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Publisher's Note:This Section has been AMENDED by new legislation (Ord. 10705, adopted 12-09-2020). The text of the amendment will be incorporated below when the ordinance is codified.
(a) All applications for a Major Use Permit for surface mining shall be made, considered and granted or denied pursuant to The Zoning Ordinance, and shall be accompanied by an "Application for Reclamation Plan" as provided by the Department. Both applications shall be processed concurrently. An application for a Reclamation Plan shall be processed under the same procedures as the Major Use Permit, including those provisions requiring a public hearing those provisions relating to appeals. Reclamation Plans may be granted subject to such conditions and limitations as may be deemed appropriate. All plans and specifications for the grading of the property shall be prepared or approved and signed by a registered civil engineer, and shall include all information required in Section 87.208 and any other information required by the County Official.
(b) Any surface mining operation conducted pursuant to vested non-conforming rights or pursuant to a Major Use Permit, shall cease operating until a Reclamation Plan is approved by the County, unless the Reclamation Plan is on appeal to the SMGB. An "Application for Reclamation Plan" shall be submitted within 120 days from the date the County Official requests in writing to the mining operator or mining site property owner that such Reclamation Plan be submitted or within the extension periods the County Official may grant if cause is shown why more time should be granted for the filing.
(c) The Department shall submit all proposed Reclamation Plans and any proposed amendments to the Director of Conservation for review at least 45 days before the County acts thereon. The County shall notify the Director of Conservation of the filing of an application for a surface mining permit within 30 days of the filing of an application. The Department shall also send the Director of Conservation a copy of each mining permit approved by the County.
(d) The Reclamation Plan shall contain all matters required by SMARA and Sections 3502 and 3700 and following of Title 14 of the California Code of Regulations, and shall provide in designated phases for the progressive rehabilitation of the mining site land form so that, when reclamation is complete, it will contain stable slopes, be readily adaptable for alternate land uses, and be free of derelict machinery, waste materials and scrap to the satisfaction of the County Official. The proposed mining site land form, to the extent reasonable and practical, shall be revegetated for soil stabilization, free of drainage problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property.
(e) Where any requirement of the reclamation plan conflicts with any requirement of the approved major use permit, the County Official shall determine which requirement shall apply; provided however, that the minimum reclamation standards of SMARA shall apply in any event.
(f) When the approval of any Reclamation Plan and Agreement has become final and effective, the Director shall cause a copy to be filed with the San Diego County Recorder. The documents to be recorded shall set forth the names of all owners of the property subject to the Reclamation Plan. The recorded document shall provide constructive notice to all purchasers, transferees, or other successors to the interests of the owners named, of the rights and obligations created by the Reclamation Plan.
(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. 10119 (N.S.), effective 2-25-11; amended by Ord. No. 10705 (N.S.), effective 1-8-21)