Napa County Municipal Code Art. V Inspections, Appeals, and Administration

A. The county shall inspect, or cause to be inspected, a surface mining operation within six months after the planning director receives the annual mining report required under Section 16.12.710 in order to determine whether it is in compliance with the approved surface mining permit, the Surface Mining and Reclamation Act, and State Board Reclamation Regulations. Said inspection shall be conducted using an approved form provided by the State Board.

B. In no case shall the county inspect a surface mining operation less than once a calendar year.

C. The operator shall be solely and entirely responsible for the cost of inspections.

D. The planning director shall notify the Department of Conservation within thirty days of the completion of the inspection using forms approved and provided by the State Board. The notice shall contain a statement regarding which aspects of the mine's operation, if any, are not in compliance with law. The notice shall further indicate whether the permittee has any appeals or reclamation plan, financial assurance, or interim management plan reviews pending. The planning director shall transmit a copy of the notice to the operator, together with supporting documentation.

(Ord. 1150 § 2 (part), 1998)

A. Except as provided in subsection (B) of this section, any person aggrieved by the denial or issuance by the planning commission, zoning administrator, or planning director of a permit pursuant to this chapter or by the imposition of a condition or conditions to such permit, may appeal such denial or issuance to the board of supervisors pursuant to Chapter 2.88 of this code.

B. Any person may appeal to the State Board the failure to act according to due process, or the reliance on considerations not related to the specific requirements of Public Resources Code Sections 2772 and 2773 and this chapter in reaching a decision to deny a reclamation plan, or the failure to act within a reasonable time pursuant to Article 5 (commencing with Section 3650) of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.

(Ord. 1150 § 2 (part), 1998)

A. An approved master mining plan may be amended at any time. All proposed amendments shall be on forms provided by the planning department and be accompanied by the required filing fee and such data as is required to complete an environmental assessment. They shall be processed and heard in the same manner as an application for a surface mining permit.

B. Amendments shall be granted only if:

1. The proposed amendments are necessary or desirable to assure a more practical recovery of the mineral resource and will not produce multiple future disturbances of surface land or waters;

2. No substantial adverse environmental damage, either on- or off-site, will result from delay, if any, in completion of reclamation;

3. The security required to be filed by the applicant with the county is adequate, or additional security has been filed to guarantee compliance with the amended reclamation plan;

4. 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 mining operations; and

5. The approval of the amendment will not be detrimental to the public health, safety or welfare, is compatible with the objectives and policies of the county's general, and applicable specific, plans, and complies with the zoning of the site.

(Ord. 1150 § 2 (part), 1998)

A. Notwithstanding Section 16.12.520, minor changes to an approved master mining plan may be submitted to and approved by the planning director.

B. Within thirty days of receipt of a request for approval of a minor change, the planning director shall determine whether or not the change requested is in fact minor. If it is determined that the change is not minor, the application shall be deemed an application for an amendment, and shall be noticed and set for hearing like any other amendment to a master mining plan. If the change is considered minor, the planning director shall summarily approve or deny the request and notify the applicant in writing within ten days of his/her decision. The decision of the planning director as to whether or not the request involves a minor change and whether or not the request, if minor, should be approved shall be final.

C. Requests for a minor change shall only be approved if:

1. There is no possibility that the proposed change may have a significant adverse effect on the environment;

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

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

4. The reclamation plan, as revised, 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 mining operations; and

5. The proposed change will not be detrimental to the public health, safety, or welfare and complies with the zoning of the site.

(Ord. 1150 § 2 (part), 1998)

A. No person who has obtained vested rights to conduct surface mining operations prior to January 1, 1976, shall be required to secure any permit pursuant to the provisions of this chapter, as long as such vested right continues and no substantial change is made in that operation. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he has, in good faith upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for the work and materials necessary therefor. Expenses incurred in obtaining the issuance of any permit related to the surface mining operation shall not be deemed liabilities for work and materials.

B. A person who has a vested right to conduct surface mining operations prior to January 1, 1976, shall as a condition of commencing or continuing his operation submit on or before March 31, 1988, to the planning department for approval by the planning director, a secured reclamation plan for vested operations that are to be conducted after January 1, 1976, shall provide securities meeting the requirements of Article IV of this chapter, and shall apply for inspections by the planning director in the same manner and with the same frequency as the owners/operators of non-vested mines. Except as provided in subparagraphs (c), (d), or (f) of Section 2770 of the Public Resources Code, if no such plan has been approved by July 1, 1990, continuation of the surface mining operation shall be prohibited until such time a secured reclamation plan is approved by the county.

C. Any substantial change in a vested surface mining operation subsequent to January 1, 1976, shall require the granting of a permit pursuant to this chapter.

(Ord. 1150 § 2 (part), 1998)

A. Within ninety days of a surface mining operation becoming idle, the operator or owner shall submit a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of the Surface Mining and Reclamation Act including but not limited to all permit conditions, and shall provide measures the operator and/or owner, will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning director and shall be processed as a minor revision to the reclamation plan under Section 16.12.530. IMPs shall not be considered a project for the purposes of environmental review.

B. No less than thirty-five days before the planning director takes action on the proposed IMP, he shall forward it to the Department of Conservation for review.

C. Within sixty days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning director shall review and approve or deny the IMP. If the planning director denies the proposed IMP, the operator may appeal that decision to the board of supervisors.

D. The IMP may remain in effect no more than five years, at which time the operator or owner may file to renew the IMP for another period not to exceed five years. Said renewal shall be processed as an amendment to the reclamation plan under Section 16.12.520. The planning commission may approve this renewal, require implementation of a revised IMP, or require the operator to commence reclamation in accordance with the approved reclamation plan.

E. Financial assurances for idle operations shall be maintained as though the operation were active.

(Ord. 1150 § 2 (part), 1998)

A. In the event of a proposed abandonment of a mining operation, the operator or owner shall provide written notification to the planning department of its intention to abandon the site at least thirty days prior to such abandonment. Said notification shall be accompanied by proposed modifications of the applicable reclamation plan. The planning director or his delegate shall inspect the site prior to the date of the proposed abandonment and shall notify the operator and owner of any necessary protective devices or structures required pending reclamation of the site. Such temporary protective devices shall be installed before the site may be abandoned.

B. Upon the receipt of a notice to abandon, the planning department shall review the proposed modifications to the reclamation plan and determine whether or not such modifications will result in adequate reclamation of the site. If additional modifications are required, the planning director shall notify the permittee in writing of the additional modifications needed. Any proposed modifications shall contain a schedule for completion, which shall not exceed the date of completion of reclamation had the mining operation not been abandoned.

C. Within thirty days of receipt of the planning director's determination, the permittee shall file an application for amendment of the original reclamation plan pursuant to Section 16.12.520, and if the existing security is not sufficient, shall post such additional security as may be required to guarantee reclamation in accord with the amended reclamation plan.

D. Failure of an owner or operator to provide notice of abandonment shall not constitute evidence of non-abandonment if no materials have been commercially mined from the site for a year or more and there is no approved interim management plan in place.

(Ord. 1150 § 2 (part), 1998)

The county shall prepare, or cause to be prepared, and certify the completion of an environmental impact report for any open pit mining operation subject to this chapter that utilizes a cyanide heap-leaching process to produce gold or other precious metals.

(Ord. 1150 § 2 (part), 1998)

A. If an area is designated by the State Board as an area of regional or statewide significance, it shall be protected from intrusion by incompatible land uses to the greatest extent possible consistent with the county general plan. Prior to permitting a use that could threaten the potential to extract minerals, the county shall prepare a statement specifying its reasons for permitting the use and distribute same in accordance with Section 16.12.590.

B. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval shall be applied to minimize potential conflicts.

(Ord. 1150 § 2 (part), 1998)

A. If any area is classified by the State Geologist as one containing significant mineral deposits and the county has either designated the area in its general plan as having minerals to be protected or has not yet done so, then before permitting a use which would threaten such materials, the county shall prepare appropriate environmental documents or, if no such document is prepared, a statement specifying its reasons for permitting the use and forward a copy to the State Geologist and the State Board for review.

B. If a proposed use is subject to the California Environmental Quality Act, the county shall comply with the public review requirements of the Act. Otherwise, it shall give notice of the availability of the statement referred to in subsection (A) of this section by:

1. Publishing a notice at least once in a newspaper of general circulation in the area affected; and

2. Mailing a notice to all owners of property within one-half mile as shown on the latest equalized assessment roll.

C. The public review period for the statement referred to in subsection (A) of this section shall be no less than sixty days from the date notice is given and shall include at least one public hearing. The county shall evaluate comments received and respond in writing.

(Ord. 1150 § 2 (part), 1998)