Article 10 — EMERGENCY WATER FOR FIRE PROTECTION

(a)

When a community water system is required for land division, the requirements of this article shall be satisfied before completion of road construction.

(b)

When individual water systems are required for land division, the requirements of this article shall be satisfied before final inspection for building construction.

(c)

Provisions of this article shall not apply to construction within land divisions approved before adoption of this article.

(§ 1, Ord. 91-762, eff. October 3, 1991)

Sec. 9-4.1002. - Water.

(a)

Developments located within the boundaries of any towns and master planned communities, as identified

in the General Plan, shall be served by a community water system with adequate water, volume, pressure and storage capacity. Water systems equaling or exceeding the National Fire Protection Association (NFPA) 1142, "Standard on Water Supplies for Suburban and Rural Fire Fighting," 2012 Edition, hereby incorporated by reference, and California Fire Code, California Code of Regulations Title 24, Part 9, shall be accepted as meeting these requirements. Such emergency water may be provided in a fire agency mobile water tender, or naturally occurring or man-made containment structure, as long as the specified quantity is immediately available. Nothing in this article prohibits the combined storage of emergency wildfire and structural firefighting water supplies unless so prohibited by local ordinance or specified by the local fire agency. Where freeze protection is required by local jurisdictions having authority, such protection measures shall be provided.

(b)

Developments not located within towns or master planned communities may provide water systems that meet or exceed the standards set forth in Section 1275.10 of the SRA Fire Safe Regulations in lieu of the requirements set forth in subsection (b) of this section.

(§ 1, Ord. 91-762, eff. October 3, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Sec. 9-4.1003. - Hydrants.

(a)

Where hydrants or fire valves are required, they shall be located eighteen (18") inches above grade, eight (8') feet from flammable vegetation, no closer than four (4') feet nor farther than twelve (12') feet from a

roadway, and in a location where fire apparatus using it will not block the roadway.

(b)

Hydrants serving buildings shall not be less than fifty (50') feet nor more than one-half (½) mile by road from the building served and shall be located at a turnout or turnaround along the driveway of the building served or along the road that intersects with that driveway.

(c)

Hydrant heads shall be brass with a two and one-half (2½) inch National Hose male thread with cap for pressure or gravity flow systems and four and one-half (4½) inch for draft systems. Hydrants shall be wet or dry barrel as required by the delivery system. Hydrants shall have crash protection as required by the local fire protection entity.

(§ 1, Ord. 91-762, eff. October 3, 1991)

Sec. 9-4.1004. - Signing of water sources.

(a)

Hydrants and fire valves and access to water located along a driveway shall be identified by a reflectorized blue marker with a minimum dimension of three (3") inches on the street address sign, mounted on a fire retardant post.

(b)

Hydrants and fire valves and access to water located along a road shall be identified by a reflectorized blue marker with a minimum dimension of three (3") inches, mounted on a fire retardant post. The sign post shall be within three (3') feet of the hydrant or fire valve. The sign shall be no fewer than three (3') feet nor more than five (5') feet above ground. The sign shall be horizontal and visible from the driveway.

(c)

Hydrants and fire valves and access to water may be identified as specified in the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988, in lieu of the methods described above.

(§ 1, Ord. 91-762, eff. October 3, 1991)

Sec. 9-4.1005. - Accessibility.

Emergency water for fire protection shall be available for use within twelve (12') feet of a driveway or road.

(§ 1, Ord. 91-762, eff. October 3, 1991)

Sec. 9-4.1006. - Inspection.

Inspection of community water systems shall be made by a representative of the Department of Public Works. Inspections of individual water systems shall be made by representatives of the Building Official and

the local fire protection entity. When the contractor or developer requires such inspection, he shall notify the appropriate department in writing or by telephone call not less than five (5) working days prior to the time that he would like to have the inspection made, and in advance of starting his next phase of construction. Inspection will be made within three (3) working days after completion of the construction phase requiring inspection.

Written reports on the results of the inspection will be available to all parties concerned within thirty-six (36) hours after the field inspection is made.

(§ 1, Ord. 91-762, eff. October 3, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

CHAPTER 5. - PERMIT TO MINE AND RECLAMATION[[9]]

Footnotes:

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Editor's note— Chapter 5, entitled, "Surface Mining and Reclamation", consisting of Sections 9-5.01 through 9-5.12 as added by Ordinance No. 80-375, eff. June 5, 1980, as amended by Ordinance No. 89719, eff. Nov. 2, 1989, was replaced by Chapter 5, entitled "Permit to Mine and Reclamation," Sections 9- 5.01 through 9-5.14 as added by Ordinance No. 96-871, eff. October 10, 1996.

Sec. 9-5.01. - Purpose and intent.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA", Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure 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 uses;

(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 as set forth in the County General Plan;

(c)

Residual hazards to the public health and safety are eliminated.

(§ 1, Ord. 96-871, eff. October 10, 1996)

Sec. 9-5.02. - Definitions.

"Borrow pits" shall mean excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Exploration" or "prospecting" shall 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 work needed to determine the type, extent, or quantity of the minerals present.

"Haul road" shall mean a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

"Idle" shall mean surface mining operations curtailed for a period of one year or more, by more than ninety (90%) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

"Mined lands" shall mean the surface, subsurface, and ground water 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.

"Minerals" shall mean 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, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

"Mining permit" shall mean any formal authorization from, or approved by, the County, the absence of which would preclude surface mining operations.

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

"Operator" shall mean any person who is engaged in surface mining operations, 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.

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

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

"Reclamation" shall mean 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.

"Stream bed skimming" shall mean excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface mining operations" shall mean 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 include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed, skimming, and segregation and stockpiling of mined materials (and recovery of same).

(§ 1, Ord. 96-871, eff. October 10, 1996)

Sec. 9-5.03. - Incorporation by reference.

The provisions of SMARA (PRC §2710 et seq.), PRC Section 2207, and State regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, shall govern matters as set forth therein.

(§ 1, Ord. 96-871, eff. October 10, 1996, as amended by § 1, Ord. 97-889, eff. November 7, 1997)

Sec. 9-5.04. - Scope.

Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, Reclamation Plan, and financial assurances for reclamation have first been approved by the County.

The application of the provisions of this chapter shall be held to be only the minimum requirements for the promotion of the public health, safety or general welfare and to protect property owners' rights to develop consistent with the General Plan. The provisions of this chapter are not intended to repeal or in any way interfere with other existing laws, ordinances, regulations, or permits.

This chapter shall not apply to the following activities:

(a)

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

(b)

Onsite excavation and onsite earth moving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading compaction, or the creating of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

(1)

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13, §21000 et seq.),

(2)

The County's approval of the construction project included consideration of the onsite excavation and onsite earth moving activities pursuant to CEQA,

(3)

The approved construction project is consistent with the general plan or zoning of the site,

(4)

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued,

(c)

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

(1)

The plant site is located on lands designated for industrial or commercial uses in the County's general plan,

(2)

The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the County,

(3)

None of the minerals being processed are being extracted onsite,

(4)

All reclamation work has been completed pursuant to the approved Reclamation Plan for any mineral extraction activities that occurred onsite after January 1, 1976;

(d)

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less;

(e)

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose;

(f)

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances;

(g)

Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies;

(h)

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with the Board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the Department of Forestry and Fire Protection. This exemption does not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or seventy-five (75') feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

(§ 1, Ord. 96-871, eff. October 10, 1996)

Sec. 9-5.05. - Vested rights.

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, he shall obtain County 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-Act mining, the Reclamation Plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

All other requirements of State law and this chapter shall apply to vested mining operations. (§ 1, Ord. 96-871, eff. October 10, 1996)

Sec. 9-5.06. - Process.

(a)

Applications. Any person seeking the issuance of a mining permit or reclamation plan shall file an application with the Planning and Development Agency, and shall provide evidence that each of the

elements required by SMARA (PRC Section 2772-2773) have been satisfied. In addition, a financial assurance mechanism shall be prepared in conformance with PRC Section 2773.1.

(b)

Processing time. The Planning Director shall determine if an application is incomplete within thirty (30) days after receipt of the application.

If an application is determined to be incomplete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

Within thirty (30) days of acceptance of an application for a surface mining operation and/or a Reclamation Plan as complete, the Planning Department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed 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 within one mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify the State Department of Transportation that the application has been received.

Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the Reclamation Plan and forty-five (45) days to review and comment on the financial assurance. The Zoning Administrator shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Zoning Administrator's approval. In particular, when the Zoning Administrator's position is at variance with the recommendations and objections raised in the State's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Zoning Administrator shall be promptly forwarded to the operator/applicant.

Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled public hearing for which an application can be scheduled while meeting all requirements of this notice.

The Zoning Administrator shall then take action to approve, conditionally approve, or deny the Site Approval and/or Reclamation Plan, and to approve the financial assurances pursuant to PRC Section 2770(d).

(c)

Environmental review. The Planning Department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the County's environmental review guidelines.

(§ 1, Ord. 96-871, eff. October 10, 1996, as amended by § 1, Ord. 97-889, eff. November 7, 1997)

Sec. 9-5.07. - Findings for approval.

In approving an application for a mining permit or reclamation plan, the following findings shall be made:

(a)

That the project conforms with SMARA and State Regulations;

(b)

That the project conforms to the General Plan and the Planning and Zoning Code;

(c)

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the County's position is at variance with the recommendations and objections raised by the State Department of Conversation, said response addresses in detail, why specific comments and suggestions were not accepted.

(§ 1, Ord. 96-871, eff. October 10, 1996)

(a)

All Reclamation Plans shall comply with the provisions of SMARA (Section 2772 and Section 2773) and State regulations (CCR Sections 3500-3505). Reclamation Plans approved after January 15, 1993, Reclamation Plans for proposed new mining operations, and any substantial amendments to previously approved Reclamation Plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700-3713).

(b)

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. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the County. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include: (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation.

(§ 1, Ord. 96-871, eff. October 10, 1996)

The person submitting the Reclamation Plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the Reclamation Plan. Said statement shall be kept by the Planning Department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Department for placement in the permanent record.

(§ 1, Ord. 96-871, eff. October 10, 1996)

(a)

To ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the County shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the County and the State Mining and Geology Board as specified in State regulations, and which the County reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved Reclamation Plan. Financial assurances shall be made payable to the County of Plumas and the State Department of Conservation.

(b)

Financial assurances will be required to ensure compliance with elements of the Reclamation Plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

(c)

Cost estimates for the financial assurance shall be submitted to the Planning Department for review and approval prior to the operator securing financial assurances. The Planning Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the County has reason to determine that additional costs may be incurred. The Planning Director shall have the discretion to approve the financial assurance if it meets the requirements of this Chapter, SMARA, and State regulations.

(d)

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs.

er similarly licensed and qualified professionals retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs.

Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved 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. A contingency factor of ten (10%) percent shall be added to the cost of financial assurances.

(e)

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the County or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

(f)

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

(g)

The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

(h)

Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurances shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

(§ 1, Ord. 96-871, eff. October 10, 1996)

Sec. 9-5.11. - Interim management plans.

(a)

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the Planning Department a proposed Interim Management Plan. The proposed Interim Management Plan shall fully comply with the requirements of SMARA, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The Interim Management Plan shall be processed as an amendment to the Reclamation Plan. Interim Management Plans shall not be considered a project for the purposes of environmental review.

(b)

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's Interim Management Plan.

(c)

Upon receipt of a complete proposed Interim Management Plan, the Planning Department shall forward the Interim Management Plan to the State Department of Conservation for review. The Interim Management Plan shall be submitted to the State Department of Conservation at least thirty (30) days prior to approval by the Zoning Administrator.

(d)

Within sixty (60) days of receipt of the proposed Interim Management Plan, or a longer period mutually agreed upon by the Planning Director and the operator, the Zoning Administrator shall review and approve or deny the Interim Management Plan in accordance with this Chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised Interim Management Plan. The Zoning Administrator shall approve or deny the revised Interim Management Plan within sixty (60) days of receipt.

(e)

The Interim Management Plan may remain in effect for a period not to exceed five (5) years, at which time the Zoning Administrator may renew the Interim Management Plan for another period not to exceed five (5) years, or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.

(§ 1, Ord. 96-871, eff. October 10, 1996)

Sec. 9-5.12. - Annual report requirements.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the County Planning Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

(§ 1, Ord. 96-871, eff. October 10, 1996)

Sec. 9-5.13. - Inspections.

The Planning Department shall arrange for inspection of a surface mining operation within six (6) months of receipt of the Annual Report required in Section 9-5.12, to determine whether the surface mining operation is in compliance with the approved mining Permit and/or Reclamation Plan, approved financial assurances, and State regulations. In no event shall fewer than one inspection be conducted in any calendar year.

The Planning Department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that such inspection has been conducted, and shall forward a copy of such inspection notice, a copy of the inspection report, and any supporting documentation to the mining

operator and the State Department of Conservation. The operator shall be solely responsible for the reasonable cost of such inspection.

(§ 1, Ord. 96-871, eff. October 10, 1996, as amended by § 1, Ord. 97-889, eff. November 7, 1997)

Sec. 9-5.14. - Violations and penalties.

If the Planning Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable Site Approval, any required permit and/or the Reclamation Plan, the County shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties. In addition, the violation of any conditions of a mining permit shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of Chapter 2 of this title.

(§ 1, Ord. 96-871, eff. October 10, 1996, as amended by § 2, Ord. 98-895, eff. May 21, 1998)

Sec. 9-5.15. - Revocation.

(a)

Institution. Failure to comply with any condition imposed or misrepresentation by the applicant in the issuance of a permit to mine and reclamation plan shall result in the institution of revocation procedures by the Planning Director.

(b)

Hearings.

(1)

Notices. The Planning Director shall schedule a public hearing before the Board with notice given as set forth in Article 11.5 of Chapter 2 of this title, and given by certified mail to the person to whom the permit to mine and reclamation plan was issued.

(2)

Revocation. The Board may revoke such permit or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the permit to mine and reclamation plan.

(3)

Reclamation. Revocation of the permit to mine and reclamation plan shall result in the immediate commencement of reclamation.

(§ 1, Ord. 98-895, eff. May 21, 1998)