Chapter 21.86 — SURFACE MINING AND RECLAMATION

A.

This chapter is adopted pursuant to Section 2710 et seq. of the California Public Resources Code (Surface Mining and Reclamation Act of 1975), and to that end, the city council finds and declares that:

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

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.

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 therefore may vary accordingly.

B.

The city is the lead agency for enforcing the State Surface Mining and Reclamation Act of 1975 (SMARA) regulations on all mining operations in the city, and is required to annually inspect each mining operation, ensure adequate financial assurances are secured for reclamation, and oversee mining and reclamation activities to the goals of the SMARA.

C.

It is the intent of the city to create and maintain an effective and comprehensive surface mining and reclamation policy to ensure that:

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition that is readily adaptable for alternate land uses.

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

Residual hazards to the public health and safety are eliminated.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The provisions of this chapter shall apply to surface mining operations on public and private lands in the city, except as exempted in Subsection 21.86.020(B). Any applicable exemption does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the city, including the application of the California Environmental Quality Act (CEQA), the requirement of a conditional use permit (CUP), the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

B.

The provisions of this chapter are not applicable to:

Excavations or grading conducted for farming or for the purpose of restoring land following a flood or natural disaster.

Onsite excavation and earthmoving activities that are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, provided all required permits for the improvements have been approved by the city in accordance with applicable provisions of state law and city plans and ordinances, including, but not limited to, the California Environmental Quality Act (CEQA), as specified in California Public Resources Code Section 2714(b)(1)—(4).

Operation of a mineral processing site, including associated on-site structures, equipment, machines, tools, or other materials, including onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

a.

The plant site is located on lands appropriately designated in the general plan and zoned for mineral processing;

b.

None of the minerals being processed are extracted on-site; and

c.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976.

Prospecting for and extraction of minerals for commercial purpose and the removal of overburden where total amounts are 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.

Any other mining operations that the state mining and geology board determines to be of an infrequent nature, and which involve only minor surface disturbances.

Surface mining operations and emergency excavations or grading conducted by the California Department of Water Resources or the Reclamation Board as specified in California Public Resources Code Section 2714(i)(1).

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to on-site excavation or grading that occurs within one hundred feet of a Class One watercourse or seventy-five feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes. This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations (CCR) and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the California Department of Forestry and Fire Protection.

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil and gas as specified in California Public Resources Code Section 2714(l).

The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

"Idle" means that an operator of a surface mining operation has curtailed production at the surface mining operation with the intent to resume the surface mining operation at a future date, for a period of twelve months or more by more

than ninety percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.

B.

"Surface mining" means the mining of minerals on 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 or retorting or leaching; the production and disposal of mining waste; and prospecting and exploratory activities.

C.

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

D.

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

E.

"Supervisor of mine reclamation" means the director of the Division of Mine Reclamation of the California Department of Conservation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The provisions of the SMARA (California Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.), California Public Resources Code Section 2207, and the California Code of Regulations Section 3500 et seq.,) as those provisions may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

California Public Resources Code Sections 2762, 2763 and 2764 and Chapter 14 California Code of Regulations Section 3676, and subsequent amendments regarding mineral classification studies and general plan resource management policies are incorporated into this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person

with vested rights has continued surface mining in the same area subsequent to January 1, 1976, that person shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan, shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the SMARA (January 1, 1976).

B.

All other requirements of state law and this chapter shall apply to vested mining operations.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

A conditional use permit (CUP) shall be required for a surface mining operation that is determined not to be vested pursuant to Section 21.86.060 (Vested Rights), and shall be required for the expansion of a surface mining operation beyond the boundaries of the vested area.

B.

Except as provided in this chapter, no person shall conduct surface mining operations unless a reclamation plan has been submitted to and approved by, and financial assurances for reclamation have been approved by, the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Applications for a conditional use permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the zoning administrator and shall be submitted together in a single application. The forms for a reclamation plan application shall require, at a minimum, each of the elements required by the California Public Resources Code Sections 2772 and 2773, Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and any other requirements determined necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the zoning administrator.

B.

Within thirty days of determination of completeness of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the community development department shall submit the reclamation plan to the supervisor of mine reclamation for review and certify to the supervisor of mine reclamation that the reclamation plan is a complete submission that is consistent with this Chapter, the SMARA, Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. The Supervisor shall have thirty days from the receipt of the reclamation plan to notify the city and operator if the submission does not meet the content requirements of California Public Resources Code Sections 2772, 2773, and 2773.3 and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and is incomplete.

C.

The supervisor of mine reclamation shall have thirty days after the date of receipt of the reclamation plan to notify the city if the submission is incomplete and to prepare written comments on the reclamation plan if the supervisor chooses. The community development department shall prepare a written response to the supervisor's comments received describing the major issues raised by the comments. The community development department shall submit its response to the supervisor at least thirty days prior to the intended approval of the reclamation plan. The community development department's response shall either describe how the city proposes to adopt the supervisor's comments on the reclamation plan, or describe in detail the reasons why the city proposes not to adopt the supervisor's comments. The community development department shall promptly forward any written comments received and responses prepared by the community development department to the operator.

D.

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, and within one mile, upstream or downstream, of any state highway bridge, the community development department shall notify the state department of transportation that an application has been received. The department of transportation shall have a period of not more than forty-five days to review and comment on the proposed surface mining operations, and the city shall not issue or renew the permit until the department of transportation has submitted its comments or until forty-five days from the date the application for the permit was submitted, whichever occurs first.

E.

The community development department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) and the city's CEQA Guidelines.

F.

Subsequent to the appropriate environmental review, the community development department shall prepare a staff report with recommendations for consideration by the planning commission, which incorporates input from any other affected department or agency.

G.

The city shall give the supervisor of mine reclamation at least thirty days written notice of the time, place, and date of the hearing at which the reclamation plan is scheduled to be approved by the city, or, if no hearing is required, the city shall provide thirty days written notice to the supervisor that the city intends to approve the reclamation plan.

H.

The planning commission shall hold at least one noticed public hearing on the conditional use permit and/or reclamation plan.

I.

The city's review of reclamation plans is limited to whether the plan substantially meets the applicable requirements of California Public Resources Code Sections 2772, 2773.3 and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and this Chapter adopted pursuant to California Public Resources Code Section 2774(a)). Reclamation plans determined to substantially meet these requirements shall be approved by the city for the purposes of this chapter.

J.

The planning commission shall then take action to approve, conditionally approve, or deny the conditional use permit and/or reclamation plan, except where pre-empted by the California Public Resources Code. The planning commission's action shall be final, subject to appeal as provided in Chapter 21.25 (Appeals and Calls for Review).

K.

If a conditional use permit is being processed concurrently with the reclamation plan, the planning commission may also conceptually approve the conditional use Permit at this time. However, the planning commission may defer action on the conditional use Permit until taking final action on the reclamation plan. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the conditional use permit with the condition the community development department shall not release the mining operation for occupancy until financial assurances have been reviewed by the supervisor of mine reclamation and final action has been taken on the reclamation plan.

L.

Within thirty days following the approval of the reclamation plan, the city shall provide the supervisor of mine reclamation notice of the reclamation plan and conditional use permit approval. The city shall provide as soon as practicable, but no later than sixty days after approval of the reclamation plan, certified copies of all maps, diagrams, or calculations, signed and sealed.

M.

No later than sixty days after the approval of the reclamation plan, the city shall provide to the supervisor of mine reclamation an official copy of the approved reclamation plan. The official copy shall incorporate all approved modifications to the reclamation plan and shall include an index showing any permit conditions or approval or binding mitigation measures adopted or certified pursuant to CEQA that are necessary to meet the requirements of subdivision (c) of California Public Resources Code Section 2772, California Public Resources Code Sections 2773 and 2773.3, and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. Those conditions of approval and mitigation measures shall be included in an appendix to the reclamation and shall be considered part of the reclamation compliance requirements and subject to the annual inspection.

N.

The city, upon approval of a reclamation plan or an amendment to a reclamation plan, shall record a "notice of reclamation plan approval" with the county recorder. The notice shall read: "Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the city of El Paso de Robles, a copy of which is on file with the city clerk." The notice shall also include the name of the owner of record of the mine operation, the name of the city, and the acknowledged signature of the city representative. A copy of the final approved reclamation plan shall be kept on the mining site at all times.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In addition to findings for the approval of conditional use permits (Section 21.19.050), approval for surface mining operations shall include a finding that the project complies with the provisions of state law and regulations.

A.

For reclamation plans, the following findings shall be made by the reviewing authority prior to approval:

The reclamation plan and goals and potential use of reclaimed land pursuant to the plan are consistent with this chapter, the city's general plan, and zoning for the area.

The reclamation plan complies with the purpose, intent, and requirements of this chapter.

The project has been reviewed pursuant to CEQA, all adverse impacts related to the reclamation plan have been mitigated by the plan and/or the recommended condition(s) of approval, and the appropriate environmental determination has been adopted.

The reclamation plan complies with the requirements of the State Surface Mining and Reclamation Act of 1975, specifically California Public Resources Code Sections 2772 and 2773, and the Reclamation Standards specified in California Code of Regulations Title 14, Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713.

The reclamation plan has been forwarded to the supervisor of mine reclamation, as prescribed in this chapter, and in accordance with California Public Resources Code Section 2772.1, including all applicable documentation required for submission as outlined in California Public Resources Code Section 2772.1.

Through implementation of the reclamation plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible;

The land and/or resources to be reclaimed will be restored to a condition that is compatible with the surrounding environment;

The reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with any applicable air quality and/or water quality resources plan and/or that suitable off-site development will compensate for related disturbances to resource values existing after reclamation is completed;

The reclamation plan will restore the mined lands to a usable condition which is adaptable for alternative land uses consistent with the general plan and any other applicable plan or element;

A written response to the supervisor of mine reclamation has been prepared, describing the disposition of major issues regarding the reclamation plan raised by the supervisor. Where the city's position is at variance with the recommendations and objections raised by the supervisor, the city has prepared detailed responses regarding why specific comments and suggestions of the supervisor were not accepted.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations if it is determined to be necessary to ensure the success of final reclamation or for health and safety purposes. Reclamation may be done on an annual basis, or in stages compatible with continuing operations, or on completion of all excavation, removal, or fill as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: the approximate length of time for completion of each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in Section 21.84.110 (Financial Assurances). The reclamation schedule shall be approved as part of the reclamation plan pursuant to Section 21.86.080 (Process).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require, as a conditional of approval, one or more forms of security which will be released upon satisfactory performance. The applicant shall post security in the form of a corporate surety bond executed by an admitted surety insurer as defined in subdivision (a) of Section 995.120 of the Code of Civil Procedure, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the city and the department of conservation as specified by the state mining and geology board pursuant to California Public Resources Code Section 2773.1(e). Financial assurances shall be made payable to the city of El Paso de Robles and department of conservation. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is complete. The financial assurance cost estimates shall be submitted to the city for review on a form developed by the supervisor of mine reclamation and approved by the state mining and geology board.

Prior to approving the financial assurance cost estimate, the city shall submit the financial assurance cost estimate to the supervisor of mine reclamation for review. No later than fifteen days after receiving the estimate, the supervisor shall notify the city and the operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the mining and geology board's financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. The supervisor shall specifically identify all aspects of the submission that are incomplete and shall have forty-five days from the date of receipt of the cost estimate to prepare written comments if the supervisor chooses to provide written comments.

The city shall evaluate written comments received from the supervisor of mine reclamation relating to the financial assurance cost estimate and submit written responses on the comments raised to the supervisor at least thirty days prior to the approval of the financial assurance cost estimate. The city's response shall include either a description of how the community development department proposes to adopt the supervisor's comments on the cost estimate, or a detailed description of the reasons why the community development department proposes to not adopt the supervisor's comments. Copies of the written comments received and responses prepared by the community development department shall be provided to the operator.

If the community development department proposes to not adopt the supervisor of mine reclamation's comments relating to the financial assurance cost estimate, the supervisor may within fifteen days of the city's written response

request in writing a consultation with the city to discuss the supervisors comments and city's responses, which shall occur not later than thirty days after the supervisor's request for consultation. If the supervisor requests a consultation, the city shall not approve the financial assurance cost estimate until after consulting with the supervisor.

A.

The city shall give the supervisor of mine reclamation at least thirty days notice of the time, place, and date of the hearing before the city at which time the financial assurance is scheduled to be approved by the city. If no hearing is required, the city shall provide thirty days written notice to the supervisor that it intends to approve the financial assurance. The city shall send to the supervisor its final response to the supervisor's comments within thirty days following its approval of the financial assurance. Financial assurances shall be required to ensure compliance with elements of the reclamation plan including, but not limited to, revegetation and landscaping requirements; restoration of water bodies and water quality; slope stability and erosion and drainage control, disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the reclamation plan shall be monitored by the community development department.

B.

Financial assurances shall not be released until written notification has been made by the zoning administrator to the mining operator and the supervisor of mine reclamation that reclamation has been completed in accordance with the approved reclamation plan, and the supervisor and city consent to the release of the financial assurance. The amount of financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the reclamation plan, including any irrigation and maintenance of reclaimed areas as may be required. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator; such estimates shall be approved by the zoning administrator. Financial assurances may be based upon estimates, including but not necessarily limited to, the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with revegetation, restoration of wildlife habitat, and any other applicable element of the reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

C.

In projecting final costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the city or state may need to construct with a third-party commercial company for mobilization and reclamation on the site.

D.

Where reclamation is accomplished in annual increments, the amount of financial assurances required for any one year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operation by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subsequent years of the operation shall be handled in the same manner.

E.

Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation.

F.

If a change of ownership occurs, the existing financial assurances remains in force until a replacement financial assurance is approved by the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the community development department an interim management plan. The interim management plan shall fully comply with requirements of California Public Resources Code Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the conditional use permit and/or reclamation plan approval. The interim management plan shall be processed as a minor revision to the reclamation plan pursuant to Section 21.86.150 (Revisions to Reclamation Plans), and shall not be considered a project for the purposes of CEQA. The interim management plan shall only provide for the necessary measures the operator will implement during its idle status to maintain the site in compliance with the SMARA, including, but not limited to, all permit conditions.

B.

The financial assurances required by Section 21.86.110 (Financial Assurances) shall remain in effect during the period that the surface mining operation is idle. If the operation is still idle after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.

C.

Within forty-five days of receipt of the interim management plan, the city shall review the interim management plan and determine if it is consistent with this chapter. If the interim management plan is consistent, the city shall forward the plan to the supervisor of mine reclamation for review and certify to the supervisor of mine reclamation that the interim management plan is a complete submission that is consistent with this Chapter, Article 1 (commencing with Section 3500), and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. If the city determines that the interim management plan is inconsistent with this chapter, the city shall notify the operator in writing of any deficiencies in the plan. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the city, to submit a revised interim management plan.

D.

The supervisor of mine reclamation shall have thirty days after receipt to prepare written comments on the interim management plan, if he/she so chooses. The city shall review and evaluate written comments received from the supervisor related to the interim management plan, prepare a written response to the supervisor's comments describing the disposition of the major issues raised by the comments, and shall either:

Describe how the city proposes to adopt the supervisor's comments on the interim management plan; or

Prepare a detailed description of the reasons why the city proposes not to adopt the supervisor's comments. The city shall submit its response to the supervisor and the operator at least thirty days prior to the intended approval of the interim management plan.

E.

Where the supervisor of mine reclamation has commented on the interim management plan, the city shall give the supervisor at least thirty days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the city, or, if no hearing is required, the city shall provide thirty days written notice to the supervisor that the city intends to approve the new interim management plan.

F.

Within thirty days following the approval of the interim management plan, the city shall provide the supervisor notice of the approval and a copy of the approved interim management plan.

G.

The zoning administrator shall approve or deny approval of the interim management plan pursuant to the process in Section 21.86.150 (Revisions to Reclamation Plans) within sixty days of receipt of the supervisor's comments or within ninety days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the city zoning administrator denies approval of the interim management plan, the operator may appeal that action to the planning commission, which shall schedule a public hearing within forty-five days of the filing of the appeal or a longer period mutually agreed upon by the operator and the city.

H.

Unless review of an interim management plan is pending before the city or an appeal is pending, a surface mining operation that remains idle for over one year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.

I.

Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan.

J.

The interim management plan may remain in effect for a period not to exceed five years, at which time the planning commission may either:

Renew the plan for another period not to exceed five years which may be renewed for one other five-year period at the expiration of the first five-year renewal period, if the city finds the operator has complied fully with the interim management plan, or

Require the operator to commence reclamation in accordance with its approved reclamation plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The owner of a surface mining operation shall forward to the community development department and the supervisor of mine reclamation an annual report not later than a date established by the supervisor, upon forms approved by the state mining and geology board, which shall include all items provided in California Public Resources Code Section 2207(a)(1) through (16).

B.

New mining operations shall file an initial surface mining report and any applicable filing fees with the supervisor of mine reclamation within thirty days of permit approval, or before commencement of operations, whichever is sooner.

C.

Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the supervisor of mine reclamation at the time of filing the annual surface mining report.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The community development department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 21.86.130 (Annual Report Requirements) to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and state regulations.

B.

In no event shall more than one inspection be conducted in any twelve-month period. The inspections may be made by a state-registered geologist, state-licensed civil engineer, state-licensed landscape architect, state-registered forester, or other qualified specialist who has not been employed by the mining operation in any capacity during the previous twelve months, as selected by the community development department. All inspections shall be conducted using a form developed by the division of mine reclamation and approved by the state mining and geology board that includes the professional licensing and disciplinary information of the person who conducted the inspection. The community development department shall notify the supervisor of mine reclamation within ninety days of completion of the inspection. The notice shall contain a statement regarding the surface mining operation's compliance with the SMARA and a copy of the completed inspection form, and shall specify the items listed in California Public Resources Code Section 2774(b)(A) through (D). The city shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including any inspection report prepared by the inspector. The operator shall be solely responsible for the reasonable cost of such inspection.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Revisions to Approved Plans. Requests for revisions of approved reclamation plans shall be processed in the same manner as original applications for reclamation plan reviews pursuant to Section 21.86.080 (Process) unless they are determined to be minor modifications.

B.

Minor Revisions to Approved Plans. Applications for minor revisions may be submitted for review by the review authority in connection with the following, as long as it is not in incompatible with existing conditions and/or plans:

To allow the minor recontouring of final topography, providing slope stability is maintained and substantiated, affecting no more than ten percent of the site;

To allow minor modification or addition of site access;

To allow a minor substitution in the reclamation plan, provided it does not substantially alter the intended end use described in the approved reclamation plan;

To allow minor technological and/or administrative changes in methods used to achieve reclamation;

To allow measures to be taken that will ensure and/or maintain public safety (such as fences, gates, signs or hazard removal), provided it does not substantially alter the intended end use described in the approved reclamation plan;

To allow minor modifications to a previously approved phasing plan; and/or

To allow interim management plans.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

If the community development department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface operation is not in compliance with this chapter, the applicable permit and/or the reclamation plan, the city may follow the administrative procedures set forth in California Public Resources Code Sections 2774.1 and 2774.2 concerning violations and penalties, including penalties assessed for late reporting pursuant to California Public Resources Code Section 2207; however, such remedy is in addition to all of the provisions and remedies of this code, state law, and any law cognizable at common law or in equity, and nothing in this chapter shall be interpreted or construed to supersede or limit any and all other remedies, whether administrative, civil, or criminal.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to processing of applications, annual reports, inspections,

monitoring, enforcement and compliance. Reasonable costs include, but are not limited to, the applicant paying the costs of hiring a third-party civil engineer to oversee compliance with the provisions of this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)