§ 22.36

A.

This Chapter provides regulations for surface mining and related mineral extraction operations, to provide for the reclamation of mined lands, prevent or minimize adverse environmental effects and safety hazards, and provide for the protection and subsequent beneficial use of mined and reclaimed lands. Because surface mining occurs in areas diverse in environmental and social conditions, reclamation operations and specifications may vary accordingly.

B.

These standards are adopted as required by the California Surface Mining and Reclamation Act of 1975 (SMARA) (Section 2207 and 2710 et seq. of the Public Resources Code and Chapter 8, Title 14, California Code of Regulations, Section 3500 et seq.).

C.

Surface mining operations include the processes of removing overburden and mining directly from 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. In addition, surface mining operations include, but are not limited to: Inplace distillation, retorting or leaching; the production and disposal of mining waste; prospecting and exploratory activities; borrow pitting, streambed skimming, segregation, recovery, and stockpiling of mined materials; and extractions of natural materials for building, construction.

[22.08.180 and 180a] 22.36.020 - Applicability.

A.

Permit and reclamation plan required. No person shall conduct surface mining operations unless a permit, financial assurances, and reclamation plan have first been approved by the County for such operations, except as otherwise provided by this Chapter.

B.

Exceptions. The provisions this Chapter are not applicable to:

1.

Excavations or grading conducted for farming or on-site construction, or to restore land following a flood or natural disaster when the excavation is conducted only on the land directly affected by disaster.

2.

Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one site of one acre or less, provided:

a.

A grading permit is required for such exploration in compliance with Chapter 22.52 (Grading); and

b.

Each such site is restored to a natural appearing or otherwise usable condition to the approval of the Director upon completion of exploration.

3.

Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden, or cover more than one acre in any one site. (This does not exempt the owner from obtaining a Grading Permit if required by 22.52 (Grading)).

4.

The solar evaporation of sea water or bay water for the production of salt and related minerals.

5.

Other mining operations categorically identified by the State Board in compliance with Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975.

C.

Conflicting provisions. Where any conflicts arise as to materials, methods, requirements, and interpretation of different sections between this Chapter, and Chapter 22.52 (Grading), the most restrictive shall govern.

[Amended 1992, Ord. 2553; 1994, Ord. 2696] [22.08.180b, c, d]

The state guidelines for surface mining and reclamation practices contained in the Surface Mining and Reclamation Act of 1975 (SMARA) Section 2207 and 2710 et seq. of the Public Resources Code and Chapter 8, Title 14, California Code of Regulations, Section 3500 et seq. are incorporated into this Chapter as though they were set fully forth here, excepting that when the provisions of this Chapter are more restrictive than conflicting state sections, this Chapter shall prevail, and are the minimum acceptable practices to be followed in surface mining operations.

[Amended 1994, Ord. 2696] [22.08.181]

22.36.040 - Permit Requirements for Surface Mining.

A.

New surface mining operations. Conditional Use Permit approval shall be obtained before starting any surface mining operations as defined in this Chapter, except as provided in Subsection B. New mines shall be limited to a maximum of one operator per site, and such operator shall take full responsibility for reclamation per Section 22.36.060.

B.

Existing surface mining operations. A person who has obtained a vested right to conduct a surface mining operation before January 1, 1976, need not secure a permit as required by Subsection a, as long as the vested right continues and there are no substantial changes. All operations are required to have an approved Reclamation Plan and Financial Assurances per Sections 22.36.050 and 22.36.060. Provided, however, that Conditional Use Permit approval is also required if an existing mine is changed by increasing the on-site processing capabilities of the operation or by changing the method of mining (i.e. from mechanical to hydraulic technology), or the mine is expanded beyond the external boundaries of the original surface mining site.

C.

New operations on a reclaimed site. The resumption of surface mining operations on a site where reclamation was previously completed shall only occur in compliance with the approval of a new Conditional Use Permit and Reclamation Plan.

D.

Vested right defined. For the purposes of surface mining operations only, a person is deemed to have a vested right if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if a permit or other authorization was required, diligently commenced surface mining operations and incurred substantial costs for work and materials necessary therefor. Expenses incurred in obtaining an amendment to the Land Use Element, or the issuance of a permit to establish or expand a mine, are not deemed costs for work or materials.

E.

Surface mining permit review procedure. The Department of Planning and Building will review the permit application and the reclamation plan for accuracy and completeness, and coordinate review of the application and plan with the State Department of Conservation and other agencies. A public hearing will be scheduled after the filing of both the permit application and the reclamation plan. The hearing will be held in compliance with Section 22.70.060. The purpose of the hearing will be to consider the applicant's request and to approve, conditionally approve or disapprove the issuance of a permit and reclamation plan for the proposed surface mining operation. Approval or conditional approval may be granted only upon making the findings that the application and reclamation plan or amendments to reclamation plan and reports submitted:

1.

Adequately describe the proposed operation in sufficient detail and comply with applicable state mandated requirements of SMARA;

2.

Incorporate adequate measures to mitigate the probable significant adverse environmental effects and operational visual effects of the proposed operation;

Incorporate adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas;

4.

Show proposed uses which are consistent with the County General Plan; and

5.

Demonstrate that the uses proposed are not likely to cause public health or safety problems.

In addition, when any significant environmental impact has been identified, the findings mandated by the Public Resources Code shall be made.

[Amended 1992, Ord. 2553; 1992, Ord. 2583; 1994, Ord. 2696] [22.08.182]

22.36.050 - Reclamation Plan.

A.

When required.

1.

Proposed surface mining operations. Approval of a reclamation plan shall be obtained before starting any proposed surface mining operation for which a permit is required by Section 22.36.040.

2.

Active surface mining operations.

a.

No later than July 5, 1980, any person who is presently conducting surface mining operations under a vested right obtained before January 1, 1976, shall file with the Department of Planning and Building a reclamation plan for all operations conducted and planned after January 1, 1976. Provided, however, that a reclamation plan need not be filed if:

(1)

A reclamation plan was approved by the County before January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in compliance with that plan; or

(2)

The owner/operator files a letter with the Department of Planning and Building stating that the mine is being temporarily deactivated, and agreeing to file a reclamation plan as set forth in Subsection A.3 before resuming operations; or

(3)

Surface mining operations were completed before January 1, 1976.

b.

In the case of surface mining operations physically conducted and operated by San Luis Obispo County agencies in support of county projects, the County agency shall file the required reclamation plan , which shall be reviewed as described below in Subsection A.3.b, A.3.c, and A.3.d, subject to the other provisions of this Chapter.

3.

Temporarily deactivated surface mining operations.

a.

Within 90 days of a surface mining operation becoming idle, the operator shall submit an interim management plan to the department. "Idle" is defined as curtailing for a period of one year or more surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. The interim management plan shall be processed as an amendment to the Reclamation Plan, but shall not be considered a project for the purposes of environmental review. The plan shall provide measures which the operator will implement to maintain the site in compliance with this ordinance, SMARA, and all conditions of the Conditional Use Permit and/or Reclamation Plan.

b.

Within 60 days of receipt of the interim management plan, or a longer period mutually agreed upon by the Department of Planning and Building and the operator, the plan shall be reviewed by the department. During this time period, the plan will either be approved by the Review Authority or the operator shall be notified in writing of any deficiencies in the plan or additional information needed to review the submittal. The operator shall have 30 days, or a longer period if mutually agreed upon, to submit the revised plan or additional information. The Review Authority shall approve or deny the revised interim management plan within 60 days of receipt of a plan that has been determined to be complete by the department. If the plan is denied by the Review Authority, it may be appealed as described in 22.70.050.

c.

The interim management plan may remain in effect for a period not to exceed five years, at which time the operator may apply to renew the plan for one more period not to exceed five years. The renewal shall be processed as an amendment to the Reclamation Plan and, prior to approval, the Review Authority must find that the operator has complied with the previously approved plan. The Review Authority may then either approve the renewal or require the operator to commence reclamation in compliance with its approved Reclamation Plan. In any event, the required financial assurances, sufficient to reclaim a mine in accordance with the Reclamation Plan, shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after expiration of its interim management plan, reclamation shall commence in compliance with its approved Reclamation Plan.

d.

The owner/operator of a surface mining operation for which a vested right was obtained before January 1, 1976, and which is temporarily deactivated on the effective date of this Title shall, prior to reactivation, receive approval of a Reclamation Plan for operations to be conducted after January 1, 1976. Failure to receive approval of a reclamation plan before reactivating a temporarily deactivated operation shall create a presumption of termination of the vested right and surface mining operations shall be prohibited unless a new Surface Mining Permit is approved.

B.

Reclamation plan filing and content. The filing and content of all reclamation plans shall be in compliance with the provisions of this Chapter and as further provided in Section 2770 et seq. of the Public Resources Code. All applications for a reclamation plan shall be made on forms provided by the County Department, and as called for by the Public Resources Code. The plan shall be prepared by a registered civil engineer, licensed landscape architect, state-registered geologist or forester, or other qualified professional approved by the Director.

1.

Reclamation standards. The proposed plan shall include detailed and verifiable provisions adequate to determine compliance with the minimum SMARA performance standards for reclamation as described in Section 3500 et seq. of the California Code of Regulations. The plan shall include provisions for, but shall not be limited to, the following:

a.

wildlife habitat;

b.

backfilling, regrading, slope stability, and recontouring;

c.

revegetation;

d.

drainage, diversion structures, waterways, and erosion control;

e.

agricultural land reclamation;

f.

building, structure, and equipment removal;

g.

stream protection, including surface and groundwater;

h.

topsoil salvage, maintenance, and redistribution;

i.

tailing and mine waste management.

2.

Phasing of reclamation. Proposed plans shall include a reclamation phasing schedule where appropriate, which is consistent with the phasing of the mining operation. Reclamation shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation measures may also be required for areas that have been disturbed and will be disturbed again in future operations. The phasing schedule shall include the following minimum components:

a.

the beginning and expected ending dates for each phase;

b.

a clear description of all reclamation activities;

c.

criteria for measuring completion of each specific activity; and

d.

estimated costs for each phase of reclamation as described in Section 22.36.060.

3.

Visual resources. The reclamation plan shall, to the extent feasible, provide for the protection and reclamation of the visual resources of the area affected by the mining operation. Measures may include, but not be limited to, resoiling, recontouring of the land to be compatible with the surrounding natural topography, and revegetation and the end use or uses specified by the landowner. Where the mining operation requires the leveling, cutting, removal, or other alteration of ridgelines on slopes of twenty percent or more, the reclamation plan shall ensure that such mined areas are found compatible with the surrounding natural topography and other resources of the site.

C.

Notification of Department of Conservation (State). The State will be notified within 30 days of the filing of all permit applications and reclamation plans. The State shall have 45 days to prepare written comments prior to any final action taken by the Review Authority. Any comments provided will be evaluated and a written response describing the disposition of the major issues will be included in the staff report. When the Review Authority's position is different from the recommendations and/or objections raised in the state's

comments, the staff report shall describe in detail why specific comments and suggestions were not accepted.

D.

Reclamation plan review procedure. The Department of Planning and Building will review the reclamation plan for accuracy and completeness, and coordinate review of the plan by other agencies. It will be processed following the procedure as described in Section 22.02.050 (Minor Use Permit), including the environmental review process and a subsequent public hearing. A reclamation plan will be accepted for review only when the Director has determined that the surface mining operation was established in compliance with legal requirements applicable at the time of its establishment. Such determination shall be based upon information submitted by the applicant, relevant county records, or a Certification of Vested Right previously issued by the County. Approval or conditional approval of a reclamation plan may be granted only upon making the finding that the reclamation plan or amendments thereto:

1.

Adequately describes the proposed operation in sufficient detail and complies with applicable requirements of SMARA;

2.

Incorporates adequate measures to mitigate the probable significant adverse environmental effects of the proposed operation;

3.

Incorporates adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas, and to a use consistent with the General Plan. Where a significant environmental impact has been identified, all findings mandated by the Public Resources Code shall be made.

E.

Amendments. Amendments to an approved reclamation plan can be submitted to the County at any time, detailing proposed changes from the original plan. Such amendments shall be filed with, and approved by the County using the same procedure required for approval of a reclamation plan by Subsection d.

[Amended 1994, Ord. 2696] [22.08.183]

Appropriate security or guarantees shall be provided by the applicant to ensure proper implementation of the reclamation plan as required by the Public Resources Code, as a condition of issuance of a permit and/or approval of a reclamation plan. The guarantee may be in the form of a surety bond, trust fund, irrevocable letter of credit, or other financial assurance mechanisms acceptable and payable to the County and the State Department of Conservation (beneficiaries must be stated as "County of San Luis Obispo or Department of Conservation") and consistent with the procedure described in Section 22.62.040. The amount of financial assurances shall be determined and processed as follows.

A.

The applicant shall provide estimated total costs of reclamation and maintenance for each year or phase as approved in the Reclamation Plan. Cost estimates shall be prepared by a licensed civil engineer, licensed landscape architect, state-registered forester, mining operator, or other qualified professionals retained by the operator and approved by the Director. In estimating the costs, it shall be assumed without prejudice or insinuation that the operation could be abandoned by the operator and, consequently, the County or state may need to contract with a third party to complete reclamation of the site. Cost estimates shall include, but not be limited to, labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a third party.

B.

Two copies of the cost estimates, including documentation of the calculations, shall be submitted to the Director for concurrent review by the County and the state. One copy will be transmitted to the State Department of Conservation for their review. The state shall have 45 days to prepare written comments regarding consistency with statutory requirements prior to any final action taken by the County. When the Director's position is different from the recommendations and/or objections raised in the state's comments, the County will prepare a written response describing in detail why specific comments and suggestions were not accepted. Upon notification of approval of the financial assurances, the applicant will have 30 days to return a completed performance agreement and valid financial assurance mechanism to the Director.

C.

The amount of the financial assurance will be reviewed as part of the annual review of the operation by the County to determine if any changes are necessary. Where reclamation is phased in annual increments, the amount shall be adjusted annually to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operations by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in compliance with the approved Reclamation Plan. Financial assurances for each year shall be reviewed upon successful completion of reclamation (including maintenance) of all areas that will not be subject to further disturbance and adjusted as necessary to provide adequate assurances for the following year. Prior to county approval, any amendments or changes to an existing financial assurance will be submitted to the state for its review.

D.

If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the lead agency until new financial assurances are secured from the new owner and have been approved by the lead agency. Financial assurances shall no longer be required of a surface mining operation, and shall be released, upon written notification by the lead agency, which shall be forwarded to the operator and the state, that reclamation has been completed in compliance with the approved reclamation plan.

[Amended 1994, Ord. 2696] [22.08.184]

Reclamation plans, reports, applications, and other documents submitted in compliance with this Chapter are public records unless the applicant states in writing that such information, or part thereof, would reveal production, reserves, or rates of depletion which are entitled to protection as proprietary information. The County shall identify and file such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner. (See Public Resources Code Section 2778). [22.08.185]

An annual inspection shall be conducted by the County for all active surface mining operations within six months of receipt of the operator's annual report filed with the State Department of Conservation and upon payment of the inspection fee to the County. The purpose of the inspection shall evaluate continuing compliance with the permit and reclamation plan. A fee for such inspections is established by the County fee resolution. All inspections will be conducted using a form provided by the State Mining and Geology Board. An inspector shall not be used who has been employed by the mining operation in any capacity during the previous 12 months. The County will notify the operator and the state within 30 days of completion of the inspection and forward copies of the inspection form and any supporting documentation. Any surface mine subject to this inspection requirement for which the inspection fee remains unpaid 30 days or more from the time it becomes due constitutes grounds for revocation of such permit or plan. Surface mining operations which are determined to be in violation by the County or the state may be subject to administrative penalties not to exceed five thousand dollars ($5,000) per day, assessed from the original date of noncompliance, in compliance with Section 2774 of the Public Resources Code and as described in Chapter 22.74.

[Amended 1994, Ord. 2696] [22.08.186]

Any surface mining operation existing after January 1, 1976, which is not conducted in compliance with the provisions of the chapter, constitutes a nuisance and shall be abated in compliance with Chapter 22.74 (Enforcement). Any surface mining operation for which a vested right exists, but which is deactivated as of the effective date of this Ordinance constitutes a nuisance to be abated if surface mining operations are again started without compliance with the applicable provisions of this Chapter. [22.08.187]

The mining and extraction of subterranean mineral deposits by means of a shaft or tunnel is subject to the following standards.

A.

Permit requirements. Conditional Use Permit approval is required:

To authorize the commercial production of ore; or

2.

When the total volume of tailings produced exceeds 1,000 cubic yards; or

3.

When any on-site processing of ore is proposed.

No land use permit is required for prospecting and exploration activities where the volume of tailings produced is less than 1,000 cubic yards, except when a grading permit is required by Chapter 22.52 (Grading), or any authorizations are required by the State Division of Mines and Geology, the Federal Mine Safety Administration, and/or California Regional Water Quality Control Board.

B.

Surface operations. All surface operations in conjunction with an underground mine are subject to the standards for surface mining operations (Sections 22.36.010 through 22.36.090).

[Amended 1992, Ord. 2553] [22.08.192]

In any case where a proposed resource extraction operation (including extraction wells, surface and subsurface mining) will use county roads for the conveyance of extraction equipment or extracted products, and when in the opinion of the County Public Works Department, the resource extraction operation would impact the County road to a degree that would likely cause the expenditure of additional maintenance funds, the applicant shall enter into an agreement with the County as provided by this Section prior to the commencement of any resource extraction operations. When an agreement is required, the applicant shall execute such an agreement with the County Public Works Department to deposit into the County road fund a sum to be determined by the County Public Works Department based upon the volume of resource being hauled over county roads as compensation for the increase in road use and road maintenance requirements generated by the project.

[Added 1981, Ord. 2063; Amended 1992, Ord. 2553] [22.08.192]

Chapter 22.40 - CANNABIS ACTIVITIES