his/her sole compensation who is engaged in surface mining operations or who contracts with others to conduct operations on his behalf.

"Owner" means any person who owns or has any interest in real property physically disturbed by a surface mining operation.

"Permit" means any formal authorization from or approval by the county, the absence of which would preclude surface mining, exploration, or prospecting operations.

"Permittee" means the owner, the operator, or any duly authorized representative of the owner or operator.

"Person" means any individual, firm, association, corporation, organization, or partnership; any city, county, or district; or the state of California or any department or agency thereof.

"Planning commission" means the planning commission of the county.

"Planning department" means the planning, building and environmental services department of the county.

"Planning director" means the director of the planning, building and environmental services department of the county.

"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 surface 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 alternate 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.

"Site" means a lot or parcel of land, a series of lots or parcels of land which are contiguous, or a series of noncontiguous lots or parcels which could become an extension of an existing or proposed excavation.

"State Board" means the State Mining and Geology Board in the Department of Conservation, State of California.

"Subsidence" means the lowering of surface elevations over an underground mine caused by loss of support and subsequent caving of strata lying above the mine.

"Surface Mining and Reclamation Act" means the California Surface Mining and Reclamation Act of 1975 (i.e., Section 2710 et seq. of the State Public Resources Code).

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals 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 include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials and the recovery of same.

"Topsoil" means the upper part of the solid profile that is relatively rich in humus, which in the field of agronomy is known as the A-1 horizon of the soil profile.

"Zoning administrator" means the zoning administrator of the Napa County.

(Ord. 1150 § 2 (part), 1998)

(Ord. No. 1379, § 84, 1-29-2013)

A. The provisions of this chapter shall apply to all unincorporated land within the county, both public and private.

B. No person shall conduct mineral exploration, prospecting, or surface mining operations in the unincorporated area of the county without first obtaining an exploration or surface mining permit pursuant to Section 16.12.200 or 16.12.300 of this chapter except as otherwise provided in Sections 16.12.050 and 16.12.540.

(Ord. 1150 § 2 (part), 1998)

The provisions of this chapter are not applicable to:

A. Non-commercial surface mining;

B. Commercial surface mining, exploration, and prospecting operations that involve the removal of a total of less than one thousand cubic yards of minerals, ores, and overburden, or the disturbance of less than one acre in any one location (see Section 2714(d) of the State Public Resources Code);

C. Geological, geochemical or geophysical mapping, hand surface-sampling of outcrops and soil, and core or other test drilling, which do not involve extensive excavation (see sub-section 2 above), devegetation or other significant environmental impact;

D. The solar evaporation of sea or bay water for the production of salt and related minerals;

E. Excavations or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster;

F. Onsite excavation and onsite earthmoving activities which 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, whether or not surface materials are exported so long as all four requirements of Section 2714(b) of the State Public Resources Code are met;

G. Operation including on-site stockpiling and mineral recovery of a mineral processing plant on lands zoned and designated in the Napa County general plan for industrial use so long as none of the minerals being processed are being extracted on-site and all reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976;

H. 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;

I. Emergency excavations or grading conducted by the State Department of Water Resources or the State Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies;

J. Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the State Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the State Reclamation Board for the purpose of flood control, if the State Department of Water Resources adopts, after submission to and consultation with, the Department of Conservation, a reclamation plan for the lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the State Board;

K. Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with State Board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the State Department of Forestry and Fire Protection. This exemption does not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes;

L. Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all four requirements of Section 2714(k) of the State Public Resources Code;

M. Surface mining operations that were conducted and completed or abandoned prior to January 1, 1976;

N. Such other surface mining operations as are categorically identified by the State Board as exempt from the provisions of the Surface Mining and Reclamation Act because they are of an infrequent nature and involve only minor surface disturbances; and

O. Such other surface mining, exploration, and prospecting operations as are henceforth found to be exempt under the provisions of the Surface Mining and Reclamation Act as hereafter amended.

(Ord. 1150 § 2 (part), 1998)

A. Exploration and surface mining permits and the applications therefore are the property of the owner(s) of the parcel(s) involved. Their ownership can not be severed nor held separate from ownership of the land.

B. The mine operator, the owner(s) of the property effected, and their respective successors-in-interest shall be jointly and severely liable for compliance with all conditions of the permit(s) issued and reclamation of the mining property in conformance with the most current master mining plan approved. The mine operator and the property owner(s) shall at the time of surface mining permit submission submit signed statements formally accepting said liability. Thereafter, prior to the sale or transfer of the operation/property, the new mine operator/property owner(s) shall file with the county a signed statement formally accepting liability for all reclamation remaining to be done.

(Ord. 1150 § 2 (part), 1998)

Whenever any surface mining operation or portion of an operation subject to this chapter is sold, assigned, conveyed, exchanged, or otherwise transferred, whether voluntarily or by operation of law, the original operator and owner as well as each successor-in-interest shall be bound by the provisions of any master mining plan approved pursuant to the provisions of this chapter; provided, however, that the original operator and/or owner or any successor-in-interest may be relieved from all liability for completing the reclamation by action of the board of supervisors if, after application to the board, it is determined that the current operator and/or owner has posted adequate security to ensure completion of all remaining reclamation.

(Ord. 1150 § 2 (part), 1998)

Any permit that is not used within one year from the effective date thereof shall be null and void. For the purpose of this section, the term "use" shall mean either by beginning of a substantial surface mining operation in accordance with the approved master mining plan, or by demonstrating that the permittee has incurred substantial expense in an attempt to secure required permits at the state or federal level but that, despite due diligence, the permits have not yet been issued, and that it is probable that they will be issued within an additional eighteen months from the expiration of the one-year period.

(Ord. 1150 § 2 (part), 1998)

A. Plans, reports, applications, and other documents including mining reports submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the planning director that the release of such information, or any part thereof, would reveal production, reserves, trade secrets, or rate of depletion entitled to protection as proprietary information.

1. If the planning director concludes the material does not constitute proprietary information, the operator shall be notified in writing of this decision which may be appealed to the board of supervisors in accordance with Chapter 2.88 of the county code.

2. The planning director and the board of supervisors shall hear the issue of the claim of confidentiality in such a manner as to preserve the confidentiality of the contents of the records at issue until the validity of said claim is determined by the planning director or the board of supervisors.

3. In the event the board of supervisors disallows the claim of confidentiality, the operator may withdraw the documents claimed to be confidential; provided, however, if an application or report is incomplete without such documents, the surface mining permit may be denied, revoked or suspended due to the submission of an incomplete application.

B. The planning director shall identify material deemed proprietary information as a separate part of each application, which shall be kept in a separate confidential file.

C. A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished upon request of the Director of the Department of Conservation by the planning director. Proprietary information shall be made available to persons other than the Director of the Department of Conservation only when permitted by law or when authorized by both the operator and owner.

(Ord. 1150 § 2 (part), 1998)

The county may, by resolution of the board of supervisors, impose fees sufficient to fully cover the costs of implementing this chapter and state regulations, including but not limited to, processing of applications, review of annual reports, and undertaking of inspection, monitoring, enforcement and compliance actions.

(Ord. 1150 § 2 (part), 1998)