Solano County Municipal Code Art. II Plans and Operations

29-20 Permit and reclamation plan requirements and vested rights

(a) Any person, except as provided in Section 29-13 of this code and Section 2776 of SMARA, who proposes to engage in surface mining operations, or to make any changes which are determined to be substantial by the zoning administrator in an existing operation in which such existing operation the person has a vested right shall, prior to the commencement of operations, obtain: (1) a use permit from the planning commission, pursuant to Section 28-106; and (2) approval by the planning commission of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in SMARA.

(b) Any person who obtained, prior to January 1, 1976, and continues to hold a vested right to conduct surface mining operations shall obtain the approval of the planning commission of a reclamation plan for operations conducted after January 1, 1976, but such person shall not be required to obtain a use permit for such operations except in accordance with the provisions of this chapter. The reclamation plan shall provide for the reclamation of portions of the site mined after January 1, 1976. A reclamation plan prepared pursuant to this chapter need not be prepared, filed or approved for reclamation of lands mined prior to, but not later than, January 1, 1976.

(c) The commencement of any surface mining operation after a period of nonoperation shall not require the obtaining of a use permit if: (1) the operator has either (A) a vested right in said operation, or (B) a previously obtained use permit as required by this chapter when such use permit expressly prescribes periodic nonoperation; and (2) no substantial changes in the operation are made. Periodic nonoperation after January 1, 1976, of a surface operation in which the operator has a vested right shall not by itself cause the lapse of such vested right so long as the nonoperation: (1) is consistent with the historic periodicity of such operation; and (2) does not extend substantially longer than previous periods of nonoperation.

(d) Establishment and determination of vested rights shall comply with the following conditions:

(1) An applicant for a vested right will need to demonstrate that prior to January 1, 1976, they, in good faith, relied upon a permit or other legal 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.

(2) A complete “statement of vested rights” form shall be provided by the county. A claim of vested right shall not be recognized if submission of statement of vested right and affidavit is not made. An affidavit or declaration certifying that the information furnished is true and accurate.

(3) In addition to the information required by the application form/statement of vested right, the application shall include the following:

(A) An aerial photograph of the site taken prior to January 1, 1976, if available, showing the area for which a vested rights determination is requested;

(B) A site map showing the boundary line and acreage of the area for which vested rights are claimed;

(D) Other documentation to establish that the surface mining operations were diligently commenced and substantial liabilities for work and materials necessary therefor were incurred prior to January 1, 1976.

(4) Following the receipt of a statement of vested rights and the appropriate filing fee, the department of resource management shall make a preliminary determination on each separate parcel of property of the existence and extent of the vested right. If the department of resource management finds insufficient information is available to make a determination of the existence or extent of each claim for vested rights, the department of resource management may return the statement to the applicant for additional information or clarification and/or the department shall schedule a duly noticed public hearing before the Solano County planning commission for the vested right determination. The burden of proving the existence and extent of each claimed vested right is on the applicant. Notice of the determination shall be provided in accordance with Section 28.04 and shall be scheduled before the Solano County planning commission, which shall hold a public hearing on the determination pursuant to Section 28.106. The public hearing shall be noticed pursuant to Section 28.106. The burden of proof is on the applicant. The decision of the planning commission shall be final, unless appealed by any aggrieved person in writing along with the appropriate fee to the board of supervisors within ten (10) calendar days of the date the planning commission decision is rendered. Any such appeal shall set forth with specificity the grounds both legal and factual upon which the appeal is based.

(5) Board of Supervisors. The board of supervisors shall hold a noticed public hearing on the appeal in accordance with Section 28.112. The decision of the board of supervisors shall be final.

(6) Should a vested right be granted by the county, the person shall obtain county approval of a reclamation plan covering the mined lands disturbed subsequent to January 1, 1976. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre-SMARA and post-SMARA mining, the reclamation shall require reclamation proportional to the disturbance caused by the mining of January 1, 1976 (i.e., effective date of SMARA).

(7) Other Requirements Applicable to Vested Mining Operations. All other requirements of state law and this chapter shall apply to vested mining operations, including compliance with the California Environmental Quality Act (CEQA).

(8) Those operations that are not eligible for a vested right shall be subject to both a conditional use permit and marsh development permit where applicable within the county, as well as consistency with all applicable zoning regulations.

(Ord. No. 1839, §3)

29-21 Financial assurances

(a) Any person who is operating or intends to conduct a surface mining operation, whether that person has existing vested rights or not, shall submit for approval a financial assurances cost estimate for review by the county. This cost estimate must be submitted and approved prior to any new operation being initiated pursuant to Public Resources Code Section 2773.4(a). Any existing operation must submit financial assurances pursuant to provisions of Public Resources Code Section 2773.1.

(b) A financial assurance mechanism may take the form of surety bonds executed by an admitted surety insurer, as defined in Section 995.120(a) of the Code of Civil Procedure, irrevocable letters of credit, trust funds, or other forms of financial assurance mechanisms specified by the State Board pursuant to subsection (e) of this section that the county of Solano reasonably determines are adequate to perform reclamation in accordance with the surface mining operation’s approved reclamation plan.

(c) Financial assurance shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.

(d) The amount of the financial assurance cost estimate required of a surface mining operation for any one (1) year shall be reviewed pursuant to Public Resources Code Section 2773.4(d) and, if necessary, adjusted once each calendar year to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial cost estimate identifies a need to increase the amount of the financial assurance mechanism.

(e) Financial assurance cost estimates shall be submitted to the county for review on the FACE-1 form developed by the Department of Conservation and approved by the SMGB pursuant to 14 CCR Section 3805.1.

(f) Each financial assurance mechanism shall be made payable to the county and the Department of Conservation. A financial assurance mechanism shall not be released without the consent of the county and the Department of Conservation. A financial assurance mechanism that was approved by the county prior to January 1, 1993, and was made payable to the State Geologist shall be considered payable to the Department of Conservation for purposes of this chapter. However, if a surface mining operation has received approval of its financial assurance cost estimate from a public agency other than the county, the county shall deem those financial cost estimates adequate for the purposes of this section, or shall credit them toward fulfillment of the financial cost estimate required by this section, if they are made payable to the public agency, the county, and the Department of Conservation and otherwise meet the requirements of this section. In any event, if the county and one (1) more public agencies exercise jurisdiction over a surface mining operation, the total amount of financial assurances required by the county and the public agencies for any one (1) year shall not exceed that amount that is necessary to perform reclamation of lands remaining disturbed. For purposes of this subsection, “a public agency” may include a federal agency.

(g) If the county has evidence that an operator may be financially incapable of completing reclamation in accordance with its approved reclamation plan or that an operator may have abandoned the surface mining operation without completing reclamation, the county shall conduct a public hearing to determine whether the operator is financially capable of completing reclamation in accordance with the approved reclamation plan or has abandoned the surface mining operation. The hearing shall be noticed to the operator and the Department of Conservation at least thirty (30) days prior to the hearing.

(h) If the county, following the public hearing conducted pursuant to subsection (g) of this section, determines that the operator is financially incapable of performing reclamation in accordance with its approved reclamation plan or has abandoned its surface mining operation without completing reclamation, either the county or the Department of Conservation shall do all of the following:

(1) Notify the operator by personal service or certified mail that the county or the Department of Conservation intends to take appropriate action to forfeit the financial assurances and specify the reason for doing so.

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

(3) Use the proceeds from the forfeited financial assurance mechanism 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 assurance mechanisms are inadequate to reclaim in accordance with its approved reclamation plan, the county or the Department of Conservation may use forfeited financial assurance mechanisms to reclaim or remediate mining disturbances as appropriate for the site conditions as determined by both the county and the Department of Conservation. The financial assurance mechanisms shall not be used for any other purpose. The operator is responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan or a remediation plan developed pursuant to this section as determined appropriate by both the county and the Department of Conservation that are in excess of the proceeds from the forfeited financial assurance mechanisms.

(i) Financial assurances shall no longer be required of a surface mining operation, and shall be released, upon the written concurrence of the county and the Department of Conservation, which shall be forwarded to the operator and the institutions providing or holding the financial assurance mechanism, that reclamation has been completed in accordance with the approved reclamation plan.

(j) If a surface mining operation is sold or ownership is transferred to another person, the existing financial assurance mechanisms shall remain in force and shall not be released by the county and the Department of Conservation until new financial assurance mechanisms are secured from the new owner and have been approved by the county. Within ninety (90) days of the sale or transfer of a surface mining operation, the new operator shall submit an appropriate financial assurance mechanism, which may be the existing mechanism if the existing mechanism is payable in the event of the new operator’s financial incapability or abandonment of the surface mining operation, that is subject to review by the county and the Department of Conservation. Within fifteen (15) days of the sale or transfer of a surface mining operation, the new operator shall sign a new statement of reclamation responsibility.

(k) The county shall have primary responsibility to seek forfeiture of the financial assurance mechanisms and reclaim the mine sites pursuant to this section. However, the Department of Conservation may act to seek forfeiture of the financial assurance mechanisms and reclaim the mine sites pursuant to subsection (f) of this section only if both of the following occur:

(1) The financial incapability of the operator or the abandonment of the surface mining operation has come to the attention of the Department of Conservation.

(2) The county has been notified in writing by the Department of Conservation of the financial incapability of the operator or the abandonment of the surface mining operation for at least fifteen (15) days, the county has not taken appropriate measures to seek forfeiture of the financial assurance mechanisms and reclaim the mine site, and one (1) of the following has occurred:

(A) The county has been notified in writing by the Department of Conservation that failure to take appropriate measures to seek forfeiture of the financial assurance mechanisms or to reclaim the mine site shall result in the Department of Conservation taking action to exercise the county’s powers under SMARA to seek forfeiture of the financial assurances.

(B) The Department of Conservation determines that there is a violation that amounts to an imminent and substantial endangerment to the public health, safety, or to the environment.

(C) The county notifies the Department of Conservation in writing that its good faith attempts to seek forfeiture of the financial assurance mechanisms have not been successful.

(l) Review and approval of financial assurances shall be conducted in accordance with the following procedures:

(1) Prior to approving the financial assurance cost estimate for 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 Department of Conservation for review.

(2) The County of Solano shall provide the Department of Conservation with a determination that the financial assurance cost estimate submitted is adequate, complete, and consistent with SMARA and State Board regulations.

(3) All documents submitted to the Department of Conservation pursuant to this section shall be submitted at one (1) time.

(m) The Department of Conservation shall have forty-five (45) days from the date of receipt of a complete financial assurance cost estimate to prepare written comments if the Department of Conservation chooses. The county shall evaluate written comments received from the Department of Conservation relating to the financial assurance cost estimate within a reasonable amount of time. The county shall prepare a written response to the Department of Conservation’s comments describing the disposition of the major issues raised by the Department of Conservation’s comments. The county shall submit its proposed response to the Department of Conservation at least thirty (30) days prior to approval of the financial assurance cost estimate. The county’s response shall include either of the following:

(1) A description of how the county proposes to adopt the Department of Conservation’s comments to the financial assurance cost estimate.

(2) A detailed description of the reasons why the county proposes to not adopt the Department of Conservation’s comments.

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

(n) Within thirty (30) days of an annual inspection being conducted pursuant to Section 29-31, an operator shall provide an annual financial assurance cost estimate to the county for review. Within sixty (60) days of receiving an operator’s financial assurance cost estimate, the county shall do one (1) of the following:

(1) Deny the financial assurance cost estimate and provide the operator with a description of the inadequacies of the financial assurance cost estimate. The county shall further specify the reasons for denial and the operator shall make corrections and resubmit to the county the corrected financial assurance cost estimate review.

(2) Submit the financial assurance cost estimate to the Department of Conservation for review. The county shall provide the Department of Conservation with a determination that the annual financial assurance cost estimate submitted is adequate, complete, and consistent with SMARA and State Board regulations. All documents shall be submitted at one (1) time.

(o) Following the forty-five (45) day comment period by the Department of Conservation, if no comments are received by the county or if concurrence of the county’s concurrence of determination of adequacy is received from the Department of Conservation, the county shall provide written notice to the Department of Conservation that the county intends to approve the financial assurance cost estimate within thirty (30) days and a copy of the final financial assurance cost estimate shall be submitted to the Department of Conservation.

(p) Within thirty (30) days of the county’s approval of the financial assurance cost estimate pursuant to this chapter, the operator shall provide both the county and the Department with an appropriate financial assurance mechanism.

(q) Within fifteen (15) days of receiving a financial assurance mechanism, the county and the Department of Conservation shall concurrently review the financial assurance mechanism to determine if the type of mechanism, including the release instructions, meets the requirements of SMARA. Financial assurance mechanisms determined to be noncompliant with the provisions of SMARA shall be returned to the operator with instructions on how to correct the type or release instructions of the financial assurance mechanism.

(r) The review and approval of financial assurances pursuant to this chapter shall not be considered a project for the purposes of the CEQA.

(Ord. No. 1839, §3)

29-22 Review procedures for reclamation plan and financial assurances

(a) All applications for approval of either a land use permit, reclamation plan or financial assurances for surface mining or land reclamation projects shall be made on forms provided by the Solano County department of resource management. The forms for reclamation plan applications shall require, at minimum, each of the elements required by SMARA and State Board regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the director of resource management. As many copies of the site approval/reclamation plan application as may be required by the director shall be submitted to the department of resource management. Applications shall include all required environmental review forms and information prescribed by the director. Said application shall be accompanied by a filing fee as determined by the Solano County board of supervisors, which may be adjusted periodically to sufficiently cover the reasonable cost of the application.

(b) Within thirty (30) days of acceptance of an application for a land use permit for surface mining operations and/or a reclamation plan as complete, the department of resource management shall notify the Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred (100) year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency (FEMA), and within one (1) mile of any state highway bridge, the department of resource management shall also notify the State Department of Transportation (Caltrans) that the application has been received.

(c) The department of resource management shall prepare an environmental review for any surface mining permit and/or reclamation plan application pursuant to CEQA and the county’s environmental review guidelines.

(d) Subsequent to the appropriate environmental review, the department of resource management shall prepare a staff analysis with recommendations for consideration by the planning commission.

(e) The Solano County planning commission shall hold a noticed public hearing on the surface mining permit and/or reclamation plan consistent with the public notice requirements specified in Section 28.04 (zoning regulations). Upon completion of the environmental review procedure and filing of all documents required by the director of the department of resource management, consideration of the surface mining permit and/or reclamation plan for the proposed or existing surface mine shall be completed at the public hearing before the planning commission shall take action at the hearing to approve, conditionally approve, or deny the surface mining permit and/or reclamation plan, and to approve the financial assurances pursuant to Section 29-21.

(f) Prior to approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the department of resource management shall certify to the Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurances, or amendments to the Department of Conservation for review. The planning commission may defer action on the land use permit until taking action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the land use permit with the condition that the department of resource management shall not issue the land use permit for the mining operations until cost estimates for financial assurances have been reviewed by the Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

(g) Reclamation plans and reclamation plan amendments shall be reviewed and approved by the county consistent with Public Resources Code Section 2772.1. The Department of Conservation shall have thirty (30) days to notify the county if the submission is incomplete. The county shall review and evaluate written comments received from the Department of Conservation relating to the reclamation plan or plan amendment within a reasonable amount of time. The county shall prepare a written response to the Department of Conservation’s comments received describing the disposition of the major issues raised by the comments. The county shall submit its proposed response to the Department of Conservation at least thirty (30) days prior to the intended approval of the reclamation plan or plan amendment. Within thirty (30) days following approval of the reclamation plan or plan amendment, the county shall provide the Department of Conservation notice of the approval. No later than sixty (60) days after the approval of the reclamation plan or plan amendment, the county shall provide the Department of Conservation an official copy of the approved reclamation plan or plan amendment. If no hearing is required by this chapter, or by the local ordinance or state law, then the county shall provide thirty (30) days’ notice to the Department of Conservation that it intends to approve the reclamation plan amendment or annual financial assurances. The county shall send the Department of Conservation its final response from the department of resource management’s comments within thirty (30) days following its approval of the reclamation plan, plan amendment, or financial assurance during which the Department retains all powers, duties, and authorities of this chapter. Copies of any written comments received, and responses prepared by the planning commission, shall be promptly forwarded to the applicant/operator.

(h) Financial assurances shall be reviewed and approved by the county consistent with Public Resources Code Section 2773.4. Pursuant to Public Resources Code Section 2773.4, prior to approving 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 Department of Conservation for review. Additionally, the county shall provide the Department of Conservation with a determination that the financial assurance cost estimate submitted is adequate, complete, and consistent with Public Resources Code Section 2773.1. The Department of Conservation shall have forty-five (45) days from the date of receipt of a complete financial assurance cost estimate to prepare written comments if the Department of Conservation chooses. The county shall evaluate written comments received from the Department of Conservation relating to the financial assurance cost estimate within a reasonable amount of time, and the county shall prepare a written response to the Department of Conservation’s comments describing disposition of the major issues raised by the Department of Conservation’s comments. The county shall submit its proposed response to the Department of Conservation at least thirty (30) days prior to approval of the financial assurance cost estimate. If no hearing is required, then the county shall provide thirty (30) days’ notice to the Department of Conservation that it intends to approve the annual financial assurances. The county shall send the Department of Conservation its final response from the department of resource management’s comments with thirty (30) days following its approval of the financial assurances during which the Department retains all powers, duties, and authorities of this chapter. Copies of any written comments received, and responses prepared by the planning commission, shall be promptly forwarded to the applicant/operator.

(i) The planning commission shall then take action to approve, conditionally approve or deny the land use permit and/or reclamation plan and approve the financial assurances.

(j) The department of resource management shall forward a copy of each approved land use permit for mining operations and/or reclamation plan, and a copy of the approved financial assurances to the Department of Conservation. By July 1st of each year, the department of resource management shall submit to the Department of Conservation for each active or idle mining operation a copy of the land use permit approval of reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(Ord. No. 1839, §3)

29-23 Standards for reclamation

(a) All reclamation plans shall comply with the provisions of SMARA and State Board regulations. Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards as established by the State Board including but not limited to wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage and waste management.

(b) The county may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

(c) Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or completion of all excavation, removal, or fill, as approved by Solano 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. No. 1839, §3)

29-24 Statement of responsibility

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the department of resource management in the mining operation’s permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the department of resource management for placement in the permanent record.

(Ord. No. 1839, §3)

29-25 Findings for approval

(a) Site Approvals. In addition to any findings required by the Solano County Code, site approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and State Board regulations.

(b) Reclamation Plans. For reclamation plans, the following findings shall be required:

(1) That the reclamation plan complies with SMARA, and any other applicable provisions.

(2) That the reclamation plan complies with applicable requirements of State Board regulations.

(3) That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the Solano County general plan and any applicable resource plan or element.

(4) That the reclamation plan has been reviewed pursuant to CEQA and the county’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent.

(5) 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 in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values.

(6) 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.

(7) That a written response to the Department of Conservation has been prepared, describing the disposition of major issues raised by the Department of Conservation. Where the county’s position is at variance with recommendations and objections raised by the Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

(Ord. No. 1839, §3)

29-26 Notice of reclamation plan approval

(a) The county, upon approval of a reclamation plan or an amendment to a reclamation plan, shall record a “notice of reclamation plan approval” with the county recorder. The notice shall read:

Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the County of Solano, a copy of which is on file with the Department of Resource Management, 675 Texas Street, Suite 5500, Fairfield, CA 94533.

(b) In addition to the information required by subsection (a) of this section, the notice shall also include the name of the owner of record of the mine operation, and the acknowledged signature of the county’s representative.

(Ord. No. 1839, §3)

29-27 Initial inspection

As a condition of approval and/or the permit of the reclamation plan, or both, a schedule for at least annual inspections by the county of the site shall be established to evaluate continuing compliance with the permit and reclamation plan. A scheduled inspection shall occur within six (6) months of the start of operations at a site. The operator shall be solely responsible for the reasonable cost of the inspection. An inspection fee shall be set and adjusted from time to time by resolution of the board of supervisors as provided by Section 1-18. The fee shall be payable by the operator to the department of resource management. A report of the results of the inspection shall be completed on a form to be provided by the state, and a copy of the inspection report shall be provided to the Department of Conservation. However, the county reserves the right to conduct periodic reviews and inspections of the mine sites beyond the annual inspections prescribed under SMARA.

(Ord. No. 1839, §3)

29-28 Amendments

(a) Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the planning commission. A proposed amendment to a reclamation plan shall be processed in the same manner, and the applicant shall have the same rights and pay the same fee, as established herein for an original application. Any amendments to a permit and/or reclamation plan may be approved by the same procedure as is prescribed for approval of a permit and/or reclamation plan. All amendments to reclamation plans, including but not limited to “substantial,” “nonsubstantial,” “minor modification,” and/or “minor substitution” must be reviewed by the Department of Conservation per Public Resources Code Section 2772.1.

(b) Nonsubstantial deviations to a permit and/or reclamation plan may be allowed by the director of resource management upon a written finding that the requested modification is necessary to achieve the prescribed or higher post-mining use of the reclaimed land, that the change does not increase the area or volume of materials to be mined by more than ten (10%) percent, and that the change is consistent with the intent of the conditions of approval and environmental clearance of the permit and/or reclamation plan. These findings shall be supported by substantial evidence in the record. A minor modification to a reclamation plan may be approved only if it meets the following standards:

(1) To allow the minor recontouring of final topography affecting no more than ten (10%) percent of the site; provided, that slope stability is maintained, and documentation provided.

(2) To allow minor modifications to existing on-site roads and encroachments directly from the site to a public road, but not including new off-site roads.

(3) To allow a minor substitution in the reclamation plan such as a substitution in the type and/or number of plant species, minor change in topsoil treatment, etc., provided it does not substantially alter the intended end use described in the approved reclamation plan.

(4) To allow minor technological or administrative changes in methods used to achieve reclamation.

(5) To allow measures to be taken which will ensure or maintain public safety (e.g., fences, gates, signs, or hazard removal), provided such measures do not substantially alter the intended end use described in the approved reclamation plan.

(6) To allow minor modifications to a previously approved phasing plan.

(7) To allow compliance with requirements of other public agencies, provided the requirements are not inconsistent with the approved conditional use permit.

(8) A minor modification shall not include changing the end use of the land.

(c) Applications for a minor modification shall be made on a form provided by and filed with the department of resource management, together with the appropriate fee.

(d) Prior to approval of a minor modification, the director of resource management shall make the following written findings which shall include the reasons for the findings:

(1) The minor modification is consistent with the approved conditional use permit and/or the approved reclamation plan and does not represent a significant change to the approved reclamation plan for the subject surface mining operations.

(2) The minor modification is not subject to CEQA.

(e) The director of resource management shall approve, conditionally approve, or disapprove an application for a minor modification within forty-five (45) days of accepting the application as complete, and give notice by mail of the decision, including any conditions of approval, to the applicant and any interested parties that have formally requested such notice in writing.

(f) The decision of the resource management director regarding the minor modification of a land use permit shall be appealable to the planning commission within ten (10) days of said decision. The decision of the planning commission regarding the appeal shall be appealable to the board of supervisors within ten (10) calendar days of said decision. Appeals must be in writing together with the appropriate appeal fee.

(g) Within thirty (30) days of final action, the resource management director shall send a copy of an approved minor modification to the Department of Conservation.

(Ord. No. 1839, §3)

29-29 Idle operations and interim management plans

(a) Within ninety (90) days of a surface mining operation becoming idle, as defined in Section 2771.1 of the Public Resources Code, the operator shall file an application for an interim management plan with the director of resource management in accordance with the provisions of this chapter. Interim management plans are considered amendments to the reclamation plan, with review and comments by the Department of Conservation provided under Public Resources Code Section 2770(h)(4)(B). Said application shall include:

(1) All information required under this chapter for filing of a new application for a permit unless the requirement is waived by the director of resource management.

(2) A statement explaining that the surface mining operation is idle as defined in this chapter.

(3) An interim management plan which includes measures the operator will implement to maintain the site in accordance with the approved mining plan, the approved reclamation plan and the permit conditions.

(4) A filing fee for review of the interim management plan which shall be the same amount as the filing fees for a reclamation plan.

(5) Such additional information as shall be required by the director of resource management.

(b) Within one hundred twenty (120) days of the receipt of a complete application for an interim management plan, the director of resource management shall review and approve the application provided the interim management plan complies with the requirements specified in subsection (a) of this section, and give notice by mail of the approval to the operator and any other person who has filed for written notice. Otherwise, the director of resource management shall notify the operator in writing of any deficiencies in the plan. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the director of resource management, to submit a revised plan. The director of resource management shall approve or deny approval of the revised interim management plan within one hundred twenty (120) days of receipt. If the director of resource management denies approval of the revised interim management plan, the operator may appeal that action to the planning commission, which shall schedule a public hearing within forty-five (45) days of the filing of the appeal. An application for an interim management plan shall not require a public hearing.

(c) The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the director of resource management shall do one (1) of the following:

(1) Renew approval of the interim management plan for another period not to exceed five (5) years if the director of resource management finds that the operator has fully complied with the provisions of the interim management plan.

(2) Require the operator to commence reclamation in accordance with its approved reclamation plan. The determination by the director of resource management to extend the term of the interim management plan or to require reclamation shall not require a public hearing. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan.

(d) Any financial assurance required in conjunction with approval of the permit shall remain in effect during the period the surface mining operation is idle and until such time as reclamation is completed.

(e) Unless review of an interim management plan is pending before the director of resource management, or an appeal is pending before the board of supervisors, a surface mining operation which remains idle for over one (1) year after becoming idle as defined in this chapter, 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.

(Ord. No. 1839, §3)

29-30 Annual inspections

(a) The department of resource management shall conduct an annual inspection of the surface mining operation once every twelve (12) months to determine whether the surface mining operation is in compliance with the approved conditional use permit and mining and reclamation plan, approved financial assurances, and state regulations. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, such as those certified in the DMR training program pursuant to Public Resources Code Section 2774(d)(3) as selected by the director of resource management. All inspectors conducting annual inspections shall have on file with the county and the division of mine reclamation a current certificate of completion of an inspection workshop. All inspections shall be conducted in accordance with State Board regulations. The annual inspection shall be conducted using a form approved and provided by the State Board. The department of resource management shall submit the completed inspection form, a copy of the acceptable financial assurance cost estimate to the Department of Conservation within ninety (90) days of the date of completion of the inspection along with a notice of completion of inspection which contains statements on compliance with SMARA, any amendments, or financial assurances, including any supporting documentation that substantiates the county’s findings. Copies shall also be sent to the operator. The operator shall be responsible for the reasonable cost of the inspection.

(b) The department of resource management shall annually review and update, as necessary, the financial assurances of each surface mining operation based on annual adjustment data submitted by the operator pursuant to Section 29-21.

(Ord. No. 1839, §3)

29-31 Public records

Mining and reclamation plans, reports, applications, and other documents submitted to the county are public records unless it can be demonstrated to the satisfaction of the county that release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The county shall identify such proprietary information as a separate part of the application. A copy of all permits, mining and reclamation plans, reports, applications, and other documents submitted pursuant to this section, including proprietary information, shall be forwarded to the Department of Conservation by the department of resource management. Proprietary information shall be made available to persons other than the Department of Conservation Director only when authorized by the mine operator and by the mine owner.

(Ord. No. 1839, §3)