Article III — SURFACE MINING PERMITS

SEC. 25-25. APPLICATION.

Applications for surface mining permits shall be filed with the department on a form provided by the director. The application shall include all environmental review forms and information required by the director, and shall be accompanied by a fee in an amount established by resolution of the city council. The application shall be consistent with the requirements of SMARA and the regulations of this chapter.

(Ord. No. 2579)

SEC. 25-26. NOTIFICATION OF FILING.

(A) No later than 30 days after acceptance of a surface mining permit application as complete, the director shall notify the State Department of Conservation of the filing of the application.

(B) No later than 30 days after acceptance of a surface mining permit application as complete, the director shall notify the State Department of Transportation of the filing of the application if both of the following conditions are satisfied:

(1) The proposed mining operations are in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal

Emergency Management Agency; and

(2) The proposed mining operations are within one mile, upstream or downstream, of any State highway bridge.

(Ord. No. 2579)

SEC. 25-27. APPROVAL OR DENIAL OF SURFACE MINING PERMIT.

(A) The commission shall approve or deny an application for a surface mining permit after conducting a public hearing. If notification of the filing of the application has been given pursuant to section 25-26(B), such hearing shall not be held until the State Department of Transportation submits its comments or until 45 days from the date the application was accepted as complete, whichever occurs first.

(B) The commission may approve a surface mining permit application upon making the following findings:

(1) The proposed surface mining operation will not be detrimental to the public health, safety and welfare.

(2) The proposed surface mining operation is consistent with the requirements of the SMARA, the SMARA Regulations and this chapter.

(3) The mining plan has been reviewed if and as required by CEQA and any significant, adverse impacts of the proposed mining operation are mitigated to the

extent feasible by conditions imposed pursuant to subsection (C) of this section or otherwise.

(C) The commission may impose such conditions as deemed reasonably necessary when approving a surface mining permit.

(D) The director shall send a copy of each approved surface mining permit, any conditions imposed on such permit, and relevant supporting documents to the State Department of Conservation.

(Ord. No. 2579)

SEC. 25-28. EXPANSION OF SURFACE MINING OPERATION.

(A) No expansion or minor expansion of a surface mining operation for which a surface mining permit has been issued shall occur without the prior approval of a modification of such permit. For purpose of this section, the following definitions shall apply:

(1) “Expansion” shall mean an increase in the land area on which a surface mining operation is conducted, or an increase in the depth to which a surface mining operation is conducted, beyond that authorized by an existing surface mining permit.

(2) “Minor expansion” shall mean:

(a) An increase in the land area on which a surface mining operation is conducted by an amount that does not result in the total land area of such operation

exceeding the land area originally approved for such operation by more than the lesser of one acre or 25 percent; or

(b) An increase in the depth to which a surface mining operation is conducted by not more than ten feet, provided that such depth does not reach within ten feet

of the average level of ground water.

(B) Applications for modification of a surface mining permit shall be processed in the same manner as applications for a surface mining permit; provided, however, that applications related to minor expansions may be approved or denied by the director without a public hearing.

(C) The commission or the director may approve an application for modification of a surface mining permit upon making the following findings:

(1) The proposed modification will not be detrimental to the public health, safety and welfare.

(2) The proposed modification is consistent with the requirements of the SMARA, the SMARA Regulations and this chapter.

(3) The proposed modification has been reviewed if and as required by CEQA and any significant, adverse impacts of the proposed modification are mitigated to

the extent feasible by conditions imposed pursuant to subsection (D) of this section or otherwise.

(D) The commission or the director may impose such conditions as deemed reasonably necessary when approving a modification of a surface mining permit.

(E) The director shall send a copy of each approved modification of a surface mining permit, any conditions imposed in conjunction with such approval, and relevant supporting documents to the State Department of Conservation.

(Ord. No. 2579)