(A) Objectives. The objectives of excavation reclamation shall be:
(1) To return the land, concurrently with the mining operation or within a reasonable amount of time thereafter to a predetermined condition defined by the reclamation plan as submitted and approved, compatible with past, present or probable future local land uses, and consistent with the city’s General Plan;
(2) To minimize or prevent present and future on-site or off-site environmental degradation to the ecological and hydrological regimes caused by mining operations, and to meet other pertinent state and federal regulations regarding air and water quality standards and health and safety criteria;
(3) To minimize or prevent present and future hazards to public safety and welfare; and
(4) To ensure that the area of excavation shall be rehabilitated to a condition of practical usefulness and reasonable physical attractiveness.
(B) Simultaneous excavation and reclamation.
(1) The reclamation or rehabilitation of natural resources sites with a projected life of more than one year shall be carried out simultaneously with the excavation of the resource. The purpose and intent of simultaneous excavation and reclamation includes but is not limited to the creation of a usable land resource and the elimination of waste heaps, and the prevention of shallow, stagnant, small bodies of water, small unusable remnants of land and eroding, barren slopes all normally associated with open pit operations, except as providing storm water detention facilities as described in a hydrological report.
(2) Excavations shall be planned so as to progressively develop the proposed final land forms by grading and by stockpiling overburden materials in areas designated for future land forms or in excavations where the material will be spread over the pit floor where no future excavation is anticipated. Such areas are to be seeded and planted immediately after grading is completed or within appropriate planting seasons, but in any case, the grading and planting shall be completed within one year. The reclamation plan shall contain a description of the phased reclamation process throughout the anticipated life of the mine.
(C) Final reclamation. Final reclamation shall begin immediately for any site where operations authorized under a conditional use permit have been abandoned for a period of at least one year, or otherwise terminated, as determined by the Community Development Department. The final reclamation shall conform to the plan approved (including approved modifications) in the conditional use permit for natural resource excavation. All reclamation plans shall conform at least to the below listed minimum standards and requirements listed elsewhere in the ordinance; provided, however, that, the Planning Commission may require more stringent standards where special hazards exist in order to protect the health, safety or general welfare of the public, and to prevent injury to property or improvements.
(1) Grading. Slopes, overburden stockpiles and abandoned soil piles shall be graded and smoothed so as to control erosion and prevent the creation of potentially dangerous areas in accordance with the direction of the City Engineer. The peaks and depressions of the reclamation area shall be reduced to a surface which will result in topography in substantial conformity to the land area generally surrounding and which will minimize erosion due to rainfall. In no case shall any slope of a reclamation site exceed the normal angle of repose of the material involved.
(2) Water-filled areas. All excavations which create standing water or ponds shall be refilled with inert materials. This requirement shall not apply, however, to any water-filled excavations scheduled to become an integral part of the final reclamation plan. The rehabilitation of these areas shall be done in such a manner that the ground water is not polluted as determined through consultation with the county’s Health Department. Fill material shall be porous to allow for water dispersion unless otherwise specified in the reclamation plan.
(3) Landscaping. Unless inconsistent with the final proposed use of the reclaimed land, the excavated areas and all other disturbed areas shall be replanted and maintained with trees, shrubs, grasses or other vegetative ground cover, native to the area, in order to minimize erosion and to restore the land to a natural appearance, or to an appearance previously approved by the Planning Commission.
(4) Removal of buildings and equipment. Upon termination of excavation and/or manufacturing, all buildings, equipment (including electrical conduits), temporary structures (except fences), rock piles, rubble heaps or other debris used in the excavation and/or mining operations, shall be removed unless deemed necessary to the approved final use of the reclaimed site. If determined by the City Engineer and Community Development Department to be acceptable, these materials may be back-filled into the excavation.
(5) Reclamation. In the final year of excavation, the mining operation may, as part of the reclamation project, excavate closer than 40 feet to any property lines, but only upon a showing of compelling mutual good and the approval of the Planning Commission.
(D) Reclamation verification. At the conclusion of mining operation and reclamation of the excavation site, the Community Development Department and City Engineer shall present to the Planning Commission a statement verifying the permit area has been reclaimed in compliance with the requirements of this subchapter and reclamation plans previously submitted in compliance with this subchapter. The Planning Commission shall certify to the City Council that all requirements of this subchapter have been met.
(Prior Code, § 29.28.120) (Ord. 00-03, passed 1-20-2000)