Chapter 8.40 — SURFACE MINING AND RECLAMATION

It is the purpose and intent of the town council to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that:

A.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land use;

B.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage and aesthetic enjoyment;

C.

Residual hazards to the public health and safety are eliminated;

D.

The extraction of minerals is essential to the continued economic well-being of the town and to the needs of society, and that reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety;

E.

The reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land;

F.

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. 16 §§1(G)(part), 2(A, B)(part), 1980: county code §13-101)

As used in this chapter:

A.

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

B.

"Mined lands" includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations, are located.

C.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, sand, gravel, aggregate, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

D.

"Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

E.

"Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

F.

"Overburden" means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

G.

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

H.

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

I.

"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.

J.

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

K.

"State Geologist" means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

L.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands 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 shall include, but are not limited to:

In-place distillation, restoring or leaching;

The production and disposal of mining waste;

Prospecting and exploratory activities. (Ord. 16 §§1(G)(part), 2(B)(part), 1980: county code §13-102)

A.

The provisions of this chapter shall apply to the town, except national forest lands.

B.

The provisions of this chapter are not applicable to:

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

Prospecting for, or the extraction of, minerals for commercial purposes or the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less;

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;

Such other mining operations that the town determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975. (Ord. 16 §§1(G)(part), 2(B, C) (part), 1980: county code §13-103)

A.

Requirements Generally.

Any person who proposes to engage in surface mining operations as defined in this chapter, shall, prior to the commencement of such operations, obtain (1) a permit to mine, and (2) approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. An application fee as set forth in the town council adopted town of Paradise master fee schedule shall be paid to the town at the time of filing an application for a permit to mine or a reclamation plan with the community development department.

For existing operating mines, a reclamation plan shall be filed by May 1, 1978, for planning commission review and approval. The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations in those portions of the site mined after January 1, 1976. A fee as set forth in the town council adopted town of Paradise master fee schedule shall be paid to the town at the time of filing the reclamation plan with the community development department.

All applications for a reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the community development department, and as provided for by Section 2772 of the California Surface Mining and Reclamation Act of 1975.

B.

Vested Rights as of 1976.

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

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the planning commission by May 1, 1978, a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the county of Butte prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976.

C.

Notice to State. The State Geologist shall be notified of the filing of all permit applications.

D.

Review of Provisions. This chapter shall be reviewed annually and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation and to encourage the mining industry of the town. (Ord. 216 §10, 1992: Ord. 75 §1(L) (part), 1982; Ord. 16 §§1(G)(part), 2(B)(part), 1980: county code §13-104)

A.

The planning commission shall, in the same manner as provided for in Section 17.45.200 of this code, schedule a public hearing within twenty days of the completion of the environmental review procedure and filing of all documents as required by town ordinances.

B.

The planning commission, on the basis of evidence submitted at the hearing, may approve the reclamation plan and grant the permit to mine.

C.

The determination of the planning commission shall be final unless a written appeal is filed in accordance with the appeals procedures established in Title 17 of this code. (Ord. 216 §11, 1992: Ord. 178 §3(D), 1988;

Ord. 75 §1(L)(part), 1982; Ord. 16 §1(G)(part), 1980: county code §13-105)

Upon finding by the planning commission that a supplemental guarantee for the reclamation of the mined land is necessary and upon the determination by the town manager's office of the cost of the reclamation plan, a reasonable surety bond, lien on the property or a portion thereof, or other security guarantee conditional upon the faithful performance of the reclamation plan shall be filed with the town manager's office. Such surety shall be executed in favor of the town and reviewed and revised, as necessary, biannually. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period or other reasonable term. (Ord. 75 §1(L)(part), 1982; Ord. 16 §§1(G)(part), 2(B) (part), 1980: county code §13-106)

Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the town that the release of such information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The applicant shall have the right to identify what, in his opinion, is proprietary information. The town shall identify proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the State Geologist by the town. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975. (Ord. 16 §§1(G)(part), 2(B)(part), 1980: county code §13-107)

Standards governing the operational aspects of the surface mining activity shall be as established by the town council by resolution. (Ord. 16 §§1(G)(part), 2(A)(part), 1980: county code §13-108)

As a condition of approval for the permit or the reclamation plan, or both, periodic inspections of the site by the community development director or his designee shall be made to evaluate continuing compliance with the permit and the reclamation plan. (Ord. 216 §12, 1992: Ord. 75 §1(L)(part), 1982; Ord. 16 §1(G)(part), 1980: county code §13-109)

Amendments to an approved reclamation plan may be submitted to the planning commission any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the planning commission. The planning commission shall set a public hearing in the same manner as is provided for in Section 8.40.050. (Ord. 16 §1(G)(part), 1980: county code §13-110)

The provisions of this chapter shall be enforced by the town manager or any authorized city employee. The town manager may suspend the permit for a period not to exceed fifteen days where continuation of the violation will adversely affect the public; provided, however, written notification shall have previously been sent to the operator. In the event of a suspension, or should the town manager request disciplinary action, the planning commission shall immediately set a hearing thereon with not less than five days' notice to the operator. The planning commission, after completion of the hearing, may suspend or revoke the permit, or modify the permit, or may place the operator on probation should the violation found to exist be of a serious nature, adversely affecting the health and welfare of the residents of the town. (Ord. 75 §1(M)(part), 1982; Ord. 16 §§1(G)(part), 2(B)(part), 1980: county code §13-112)

Any person aggrieved by an act or determination of the town manager or the planning commission in the exercise of the authority granted in this chapter shall have the right to appeal to the town council. Any appeal must be filed, on forms provided, within seven days after the rendition, in writing, of the decision, by the town manager or the planning commission. The appeal shall be processed and duly heard in the same manner as provided by the appeals procedures established in Title 17 of this code. (Ord. 216 §14, 1992: Ord. 75 §1(M)(part), 1982; Ord. 16 §1(G)(part), 1980: county code §13-113)

Permits and reclamation plans issued under the provisions of this chapter are transferable and the successor shall be bound by the provisions of the approved reclamation plan or permit and the provisions of this chapter. (Ord. 16 §1(G)(part), 1980: county code §13-114)

Minor plan modifications from an approved reclamation plan may be allowed upon request of the operator or applicant, and upon a finding by the town manager's office that each requested minor plan modification is necessary to achieve the prescribed or higher post-mining use of the reclaimed land. (Ord. 75 §1(L) (part), 1982; Ord. 16 §1(G)(part), 1980: county code §13-115)