The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.
ABANDONMENT OF A SURFACE MINING OPERATION. The cessation of substantial activities of the surface mining operation. An operator is conclusively presumed to have abandoned the operation when there has been a cessation of substantial activities for a period of one year or more. However, a surface mining operation shall not be deemed abandoned if the operator complies with the provisions of § 19.13.012 of this chapter.
ALTERATION OF A SURFACE MINING OPERATION. Any substantial change in a surface mining operation from that specified in an approved reclamation plan.
BORROW PIT. Excavations created by the surface mining of rock, unconsolidated geologic deposits, or soil to provide material (borrow) for fill elsewhere.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The most recent version of the PRC §§ 21000 through 21189.3, as amended.
COUNTY. The County of San Benito, California.
DIVISION OF MINE RECLAMATION. The California Department of Conservation, Division of Mine Reclamation.
EXPANSION OF SURFACE MINING OPERATION. Any substantial increase in the size or scope of a surface mining operation. EXPANSION includes, without limitation, engaging in surface mining operations beyond the boundaries specified in an approved reclamation plan, beyond the volume of materials specified in the reclamation plan, or the depth of excavation specified in the reclamation plan.
FINANCIAL ASSURANCE COST ESTIMATE (FACE). The amount of money necessary to conduct and complete reclamation on the mined lands in accordance with the approved reclamation plan, plus a reasonable estimate of the administrative costs and expenses which would be incurred by the County or Division of Mine Reclamation, the total of which shall be calculated in accordance with CCR § 3804, and shall constitute an obligation to pay by the operator. A financial assurance cost estimate shall be prepared on the most recent FACE Form published by the Division of Mine Reclamation.
FINANCIAL ASSURANCE MECHANISM. An instrument, fund or other form of Financial Assurance as provided in PRC §§ 2773.1.
FINANCIAL ASSURANCES. A current approved financial assurance cost estimate and a financial assurance mechanism that is at least equal to the current approved financial assurance cost estimate.
GRADING. To bring an existing surface to a designed form by cutting, filling and/or smoothing operations.
HAUL ROAD. A road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.
IDLE. A surface mining operation at which the operator has curtailed production, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90% of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.
LEGAL NON-CONFORMING SURFACE MINING OPERATION. A surface mining operation which was a valid land use for its location when it was created and which by ordinance enacted after that land use began is no longer conforming to current regulations.
MINED LANDS. The surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.
MINERALS. Any naturally occurring chemical element or compound, or group of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.
MINING WASTE. The residual of soil, rock, mineral, liquid vegetation, equipment, machines, tools or other materials or directly resulting from, or displaced by, surface mining operations.
OPERATOR. Any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.
OVERBURDEN. Soil, rock or other materials that lie above a natural mineral deposit or in between
mineral deposits, before or after the removal by surface mining operations.
PERSON. Any individual, firm, association, corporation, organization or partnership, limited liability company or the like, or any city, county, district or the state or any department or agency thereof.
RECLAMATION. The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, slope stabilization, or other measures.
STATE MINING AND GEOLOGY BOARD (BOARD). California State Mining and Geology Board.
STREAM BED SKIMMING. Excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, (thalweg) whichever is higher.
SMARA. The State of California Surface Mining and Reclamation Act, Cal. Public Resources Code Division 2, Chapter 9 (§§ 2710 et seq.), PRC § 2207 and state regulations, and Cal. Code of Regulations (CCR) Title 14, Division 2, Chapter 8, Article 1 (§§ 3500 et seq.).
SUBSTANTIAL DEVIATION. A change or expansion to a surface mining operation as defined in PRC § 2735 that substantially affects the completion of the previously approved reclamation plan, or that changes the end use of the approved plan to the extent that the scope of the reclamation required for the surface mining operation is substantially changed, as provided in CCR § 3502(d), as revised.
SURFACE MINING OPERATIONS.
(1) 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, or surface work incident to an underground mine. SURFACE MINING OPERATIONS include, but are not limited to:
(a) In-place distillation or retorting or leaching;
(b) The production and disposal of mining waste;
(c) Prospecting and exploratory activities; and
(d) Borrow pitting, streambed skimming and segregation and stockpiling of mined materials (and recovery of same).
(2) A SURFACE MINING OPERATION is an operation existing on one parcel or multiple adjacent parcels constituting a single integrated operation.
TOPSOIL. The upper part of the soil profile that is relatively rich in humus, which is technically known as the A-horizon of the soil profile.
(Ord. 1057, § 3 (part), 2023)