Napa County Municipal Code Art. III Surface Mining Permits

Unless exempted by Section 16.12.050 or Section 16.12.540, no person shall conduct surface mining operations in the unincorporated area of the county unless a permit is obtained from, a reclamation plan has been submitted to and approved by, and financial assurances for reclamation have been accepted by the county.

(Ord. 1150 § 2 (part), 1998)

All applications for a permit shall include a master mining plan, which shall be composed of a mining plan and a reclamation plan, shall be filed with the planning department on forms provided by the planning department, shall be accompanied by the required filing fee, and shall be signed by the owner and, if different, the operator. An application shall not be deemed complete or accepted for filing, and the time limitations for processing a permit shall not begin to run, unless and until the planning director certifies the application is complete. The planning director shall not certify an application as complete unless it contains:

A. All the information and data required by Section 2772 of the Public Resources Code and this chapter;

B. All information needed to complete any required environmental assessment;

C. The names and addresses of all property owners listed on the most recent update of the equalized assessment roll as owning property situated within three hundred feet of the mining property; and

D. Such additional information as may be required by the planning director.

(Ord. 1150 § 2 (part), 1998)

The mining plan shall contain to the extent applicable all of the following information:

A. The names and addresses of the permit applicant, including his or her telephone number; every legal or equitable owner of record of the property to be mined, including mineral interests; the holders of record of any leasehold interest in the property to be mined; any purchaser of record under a real estate contract of the property to be mined; the operator, if the operator is a person different than the applicant, including his or her telephone number; the resident agent of the applicant who will accept service of process, including his or her telephone number; the owner of record of all surface and mineral areas contiguous to any part of the proposed permit area; and the name and address of the person to be contacted by the planning director in the event consultation with the applicant is necessary. Each application shall also contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity;

B. A description of the environment of the mining property, including any potential mining sites. Such description shall include, at a minimum, a report of geologic conditions specifying the general geology of the area and providing a detailed description of the mine site itself, including potential geologic hazards; a report of the types, depths and distribution of soils; principal minerals or rock types present; climatological data identifying precipitation and average direction and velocity of prevailing winds; the quality of the surface and ground water supplies present prior to commencement of mining, and distribution, abundance and habitat of fish and wildlife;

C. The uses of the mining property at the time the mining plan is submitted for approval, including the capability of the mining property immediately prior to any mining to support alternative uses;

D. A narrative description with tables, where appropriate, of the proposed operation, identifying:

1. The type and method of mining techniques to be utilized, including the major equipment to be used for all aspects of those operations and the maximum anticipated depth to which mining will extend;

2. The construction, use, maintenance, and ultimate removal of each of the following types of facilities:

a. Each water diversion, collection, conveyance, treatment, storage, and discharge facility, including but not limited to dams, embankments and other impoundments,

b. Overburden, ore, tailings, and topsoil handling and storage areas and structures,

c. Ore removal, handling, storage, cleaning and transportation areas and structures,

d. Mining facilities,

e. Water and air pollution control facilities, and

f. Explosives storage and handling facilities, including the amount of explosives to be stored on site;

3. The quantity and quality of water required by the proposed operation, identifying the proposed sources of water, the method of conveyance to portions of the property on which it will be used, and the method of disposal of used and/or surplus water, and

4. The type and approximate amounts of mineral commodities to be removed and the approximate amounts of waste materials to be disposed on and off site, including the method and location of disposal of any water utilized;

E. A discussion of the probable extent to which the proposed surface mining activities may proximately result in contamination, diminution, or interruption of underground or surface water. If contamination or interruption of water supplies presently relied upon for domestic, agricultural or industrial use at any downstream location may occur, alternative sources of water that could be developed to replace the existing sources under such circumstances must be identified;

F. A list of the measures to be taken to prevent or control fire, to minimize air pollution, to minimize soil erosion, to prevent pollution of surface and groundwater, to prevent flooding, to salvage existing topsoil, to protect the habitat of fish and wildlife in the area, and to generally prevent excessive erosion and surface runoff in other than natural drainage courses;

G. A blasting plan for the proposed permit area:

1. The following information shall be required regardless of the location of the mining operation:

a. Types and approximate amounts of explosives to be used for each type of blasting operation to be conducted, including estimated maximum dBA levels for each type of blasting at the outer perimeter of the site,

b. Description of blasting warning and site access control equipment and procedures,

c. Description of types, capabilities, sensitivities, and locations of use of any blast monitoring equipment and the procedures proposed to be used, and

d. Description of plans for recording and reporting to the regulatory authority the results of pre-blasting surveys, if required.

2. The following additional information shall be provided if the distance from the outer perimeter of the blasting site to the nearest structure not owned by the operator is less than one-half mile, or if the distance from the outer perimeter of the blasting site to the nearest structure used for human habitation not owned or utilized by the operator or an employee of the operator is less than one mile, or if the distance from the outer perimeter of the blasting site to any area that has density of one dwelling unit or more per acre is less than ten miles:

a. Description of procedures and plans for recording and retention of information on the following:

i. Drilling patterns, including size, number, depths and spacing of holes,

ii. Charge and packing of holes,

iii. Types of fuses and detonation controls, and

iv. Sequence and timing of firing holes; and

b. Description of unavoidable hazardous conditions for which deviations from the blasting schedule will be needed;

H. A description of the anticipated progression of all operations of the facility, indicating time frames for each phase and the estimated life of the operation; the anticipated progression of stripping and excavating should be shown through the use of cross-sections, elevations and topographic maps; the proposed dates for the initiation and termination of surface mining shall in addition be specified;

I. The time lag between mining and reclamation and equipment siting and removal and/or relocation, together with the reasons for same;

J. Whether excavation and reclamation will occur simultaneously and, if not, the reasons why such an approach is not feasible;

K. Maps and plans of the proposed mining operations specifying:

1. The extent of the area to be affected within the proposed permit area. If the mining is to be accomplished in phases, the land to be affected by each phase must be clearly indicated,

2. The location of all access roads to be utilized and/or constructed in conducting mining operations,

3. The location of all streams, watercourses, structures, roads, railroads, sewage disposal systems, water wells, and utility facilities within, passing through, or passing over the mining site, or within one thousand feet thereof, and the potential for altering runoff patterns as a result of topographic alterations, and

4. The outer perimeter of the blasting site, with all structures within one mile of the site indicated on the map. Each such structure shall be identified as to ownership, and whether or not it is to be used as a dwelling for human habitation.

The maps submitted shall be presented in a consolidated format to the extent possible, and shall include topography and all other types of information that are typically set forth on U.S. Geological Survey topographic maps. Maps of the permit area shall be in a scale of 1:4800 or larger;

L. If the performance bonds or other security to be posted will be limited to certain areas of the site, each area shall be clearly designated, together with a description of the security to be posted for that area;

M. Documentary evidence that all owners of the land including owners of a possessory interest in the land have been notified of the proposed mining operation; and

N. Such other data as may be determined by the planning director to be necessary.

(Ord. 1150 § 2 (part), 1998)

The reclamation plan shall comply with the provisions of the Surface Mining and Reclamation Act and State Board Reclamation Regulations. It shall, in addition to these and all other requirements, be signed by the applicant and either the principal mining engineer or some other qualified person responsible for drawing up the plans who is acceptable to the planning director. The plan shall at a minimum contain the following information:

A. A detailed schedule of the anticipated sequence and timing of each phase of the reclamation. Each phase shall be specifically described and the following information specified therefor:

1. The beginning and ending dates thereof;

2. All reclamation activities required;

3. Criteria for determining completion of specific reclamation activities; and

4. Estimated costs for completion of said phase;

B. A physical/environmental description of the site prior to commencing operations or, if operations have already commenced, a description as of the date the application is filed;

C. The location and condition of any mined area that was completed or abandoned prior to January 1, 1976, and which will not be mined pursuant to the present application for a surface mining permit, if granted;

D. The method of grading, backfilling, soil stabilization, compacting, or contouring to be used to ensure that the mining property will contain stable slopes and waste piles; final slope gradients for the mining property flatter than the critical gradient for the type of material involved must be specified. When the final slopes proposed are within five degrees of the critical gradient, an engineering analysis of slope stability shall be provided;

E. The amount of settlement expected in filled areas. Where ultimate site uses include roads, building or other improvements sensitive to settlement, specifications for fill compaction conforming with good engineering practice shall be included;

F. The extent of the areas to be mined to produce additional materials for backfilling and grading;

G. The extent of any stream or watershed diversions planned and the manner in which rehabilitation of pre-mining drainage will occur. A description of the manner in which affected streambed channels and streambanks will be rehabilitated to a condition minimizing erosion and sedimentation shall be included;

H. The method by which contaminants remaining upon completion of the mining operation will be controlled so as to avoid contamination of surface runoff and groundwater;

I. The disposition of mine waste rock and overburden and the method to be utilized to salvage and re-use existing topsoil;

J. The method of soil preparation and fertilizer used to prepare the land for replanting, and the type and mixture of shrubs, trees, grasses or other vegetation to be planted, including the method of planting, approximate quantity, and spacing. All land in areas containing Class I, II or III soils that are zoned primarily for agricultural use must be reclaimed to an agriculturally productive state equal or superior to that existing before mining commenced. All other lands zoned primarily for agricultural use must be reclaimed so as to reasonably permit the use of the land in a manner that is compatible with agriculture;

K. The manner in which structures, machinery, waste materials and scraps will ultimately be removed from the reclaimed site, including a description of all structures to remain on-site after reclamation has been completed and their ultimate use and location;

L. A set of detailed, site specific reclamation performance standards. The county may modify or impose additional performance standards beyond those proposed based on its review of the individual permit or through the formulation and adoption of countywide standards;

M. The ultimate uses to which the land is proposed to be put after reclamation, including a discussion of the consistency of such proposed uses with any applicable general and specific plans and the existing uses of adjacent properties. How reclamation may affect the future use of the area and surrounding lands for other purposes, including mining purposes shall be indicated;

N. If underground mining techniques are to be utilized, the measures to be taken to prevent subsidence from causing material damage to the surface, so as to maintain the value and reasonable foreseeable use of surface lands;

O. The effect on public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site;

P. A reasonable detailed cost estimate of the probable costs of the reclamation to be conducted taking into account inflationary factors. The most current Department of Conservation Financial Assurance Cost Estimate Forms and methodologies shall be used and supporting data for all required estimates shall be provided. If the mining and reclamation are to be completed in phases, a breakdown of the estimate of the cost of reclamation for each phase shall be included;

Q. A reasonably detailed financial statement by the applicant, which demonstrates that sufficient funds will be available to enable the applicant to reclaim the land;

R. A map which will delineate through the use of cross-sections and elevations the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall be provided with the location of the reclaimed land clearly indicated. The map must show existing bodies of surface water, topographic, cultural and drainage features, and the proposed location of drill holes, trenches and roads;

S. Documentary evidence that all owners of the land including owners of a possessory interest in the land have been notified of and concur with the proposed use or potential uses, to which the site is to be put after reclamation; and

T. Such other data as may be required by the planning director.

(Ord. 1150 § 2 (part), 1998)

Reclamation activities shall be commenced at the earliest possible time on those portions of mined lands that are not subject to further disturbance. Interim reclamation may also be needed for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the county.

(Ord. 1150 § 2 (part), 1998)

A. All applications shall be submitted to the planning department for review prior to filing. Within thirty days after the receipt of an application, the planning director shall review it and shall inform the applicant in writing whether or not the application is considered complete. If the application is complete, it shall be accepted for filing immediately if the required filing fees have been paid. If the application is found to be incomplete, the applicant shall be so notified in writing, together with a description of the types of information that must be submitted to make the application complete.

B. Upon determination that the application submitted is complete, the planning director shall notify the Department of Conservation that an application for a permit has been filed. Whenever mining operations are proposed in the one-hundred-year floodplain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, or within one mile upstream or downstream of any state highway bridge, the planning director shall also notify the State Department of Transportation.

C. No later than fifteen days after receipt of a complete application, the planning director shall submit the reclamation plan or reclamation plan amendment provided along with all relevant documentation to the Department of Conservation for review. Pursuant to state law thirty days shall be provided for comment. Said submittal shall contain a certification by the county that the plan or plan amendment is in compliance with all relevant State Board Reclamation Regulations (Sections 3500 et seq. and 3700 et seq. of Title 14 of the California Code of Regulations).

D. The planning director shall evaluate the written comments received from the Department of Conservation and any variance between his recommendations and the recommendations contained therein shall be noted in the staff report provided the planning commission.

E. No later than sixty days after receipt of a complete application which does not require an environmental impact report, or no later than one hundred eighty days after receipt of a complete application which requires the preparation of an environmental impact report, the planning commission shall hold a public hearing to consider approval or denial of the application. Approval or denial of the project may take place at this hearing, or the hearing may be continued at the discretion of the commission.

F. At the time set for the hearing, or any continuation thereof the planning commission shall hear all relevant testimony from interested persons, close the hearing, and within a reasonable time after the close of the hearing, make its decision. Approval of any permit shall be subject to such conditions as are necessary to protect the health, safety and general welfare of the community, and shall further be conditioned upon compliance with the approved master reclamation plan.

G. The decision of the planning commission and the reasons therefor shall be reduced to writing, and the planning director shall mail a copy thereof to the operator, owner and, if different, applicant and to any person who has made a written request for a copy of the decision.

H. Following approval of a surface mining permit or permit amendment the planning director shall forward copies of the permit or permit amendment itself along with any related reclamation plan/reclamation plan amendment to the Department of Conservation. If the permit or permit amendment involves adoption or amendment of a reclamation plan, the planning director shall include with this submission a response to any Department of Conservation comments received under subsection C of this section. Said response shall describe the disposition of the major issues raised and shall address, in detail, why specific comments and suggestions were not accepted. Copies of Department of Conservation comments and the response prepared thereto shall be provided the operator, owner, and, if different, applicant.

(Ord. 1150 § 2 (part), 1998)

The planning commission or, on appeal, the board of supervisors shall approve an application for a permit pursuant to this chapter only if all of the following findings are made:

A. The application is complete and the plans and reports submitted therewith adequately describe the proposed operation,

B. The project is supported by adequate environmental documents that comply with the provisions of CEQA,

C. The mining operation to be conducted and subsequent reclamation of the site provide for specific changes or alterations which avoid or mitigate the significant environmental effects of the project as identified in the recommended negative declaration or final EIR or if an EIR was prepared that specifically identified economic, social or other considerations make infeasible the mitigation measures or project alternatives identified therein,

D. The application as approved demonstrates that the proposed operation will be conducted in compliance with the provisions of the Surface Mining and Reclamation Act, State Board Reclamation Regulations including but not limited to Sections 2502, 3503 and 3700-3713 of Title 14 of the California Code of Regulations, and this chapter,

E. Any comments received from the Department of Conservation pursuant to Section 16.12.350(C) have been reviewed and considered by the Commission,

F. The mining operation and reclamation plans, as approved, are consistent with the objectives, policies and general land uses and programs set forth in the general plan, any specific plan applicable to the area of operations, and the zoning of the site,

G. The reclamation to be undertaken will restore the mined lands to a usable condition which is readily adaptable for alternative land uses which are consistent with the general plan and any specific plan applicable to the area of operations,

H. Appropriate conditions have been imposed to ensure that the site, during and after reclamation, will not cause a public hazard, will not impair the character of the surrounding neighborhood, nor be detrimental to the public health, safety or general welfare, considering the degree and type of present and probable future exposure of the public to the site,

I. The proposed timing for reclamation requires reclamation to be fully completed as soon as it is feasible, considering the particular circumstances of the site to be reclaimed, and provides for appropriate incremental reclamation at the earliest feasible time, considering the particular circumstances of the site to be reclaimed,

J. The estimated cost of the reclamation reasonably approximates the probable costs of performing the reclamation work proposed in the reclamation plan approved, the permittee will be financially able to complete the reclamation, and the security to be posted will be sufficient to ensure completion of the required reclamation, and

K. The applicant has a public liability policy in force for both the mining and reclamation operation 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 such operations.

(Ord. 1150 § 2 (part), 1998)

A. To the extent practicable, all required public hearings shall be set so that the hearings on the environmental aspects of the project shall be heard simultaneously with the hearing on issuance of the permit itself.

B. Public hearings to consider the granting, suspension, revocation or amendment of a permit shall be noticed in accordance with the following procedure:

1. Not less than thirty days prior to the date set for a hearing, the planning director shall cause notice of the hearing to be given as follows:

a. Notice shall be published not less than once in a newspaper of general circulation, published and circulated in the county or posted in not less than three prominent locations adjacent to the property,

b. Notice shall be mailed to all persons shown on the most recent update of the equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed mining operation,

c. If the hearing involves the revocation or suspension of a permit, notice shall be sent to the owner and operator by certified mail, and

d. Notice shall also be sent to any person who has requested in writing notice of this or any surface mining permit hearing.

2. All such notices shall state the date, time and place of the hearing, shall include a general explanation of the matters that are to be considered at the hearing, including the location of the mining property, shall state that any person may appear and be heard, and shall indicate that if the initial hearing is before the planning commission, the failure to comment orally or in writing to the planning commission shall bar a later appeal to the board of supervisors. If a negative declaration will be recommended for the project, the notice shall also state that at the time of the hearing and before a decision on the permit is made, the planning commission will receive comments and determine whether or not the recommended negative declaration should be adopted.

(Ord. 1150 § 2 (part), 1998)