Shafter Zoning Code § 8.40 Contents of Applications

Applications for a Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. Said application shall be filed in accord with this Chapter and procedures established by the Planning Director.
As many copies of a Reclamation Plan application as may be required shall be submitted in conjunction with all applications for Surface Mining Operations. The Reclamation Plan application shall include information concerning the mining operation that is required for processing the Reclamation Plan.
Applications shall include all required environmental review forms and information prescribed by the Planning Director.
Upon completion of the environmental review procedure, and filing of all documents required by the Planning Director, consideration of an application for the proposed or existing surface mine shall be completed prior to public hearing before the Planning Commission, pursuant to Section 2774 of the Public Resources Code.

8.50 PROCESSING

Within thirty (30) days of acceptance of an application for surface mining operations and/or a Reclamation Plan as complete, the Planning Department shall notify the Director of the California Department of Conservation of the filing of the application (Public Resources Code, Sec. 2774(e)). Whenever

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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 Department shall also notify the State Department of Transportation that the application has been received (Public Resources Code, Sec. 2770.5).

The Planning Department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.) and the City’s Guidelines implementing CEQA.
Subsequent to the appropriate environmental review, the Planning Department shall prepare a staff report with recommendations for consideration by the Planning Commission.
The Planning Commission shall hold at least one noticed public hearing, in accordance with the provisions of Section 2.140 (Public Hearing and Notification Procedures) of this Title, on the application for the Reclamation Plan.
Prior to final approval of a Reclamation Plan, financial assurances (as provided in this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the Planning Commission shall certify to the Director of the California Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of the State Regulations and submit the plan, assurances, or amendments to the Director of the California Department of Conservation for review (Public Resources Code, Sec. 2774(c)). The Planning Commission may conceptually approve the Reclamation Plan and financial assurance before submittal to the Director of the California Department of Conservation. However, the Planning Commission may defer action on the application until taking final action on the Reclamation Plan and financial assurance. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the Reclamation Plan application with the condition that the Planning Department shall not issue an approval for the mining operation until financial assurances have been reviewed by the Director of the California Department of Conservation and final action has been taken on the Reclamation Plan and financial assurances.

The Director of the California Department of Conservation shall have 45 days to prepare written comments on the Reclamation Plan and financial assurance, if the Director of the California Department of Conservation so chooses (Public Resources Code, Sec. 2774(d)). The Planning Commission shall evaluate written comments received from the Director of the California Department of Conservation during the 45-day comment period. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commission’s approval. In particular, when the Planning Commission’s position is at variance with the recommendations and objections raised in the Director’s of the California Department of Conservation comments, the written response shall address, in detail, why specific

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comments and suggestions were not accepted (Public Resources Code, Sec. 2774(d)). Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant.

The Planning Commission shall then take action to approve, conditionally approve, or deny the Reclamation Plan pursuant to Section 2774 of the Public Resources Code, and to approve the financial assurances pursuant to Section 2770(d) of the Public Resources Code.
The Planning Department shall forward a copy of each approval for mining operations and/or approved Reclamation Plan, and a copy of the financial assurances to the Director of the California Department of Conservation. By July 1 of each year, the Planning Department shall submit to the Director of the California Department of Conservation for each active or idle mining operation a copy of the approval or amendments to the Reclamation Plan, as applicable, or a statement that there have been no changes during the previous year (Public Resources Code, Sec. 2774(e)).
Annual Reports - Surface mining operators shall forward an annual status report to the Director of the California Department of Conservation and the City Planning Department on a date established by the Director of the California Department of Conservation upon forms furnished by the State Mining and Geology Board (Public Resources Code, Section 2207 (a)-(g)).

8.60 PERFORMANCE STANDARDS FOR RECLAMATION PLANS

All new or revised Reclamation Plans shall conform to minimum statewide performance standards required pursuant to Public Resources Code Sec. 2773(b) (14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq.), as adopted by the State Mining and Geology Board, including but not limited to wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management.
The City may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of Citywide performance standards.

8.70 PHASING OF RECLAMATION

Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (Public Resources Code, Sec. 2772(f)) (see also, Interim Management Plans for Idle Mining Operations, hereinbelow). Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the City. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c)

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criteria for measuring completion of specific reclamation activities; and (d) estimated costs as provided under Financial Assurances hereinbelow.

8.80 FINDINGS FOR APPROVAL

For approval of Reclamation Plans, the following findings shall be required:

That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions;
That the Reclamation Plan complies with applicable requirements of the State Regulations (14 Cal. Code of Regulations, Sec. 3500 et seq., and 14 Cal. Code of Regulations, Sections 3700 et seq.);
That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with this Chapter, the City’s General Plan, and any applicable resource plan or element;
That the Reclamation Plan has been reviewed pursuant to the California Environmental Quality Act “CEQA,” Public Resources Code Sections 21000 et seq.) and the City’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;
That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is as compatible with and blends in with the surrounding natural environmental, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values;
That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan; and
That a written response to the Director of the California Department of Conservation has been prepared, describing the disposition of major issues raised by the Director of the California Department of Conservation. Where the City’s position is at variance with the recommendations and objections raised by the Director of the California Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted (Public Resources Code, Sec. 2772(d)).

8.90 FINANCIAL ASSURANCES FOR RECLAMATION PLANS

In order to ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the City shall require, as a condition of approval, security which will be released upon satisfactory performance. The applicant may post security in an acceptable form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, trust funds or other method acceptable to the City and the Mining and Geology Board (the “Board” as specified in statewide regulations adopted by the Board, and which

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the City 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 City and the Department of Conservation (Public Resources Code, Sec. 2773.1(a)(4)).

Financial assurances will be required to ensure compliance with elements of the Reclamation Plan including but not limited to revegetation and landscaping requirements; restoration or aquatic or wildlife habitat; restoration of water bodies and water quality; slope stability and erosion and drainage control; disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the Plan shall be monitored by the Planning Department.
The amount of the financial assurances shall be based upon the estimated costs of reclamation for the years or phases stipulated in pursuant to the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year, as provided in paragraph (6) hereinbelow. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be 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 ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.
In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the City or State may need to contract with a third party commercial company for reclamation of the site.
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 (Public Resources Code, Sec. 2772.1(a)(2)).
The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan (Public Resources Code, Sec. 2773.1(a)(3)). The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the

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upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities 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.