§ 18.44

This chapter is intended to comply with the provisions of the California Surface Mining and Reclamation Act (SMARA) of 1975, Chapter 9, Public Resources Code. The specific purposes of these regulations are to:

A.

Establish regulations for the extraction of minerals, which is essential to the continued economic well-being of the city and to the needs of the society;

B.

Require reclamation of mined lands to prevent or minimize adverse effects on the environment, including fisheries and riparian habitat, and to protect the public health and safety;

C.

Ensure that requirements for reclamation of mined lands permit continued mining of minerals and provide for the protection and subsequent beneficial use of the mined and reclaimed land;

D.

Recognize that 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 may vary accordingly.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C. Sec. 2710, et seq.), P.R.C. Section 2207, and the California Code of Regulations implementing the act (14 Cal. Admin., Sec. 3500, et seq.), as either 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 state provisions, this chapter shall prevail.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.44.030 - Scope.

The following activities are exempt from the provisions of this chapter:

A.

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

B.

Prospecting and exploration for minerals of commercial value where less than one thousand cubic yards of overburden is removed in any one location of one acre or less provided that a use permit and grading permit from the city and streambed alteration permit (Section 1600, et al., permit) from the State Department of Fish and Wildlife have been obtained for such prospecting and exploration activities;

C.

Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden or involve more than one acre in any one location provided that a use permit from the city and streambed alteration permit (Section 1600, et al., permit) from the State Department of Fish and Wildlife have been obtained for such surface mining operations;

D.

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;

E.

Such other mining operations that the city determines to be of an infrequent nature that involve only minor surface disturbances and are categorically identified by the state board pursuant to Sections 2714(d) and 2758(c) of the California Surface Mining and Reclamation Act of 1975;

F.

Grading activities permitted by a lawful grading permit issued by the City that are not intended for mineral recovery.

G.

Prospecting by simple methods, including manual use of a gold pan and small hand tools and/or electronic metal detecting equipment, in a manner that has little or no detectable affect on land or waterway. Use of motorized equipment and processes, such as sluicing or dredging, shall not apply.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2428, § 11, 1-20-2009; Ord. No. 2590, § 16, 8-21-2018)

18.44.040 - Filing and fees.

A.

Any person, unless exempted by provisions of this chapter, who proposes to engage in surface mining operations as defined in this chapter shall obtain prior to the commencement of such operations: (1) a use permit to mine from the city; (2) approval of a reclamation plan; and (3) approval of financial assurances for reclamation 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.

B.

No person who has obtained a vested right to conduct a surface mining operation 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 may be deemed to have such vested rights if, prior to January 1, 1976, the person has:

1.

Obtained any required permit or other authorization to do surface mining;

2.

Commenced surface operations and incurred substantial expenses for work and necessary materials. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation, incurred in obtaining a permit or incurred in the acquisition of property or easements, shall not be deemed liabilities for work or materials.

C.

No person who has a surface mining operation, meeting the definition of a "nonconforming use" under Chapter 18.46 (Nonconforming Uses, Structures, Sites, Parcels and Signs) of the Redding Municipal Code, shall be required to obtain a use permit under the provisions of this chapter, unless the nonconforming use is changed or expanded.

D.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, or who meets the definition of a nonconforming use of the Redding Municipal Code shall submit to the

department and receive, within a period of three months, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city or Shasta County 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, but not after, January 1, 1976.

E.

Use permits for surface mining activities shall be applied for under the terms of Chapter 18.14 (Use Permits) of this title. Such applications are also subject to review under the terms of the California Environmental Quality Act and may be subject to the "FP" floodplain overlay district regulations and applicable state regulations relating to fisheries, wildlife and air quality.

F.

All applications for a reclamation plan for surface mining operations shall be made on forms provided by the office of the department.

G.

All applications shall demonstrate conformity with the general plan. Use permits for surface mining may only be issued in areas designated on the city general plan as "General Industry" or "Extractive Industry."

H.

The use permit application for surface mining and reclamation shall consist of and contain the following information:

1.

One reproducible sepia, mylar, or other reproducible site plan submitted on a map eighteen inches by twenty-six inches in size and drawn to a scale of no smaller than one inch equals eight hundred feet. The site plan shall show the following information:

a.

Date, north point and scale;

b.

Sufficient legal description of the land to define the boundaries of the site;

c.

A key map indicating the location of the site in relation to the surrounding area;

d.

The existing topography of the land proposed to be mined using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. Contours of adjacent land shall also be shown whenever the surface features of the land affect the design of the surface mine. The contour plan shall be an accurate and current representation of the topography;

e.

The location of all streams, roads, trees, wetland areas, railroads, and utility facilities within or adjacent to, such lands and the location of all proposed access roads to be constructed in conducting the mining operation;

f.

The location of the one-hundred-year floodplain boundary of any stream if it is on or within five hundred feet of the site;

g.

The proposed location of all mining equipment, sorters, crushers, storage piles, haul roads, access routes to public streets, office buildings, sheds, fire-suppression equipment, water sources, settling ponds, etc.

h.

A plan showing how any stream channel would be utilized and how equipment would be protected in the event of a one-hundred-year flood.

2.

One reproducible sepia, mylar, or other reproducible reclamation plan submitted on a map eighteen inches by twenty-six inches in size and drawn to a scale of no smaller than one inch equals eight hundred feet. The reclamation plan shall show the following information:

a.

Date, north point and scale;

b.

Sufficient legal description of the land to define the boundaries of the site;

c.

A key map indicating the location of the site in relation to the surrounding area;

d.

The proposed topography of the land when the mining activity ceases using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. If the proposed reclamation plan includes the use of lakes, the contour map shall show the proposed lakebed;

e.

All areas of proposed uncompacted fill;

f.

All areas of proposed compacted fill;

g.

The proposed reclamation land-use with theoretical development of the area in a manner consistent with the reclamation plan. Representative structures, parking areas, landscape and other land-use characteristics shall be shown;

h.

A phasing plan showing the approximate areas to be mined and reclaimed on an annual basis;

i.

Current aerial photos at a scale of one inch equals one hundred feet. The aerial photos shall clearly show all areas to be disturbed by the mining operation. Any areas on the property outside the marked disturbance area shall be undisturbed when the mining operation is complete.

3.

Written descriptions of the following:

a.

The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands;

b.

Effects of the project on public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site;

c.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted. (This portion is to be prepared by a registered geologist);

d.

The proposed dates for the initiation and termination of such operation;

e.

The maximum anticipated depth of the surface mining operation;

f.

A description of the general geology of the area and a detailed description of the geology of the area in which surface mining is to be conducted. This may be presented in map form;

g.

The names and addresses of the owners of all surface and mineral interests of the affected lands;

h.

A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including: a description of the manner in which contaminants will be controlled and mining waste will be disposed and a description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur;

i.

An assessment of the effect of implementation of the reclamation plan on future mining in the area;

j.

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan;

k.

A title report for all parcels involved current within sixty days of the application date;

l.

The reclamation plan shall address and shall establish compliance criteria for the areas of environmental concern listed in Section 2773(b) of the Surface Mining and Reclamation Act of 1975 and any other areas of concern adopted by the state board pursuant to that section. These compliance criteria shall be at least as stringent as standards established by the state board and shall be in accordance with generally accepted engineering practices.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

As a product of the nature of a surface mining operation, there is the potential for the creation of dust, noise, glare, vibration, and turbidity; impacts from the use of heavy trucks; impacts on residential areas due to extended hours of operation during the construction season; and the creation of land use compatibility problems. In addition, related operations, such as asphalt plants, can create odors.

In order to mitigate these potential impacts, any use permit for a new or expanded surface mining operation shall contain the following requirements:

A.

Setback. Setback from areas designated on the city or Shasta County general plan as residential shall be sufficient to protect the residential areas from any impacts from the environmental factors listed in this section. The applicant shall be responsible for:

1.

Studies to determine the appropriate setback;

2.

A mitigation monitoring program to ensure that the setback achieves the goal of eliminating the identified impacts.

B.

Dust. All activities at the site of a surface mine shall be conducted in a manner to control fugitive dust emissions through the use of dust palliative agents or the use of water to mitigate off-site impacts. The applicant shall fund a monitoring program to ensure that dust mitigations are eliminating off-site impacts and shall obtain all necessary permits from the air quality district.

C.

Odor and Noxious Pollution. No person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause, or have the natural tendency to cause, injury or damage to business or property. The applicant shall fund a complaint-responsive, monitoring program to ensure that odor mitigations are eliminating off-site impacts.

D.

Noise. Noise from a surface mining operation shall not exceed the levels specified in Table 1 of the noise element of the Redding general plan. The industrial noise complaints section of the noise element of the Redding general plan shall apply to surface mining operations so long as the operations are not expanded. The applicant shall fund a complaint-responsive, monitoring program to ensure that noise is not exceeding permitted levels.

E.

Glare. Glare from night lighting shall not be visible on any public street or in any area shown as "Residential" on the Redding general plan. Should a verifiable complaint of glare be received, the night lighting must be reoriented or shielded to prevent the glare or night operations must cease.

F.

Vibration. Vibration transmitted through the air and the ground shall be undetectable at the boundaries of the property containing the surface mining operation. Should a verifiable complaint of vibration beyond the property boundaries be received, the operation causing the vibration shall cease.

G.

Blasting. Blasting shall require a use permit or an amendment to an existing use permit.

H.

Water Quality. As part of obtaining a surface mining use permit from the City, the applicant shall obtain all necessary permits from the Regional Water Quality Control Board (RWQCB). All surface mining use permit applications will be forwarded to the RWQCB for review of compliance with National Pollution Discharge Elimination Standards and the State's waste discharge requirements. The applicant will also be required to comply with the State Department of Fish and Wildlife criteria to protect fisheries and wildlife in streams adjacent to or flowing through the project site.

I.

Floodplains. Gravel- and sand-extraction operations may be permitted within a flood fringe provided that such uses comply with all provisions of Chapter 18.51, "FP" Floodplain Overlay District, and that necessary permits have been obtained from the State Department of Fish and Wildlife and the Army Corps of Engineers (including a streambed alteration permit, Section 1600, et al.).

J.

Paved Access. In order to prevent the spread of dirt and other materials to public streets, the applicant shall provide a strip of paving at least seventy-five feet long prior to entering the public street at all access points to the property. Should the seventy-five feet of paving prove inadequate to prevent the spread of materials onto public streets, the paving shall be extended or a truck-washing program instituted.

K.

Street Structural Section and Access. The applicant will be required to make any necessary off-site street improvements to ensure that public streets providing access to the operation shall have adequate structural section and design characteristics for the projected vehicle trips created by the mining operation. Additionally, alternative access routes may be required to be constructed if existing access routes pass through residential areas, by schools, or in some other way pass through areas inappropriate for frequent heavy commercial traffic. Required improvements may include, but are not limited to, traffic studies, studies of existing street structural sections, reconstructing public streets, construction of new public streets, and installation of traffic-control devices.

L.

Screening. The entire surface mining area shall be screened from public view in all directions with a solid six-foot-high fence, solid vegetative hedge, or equivalent method approved by the planning commission. Screening is not required from adjacent parcels if they are both designated as "Industrial" or "Heavy Commercial" type development on the city or Shasta County general plan and developed with an industrial or heavy commercial use. Screening shall be consistently maintained such that the screening does not itself become a visual blight.

Additionally, standards contained in Chapter 16.40 of the Redding Municipal Code relating to clearing, grading, fills, and excavation may be applicable to restore and stabilize surface areas.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2590, § 17, 8-21-2018)

Surface mining operations that annex to the city that are either legal, nonconforming uses or permitted uses by the county at the time of annexation may continue to operate provided that there is not any expansion of the use, that the county use permit clearly defines the physical limits of the operation, and that the county reclamation plan meets the requirements of the county's SMARA ordinance at the time the permit was issued. Expansion would require a use permit issued under the terms of this chapter. If the annexed surface mining operation does not have an approved reclamation plan by the county prior to annexation, then within three months of notice by the city, the operator or owner shall submit a reclamation plan to the city for approval pursuant to this chapter. Failure to submit a plan shall be grounds for revocation of the existing permit or termination of the use by the city.

Where a surface mining operation annexes to the city that has an approved reclamation plan by the county, the approved plan shall be honored by the city as long as the surface mining operation is not expanded. At the time of expansion of a use, the reclamation plan shall be amended and submitted to the city for approval pursuant to this chapter.

Financial assurances must be reviewed annually for adequacy, thus preannexation financial assurances may require modification to meet the standards of this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.44.050 - Review procedures.

Upon submission of an application for a permit to mine, approval of a reclamation plan, or approval of financial assurances, the following review periods shall apply:

A.

Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in Zone A or Zone AE of flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile upstream or downstream of any state highway bridge, the city must notify the state department of transportation of such application. The city must wait for response from the state department of transportation, but not more than forty-five days, prior to scheduling the public hearing for the permit. Additionally, such applications shall be reviewed under the terms of Chapter 18.51 of the Redding Municipal Code relating to floodplains.

B.

All reclamation plans and financial assurances and amendments to such plans and financial assurances shall be submitted to the state geologist for review. The city must wait for comments from the state geologist and provide a written response describing the disposition of the major issues raised. Comments

received and responses prepared by the city shall be forwarded to the applicant for review. If the state geologist has not responded within forty-five days of notification, the plans and assurances may be scheduled for public hearing.

C.

The city shall notify the state geologist of the filing of an application for a permit to conduct surface mining operations within thirty days of such an application being filed with the city.

D.

The city shall notify the State Department of Fish and Wildlife, the Regional Air Quality Control Board, and the Regional Water Quality Board of the request to conduct surface mining operations.

E.

The city shall notify the bureau of land management (bureau) of any application to mine on lands within the jurisdiction of the bureau. The city shall not proceed with review of such application until appropriate application has been made to the bureau.

Following completion of the required notification and comment period, the planning department shall review the permit application and the reclamation plan in accordance with the use permit procedures of Chapter 18.14, Use Permits, except that:

1.

A public hearing shall be mandatory for use permit applications that involve a reclamation plan.

2.

Notification shall be by public notice and by mailing to all persons owning property within a distance of not less than one thousand feet from the exterior boundaries of the project.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2590, § 18, 8-21-2018)

Upon a finding by the city that a supplemental guarantee for the reclamation of the mined land is necessary and upon the determination by the planning department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, irrevocable letter of credit, trust fund, or other form of financial assurance adopted by the state board conditioned upon the faithful performance of the reclamation plan shall be filed with the planning department. Such surety shall be executed in favor of the city and the state geologist and reviewed and revised annually as necessary. Such surety shall be maintained in an amount equal to the cost by a third party to complete the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding one-year period, or other reasonable term. The revised surety shall account for new lands disturbed by surface mining

operations, inflation (based on the latest rate established by the engineering news record), and reclamation accomplished in accordance with the reclamation plan.

If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the lead agency until new financial assurances are secured from the new owner and have been approved by the lead agency in accordance with Section 2770 of the California Surface Mining and Reclamation Act of 1975.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

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 city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such 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 district geologist of the state division of mines and geology by the city. 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. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Within six months of receipt of a surface mining operation's annual report to the state board, submitted pursuant to Section 2207, California Surface Mining and Reclamation Act of 1975, the city shall cause an inspection of the surface mining operation. The inspection shall be conducted by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester who is experienced in land reclamation and has not been employed by the mining operation in any capacity during the previous twelve months. The reasonable cost of the inspection shall be the sole responsibility of the operator. The inspection shall be conducted using a form approved by the state board. The inspector shall prepare a report showing:

A.

Verification that the areas of the mine designated as "reclaimed" have been reclaimed to the standards of the approved reclamation plan;

B.

Calculations showing the adequacy of the existing performance bond;

C.

Verification that the mine is in compliance with remaining conditions of the use permit and reclamation plan.

The inspection report cannot be submitted to the state board until the performance bond has been shown to conform to the amount determined by the city to be adequate. Performance bonds exceeding the amount determined by the city to be adequate may be revised to that amount.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.44.090 - Idling of surface mining operations.

A.

Within ninety days of a surface mining operation's becoming idle, as defined in this chapter, the operator shall submit to the lead agency for review and approval an interim management plan. The review and approval of an interim management plan shall not be considered a project within the meaning of Division 13 (commencing with Section 21000). The approved management plan shall be considered an amendment to the surface mining operation's approved reclamation plan for purposes of this chapter. The interim

management plan shall provide measures the operator will implement to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions. The interim management plan may remain in effect for a period not to exceed five years, at which time the city shall do one of the following:

1.

Renew the interim management plan for another period not to exceed five years if the lead agency finds that the surface mining operator has complied fully with the interim management plan;

2.

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

B.

Financial assurances required by this chapter shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan.

C.

The review, approval, and appeal process for interim management plans shall be as described in Section 2770(h), California Surface Mining and Reclamation Act of 1975.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Amendments to an approved surface mining or reclamation plan may be submitted to the city at 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 city.

B.

Amendments to an approved surface mining reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Any person aggrieved by an act or determination of the director in the exercise of the authority granted herein shall have the right to appeal to the planning commission and the city council as the case may be. Any appeal must be filed in writing within ten days after the rendition of the decision.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Chapter 18.45 - TREE MANAGEMENT