Chapter 17.720 — SURFACE MINING AND RECLAMATION

When allowed by division II of this title in the applicable zone, surface mining operations and the reclamation of mined lands are subject to the requirements of this chapter. This chapter supplements and should be reviewed in conjunction with the California Surface Mining and Reclamation Act of 1975 (section 2710 et seq. of the California Public Resources Code), as amended, which contains additional information and requirements applicable to surface mining operations and reclamation. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The city council finds and declares that:

A. The extraction of minerals 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;

B. The reclamation of mined lands as provided for 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; and

C. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that the reclamation operations and specifications therefor may vary accordingly. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

It is the intent of the city council to create and maintain effective and comprehensive surface mining and reclamation policies and regulations to properly carry out the requirements of the California Surface Mining and Reclamation Act of 1975 (section 2710 et seq. of the California Public Resources Code), hereinafter referred to as "SMARA," California Public Resources Code section 2207, as amended, and the California Code of Regulations adopted pursuant thereto (14 Cal. Code of Regs., section 3500 et seq.) to ensure that:

A. Adverse environmental and other effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable, long-term productive use of the mined and reclaimed lands; and

B. The production and conservation of minerals will be encouraged, while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality, and noise pollution. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The provisions of SMARA, California Public Resources Code section 2207, and all their implementing regulations (hereinafter collectively referred to as "state regulations"), as amended from time to time, are incorporated by reference. If the provisions of this chapter are more restrictive than correlative state provisions, this chapter prevails. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

No person shall conduct surface mining operations or permit another person to conduct surface mining operations on his or her property unless a conditional use permit and reclamation plan have first been approved pursuant to this chapter and section 17.808.200, except as otherwise provided in section 17.720.060 and section 17.720.170. Conditional use permit and reclamation plan approval are required for all surface mining operations in all zones where surface mining is allowed, and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been previously approved. Reclamation plan approval is also required for those portions of existing surface mining operations that claim to have vested rights pursuant to California Public Resources Code section 2776, unless otherwise exempted from SMARA by its provisions, or subject to an exception as provided by section 17.720.060. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

No conditional use permit is required for the excepted activities specified in section 2714 of the Public Resources Code, as that section may be amended or renumbered from time to time. Nothing in this provision is intended to exempt such excepted activities from any other provision of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

An applicant for a conditional use permit for surface mining operations and for approval of a reclamation plan shall include the information required by chapter 17.800, and as required by section 17.720.080. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. State standards. All reclamation plans shall conform to minimum statewide performance standards required pursuant to the California Public Resources Code section 2772(c) and the implementing regulations (14 Cal. Code of Regs., Article 9, Chapter 8, section 3700 et seq.), adopted by the State Surface Mining and Geology Board, including wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management.

B. Information on site and surroundings. The reclamation plan shall also address specific characteristics of the site and surface mine to be reclaimed, such as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities, and the character of the surrounding area.

C. General application information. The reclamation plan shall include the information specified by section 17.720.070, and all additional information and materials specified in the list of "Required Application Contents for Surface Mining Permits and Reclamation Plans" furnished by the planning department.

D. Information on reclamation phasing. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

1. The beginning and expected ending dates for each phase;

2. All reclamation activities required;

3. Criteria for measuring completion of specific reclamation activities; and

4. Estimated costs as provided by section 17.720.110. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.720.090 Application processing.

Conditional use permit applications and proposed reclamation plans for surface mines shall be noticed, processed, and heard as required by section 17.808.200 and chapter 17.812, and as follows:

A. Referral of application. Within 30 days of the acceptance of a conditional use permit or reclamation plan application for a surface mining operation, the planning department shall refer the applications and plans to the following:

1. The director of the state of California Department of Conservation shall be notified of the filing of all surface mining permit applications, reclamation plans and the associated CEQA document. The Department of Conservation shall have 45 days to prepare written comments on the reclamation plan and financial assurance if the director of the Department of Conservation so chooses; and

2. Whenever mining operations are proposed in a 100-year floodplain of any stream, as shown on the flood insurance rate maps issued by the Federal Emergency Management Agency (FEMA), and within one mile upstream or downstream of any state highway bridge, the planning department shall also notify the California Department of Transportation that the application has been received.

B. Authority for action on reclamation plans. The planning and design commission is the granting authority for both the conditional use permit and the reclamation plan.

C. Public hearing. Each application for a conditional use permit or reclamation plan for a surface mine is subject to at least one public hearing as specified. If applications for a conditional use permit and a reclamation plan are submitted by the same applicant for the same site, the granting authority may consider and decide upon both applications in one public hearing.

D. Hearing notice. Notice of a public hearing on a permit or reclamation plan for a surface mine shall be given as specified in chapter 17.812 for conditional use permit applicants.

E. Procedure for approval. Conditional use permits for surface mining operations shall be processed and approved as provided by section 17.808.200, which may occur at the same time as a reclamation plan. The approval of a reclamation plan, amendment to a reclamation plan, or financial assurances, as provided by section 17.720.100, shall also occur as follows:

1. Certification to State. Prior to the final approval of a reclamation plan, financial assurances or any amendments to a reclamation plan or existing financial assurances, the granting authority shall:

a. Certify to the director of the California Department of Conservation that the reclamation plan and financial assurance complies with the applicable requirements of the state regulations; and

b. Submit the plan, assurances, or amendments to the director of the California Department of Conservation for review.

2. Conceptual approval. The planning and design commission may conceptually approve a reclamation plan and financial assurance before submittal to the director of the California Department of Conservation.

3. Deferral of action. Action on a surface mining conditional use permit may be deferred until final action is taken on a reclamation plan and financial assurance. If necessary to comply with applicable permit processing deadlines, if any, the city may approve the conditional use permit for surface mining with the condition that surface mining operations shall not commence until financial assurances have been reviewed by the director of the California Department of Conservation, and final action has been taken on the reclamation plan and financial assurances.

4. Responses to State comments. The city shall evaluate the written comments provided by the California Department of Conservation during the 45-day comment period. The planning department shall prepare a written response describing the disposition of the major issues raised by the state for approval by the granting authority. In particular, when the city's position is different than the recommendations and objections raised by the Department of Conservation (or any other responsible or trustee agency) where comments have been based upon those agencies' statutory or regulatory authority, 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 city shall be promptly forwarded to the operator or applicant.

5. Final approval. The planning and design commission shall approve, conditionally approve, or deny the conditional use permit or reclamation plan as provided by section 17.808.200 and pursuant to section 2774 of the California Public Resources Code; and shall approve, conditionally approve, or deny the financial assurances as provided by section 2770(d) of the California Public Resources Code.

6. Findings for approval. In approving a conditional use permit for a surface mining operation, the planning and design commission shall make all findings required for conditional use permits, and a finding that the project complies with the provisions of applicable state regulations. In approving a reclamation plan, the planning and design commission shall first find that:

a. The reclamation plan complies with sections 2772, 2773, and 2773.1 of the California Public Resources Code and any other applicable provisions;

b. The reclamation plan complies with applicable requirements of the state regulations;

c. The reclamation plan has been reviewed pursuant to the California Environmental Quality Act, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

d. The land and resources, such as water bodies, to be reclaimed will be restored to a condition that is as compatible with and blends in with the surrounding natural environmental, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values; and

e. The reclamation plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan.

7. Referral to State. The planning department shall forward a copy of each approved conditional use permit for surface mining operations and approved reclamation plan, and a copy of the financial assurances, to the California Department of Conservation. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Reclamation activities shall be phased with respect to 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 that may be disturbed again in future operations. Reclamation may occur on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, or as approved by the city. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

To ensure that reclamation will proceed in accordance with the approved reclamation plan, appropriate security for performance shall be required as a condition of reclamation plan approval. The applicant shall post security as provided by regulations adopted by the California State Mining and Geology Board. Financial assurances shall be made payable to the city and the California Department of Conservation.

A. Scope of assurances. Financial assurances will be required to ensure compliance with elements of the reclamation plan, including 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 mitigation measures. Financial assurances for such elements of the plan shall be monitored by the planning department.

B. Amount of assurances. The amount of financial assurances shall be in the amount, and shall be calculated, as set forth in this subsection.

1. The amount of financial assurances shall be based on 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.

2. Cost estimates shall be prepared by a licensed engineer or other qualified professional retained by the operator and approved by the planning director. The estimated amount of financial assurance shall be based on an analysis of physical activities necessary to carry out the approved reclamation plan, the unit costs for each activity, the number of units of each activity, and the actual administrative costs.

3. 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, including labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

4. 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 city or state may need to contract with a third-party commercial company for reclamation of the site.

C. Adjustments to assurances. 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 completed in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the next calendar year, provided that the permittee may not claim credit for reclamation scheduled for completion during the coming year. Proposed adjustments to financial assurances shall be submitted to the planning director each year prior to the anniversary date for approval of the financial assurances. If adjustments to the financial assurances are not required, the operator shall explain, in writing, why adjustments are not required.

D. Term and release of assurances. 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). The financial assurances shall be released upon satisfactory performance. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Whenever a permit or reclamation plan for a surface mine is approved or conditionally approved, periodic inspection of the site and surface mining operation by the planning department shall be a condition of approval.

A. Timing of inspection. The planning department shall arrange for inspection within six months of receipt of the annual report required by section 17.720.130. In no event shall less than one inspection be conducted in any calendar year.

B. Purpose of inspection. The periodic inspection shall be required to determine whether the surface mining operation is in compliance with the approved conditional use permit or reclamation plan, financial assurances, and state regulations.

C. Inspection personnel. Required inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists selected by the planning director and retained by the city.

D. Inspection forms. All inspections shall be conducted using forms provided by the California State Mining and Geology Board.

E. State notification of inspection. The planning department shall notify the California Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation to the mine operator. The mine operator shall be solely responsible for the reasonable cost of the inspection.

F. Refusal of inspection. Failure by the permittee to allow a required inspection shall constitute grounds for revocation of the conditional use permit pursuant to section 17.808.450. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Report to State. By July 1st of each year, the planning department shall submit to the California Department of Conservation a copy of any conditional use permit or reclamation plan amendments, as applicable, for each active or idle mining operation, or a statement that there have been no changes during the previous year.

B. Report by surface mine operators. Surface mining operators shall forward an annual status report to the California Department of Conservation and the planning department on a date established by the California Department of Conservation, on forms furnished by the State Mining and Geology Board. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Within 90 days of a surface mining operation becoming idle (as defined by section 2721.1 of the Public Resources Code), the operator shall submit, and the planning department shall process, a proposed interim management plan (IMP) as provided by this section.

A. Content of IMP. The proposed IMP shall comply with the requirements of California Public Resources Code section 2770(h), and shall describe 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 for surface mining or the reclamation plan.

B. Processing of IMP. A proposed IMP shall be processed as an amendment to the approved reclamation plan, and shall not be considered a "project" for purposes of environmental review, pursuant to California Public Resources Code section 2770(h).

1. Referral to State. Upon receipt of a complete proposed IMP, and at least 45 days prior to action on the IMP by the city pursuant to paragraph 2 of this subsection, the planning department shall forward the IMP to the California Department of Conservation for review.

2. Approval or denial of IMP. Within 60 days of receipt of a proposed IMP, or longer period mutually agreed upon by the planning director and the operator, the granting authority shall review and approve or deny the IMP in accordance with this section. If denied, the operator shall have 30 days (or a longer period mutually agreed upon by the planning director and the operator) to submit a revised IMP. The granting authority shall approve or deny the revised IMP within 60 days of receipt. The denial of a revised IMP may be appealed to the city council in the same manner as a conditional use permit.

C. Continuation of financial assurances. Financial assurances for idle operations shall be continued as provided by the reclamation plan or as otherwise approved through the IMP for the idle mine.

D. Duration of IMP. An IMP may remain in effect for a maximum of five years, at which time the granting authority may renew the IMP for a maximum of another five years, or require the surface mining operator to commence reclamation in accordance with the approved reclamation plan. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.720.150 Site development and operational requirements.

A. Surface mining practices. The state requirements for surface mining and reclamation practices contained in the California Code of Regulations are hereby incorporated by reference. The state regulations shall be the minimum acceptable practices to be followed in surface mining operations.

B. Buffer and screening required. A noise and visual buffer or screen shall be provided along any road rights-ofway and along any property lines as required by conditions of approval, where the city determines that adjacent incompatible uses exist (e.g., schools, parks, or other public or private incompatible uses). (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Amendments to an approved reclamation plan may be submitted to the planning director, detailing proposed changes from the original plan. Deviations from the original plan that are determined by the planning director to be substantial shall not be undertaken until such amendments have been reviewed and approved by the granting authority for the original reclamation plan, through the same procedure used for the initial approval.

B. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

No conditional use permit is required for surface mining operations vested pursuant to section 2776 of the Public Resources Code; provided, that a conditional use permit is required for an expansion of the surface mining operations beyond the operations vested pursuant to section 2776. Pursuant to section 2770 of the Public Resources Code, an approved reclamation plan and financial assurances for reclamation shall be required for all vested surface mining operations except as otherwise provided in section 2770. The procedures set forth in section 17.720.090 shall apply to applications for approval of a reclamation plan and financial assurances. At least one public hearing shall be held by the planning and design commission on an application for approval of a reclamation plan and financial assurance plan. The hearing shall be noticed and heard in the same manner as an application for a conditional use permit for a surface mining operation. Pursuant to section 2770 of the Public Resources Code, the planning and design commission shall limit its consideration to whether the plan and the financial assurances substantially meet the applicable requirements of sections 2772, 2773, and 2773.1 of the Public Resources Code and its implementing regulations. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

If the planning director determines, based upon an annual or other inspection, that a surface mining operation is not in compliance with this chapter, the approved conditional use permit, any other required permit, or the reclamation plan, the city shall follow the procedures set forth in California Public Resources Code sections 2774.1 and 2774.2 concerning violations and penalties, as well as the provisions of chapter 17.112 that are not preempted by SMARA. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)