Rolling Hills Estates Municipal Code Ch. 5.60 Surface Mining and Reclamation

A. This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Division 2, Chapter 9 of the Public Resources Code ("Act").

B. The city council finds and declares 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.

C. The city council further finds that the reclamation of mined lands as provided in this chapter will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

D. The city council further finds 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 specifications therefor may vary accordingly.

E. This chapter is to govern mining and quarrying operations in addition to and in conjunction with Chapter 17.34 of this code and any permits or appraisals heretofore issued pursuant thereto. In the event of conflicts, Chapter 17.34 of this code will govern.

(Prior code § 1125)

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

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

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

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

"Operator" means any person who is engaged in surface mining operations himself, or who contracts with others to conduct operations on his behalf.

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

"Permit" means any formal authorization from, or approved by, the city, the absence of which would preclude surface mining operations.

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

"Reclamation" means the 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.

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

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

"Surface mining operations" means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

1. In place distillation, retorting or leaching;

2. The production and disposal of mining waste;

3. Prospecting and exploratory activities.

(Prior code § 1126)

A. The provisions of this chapter shall apply to quarrying of rock, sand and gravel by cutting or scraping.

B. The provisions of this chapter are not applicable to:

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

2. 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.

(Prior code § 1127)

A. Any person who is engaged or proposes to engage in surface mining operations as defined in this chapter shall obtain:

1. A permit to mine; and

2. Approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5 of the Act. A fee as established by resolution of the city council shall be paid at the time of filing.

B. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the city and as called for by Section 2772 of the Act.

C. A person engaged in or proposing to engage in surface mining operations shall submit to the city, within a period of twelve months ("A reasonable period of time"), a reclamation plan for such operations.

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

(Prior code § 1128)

The city shall review the permit application and the reclamation plan and shall schedule a public hearing within sixty days of the filing of either the permit application or the reclamation plan. Such public hearing shall be held for the purpose of consideration of the issuance of a permit for the proposed surface mining operation or approval of the reclamation plan.

(Prior code § 1129)

As a condition of approval for the permit or the reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan.

(Prior code § 1132)

Upon a finding by the city that a supplemental guarantee for the reclamation of the mined land is necessary, and upon its determination of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the city. Such surety shall be executed in favor of the city and reviewed and revised, as necessary, biannually. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period, or other reasonable term.

(Prior code § 1130)

A. Amendments to an approved reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. 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 reclamation plan shall be subject to the same procedure as is prescribed for approval of a reclamation plan.

(Prior code § 1133)

A. 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 by the city.

B. 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 of the Act.

(Prior code § 1131)

Any person aggrieved by an act or determination of the planning department administrator in the exercise of the authority granted herein shall have the right to appeal to the planning commission and then to the city council. Any appeal must be filed on forms provided within twenty days after the rendition, in writing, of the decision.

(Prior code § 1135)

The provisions of this chapter shall be enforced by any authorized member of the planning department of the city, or such other persons as may be designated by the city council.

(Prior code § 1134)