San Benito County Municipal Code Ch. 19.13 Surface Mining Operations and Reclamation

The purpose of this chapter is to implement the provisions of the California Surface Mining and Reclamation Act of 1975 (Cal. Public Resources Code (PRC) §§ 2710 et seq.). It is the intention of the Board of Supervisors to regulate surface mining operations so as to prevent or minimize the adverse environmental effects of surface mining; to provide for the reclamation of mined lands; to encourage the production and conservation of minerals; and to eliminate hazards to public health and safety.

(Ord. 1057, § 3 (part), 2023)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

ABANDONMENT OF A SURFACE MINING OPERATION. The cessation of substantial activities of the surface mining operation. An operator is conclusively presumed to have abandoned the operation when there has been a cessation of substantial activities for a period of one year or more. However, a surface mining operation shall not be deemed abandoned if the operator complies with the provisions of § 19.13.012 of this chapter.

ALTERATION OF A SURFACE MINING OPERATION. Any substantial change in a surface mining operation from that specified in an approved reclamation plan.

BORROW PIT. Excavations created by the surface mining of rock, unconsolidated geologic deposits, or soil to provide material (borrow) for fill elsewhere.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The most recent version of the PRC §§ 21000 through 21189.3, as amended.

COUNTY. The County of San Benito, California.

DIVISION OF MINE RECLAMATION. The California Department of Conservation, Division of Mine Reclamation.

EXPANSION OF SURFACE MINING OPERATION. Any substantial increase in the size or scope of a surface mining operation. EXPANSION includes, without limitation, engaging in surface mining operations beyond the boundaries specified in an approved reclamation plan, beyond the volume of materials specified in the reclamation plan, or the depth of excavation specified in the reclamation plan.

FINANCIAL ASSURANCE COST ESTIMATE (FACE). The amount of money necessary to conduct and complete reclamation on the mined lands in accordance with the approved reclamation plan, plus a reasonable estimate of the administrative costs and expenses which would be incurred by the County or Division of Mine Reclamation, the total of which shall be calculated in accordance with CCR § 3804, and shall constitute an obligation to pay by the operator. A financial assurance cost estimate shall be prepared on the most recent FACE Form published by the Division of Mine Reclamation.

FINANCIAL ASSURANCE MECHANISM. An instrument, fund or other form of Financial Assurance as provided in PRC §§ 2773.1.

FINANCIAL ASSURANCES. A current approved financial assurance cost estimate and a financial assurance mechanism that is at least equal to the current approved financial assurance cost estimate.

GRADING. To bring an existing surface to a designed form by cutting, filling and/or smoothing operations.

HAUL ROAD. A road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

IDLE. A surface mining operation at which the operator has curtailed production, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90% of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.

LEGAL NON-CONFORMING SURFACE MINING OPERATION. A surface mining operation which was a valid land use for its location when it was created and which by ordinance enacted after that land use began is no longer conforming to current regulations.

MINED LANDS. 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. Any naturally occurring chemical element or compound, or group 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 WASTE. The residual of soil, rock, mineral, liquid vegetation, equipment, machines, tools or other materials or directly resulting from, or displaced by, surface mining operations.

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

OVERBURDEN. Soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after the removal by surface mining operations.

PERSON. Any individual, firm, association, corporation, organization or partnership, limited liability company or the like, or any city, county, district or the state or any department or agency thereof.

RECLAMATION. 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, slope stabilization, or other measures.

STATE MINING AND GEOLOGY BOARD (BOARD). California State Mining and Geology Board.

STREAM BED SKIMMING. Excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, (thalweg) whichever is higher.

SMARA. The State of California Surface Mining and Reclamation Act, Cal. Public Resources Code Division 2, Chapter 9 (§§ 2710 et seq.), PRC § 2207 and state regulations, and Cal. Code of Regulations (CCR) Title 14, Division 2, Chapter 8, Article 1 (§§ 3500 et seq.).

SUBSTANTIAL DEVIATION. A change or expansion to a surface mining operation as defined in PRC § 2735 that substantially affects the completion of the previously approved reclamation plan, or that changes the end use of the approved plan to the extent that the scope of the reclamation required for the surface mining operation is substantially changed, as provided in CCR § 3502(d), as revised.

SURFACE MINING OPERATIONS.

(1) 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:

(a) In-place distillation or retorting or leaching;

(b) The production and disposal of mining waste;

(c) Prospecting and exploratory activities; and

(d) Borrow pitting, streambed skimming and segregation and stockpiling of mined materials (and recovery of same).

(2) A SURFACE MINING OPERATION is an operation existing on one parcel or multiple adjacent parcels constituting a single integrated operation.

TOPSOIL. The upper part of the soil profile that is relatively rich in humus, which is technically known as the A-horizon of the soil profile.

(Ord. 1057, § 3 (part), 2023)

The provisions of the Surface Mining and Reclamation Act (SMARA), Cal. Public Resources Code Division 2, Chapter 9 (§§ 2710 et seq.), PRC § 2207 and state regulations, and Cal. Code of Regulations Title 14, Division 2, Chapter 8, Article 1 (§§ 3500 et seq.), as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

(Ord. 1057, § 3 (part), 2023)

Except as provided in §§ 19.13.005 and 19.13.006 of this chapter, no person shall conduct surface mining operations unless a use permit or vested right to mine, reclamation plan and financial assurances for reclamation have first been approved by the County for the surface mining operations pursuant to this chapter. Any applicable exemption from this requirement does not automatically exempt a project or activity from other state or local statutes, regulations ordinances or policies including, but not limited to, the application of CEQA, conditions of approval of the use permit or other permits, the obligation to payment of development impact fees or the imposition of other dedications and exactions. The provisions of this chapter shall apply to all lands within the county, public and private.

(Ord. 1057, § 3 (part), 2023)

(A) The exemptions set forth in PRC § 2714 and CCR § 3505(a), as those exemptions 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 exemptions therein were specifically and fully set out herein.

(B) To the extent practical, the County shall provide the then current list of these exemptions on the County's website.

(Ord. 1057, § 3 (part), 2023)

(A) Existing vested rights. No person who has obtained a vested right to conduct surface mining operations 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 and no substantial change is made in that operation. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he has, in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. Any substantial changes made in a surface mining operation subsequent to January 1, 1976, except in accordance with SMARA and Cal. Code of Regulations, Title 14, § 3951, shall require an approved permit pursuant to this chapter.

(B) Procedure. If requested, a vested rights determination shall be made in accordance with the following:

(1) Request. The operator shall submit a written request with the Director of Planning and Building for a vested rights determination. The request for determination shall include information pertinent to establishing the existence and scope of the vested right. Within 30 calendar days of deeming the request for determination complete, the Director of Planning and Building shall set a public hearing before the Board of Supervisors and provide notice in accordance with the procedures set forth in § 15.13.010 of this chapter.

(2) Public hearing. A public hearing shall be held by the Board of Supervisors to consider the request for determination of a vested right, and, utilizing a preponderance of the evidence standard, the Board of Supervisors shall determine whether the operator has demonstrated its claim for a vested right. The record before the Board of Supervisors shall consist of the written materials received by the Director of Planning and Building, as well as any relevant written comments on the request for determination and any relevant testimony received at the hearing. Written comments and oral testimony other than that related to demonstrating or delimiting the existence, nature, and scope of the claimed vested rights shall not be considered by the Board of Supervisors in making the vested rights determination.

(3) Vested rights determination. Within 60 calendar days following the public hearing, the Board of Supervisors shall issue a written vested rights determination. The determination shall identify upon which specific property the vested right is established and the scope and nature of surface mining operations included within the established vested right. Not more than 30 days after the issuance of the determination, a copy of the vested rights determination shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. The decision of the Board of Supervisors shall be final.

(C) Reclamation plan. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the Planning Department for approval by the Planning Commission a reclamation plan. This reclamation plan may cover some or all areas to which that vested right applies, but, at a minimum, it must cover: all of the areas to which a vested right has been found to apply on which active mining operations have been conducted after January 1, 1976, as well as the entirety of any area to which a vested right has been found to apply that is planned or reasonably anticipated to contain surface mining operations in the near future. A person who has obtained a vested right shall also submit the required documentation for a mine inspection to the Planning Department in the same manner and with the same frequency as those operators required to obtain a permit pursuant to this chapter before commencing or expanding their operation. Absent an approved reclamation plan for any area to which a vested right applies that has been mined since January 1, 1976, including any area that is currently being mined, the continuation of the surface mining operation shall be prohibited until a reclamation plan is submitted and approved. 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. All reclamation plans submitted to the Planning Department for operations pursuant to a vested right that are conducted after January 1, 1976, shall be accompanied by the fee set pursuant to this chapter for a reclamation plan for a vested surface mining operation conducted after January 1, 1976.

(Ord. 1057, § 3 (part), 2023)

(A) Applications.

(1) Filing fee. To obtain a use permit for a surface mining operation, a person shall file an application for the permit with the Planning Division of the Resource Management Agency. Applications shall be accompanied by a fee according to the most recent fee schedule approved by the Board of Supervisors.

(2) Form and content.

(a) Applications for a use permit, reclamation plan, or amendment to a reclamation plan for surface mining or land reclamation projects shall be filed in accordance with this chapter and procedures to be established by the Planning Director. The forms for reclamation plan applications shall include, at a minimum, each of the elements required by SMARA (particularly PRC §§ 2772 through 2773) and state regulations, and any other requirements necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, shall be submitted to the Planning Division of the Resource Management Agency.

(b) Applications shall include all required environmental review forms and information as specified on application forms.

(c) For surface mining operations determined vested and exempt from a use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. The applicant shall submit to the Planning Division of the Resource Management Agency all documentation required for the reclamation plan at one time. Applications shall include all required environmental review forms and information specified on application forms.

(3) Acceptance. The Planning Director shall not accept applications as complete until the applicant provides the required information in sufficient detail to allow the Planning Director or the Director's designee to process the application. The Planning Director or the Director's designee shall notify the applicant when the application is accepted as complete. Acceptance of an application shall not constitute approval of the project.

(B) Procedure.

(1) Early consultation. Within 30 days of the Planning Director’s acceptance of an application for a use permit and/or a reclamation plan as complete, the Planning Director or Director's designee will notify the state's Division of Mine Reclamation that the application was filed. 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 Director will also notify the state's Department of Transportation that the application was filed.

(2) Review.

(a) The Planning Director or Director's designee shall review the use permit and/or reclamation plan application for accuracy and completeness. In addition, the Planning Director or Director's designee shall coordinate review of the application with other public agencies and shall process the application(s) through environmental review pursuant to CEQA and the County's environmental review guidelines.

(b) Before approving or holding a public hearing concerning a reclamation plan or amendment to a reclamation plan, the Planning Director shall submit as early as practicable the reclamation plan or amendment to the Supervisor of Mines (Supervisor) for review pursuant to PRC §§ 2772.1 and 2773.4(b). All documentation for the submission shall be submitted to the Supervisor at one time. In making this submittal, the Planning Director shall certify to the Supervisor that the reclamation plan or reclamation plan amendment is complete and is in compliance with the applicable requirements of SMARA, the SMARA regulations, and this chapter.

(c) During the review process the Planning Director or Director's designee shall give the Supervisor 30 days to review the reclamation plan or amendment to the reclamation plan for completeness. If the reclamation plan or the reclamation plan amendment to the reclamation plan has been deemed complete, or once all inadequacies identified by the Supervisor have been corrected and provided to the Supervisor, the Supervisor shall have 30 days to review and comment on the reclamation plan application/amendment. The Supervisor shall have 15 days to review the financial assurances. If the financial assurances have been deemed complete, or once all inadequacies identified by the Supervisor have been corrected and provided to the Supervisor, the Supervisor shall have 45 days to review and comment on the financial assurances.

(d) In the event a use permit is required under the provisions of this chapter, the Planning Director or Director's designee shall simultaneously review and process the reclamation plan application. The financial assurances shall be approved following the initial approval but may be approved by the Planning Director or Director's designee.

(3) Staff report. After the appropriate environmental review, the Planning Director will prepare a staff report with recommendations for consideration by the Planning Commission. The staff report shall include the state's Division of Mine Reclamation's written comments and provide a written response describing the disposition for the major issues raised by the state. In particular, when the County objects to the state's recommendations and objections, the staff report shall address, in detail, why specific comments and suggestions were not accepted. The Planning Director shall forward copies of any written comments and the County's responses promptly to the applicant/operator prior to the Planning Commission meeting.

(4) Public hearing.

(a) Upon completion of the environmental review process, interagency review and filing of all documents required by the Planning Director, the Planning Commission shall hold a public hearing to consider the applicant's request and to approve, conditionally approve, or disapprove the issuance of a use permit and/or reclamation plan, pursuant to PRC § 2772.1 and § 19.13.009 of this chapter.

(b) Upon approval of the use permit and/or reclamation plan, the County shall approve the financial assurances, pursuant to PRC §§ 2772.1 and 2773.4(a). This approval will be completed under a separate action. Section 19.13.010 of this chapter provides the approval process for both the initial FACE and annual updates, thereafter.

(5) Certification of compliance of reclamation plan and financial assurances with this chapter and state law. The Planning Commission shall certify that the reclamation plan and/or financial assurances comply with the applicable requirements of state law, If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the use permits with the conditions that the mining operation shall not be activated until the state's Division of Mine Reclamation completes its review of the cost estimates for financial assurances and the County has reviewed and approved the reclamation plan and financial assurances.

(6) Notice of reclamation plan approval.

(a) Following approval of a reclamation plan or an amendment to a reclamation plan, the County shall record a "Notice of Reclamation Plan Approval" with the County Recorder's Office in accordance with PRC § 2772.7. The notice shall include the language set forth in PRC § 2772.7 and state the name of the owner of record of the mining operation, identify the County as lead agency under SMARA for the operation, contain the acknowledged signature of the Planning Director, and include any other information required under PRC § 2772.7.

(b) Within 30 days following the approval of a reclamation plan or amendment to a reclamation plan, the Planning Director shall provide the Supervisor notice of the approval.

(7) Distribution of approved plans. No later than 60 days after the approval of a reclamation plan or amendment to a reclamation plan, the Planning Director shall provide to the Supervisor of the Division of Mine Reclamation certified copies of all maps, diagrams, or calculations, signed and sealed, and provide an official copy of the approved reclamation plan or amendment to a reclamation plan. The official copy shall incorporate all approved modifications to the reclamation plan or amendment to a reclamation plan and shall include an index showing any permit conditions of approval or binding mitigation measures adopted pursuant to CEQA as required under PRC § 2772.1. Those conditions of approval and mitigation measures shall be included in an appendix to the reclamation plan or amendment to a reclamation plan and shall be considered part of the reclamation compliance requirements and subject to the annual inspection requirements. By July 1 of each year, the Planning Director shall submit to the state's Division of Mine Reclamation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(8) Jurisdiction. Whenever a proposed or existing surface mining operation is within the jurisdiction of both San Benito County and another public agency, is a permitted use within both agencies, and is not separated by a natural or manmade barrier coinciding with the boundary of the agencies, the evaluation of the proposed or existing operation shall be made by the lead agency in accordance with the procedures adopted by the lead agency and PRC § 2774. If a question arises as to which public agency is the lead agency, any affected public agency, or the affected operator, may submit the matter to the State Mining and Geology Board (Board). The Board shall notify in writing all affected public agencies and operators that the matter has been submitted, specifying a date for a public hearing. The Board shall designate the public agency which shall serve as the lead agency based on the capability of the agency to adequately fulfill the requirements of SMARA and this chapter and which of the public agencies has principal permit responsibility.

(Ord. 1057, § 3 (part), 2023)

(A) Use permit findings. The Planning Commission shall approve or conditionally approve the use permit only if the evidence presented establishes:

(1) That the use permit application and supporting documents describe the surface mining operation in adequate detail, and incorporate adequate measures to mitigate the probable or known significant environmental effects caused by the surface mining operation;

(2) That the surface mining operation is properly located in relation to the General Plan and to the community as a whole, and to other land uses, transportation and service facilities in the vicinity;

(3) That the surface mining operation, if it complies with all conditions upon which approval is made contingent, will not have substantial adverse effect on other properties in the vicinity or cause any substantial damage, hazard or nuisance; and

(4) That the use permit for surface mining operations will comply with the provisions of SMARA and state regulations.

(B) Use permit conditions of approval.

(1) Use permit. The Planning Commission shall provide that issuance of the use permit shall be contingent upon acceptance and observance of specified conditions reasonably related to surface mining operations.

(2) Commencing operations. An operator shall commence a surface mining operation not later than one year from the date of issuance of the operations permit. Failure to commence operations within the one-year time period renders the use permit void. This section shall not apply to those surface mining operations which comply with the provisions of § 19.13.012 relating to notice of non-abandonment of surface mining operations.

(Ord. 1057, § 3 (part), 2023)

(A) Form and content. In addition to all other requirements, including those set forth in PRC § 2772 and Cal. Code of Regulations, Title 14, § 3502, the reclamation plan, at a minimum, shall:

(1) Indicate the methods to be used to reclaim the land.

(2) If phasing is proposed, include a detailed schedule of the sequence and timing of all stages of the reclamation.

(3) Describe the physical condition of the mine site upon the completion of all reclamation including the proposed uses or potential uses of the reclaimed site.

(4) Contain a map that delineates through the use of cross sections and elevations the physical characteristics of the land that will exist upon the conclusion of reclamation, as well as a topographic map showing the location of the reclaimed land.

(5) Describe the manner in which derelict machinery, mining waste and scraps will be removed from the mine site and how contaminants will be controlled.

(6) Describe the methods to be used to ensure that the mine site will contain stable waste piles and slopes.

(7) Describe how reclamation of the mine site may affect the future use of the site and surrounding area for mining purposes.

(8) Show that the proposed site in its final form will be, to the extent reasonable and practicable, revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property.

(9) Include all of the following, to the extent the required information of document is not already included in the mining plan and incorporated by reference in the reclamation plan:

(a) A chart identifying the page number, chapter, appendix, or other specific location in the reclamation plan where content meeting the requirements, as applicable, of PRC §§ 2772, 2773, and 2773.3 and Article 1 (commencing with CCR § 3500) and Article 9 (commencing with CCR § 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the Cal. Code of Regulations, is located;

(b) The name and address of the operator and the names and addresses of any persons designated by the operator as an agent for the service of process;

(c) The anticipated quantity and type of materials for which the surface mining operation is to be conducted;

(d) The proposed dates for the initiation and termination of the surface mining operation;

(e) The maximum anticipated depth of the surface mining operation;

(f) A reclamation plan map or maps that include the size and legal description of the lands that will be affected by the surface mining operation, the property lines, setbacks, reclamation boundaries and topographic details of the lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, the lands, the location of all proposed access roads to be constructed in conducting the surface mining operation, and the names and addresses of the owners of all surface interests and mineral interests in the land. All maps, diagrams, or calculations that require preparation in accordance with the Professional Engineers Act, the Geologists and Geophysicist Act, or the Professional Land Surveyors' Act need to be prepared by a California-licensed professional and shall include their license number, name, signature, and seal;

(g) A description of, and a plan for, the type of surface mining to be employed, and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

(h) A description of the proposed use or potential uses of the mined lands after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;

(i) A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including both of the following:

1. A description of the manner in which contaminants will be controlled, and mining waste will be disposed; and

2. A description of the manner in which affected streambed channels and streambanks will be rehabilitated to a condition minimizing erosion and sedimentation will occur;

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

(k) Any other information required in the County's use permit application or by SMARA or the SMARA Regulations.

(10) An item of information of a document required pursuant to division (A)(9)(a) that has already been prepared as part of a permit application for the surface mining operation or as part of an environmental document prepared for the project pursuant to CEQA may be included in the reclamation plan by reference, if that item of information or that document is attached to the reclamation plan when the County submits the reclamation plan to the Supervisor of Mines for review. To the extent the information, document, or component of a document referenced in the reclamation plan is used to meet the requirements of Cal. Public Resources Code, §§ 2773(c) or 2773.3(c), the information, document, or component of a document shall become part of the reclamation plan and shall be subject to all other requirements of SMARA and the SMARA Regulations.

(11) Indicate, pursuant to Cal. Code of Regulations, Title 14, § 3705(b), the location and associated details of the required revegetation test plot or plots, specifying revegetation success criteria, as appropriate.

(B) Reclamation plan findings. All decisions on reclamation plans shall be supported by findings. No reclamation plan shall be approved unless the finding is made that it meets the minimum applicable requirements of SMARA and this chapter.

(1) The Planning Commission shall approve or conditionally approve a reclamation plan only if the evidence presented establishes:

(a) That the reclamation plan describes the surface mining operation in adequate detail and complies with SMARA, particularly PRC §§ 2772 and 2773;

(b) That the reclamation plan complies with the requirements of applicable state regulations;

(c) That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter, the County's General Plan and any applicable resource plan or element;

(d) That the Planning Commission reviewed the potential environmental impacts of the proposed reclamation plan, pursuant to CEQA and the County's environmental review guidelines, and that all significant adverse impacts from reclamation of the land following completion of surface mining operations are mitigated to the maximum extent feasible;

(e) That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with and blends with the surrounding natural environment, topography and other resources, or that suitable off-site improvements will compensate for related disturbance to resource values;

(f) That the reclamation plan incorporates adequate measures to restore the mined lands to a naturally appearing or usable condition that is consistent with the General Plan and applicable resource plan or element and that is compatible with adjacent land uses;

(g) That the Planning Director provided a written response to the state's Division of Mine Reclamation, describing the disposition of major issues raised by that Department. Where the County disagrees with the recommendations and objections raised by the state's Division of Mine Reclamation, such response shall address, in detail, why specific comments and suggestions were not accepted.

(C) Reclamation plan conditions of approval.

(1) The Planning Commission shall provide that approval of the reclamation plan shall be contingent upon acceptance and observance of specified conditions reasonably related to surface mining operations. Those conditions shall include but not be limited to, the conditions specified in divisions (C)(2) through (6) below.

(2) For a surface mining operation located in a watercourse, the operator shall convey to the County, or its successor in interest, an easement in perpetuity for flood control purposes which will protect the future mineral resources from waste. The easement includes, without limitation, the right to clear the river channel of debris. The interest collected on the financial assurances may be used to pay for the County's cost of maintaining the easement.

(3) The operator/owner submitting the financial assurances for the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the approved reclamation plan, which statement shall be maintained in the Planning Division of the Resource Management Agency's file for the mining operation. Within 15 days of the sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Division of the Resource Management Agency for placement in the permanent record. The most recent Division of Mine Reclamation approved form shall be used for each statement of responsibility submitted to the Planning Director.

(4) Neither a reclamation plan nor financial assurances shall be approved for a surface mining operation for gold, silver, copper, or other metallic minerals, if the operation is located on, or within one mile of, any Native American sacred site, as defined by PRC § 2773.3(b)(1), and is located in an area of special concern, unless both of the following criteria are met:

(a) The reclamation plan requires that all excavations be backfilled and graded to do both of the following:

1. Achieve the approximate original contours of the mined lands prior to mining.

2. Grade all mined materials that are in excess of the materials that can be placed back into excavated area, including, but not limited to, all overburden, spoil piles, and heap leach piles, over the project site to achieve the approximate original contours of the mined lands prior to mining.

(b) The financial assurances are sufficient in amount to provide for the backfilling and grading required by division (C)(4)(a).

(5) In accordance with the performance standards provided at CCR § 3704.1, an open pit excavation created by surface mining activities for the production of metallic minerals shall be backfilled to achieve not less than the original surface elevation and the surface graded and contoured consistent with the original site topography.

(6) Surface mining operations are required to obtain agricultural conservation easements of similar quality to those prime farmland acres, that are Class 1 soil, converted at a minimum of 1:1 ratio, or as necessary to assure no net loss of agricultural productivity or value for each acre of productive agricultural land converted as a result of mining and no returned to agricultural production.

(7) If a surface mining operation results in the permanent conversion of productive agricultural land, an agricultural conservation easement shall be required. The agricultural conservation easement shall be of similar quality to those prime farmland acres, that are Class 1 soil, converted at a minimum of 1:1 ratio, or as necessary to assure no net loss of agricultural productivity or value for each acre of productive agricultural land converted.

(D) Modification, revocation of reclamation plans.

(1) A reclamation plan approved before or after the effective date of the ordinance codified in this chapter may be modified or the reclamation plan as a whole, may be revoked, only if the reclamation activities do not comply with the plan or if there is a compelling public necessity. A compelling public necessity warranting the revocation of a reclamation plan may exist where the reclamation activities constitute a public nuisance, or where the plan itself is inadequate under the Act or this chapter. The Planning Division of the Resource Management Agency shall monitor the reclamation activities and reclamation plans annually or periodically as necessary, in accordance with this division.

(2) The procedure to modify and/or revoke a reclamation plan shall be the same as provided in § 19.13.022.

(E) Amendments.

(1) An operator may submit amendments to an approved reclamation plan, detailing proposed changes to the plan to the Planning Division of the Resource Management Agency, at any time in accordance with the provisions of § 19.13.009. Under no circumstances shall any deviation from the approved use permit or reclamation plan be undertaken until the required amendment is approved by the County. The County shall approve such amendments in accordance with the procedures for approval of reclamation plans described in this chapter. An approved amendment to a reclamation plan shall not be considered an alteration or expansion per se of an approved use permit or of a legal non-conforming surface mining operation.

(2) The County shall review the application for an amended use permit or reclamation plan to determine whether the requested change or expansion constitutes a substantial deviation, as defined in § 19.13.002 of this chapter, based on the following factors:

(a) A substantial increase in the disturbance of a surface area or in the maximum depth of mining;

(b) A substantial extension of the termination date of the mining operation as set out in the approved reclamation plan;

(c) Changes that would substantially affect the approved end use of the site as established in the reclamation plan;

(d) The consistency of any proposed change to the operation with the previously adopted environmental determinations;

(e) Any other changes that the Planning Director deems substantial deviations as defined in this chapter.

(Ord. 1057, § 3 (part), 2023)

(A) Financial assurances.

(1) Any person conducting a surface mining operation, or who has conducted a surface mining operation subsequent to January 1, 1976, shall provide to the County's Planning Division of the Resource Management Agency financial assurances to ensure that reclamation is performed in accordance with the surface mining operation's approved reclamation plan. The amount of the financial assurance shall be adequate to ensure that the County or state can reclaim the site pursuant to that approved plan. The mine operator shall enter into a written agreement and post accompanying security for financial assurances to insure that the County or state can cause the reclamation of the disturbed portion of the site in accordance with the approved plan.

(2) 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 post security in the form of cash, 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 and the state's Division of Mine Reclamation. To ensure liquidity and availability of the assurance, the first $25,000 of security shall be posted in cash.

(3) Financial assurances shall 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.

(4) The operator shall base the amount of the financial assurances 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 occurring since January 1, 1976, and the actual amount required to reclaim new lands to be disturbed by surface mining activities in the upcoming year. A California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Planning Director shall prepare the cost estimates 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 guarantee 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 a reasonable profit by a commercial operator other than the mine operator or landowner. A contingency factor of 10% shall be added to the cost of financial assurances.

(5) The mineral owner and owner of the surface estate, if legally entitled to do so, shall allow access to the property on which the mining operation is located to any governmental agency or the agency of any company providing financial assurances in connection with the reclamation plan and expending those financial assurances for reclamation, in order that reclamation may be carried out by the governmental agency or company, in accordance with the reclamation plan.

(B) Initial financial assurance cost estimates. Following approval of a new or amended reclamation plan, the initial FACE shall be reviewed and approved pursuant to PRC § 2773.4.

(1) Prior to approving the financial assurance cost estimate for a new reclamation plan or adjustments to the financial assurance cost estimate based on an amendment to a reclamation plan, the County shall submit the financial assurance cost estimate to the Supervisor for review.

(2) The lead agency shall provide the Supervisor with a determination that the financial assurance cost estimate submitted pursuant to division (B)(1) is adequate, complete, and consistent with PRC § 2773.1.

(3) All documentation submitted to the Supervisor pursuant to this subdivision shall be submitted at one time.

(4) No later than 15 days after receiving a financial assurance cost estimate, the Supervisor shall notify the County and the operator if the submission is incomplete. An incomplete submissions is one that does not meet the content requirement of PRC § 2773.1, and the Board's financial assurance guidelines adopted pursuant to PRC § 2773.1(f). The Supervisor's notice shall specifically identify all aspects of the submission that are incomplete. The Supervisor's time to review the FACE shall commence upon the receipt of a submission that contains the aspects identified in the Supervisor's notice to the County.

(5) (a) The Supervisor shall have 45 days from the date of receipt of a complete FACE to prepare written comments if the Supervisor chooses.

(b) The County shall evaluate written comments received from the Supervisor relating to the FACE within a reasonable amount of time. The County shall prepare a written response to the Supervisor's comments describing the disposition of the major issues raised by the Supervisor's comment.

(6) The County shall submit its proposed response to the Supervisor at least 30 days prior to approval of the FACE. The County's response shall include either of the following:

(a) A description of how the County proposes to adopt the Supervisor's comments to the FACE.

(b) A detailed description of the reasons why the County proposes to not adopt the Supervisor's comments.

(7) Copies of any written comments received, and responses prepared by the County shall be forwarded to the operator.

(8) (a) If the County, in its written response to the Supervisor's comments, proposes to not adopt the Supervisor's comments relating to the FACE, the Supervisor, within 15 days of receipt of the lead agency's written response, may request in writing a consultation with the County to discuss the Supervisor's comments and the County's response. The request shall include an invitation to the operator to participate in the consultation. The consultation may be conducted in person, electronically, telephonically, or by any means convenient to the parties.

(b) If the Supervisor requests a consultation pursuant to this division, the County shall not approve the FACE until after consulting with the Supervisor. The consultation shall occur not later than 30 days after the Supervisor's request unless an alternate timeframe is mutually agreed upon by the Supervisor, County, and operator.

(9) (a) The County shall give the Supervisor at least 30 days' notice of the time, place, and date of the hearing at which the FACE is scheduled to be approved by the County. If no hearing is required by this Chapter, local ordinance, or other state law, then the County shall provide 30 days' notice to the Supervisor that it intends to approve the FACE.

(b) The County shall send to the Supervisor its final response to the Supervisor's comments within 30 days following its approval of the financial assurance cost estimate, during which time the Division of Mine Reclamation retains all of its powers, duties, and authority pursuant to this chapter.

(C) Annual financial assurance cost estimates.

(1) The Planning Director shall adjust annually the amount of financial assurances required of a surface mining operation to account for new lands disturbed by surface mining operations, inflation and any final reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates regarding the cost of reclamation for existing conditions and anticipated activities during the upcoming year, except that the operator may not claim credit for reclamation scheduled for completion during the coming year.

(2) The operator shall submit an annual financial assurance cost estimate (FACE) to the Planning Director each year for review and approval within 30 days of completion of an annual inspection under § 19.13.019 herein. The financial assurance shall cover the cost of reclaiming existing disturbed areas and the cost of activities anticipated 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.

(3) 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, requiring the County or state's Division of Mine Reclamation to contract with a third-party commercial company for reclamation of the site. Accordingly, the cost estimate shall reflect fees charged by commercial operator, other than the mine operator, to perform reclamation activities in the locality.

(4) Within 60 days of receiving an annual financial assurance cost estimate, the Planning Director shall deny the financial assurance cost estimate or shall submit the financial assurance cost estimate, together with any documentation received supporting the amount of the cost estimate, to the Supervisor for review.

(5) The Planning Director may deny the financial assurance cost estimate on the basis that the financial assurance cost estimate is inadequate. The Planning Director shall specify the reasons for that determination.

(6) An operator whose financial assurance cost estimate is denied shall have 15 days to appeal that denial to the State Mining and Geology Board pursuant to PRC § 2770(e) and 14 CCR § 3681 or to provide the Planning Director with a revised financial assurance cost estimate incorporating the suggested changes for approval by the Planning Director.

(7) When the financial assurance cost estimate is submitted to the Supervisor for review, the Planning Director shall also provide the Supervisor with a determination that the annual financial assurance cost estimate is adequate, complete, and consistent with SMARA and state regulations. The Planning Director shall submit all required documentation to the Supervisor at one time. Within 30 days of receiving any written comments on the annual financial assurance cost estimate from the Supervisor, the Planning Director shall evaluate those comments and provide the Supervisor and the operator with a proposed response. The proposed response shall be submitted to the Supervisor at least 30 days prior to the County's approval of the annual financial assurance cost estimate and shall either provide a description of how the County proposes to adopt the Supervisor's comments, or a detailed description of the reasons why the County proposes not to adopt the Supervisor's comments.

(8) If the County proposes not to adopt the Supervisor's comments concerning the financial assurance cost estimate, within 15 days of receipt of the County's written response, the Supervisor may request in writing consultation with the County. If the Supervisor timely requests such consultation, the County shall not approve the annual financial assurance cost estimate until after consulting with the Supervisor. Such consultation shall occur not later than 30 days after the Supervisor's request, unless an alternative timeframe is mutually agreed upon by the Supervisor, Planning Director, and operator.

(9) Within 60 days of receiving the Supervisor's written comments, or of consultation pursuant to the preceding division, whichever is later, or the due date of the Supervisor's written comments if none are received, the County shall approve or deny the operator's financial assurance cost estimate.

(10) The County shall give the Supervisor at least 30 days notice of the time, place, and date of the hearing at which the annual financial assurance cost estimate is scheduled to be approved by the County. If no hearing is requested, the County shall provide 30 days notice to the Supervisor that it intends to approve the annual financial assurance cost estimate.

(11) Within 30 days of the County's approval of the annual financial assurance cost estimate, the County shall send to the Supervisor the County's final response to the Supervisor's comments.

(12) The Supervisor may appeal the County's approval of a financial assurance cost estimate to the State Mining and Geology Board if the Supervisor has commented pursuant to PRC § 2773.4 that the financial assurance cost estimate is inadequate.

(13) The Planning Director shall send to the operator copies of any written comments received and all responses prepared by the County relating to the annual financial assurance cost estimate.

(14) Within 30 days of the County's approval of the financial assurance cost estimate, the operator shall provide the Planning Director and the Supervisor with an appropriate financial assurance mechanism.

(a) Within 15 days of receiving a financial assurance mechanism, the Planning Director and the Supervisor shall review the financial assurance mechanism to determine if the type of mechanism, including the release instructions, meets the requirements of SMARA and this chapter.

(b) The Planning Director shall return to the operator any financial assurance mechanism determined to be noncompliant with SMARA or this chapter, with instructions on how to correct the type of financial assurance mechanism or the financial assurance mechanism's release instructions.

(15) If the Planning Commission, following a public hearing, determines that the operator is financially incapable of completing reclamation in accordance with its approved reclamation plan or has abandoned its surface mining operation without completing reclamation, the Planning Director shall:

(a) Notify the operator, within ten days of making the determination, by personal service or certified mail that the County intends to take appropriate action to forfeit the financial assurance and specify the reasons for so doing.

(b) Proceed to take appropriate action to require forfeiture of the financial assurance.

(c) Use the proceeds from the forfeited financial assurance to conduct and complete reclamation in accordance with the approved reclamation plan. If the surface mining operation cannot be reclaimed in accordance with its approved reclamation plan, or the financial assurances are inadequate to reclaim it in accordance with its approved reclamation plan, the County may use forfeited financial assurances to reclaim or remediate mining disturbances as appropriate for the site conditions as determined by the County and the Supervisor. The operator shall be responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan, or an approved remediation plan developed pursuant to this subsection, that are in excess of the proceeds from the forfeited financial assurance.

(16) Beginning on the date of determination of financial incapacity or abandonment, the County shall provide annual status reports on the progress of reclamation to the Supervisor and the State Mining and Geology Board pursuant to PRC § 2773.1, until reclamation is complete in accordance with the approved reclamation plan.

(17) 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). Written concurrence of the Resource Management Agency and the Department of Conservation that reclamation has been completed in accordance with the approved reclamation plan shall be forwarded to the operator and the institution(s) providing or holding the financial assurance mechanism(s).

(D) Transfer of ownership. If a surface mining operation is sold or ownership is transferred to another person, the existing financial assurance mechanism shall remain ln force and shall not be released by the County and Department of Conservation until new financial assurance mechanisms are secured from the new owner and have been approved by the Resource Management Agency. Within 90 days of the sale or transfer of a surface mining operation, the new operator shall submit an appropriate financial assurance mechanism.

(Ord. 1057, § 3 (part), 2023)

(A) Generally. The Board of Supervisors finds that any reclamation plans approved prior to the effective date of this chapter which are inadequate or incomplete create a danger of flooding, erosion, air, water and noise pollution, destruction of wildlife habitat, and impairment of the aesthetic environment. These dangers in turn threaten the health and safety of persons as well as the existence and security of public and private property. Consequently, the Board of Supervisors declares that inadequate or incomplete reclamation plans are a public nuisance. The Board of Supervisors further declares that reclamation plans are inadequate or incomplete if they fail to contain all information required by the applicable state statutes or regulations or by this chapter, or if they fail to provide adequate security to guarantee performance therewith.

(B) Security to guarantee performance of reclamation plans. To ensure the performance of a reclamation plan approved prior to the effective date of the ordinance codified in this chapter so as to prevent or eliminate a public nuisance, operators of all surface mining operations with reclamation plans approved prior to the effective date of the ordinance codified in this chapter shall enter into agreements with the County to guarantee performance of the reclamation plans. The agreements shall be governed by the requirements of § 19.13.009.

(Ord. 1057, § 3 (part), 2023)

(A) Abandonment ends right to operate. No surface mining operation whether existing before or after the effective date of the ordinance codified in this chapter, with or without a permit, shall have the right to continue if the operator abandons the surface mining operation.

(B) Interim management plan. However, there shall be no determination of abandonment if an operator submits an interim management plan as specified in this section.

(1) Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Division of the Resource Management Agency a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to, all use permit and reclamation plan conditions, and shall provide measures the operator will implement during its idle status to maintain the site in a stable condition and in compliance with this chapter, taking into consideration public health and safety. The proposed IMP shall be processed as an amendment to the reclamation plan in accordance with § 19.13.009 of this chapter. IMPs shall not be considered a project for the purposes of environmental review.

(2) Financial assurances for idle operations shall be maintained, as though the operation was active, or as otherwise approved through the idle mine's IMP.

(3) Within 45 days of receipt of the proposed IMP, the Resource Management Agency shall review the IMP in accordance with this chapter.

(a) If the Planning Director finds that the proposed IMP satisfies all applicable requirements, the County shall submit the IMP, including a revised IMP, to the Supervisor for review and certify to the Supervisor that the IMP is a complete submission and compiles with this chapter, SMARA, and state regulations.

(b) If the Planning Director finds deficiencies in the proposed IMP, the County shall notify the operator in writing of the deficiencies in the IMP. The operator shall have 30 days, or a longer period mutually agreed upon by the County and the operator, to submit a revised IMP.

(4) After receipt of the proposed IMP, the Supervisor shall have 30 days to prepare written comments on the IMP, if he or she elects to do so.

(5) The County shall review and evaluate written comments received from the Supervisor relating to the IMP within a reasonable amount of time.

(6) The County shall prepare a written response to the Supervisor's comments received describing the disposition of the major issues raised by the comments. The County shall submit its response to the Supervisor and the operator at least 30 days prior to the intended approval of the IMP. The County's response shall include either of the following:

(a) A description of how the County proposes to adopt the Supervisor's comments to the IMP.

(b) A detailed description of the reasons why the County proposes not to adopt the Supervisor's comments.

(7) The County shall approve or deny approval of the proposed IMP within 60 days of receipt of the Supervisor's comments or within 90 days of submitting the IMP to the Supervisor if no comments are received from the Supervisor.

(8) Where the Supervisor has commented, the County shall give the Supervisor at least 30 days’ written notice of the time, place, and date of the hearing at which the IMP is scheduled to be approved by the County, or, if no hearing is required by this chapter, SMARA, or other law shall provide 30 days’ written notice to the Supervisor that the County intends to approve the new IMP.

(9) Within 30 days following the approval of the IMP, the County shall provide the Supervisor notice of the approval and a copy of the approved IMP.

(10) If the Planning Commission denies the revised IMP, the operator may appeal that action to the Board of Supervisors, which shall schedule a public hearing within 45 days of the filing of the appeal or a longer period mutually agreed upon by the operator and the Board of Supervisors.

(11) Unless review of an IMP is pending before the County or an appeal is pending before the Board of Supervisors, a surface mining operation that remains idle for over one year after becoming idle, as defined in PRC § 2727.11 without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.

(12) The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission shall do one of the following:

(a) Renew the IMP for another period not to exceed five years, which may be renewed for one additional five-year renewal period at the expiration of the first five-year renewal period, if the County finds that the surface mining operator has complied fully with the IMP; or

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

(Ord. 1057, § 3 (part), 2023)

The following are standard conditions for surface mining operations, which shall apply to all surface mining operations unless specifically modified by the Planning Commission.

(A) Appearance.

(1) Surface mining shall be operated in a neat and orderly manner, free from junk, trash or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary to eliminate fire hazards. Salvageable equipment stored in a non-operating condition shall be suitably screened or garaged.

(2) If the surface mining operation is located on a hillside and within a County designated Scenic Corridor, the County shall use design review to protect the hillsides and ridgelines that are a unique scenic resource in the County. Development within 100 vertical feet of any ridgeline shall be prohibited unless there are no site development alternatives.

(3) The County shall review use permit applications to ensure a reasonable and attractive appearance from the highway concurrent with a harmonious relationship with the existing landscape and shall require development that is determined not to be in harmonious relationship with the existing landscape to be screened from view through planting or other forms of visual buffers consistent with division (I) below.

(B) Setbacks.

(1) Cut slopes shall be a minimum of 25 feet distant from adjoining property lines, except where adjoining property is being mined, and a minimum of 40 feet from any right-of-way of any public street or official plan line or future width line of a public road. The Planning Commission may establish greater setbacks when it deems them to be appropriate, based on factors such as site conditions or proposed mining operations.

(2) When surface mining occurs in a canyon area which abuts an urban area, or the ridgeline is visible from the valley floor, the top of the uppermost cut area shall be as shown in an approved reclamation plan.

(C) Noise and vibration.

(1) Noise and ground vibration shall be reduced to a minimum. To achieve this, loading points shall not be located closer than 50 feet from any property line, unless otherwise permitted by the Planning Commission.

(2) Noise attenuation measures shall be installed where necessary to reduce noise levels in order to comply with noise standards of the County General Plan.

(3) Screening and rock crushing shall be noted in the permit application and subject to Planning Commission conditioning.

(D) Explosive use. Use of explosives in operations shall be noted in the permit application and subject to Planning Commission conditioning. When the Planning Commission finds that the use of explosives (blasting) is the only logical method of loosening natural material for the purpose of removal, the method shall be noted in the conditions of approval.

(E) Traffic safety and roads.

(1) The site shall provide adequate space for parking, queuing and loading of trucks, as well as packing of employee vehicles to minimize the traffic problem to residents on neighboring streets.

(2) Haul roads shall be designed to stay away from property lines, residential areas, and schools, when feasible. Additionally, haul roads shall avoid highly erodible areas and hazardous areas (e.g., faults, flood plains, landslide areas, fire hazard areas) to the extent feasible. If a hazard is present within a planned haul road alignment, the planned alignment shall be modified to the extent feasible to avoid the hazard.

(3) The use permit shall specify the haul routes on public roads. Should any truck owned or operated by a surface mining operation creates a hazard to life or property, the Planning Director may, on the basis of specific facts that warrant that the surface mining operation being found to be a nuisance, set a revocation hearing before the Planning Commission.

(4) The use permit shall specify the number and location of access points, subject to approval by the Planning Commission. If required, acceleration and deceleration lanes which meet County standards shall be provided.

(5) The use permit shall specify an approved surface for the access road for a distance of not less than 100 feet from the public road right-of-way line into the area of operation in order to minimize the deposit of dirt and gravel from trucks onto the public roads. During hauling operations, the operator shall remove any spillage of materials on public roads promptly and completely.

(6) Haul roads on hillsides shall be located and designed consistent with County General Plan policy as follows:

(a) New haul roads on hillsides shall minimize visual impact by blending with natural landforms and by following the natural contours of the land as much as possible. Driveway access in hillside areas shall be consolidated where possible and limited to areas where adequate sight distance is available for all approaches.

(b) New haul roads on hillsides shall not exceed a 15% grade. Grades of up to 20% may be allowed for distances of up to 400 feet. Grades over 15% shall have all weather surfaces, such as asphalt or concrete.

(c) New haul roads on hillsides and ridges that are visually prominent from County or state roadways shall be designed and constructed to minimize scarring.

(F) Dust control. Surface mining operations shall be conducted so as to reduce the occurrence of dust to a minimum in compliance with the regulations of the Monterey Bay Unified Air Pollution Control District currently in effect or subsequently adopted which are hereby incorporated by reference. Unless otherwise specified by the Planning Commission, operations shall be conducted in accordance with the following minimum standards.

(1) The operator shall maintain access roads in a reasonably dust-free condition by paving, oiling, watering or chemically treating the access roads from public thoroughfares to a point not less than 100 feet from the point at which haulage vehicles are being loaded.

(2) The operator shall maintain areas used for the movement of haulage vehicles and mobile equipment closer than 100 feet from the public road to the point at which haulage vehicles are being loaded by sprinkling the areas with oil or water or chemically treating such areas as frequently as necessary to reduce the stirring of dust to the minimum level possible.

(3) The operator shall conduct activities likely to raise dust, including but not limited to, dozing, digging, scraping and loading of excavated materials, in a manner which reduces dust to the minimum level possible. Sprinkling shall be done where necessary to comply with this standard.

(4) The operator shall sprinkle stockpiles and screen operations or any part of the facilities as necessary to reduce dust.

(G) Hours and days of operation.

(1) The use permit shall limit the hours of operation for the surface mining operation to daylight hours, excluding Sundays or holidays. However, the Planning Commission may alter this standard where conditions of density and proximity would warrant liberalization or restriction.

(2) In cases of public emergency, the Planning Director may temporarily waive restrictions regarding hours and days of operation. In cases of private emergency, the Planning Director may authorize reasonable and necessary repairs to the equipment and limited operations required to restore normal operations by issuing a temporary permit for periods up to and including 56 hours, but not to exceed one week total, allowing the temporary waiver of restrictions regarding hours and days of operation.

(H) Fencing and posting. The Planning Commission shall require those portions of an excavation area where public safety requires fencing. The Planning Commission may require posting in other portions of the excavation area.

(1) Where excavation is authorized to proceed in stages, the operator may limit fencing to the area already excavated. The operator shall provide adequate fencing to exclude unauthorized dumping.

(2) The Planning Commission may require the enclosure of all or a portion of an excavation by an approved fence either along the property line or the periphery of the excavation where deemed necessary for public safety by the Planning Commission. The fence shall not be closer than ten feet to the top edge of any cut slope. All fences shall have suitable gates at access points, which shall be securely locked during hours and days of non-operation.

(3) Fencing shall be a four-strand barbed-wire unless otherwise provided by the Planning Commission.

(4) The operator shall post signs conspicuously along the periphery of the property in such a manner and at such intervals as will give reasonable notice to passers-by of the matter contained in such notice. The signs shall state by letters no less than four inches tall "WARNING: COMMERCIAL SURFACE MINING OPERATION CONDUCTED ON THESE LANDS" both in English and Spanish.

(I) Screening.

(1) Operators shall provide screening for surface mining operations to secure the use and enjoyment of nearby properties.

(2) Acceptable methods of screening shall include, but not be limited to, installation of berms, fences, plantings of suitable shrubs and trees, which shall be placed and maintained in order to minimize visibility of cut slopes, mining operations and equipment from public view.

(3) Operators may place and maintain screening along the streets and exterior property lines or the perimeter of the visible portions of the site being operated, so long as the screening satisfies the objectives of this division.

(J) Health and sanitation. The operator shall maintain any body of water created during operations within the mining operation in such a manner as to provide for mosquito control and to prevent the creation of health hazards or public nuisances.

(K) Protection of streams and water bearing aquifers.

(1) Operators shall conduct surface mining in a manner so as to keep adjacent streams, percolation ponds or water bearing strata free from undesirable obstruction, silting, contamination or pollution of any kind. The objective is to prevent discharges, which would result in higher concentrations of silt than existed in off-site water prior to mining operation. The regulations and permitting requirements of the Regional Quality Control Board, the California Department of Fish and Wildlife that are currently in effect or subsequently adopted are incorporated by reference.

(2) The operator will minimize the removal of vegetation and overburden in advance of surface mining.

(3) The operator shall manage stockpiles of overburden and minerals to minimize water and wind erosion. Stockpiling in the river channel is forbidden.

(4) The operator shall construct and manage erosion control facilities including, but not limited to detention basins, settling ponds (desilting and energy dissipaters), ditches, streambank stabilizers and dikes so as to control erosion.

(5) Where operations are in stream channels or are located in areas that are sufficiently proximate to stream channels so as to allow such operations to directly affect stream channels, all operations shall conform to the operation plan approved by the Planning Commission. The operation plan shall require the operator to do the following:

(a) Maintain the location of the approved channel;

(b) Avoid increasing the gradient of the stream;

(c) Finish side slope of the lawful channel no later than October of each year;

(d) Remove all debris and vegetation growth from the center channel by October 1 of each year;

(e) Mitigate erosion adjacent to the mining operation both upstream and downstream of the mining operation (e.g., by installing blocking walls, riprap and the like); and

(f) Maintain, wherever practicable, a filter strip of an appropriate width and consisting of undisturbed soil, with riparian vegetation, or its equivalent, between areas significantly disturbed by surface mining operations and any watercourse, lake, bay, estuary, marsh or other water body.

(6) If required by the County, developers of new or expanded mining operations shall prepare a hydro logic report to evaluate the up- and down-stream effects of the proposed operation.

(7) Developers of new or expanding mine operations shall prepare a sedimentation budget.

(8) The County may adopt from time to time plans to mitigate the effects of mining on the river. The operator shall comply with such plans.

(9) New and expanded sand and gravel mining operations in the floodplain of the San Benito River or Tres Pinos Creek shall ensure that the structural integrity and hydraulic capacity of bridges, pipelines, and other structures in the river are not affected by the construction and/or operation of said operation.

(L) Permits. Applicants shall comply with applicable laws.

(M) Silt prevention. The Planning Commission may restrict mining operations in the natural or artificially enlarged channel of any river, creek, stream or natural or artificial drainage channel when the mining may result ln the deposit of silt therein.

(N) Groundwater protection. The operator shall ensure that surface mining operations which may penetrate near or into usable water-bearing strata including, without limitation, wells, shall not reduce the transmissivity or area through which water may flow, unless the operator first provides approved equivalent transmissivity or area elsewhere, and shall not subject the groundwater basin or sub-basin to significant pollution or contamination.

(O) Concurrent reclamation. The operator shall conduct reclamation in stages compatible with, and concurrent with, extraction activities. The County shall ensure that reclamation is achieved in a manner that protects public safety and enables land to be put to subsequent beneficial use. The operator may reclaim the land for agricultural, residential, commercial, industrial, open space and recreational or any other appropriate use.

(P) Overburden. The salvage of existing topsoil is an important factor in revegetation and thus is a crucial part of the reclamation process. Topsoil is a valuable asset and the operator shall segregate it for future use in revegetation. The Planning Commission may require the operator to conduct a soil survey to allow the Planning Commission to determine the appropriate use of topsoil in post-mining rehabilitation and to determine whether the types of vegetation being proposed in the reclamation plan are appropriate.

(Q) Final slope gradient.

(1) When designing the proposed steepness and treatment of the mined lands' final slopes, the operator shall consider the physical properties of the slope material, landscaping requirements and other factors. The maximum stable slope angle might range from 90 degrees in a sound limestone, igneous rock or similar hardrock to less than 20 degrees in highly expansive clay, as determined by an appropriately licensed person. In all cases, reclamation plans shall specify slope angles flatter than the critical gradient for the type of material involved, as determined by an appropriately licensed person.

(2) The operator shall eliminate dangerous contours caused by operations from the land surface of the excavated area and shall fill mine shaft openings or otherwise secure them in a manner so as to eliminate dangerous conditions.

(3) The operator shall ensure that the slopes of excavations made to a water-producing depth shall not be steeper than one and one-half feet horizontal to one foot vertical for areas from five feet above the water line to the bottom of the excavation below the water line, unless otherwise specifically permitted.

(4) The operator shall prepare an engineering analysis of slope stability whenever final slopes approach the critical gradient for the type of material involved. The analysis shall place special emphasis on slope stability and design when final slope gradient may affect public safety or adjacent property.

(5) Based upon the maximum stable slope angle of the material involved, the Planning Commission may, at the time of approval or modification of the reclamation plan, specify the slope of the reclaimed land surface, require grading or backfilling, and require the elimination of unnatural steps or benches. The Planning Commission shall take into account the environmental and/or technological feasibility of any such requirement or specification, but such considerations may be overridden when the Planning Commission determines that the public health, safety or welfare require.

(R) Erosion and drainage. The operator shall design grading and revegetation to prevent excessive erosion and to convey surface runoff to natural drainage courses or interior basins designed for water storage. The operator may create lakes, ponds, streams or other bodies of water within an excavation only when authorized by the approved reclamation plan approved. The operator shall treat final surfaces so as to prevent erosion unless otherwise specifically permitted by the Planning Commission.

(S) Resoiling.

(1) When the reclamation plan calls for resoiling, the operator shall level coarse hard mine waste and cover it with a layer of finer material or weathered waste and place a soil layer on this prepared surface. The operator shall remove toxic material. Operators of surface mines that did not salvage soil during their initial operations shall attempt, where feasible, to upgrade remaining native materials. The operator shall use soil conditioners, mulches or imported topsoil where revegetation is part of the reclamation plan and where such measures appear necessary to ensure successful revegetation. The operator shall not denude adjacent areas of soil for purposes of reclaiming areas disturbed by surface mining operations for any such denuded area shall in turn be reclaimed.

(2) The operator shall address reclamation of any area mined to produce additional materials for backfilling and grading in the reclamation plan.

(3) The operator shall address settlement of filled areas in the reclamation plan. Where probable ultimate site uses include roads, building sites or other improvements sensitive to settlement, the reclamation plan shall provide for compaction of the fill materials in conformance with good engineering practice to avoid excessive settlement.

(T) Replanting.

(1) Within six months after surfaces have been graded to their final contours, or within such other time period as is approved by the Planning Commission, the operator shall take suitable measures to establish vegetation capable of stabilizing the soil on areas where revegetation is possible, and rock is not exposed. The Planning Commission shall approve vegetation types and the operator shall maintain the vegetation until the soil is adequately stabilized to withstand the elements and shall provide irrigation when necessary.

(2) When the operator proposes to conduct surface mining operations in stages of a series of benches, the Planning Commission may require the operator to landscape each bench or group of benches upon completion of excavation on the particular bench or benches.

(3) The operator shall use available research regarding revegetation methods, the selection of species having good survival characteristics and the climate of this area. The operator shall use native species wherever practicable and may use screens and roadside plantings at mines currently in operation, where the screens and plantings are practicable and desirable.

(U) Removal of structures; equipment and stockpiles.

(1) The operator shall remove all structures, equipment and stockpiles, except required fences, from areas disturbed by surface mining operations excavations six months after termination of operations, or such other time period as determined by the Planning Commission.

(2) Within the same period, the operator shall remove individual sewage disposal systems in accordance with the County Health Department's recommendations.

(V) Additional standards. The Planning Commission may impose additional performance standards developed either during environmental review of individual projects or through the formulation and adoption of countywide performance standards.

(W) Time frame. The operator shall initiate reclamation activities on those portions of the mined lands that will not be subject to further disturbance at the earliest possible time. The County may require the operator to conduct interim reclamation of mined lands that have been disturbed and that may be disturbed again in future operations. The operator may conduct reclamation 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:

(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 for completion of each phase of reclamation.

(Ord. 1057, § 3 (part), 2023)

For the purposes of a borrow pit surface mining operation that is owned or operated by the County solely for use by the County, all of the following shall apply:

(A) (1) In addition to the requirements of PRC §§ 2772 and 2773, the County shall include in its reclamation plan maintenance measures that become effective when the borrow pit surface mining operation is idle. The maintenance measures shall maintain the site in compliance with this chapter while the borrow pit surface mining operation is idle.

(2) Notwithstanding division (A)(1), the County may obtain an interim management plan in accordance with § 19.13.012(B) of this chapter.

(3) The County shall be exempt from the requirements of § 19.13.012(B)(11) of this chapter, if in compliance with this division.

(B) Notwithstanding PRC § 2770(h)(2), an IMP for a borrow pit surface mining operation may remain in effect until reclamation of the borrow pit surface mining operation is completed in accordance with the approved reclamation plan.

(C) Notwithstanding PRC § 2774(b), the County may conduct an inspection of a borrow pit surface mining operation once every two calendar years during a period when the borrow pit surface mining operation is idle.

(Ord. 1057, § 3 (part), 2023)

(A) Continuance, expansion, and alteration. Subject to the limitations expressed in this chapter and in SMARA, the operator of a legal non-conforming surface mining operation may continue the operation without obtaining an operations permit but the legal non-conforming surface mining operation shall not be expanded or altered.

(B) Reclamation plan. The operator of a legal non-conforming surface mining operation shall not continue the operation without obtaining an approved reclamation plan in accordance with the provisions of §§ 19.13.007 and 19.13.009.

(Ord. 1057, § 3 (part), 2023)

Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records, unless the operator demonstrates to the satisfaction of the Planning Director that the release of the information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The Planning Director shall identify the proprietary information as a separate part of the application and shall make the information available only to the Supervisor of Mine Reclamation (Supervisor) or to persons authorized in writing by the operator and by the owner. However, the Planning Director will comply with any order to release such information issued by a court of competent jurisdiction.

(Ord. 1057, § 3 (part), 2023)

(A) Surface mining operators shall forward an annual surface mining report to the state's Department of Conservation and to the County's Planning Division of the Resource Management Agency on a date established by the state's 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's Department of Conservation within 30 days of permit approval or before commencement of operations, whichever is sooner.

(B) The operator shall forward any applicable fees, together with a copy of the annual inspection report, to the state's Department of Conservation at the time of filing the annual surface mining report.

(Ord. 1057, § 3 (part), 2023)

(A) As a condition of approval of either the use permit, reclamation plan, or interim management plan (IMP) the Planning Commission shall require all surface mining operations to be inspected in intervals of no more than 12 months to evaluate compliance with the approved use permit, reclamation plan, IMP, financial assurances and state regulations.

(1) Annually by July 1, mine operators shall submit to the Planning Division of the Resource Management Agency the documentation requested by said agency to support it conducting the required annual mine inspection pursuant to PRC § 2774(b).

(2) Annually by July 1, mine operators shall submit an operator's report pursuant to PRC § 2207(b). The operator may request an inspection date on its annual operator's report. If the operator fails to request an inspection date, or if the County is unable to cause the inspection of the surface mining operation on the date requested by the operators, the County shall provide the operator with a minimum of five days' written notice of a pending inspection, or within any lesser period agreed to by the operator. New surface mining operations shall submit an initial report prior to commencement of operations.

(3) Annually by July 1, the County shall submit to the Supervisor of the Division of Mine Reclamation for each active or idle surface mining operation within the County's jurisdiction the following information:

(a) A copy of any permit or reclamation plan amendment, as applicable;

(b) A statement that there have been no changes made during the previous year, as applicable;

(c) The date of each surface mining operation's last inspection;

(d) The date of each surface mining operation's last financial assurance review.

(4) A reasonable fee for such inspections shall be set from time to time by ordinance of the Board of Supervisors, and the remittance thereof shall be deemed a condition of either the use permit or the reclamation plan.

(B) Surface mining operation inspections shall be conducted using forms approved by the state's Mining and Geology Board that include the professional licensing and disciplinary information of the person who conducted the inspection. Within 90 days of conducting the inspection, the Planning Director shall provide a copy of the completed surface mining inspection report and any supporting documentation to the mine operator. Also, within 90 days of conducting the inspection, the Planning Director shall provide a notice of completion of inspection to the Supervisor. The notice shall contain a statement regarding the surface mining operation's compliance with SMARA and a copy of the completed inspection form, and shall specify, as applicable, all of the following:

(1) Aspects of the surface mining operation, if any, that were found to be inconsistent with SMARA but were corrected before the submission of the inspection form to the Supervisor.

(2) Aspects of the surface mining operation, if any, that were found to be inconsistent with SMARA but were not corrected before the submission of the inspection form to the Supervisor.

(3) A statement describing the County's intended response to any aspects of the surface mining operation found to be inconsistent with SMARA but were not corrected before the submission of the inspection form to the Supervisor.

(4) A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the County.

(C) (1) All surface mining operation inspections shall be conducted by a qualified County inspector, including contractors and contract employees, or a California state-licensed person as specified in PRC § 2774(b)(1).

(2) Inspectors shall have no financial interest in the surface mining operation being inspected and shall not have been employed by the surface mining operation in any capacity during the previous 12 months, except that a qualified County inspector may inspect surface mining operations conducted by the County.

(3) Inspectors shall keep on file with the County and the Division of Mine Reclamation a current certificate of completion of an inspection workshop pursuant to PRC § 2774(d)(3). An inspector shall attend a workshop no later than five years after the date of his or her most recent certificate. California state licensed persons who only provide an evaluation of a particular aspect or condition of a surface mining operation requiring licensure may, but are not required to, obtain a certificate of completion of an inspection workshop conducted by the Division of Mine Reclamation.

(Ord. 1057, § 3 (part), 2023)

Any person aggrieved by an act or determination of the Planning Director or the Planning Director's staff made under this chapter may appeal the decision to the Planning Commission. Any person aggrieved by an act or determination of the Planning Commission made under this chapter may appeal the decision to the Board of Supervisors. The appeal shall be governed by the requirements of Title 25 of this code.

(Ord. 1057, § 3 (part), 2023)

All surface mining operations shall continually carry a public liability insurance policy in the amount of at least $1,000,000 per person and at least $4,000,000 per incident and property damage in the amount of at least $100,000. The County shall be named as additional insured in the policy and shall be furnished a certificate of insurance. The policy of insurance shall provide for a 30-day notice to the County of cancellation by carrier in the event of cancellation of the policy.

(Ord. 1057, § 3 (part), 2023)

This chapter shall be interpreted to be consistent with all provisions of state and federal law applicable to surface mining operations in the County, whether such exists on the date the ordinance codified in this chapter becomes operative or subsequently thereafter. Within 30 days of amendment of this chapter, or adoption of a new mining ordinance, the County shall provide written notice of the complete text of the resulting mining ordinance to the State Mining and Geology Board (Board), to enable the Board to review the ordinance in accordance with PRC §§ 2774.3, 2774.5(a) and 2774.5(b).

(Ord. 1057, § 3 (part), 2023)

(A) Violations.

(1) If, after conducting the periodic inspection required by § 19.13.019 or otherwise confirmed by an inspection of the mining operation, the Planning Director finds that the surface mining operation is not in compliance with the approved use permit, the approved reclamation plan, any conditions of approval imposed by the County, the provisions of this chapter, or SMARA, the Planning Director may issue a notice of that violation to the operator. The notice of violation shall be sent to the operator by personal service or certified mail. If the violation pertains to the approved reclamation plan, a copy of the notice shall also be sent to the Supervisor, if issued by the County. Any such notice of violation shall include both of the following: (a) A description of the violation. (b) Actions the operator shall take to correct the violation.

(2) If the Planning Director determines that the time to correct the noticed violation will exceed 30 days, the County and the operator may enter into a stipulated order to comply, with notice sent to the Supervisor for violations that pertain to the approved reclamation plan. Such a stipulated order shall include a schedule and time for compliance that the Planning Director has determined is reasonable after taking into account the actions and legal processes required to correct the violation.

(B) Orders to comply.

(1) If, within 30 days of being served with a notice of violation, the operator does not comply with it or commit to enter into a stipulated order, the Planning Director may issue an order to comply. Any such order shall be sent by personal service or certified mail. The County shall, at the time of issuing the order, provide a copy of the notice to the Supervisor if the order involves a violation related to the approved reclamation plan. An order to comply shall specify all of the following: (a) Which aspects of the surface mine's activities or operations are inconsistent with the approved use permit, approved reclamation plan, permit conditions, the provisions of this chapter, or SMARA. (b) The actions and legal processes required to correct the alleged violation. (c) A time for compliance that the Planning Director determines is reasonable, given the seriousness of the alleged violation and any good faith efforts to comply with applicable requirements. If the operator does not have an approved reclamation plan, the order to comply may order the operator to immediately cease all further mining activities.

(2) An order to comply shall take effect 30 days following the service of the order to comply unless within those 30 days the operator appeals the order to comply and requests a hearing before the Planning Commission.

(a) Such appeal shall be noticed and heard at a public hearing within 45 days of the filing of the appeal or a longer period as may be mutually agreed upon by the operator and the Planning Director. At such hearing, the Planning Commission shall hear all relevant testimony from interested persons and, after closing the public hearing, shall affirm, modify or set aside the order to comply issued by the Planning Director.

(b) If the surface mining operation fails to comply with the order affirmed or modified by the Planning Commission, the Planning Commission may revoke or suspend the operator's permit after a public hearing, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(C) Penalties.

(1) For an operator who violates or fails to comply with the order to comply, who fails to submit an annual report, or who fails to pay annual fees, the Planning Director shall impose an administrative penalty of not more than $5,000 per day, assessed from the original date of noncompliance or from the date of the inspection when the violation was identified, at the discretion of the Planning Director.

(a) In determining the amount of the administrative penalty, the Planning Director shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require.

(b) The Planning Director's order setting administrative penalties shall become effective upon issuance of the order, and payment shall be made to the County within 30 days, unless the operator petitions the Board of Supervisors as provided in division (C)(2)(d), below. An order shall be served by personal service or by certified mail upon the operator.

(2) An operator may file a petition with the Board of Supervisors for review of the Planning Director's order imposing an administrative penalty. If no such petition is filed within 30 days of the order, the order is final and is not subject to review by any court of agency.

(a) A petition for review can only be accepted for filing if it is timely and is accompanied by the required petition fee in accordance with the current fee schedule adopted by the Board of Supervisors.

(b) If the petition for review meets the standards set forth in this subsection, the Clerk of the Board shall set the matter for a public hearing before the Board of Supervisors to review the Planning Director's order imposing an administrative penalty. The operator shall be notified by either personal service or certified mail of the time, date, and place for the public hearing at which the Board of Supervisors shall review the Planning Director's order imposing an administrative penalty. In reviewing said order, the record shall consist of the record before the Planning Director and any other relevant evidence which, in the judgement of the Board of Supervisors, should be considered to effectuate and implement the policies of SMARA and this chapter.

(c) The Board of Supervisors may affirm, modify, or set aside, in whole or in part, by its own order, any order of the Planning Director imposing an administrative penalty. Any order of the Board of Supervisors shall be served by personal service or certified mail upon the operator.

(d) The Board of Supervisor's order shall become effective upon its issuance unless the operator files a timely petition for writ of mandate in the superior court. Such a petition shall be timely only if filed within 30 days of the Board's issuance of the order. Payment of any administrative penalty that is specified in the Board of Supervisor's order shall be made to the County within 30 days of service of the order whether or not a petition has been filed; however, the payment shall be held in an interest-bearing impound account pending resolution of a petition for writ of mandate if one has been flied. If no timely petition is filed, the Board of Supervisor’s order shall not be subject to review by any court or agency.

(3) Whether or not administrative penalties have been imposed, the Planning Commission may revoke or suspend the operator's permit following a public hearing. The operator may appeal the decision to revoke or suspend the permit to the Board of Supervisors. Such an appeal shall be noticed and heard at a public hearing within 45 days of the filing of the appeal or a longer period as may be mutually agreed upon by the operator and the Planning Director. At such hearing, the Board of Supervisors shall hear all relevant testimony from interested persons and, after closing the public hearing, shall affirm, modify, or set aside the decision to revoke or suspend the permit made by the Planning Commission.

(4) If the Planning Director determines that a surface mining operation is not in compliance with SMARA such that the surface mining operation presents an imminent and substantial endangerment to the public health or the environment, the Planning Director may seek an order from the Superior Court of the County of San Benito or other court of competent jurisdiction enjoining that operation.

(Ord. 1057, § 3 (part), 2023)

(A) The County encourages the development of surface mining operations in compatible areas before encroachment into areas with conflicting land uses. Areas that have been classified by the state's Department of Conservation's Division of Mines and Geology or designated by the state's Mining and Geology Board, as containing mineral resources, as well as existing surface mining operations remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the County General Plan.

(B) In accordance with PRC § 2762, the County will update the County General Plan and resource maps to reflect mineral information (classification and/or designation reports) within 12 months of receipt of such information from the state's Mining and Geology Board. Land use decisions within the County shall be guided by information provided on the location of identified mineral resources of regional significance. The County shall consider and encourage conservation and potential development of identified mineral resource areas.

(C) The County shall apply "MR" zoning to selected mineral resource areas determined by the Board of Supervisors to require a special level of protection as an additional method of avoiding land use conflicts between mineral extraction and other incompatible uses with the following criteria:

(1) Lands classified and designated as MRZ-2 or SZ by the California Geological Survey and by the State Mining and Geology Board qualify for the "MR" zoning designation and/or;

(2) Evidence of the location, extent, depth, and quality of mineral resources shall be submitted as part of the MR overlay zoning application. The material shall be reviewed by a geologist selected by the County for accuracy. The County shall deny MR overlay zoning requests that do not provide evidence of significant mineral resources on site.

(D) The County shall require a notice explaining the location of important mineral resources to be recorded on any parcel within one-half mile of an MRZ 2 or SZ designation. The County shall require, as a condition of approval for any development project within an area classified or designated as containing mineral resources, that the applicant record on the property title a notice identifying important mineral resources. Prior to approving a use that would otherwise be incompatible with mineral resource protection, the County may impose conditions of approval on encroaching development projects to minimize potential conflicts.

(E) Prior to permitting a use which would threaten the potential to extract minerals in the area, the County shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with PRC § 2762.

(F) The use of voluntary conservation easements is allowed to protect significant resources on mineral lands and contiguous properties.

(Ord. 1057, § 3 (part), 2023)

(A) The construction and operation of a renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, and other improvements to the land that are related ta the generation of energy, shall be considered an interim use for the purposes of this division and shall not require an amendment to an approved reclamation plan if all of the following criteria are met:

(1) The renewable energy generation facility will not adversely affect the completion of reclamation in accordance with the surface mining operation's approved reclamation plan.

(2) The permit conditions of the renewable energy generation facility address and eliminate any potentially adverse impacts on the surface mining operation.

(3) The operating permit for the renewable energy generation facility includes both of the following:

(a) An approved closure and decommissioning plan that will not affect the manner in which reclamation will be achieved pursuant to this chapter.

(b) A separate financial assurance mechanism that the County determines to be sufficient to perform the removal of the renewable energy generation facility.

(4) The closure and decommissioning of the renewable energy generation facility will occur prior to the later of the following:

(a) The expiration of the use permit for the surface mining operation.

(b) The completion of reclamation in accordance with the surface mining operation's approved reclamation plan.

(5) All required permits for the construction and related land improvements have been approved by a public agency in accordance with the applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 [commencing with § 21000]).

(B) (1) Prior to approving an operating permit for a renewable energy generation facility subject to this section, the County shall submit the operating permit application with all the associated maps and plans to the Supervisor for review.

(2) The Supervisor shall have 30 days from the receipt of the application with associated documents to prepare written comments if the Supervisor chooses.

(3) The Supervisor may provide comments relating to whether the renewable energy generation facility meets the criteria set forth in division (A)(1) to (A)(4).

(4) The County shall prepare a written response to the Supervisor's comments and submit its response to the Supervisor at least 30 days prior to the approval of the operating permit for the renewable energy generation facility.

(C) Copies of all approved permits and associated documents shall be submitted to the County and the Supervisor as an addendum to the approved reclamation plan no less than 30 days prior to the commencement of land improvements associated with the renewable energy generation facility.

(D) For purposes of this section, "renewable energy generation facility" means a solar photovoltaic, solar thermal under 50 megawatts, or wind energy generation facility.

(Ord. 1057, § 3 (part), 2023)