Shafter Zoning Code § 8.20 Incorporation of Smara and State

The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Sections 2710 et seq.), Public Resources Code Section 2207, and the California Code of Regulations implementing the Act (14 Cal. Code of Regulations, Sections 3500 et seq.), and 14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq., “Reclamation Standards”), hereinafter also referred to as the “state Regulations,” as those provisions 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 conflicting State provisions, this Chapter shall prevail.

8.30 APPLICABILITY

Reclamation Plan

Unless exempted by the provisions of this Chapter, any person who proposes to engage in surface mining, or who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this Section, first file and obtain approval from the City a Reclamation Plan in accordance with the provisions set forth in this Chapter, as further provided in Sections 2772 et seq. of the Public Resources

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Code, 14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq.; and financial assurances for reclamation.

Requirements for Reclamation Plans

A Reclamation Plan shall be required for all surface mining operations in all zone districts in which surface mining is allowed, as well as for those portions of existing surface mining operations which claim to have vested rights pursuant to Public Resources Code Section 2776, unless otherwise exempted from the requirements of SMARA or as set forth herein. Public Resources Code, Sec. 2770 et seq.

Exemptions

This Chapter shall not apply to the following activities:

a. Excavations or grading conducted for farming, on-site construction, or for the purpose of restoring land following a flood or natural disaster. (Public Resources Code, Sec. 2714(a))
b. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less (Public Resources Code, Sec. 2714(b))
c. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (SMARA, Sec. 2714(c)).
d. Such other surface mining operations which the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances. (Public Resources Code, Sec. 2714(d)).
e. Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies. (Public Resources Code, Sec. 2714(1)).
f. Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Reclamation Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards

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specified in regulations of the Board adopted pursuant to this Chapter. (Public Resources Code, Sec. 2714(g)(1)).

Nothing in this Section shall require the Department of Water Resources or the Reclamation Board to obtain a permit or secure approval of a reclamation plan from the City in order to conduct surface mining operations specified in paragraph (1) herein above. Nothing in this Section shall preclude the bringing of an enforcement action pursuant to Section 2774.1 if it is determined that a surface mine operator acting under contract with the Department of Water Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with Public Resources Code Sections 2710 et seq. (Public Resources Code, Sec. 2714(9)(2)).

An exemption under this Chapter does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the City, including, but not limited to, to application of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.), the requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.