Oxnard Municipal Code Art. VI Reclamation Plans

(A) Reclamation plans shall contain all of the information and elements required by the SMARA (Cal. Pub. Res. Code, Sections 2772 and 2773), the SMARA Regulations, and any other requirements reasonably established by the director.

(B) An item of information or document required pursuant to subsection (A) of this section that has already been prepared as part of the application for a surface mining permit, or as part of an environmental document prepared pursuant to CEQA, may be included in the reclamation plan by reference, if that item of information is attached to the reclamation plan.

(Ord. No. 2579)

A proposed reclamation plan shall be filed with the department. An applicant shall sign a statement in a form acceptable to the city attorney accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. An application for reclamation plan approval shall include all environmental review forms and information required by the director. All documentation for the reclamation plan shall be submitted at one time. The proposed reclamation plan shall be accompanied by a fee in an amount established by resolution of the city council.

(Ord. No. 2579)

(A) Within 30 days of receipt of a complete application for approval of a reclamation plan, the director shall submit copies of all of the following to the State Department of Conservation:

(1) The reclamation plan;

(2) Information from any related document prepared, adopted or certified pursuant to CEQA; and

(3) Any other pertinent information.

(B) In conjunction with such submission, the director shall certify to the State Department of Conservation that the reclamation plan is in compliance with the applicable requirements of Cal. Pub. Res. Code, Sections 2772 and 2773 and the SMARA Regulations in effect at the time.

(Ord. No. 2579)

(A) The State Department of Conservation shall have 30 days from its receipt of a reclamation plan to prepare comments. The director shall prepare a written response to any comments received from the State Department of Conservation. Such written response shall describe the disposition of the major issues raised by the State Department of Conservation. Additionally, if the director's position is at variance with any of the recommendations made or objections raised in the State Department of Conservation's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted.

(B) The director shall forward to the applicant copies of any written responses received from the State Department of Conservation, as well as the responses prepared by the director.

(Ord. No. 2579)

(A) The commission shall approve or deny an application for a proposed reclamation plan after conducting a public hearing. At the public hearing, the commission shall consider any comments received from the State Department of Conservation.

(B) The commission may approve a reclamation plan upon making the following findings:

(1) The reclamation plan complies with the SMARA, the SMARA Regulations and this chapter.

(2) The mining plan, the reclamation plan and the potential uses of reclaimed land pursuant to such plan are consistent with this chapter, the general plan and any applicable resource plan or element.

(3) The reclamation plan has been reviewed if and as required by CEQA and the city's environmental review guidelines, and all significant adverse impacts from reclamation of the mined lands are mitigated to the maximum extent feasible.

(4) The land and resources to be reclaimed (e.g., water bodies) will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography and other resources.

(5) The reclamation plan will ensure that the mined lands are restored to a useable condition that is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan or element.

(6) Sections 25-26 and 25-37 have been satisfied.

(C) If the commission does not approve a reclamation plan, the director shall return the plan to the applicant within 60 days. The applicant shall have 60 days from the date on which the reclamation plan is returned to revise the plan to address identified deficiencies.

(D) The director shall send a copy of each approved reclamation plan to the State Department of Conservation together with any relevant supporting documents.

(E) The commission may approve a reclamation plan that authorizes one or more land use proposals for renewed use of a site provided that the reclamation plan complies with the requirements of this chapter and other applicable law with respect to each land use proposal stated in the plan and that the proposed uses are sufficiently similar that similar excavation and engineering strategies will suffice to reclaim the land for the proposed uses.

(F) All reclamation plans shall comply with the provisions of the SMARA (Cal. Pub. Res. Code, Sections 2772 and 2773) and State regulations (Cal. Code of Regulations, Sections 3500–3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and pre-January 15, 1993 reclamation plans for which substantial amendments are approved, shall also comply with the requirements for reclamation performance standards (Cal. Code of Regulations, Sections 3700–3713).

(Ord. No. 2579)

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance from mining activity. Reclamation may be performed on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the director.

(Ord. No. 2579)