The Board of Supervisors hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the County of San Diego and that it is the purpose and intent of this chapter to regulate all surface mining operations in the unincorporated area of the County of San Diego as authorized by The Zoning Ordinance and by the California Surface Mining and Reclamation Act of 1975 ("SMARA") to ensure that:
(a) The continued mining of minerals will be permitted in a manner which will protect the public health and safety and will provide for the protection and subsequent beneficial use of mined and reclaimed land; and
(b) The possible adverse effects of surface mining operations on the environment, including air pollution, impedance of groundwater movement, water quality degradation, damage to aquatic or wildlife habitat, flooding, erosion and sedimentation, will be prevented or minimized; and
(c) The production and conservation of minerals will be encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
This Chapter is intended to implement the minimum requirements of SMARA as well as to specify local requirements. Should conflict arise between the provisions of this Chapter and the minimum requirements of SMARA, the SMARA requirements shall take precedence.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
Whenever the following words are used in this chapter, they have the following meanings:
(a) "DEPARTMENT" means the Department of Planning and Development Services of the County of San Diego.
(b) "DIRECTOR OF CONSERVATION" means the Director of the Department of Conservation within the California Resources Agency.
(c) "SMARA" means the Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.).
(d) "SMGB" means the State Mining and Geology Board.
(e) "SURFACE MINING" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, surface work incident to an underground mine, borrow pitting, streambed skimming, and the segregation and stockpiling of mined materials and recovery of same. Surface mining shall include, but is not limited to: (i) inplace distillation or retorting or leaching; (ii) the production and disposal of mining waste; and (iii) prospecting and exploratory activities.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04; amended by Ord. No. 10224 (N.S.), effective 10-25-12)
Except as specified in Section 87.704, no person shall conduct surface mining unless a Major Use Permit therefor is obtained, a Reclamation Plan is approved as provided by this chapter, the Zoning Ordinance, and SMARA, and financial assurances for reclamation have been approved by the County. Grading performed pursuant to such Major Use Permit or Reclamation Plan shall be in accordance with a plot plan and conditions approved therewith. Where surface mining has been conducted in violation of this or other ordinances, a Reclamation Plan shall be obtained for the restoration of the site.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
(a) The provisions of this chapter do not apply to surface mining operations which the SMGB finds are exempt from the provisions of SMARA under Public Resources Code Section 2714.
(b) Any person who has obtained a vested non-conforming right to conduct surface mining prior to January 1, 1976, shall not be required to secure a Major Use Permit as long as such vested non-conforming right continues; provided, however, that the mining operation is not in violation of any provision of this chapter, and provided further that a person who has obtained such a right to conduct surface mining prior to January 1, 1976, shall obtain approval of a Reclamation Plan for vested operations conducted after January 1, 1976. Nothing in this chapter shall be construed as requiring the filing of a Reclamation Plan for mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
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