(A) Applications.
(1) Filing fee. To obtain a use permit for a surface mining operation, a person shall file an application for the permit with the Planning Division of the Resource Management Agency. Applications shall be accompanied by a fee according to the most recent fee schedule approved by the Board of Supervisors.
(2) Form and content.
(a) Applications for a use permit, reclamation plan, or amendment to a reclamation plan for surface mining or land reclamation projects shall be filed in accordance with this chapter and procedures to be established by the Planning Director. The forms for reclamation plan applications shall include, at a minimum, each of the elements required by SMARA (particularly PRC §§ 2772 through 2773) and state regulations, and any other requirements necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, shall be submitted to the Planning Division of the Resource Management Agency.
(b) Applications shall include all required environmental review forms and information as specified on application forms.
(c) For surface mining operations determined vested and exempt from a use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. The applicant shall submit to the Planning Division of the Resource Management Agency all documentation required for the reclamation plan at one time. Applications shall include all required environmental review forms and information specified on application forms.
(3) Acceptance. The Planning Director shall not accept applications as complete until the applicant provides the required information in sufficient detail to allow the Planning Director or the Director's designee to process the application. The Planning Director or the Director's designee shall notify the applicant when the application is accepted as complete. Acceptance of an application shall not constitute approval of the project.
(B) Procedure.
(1) Early consultation. Within 30 days of the Planning Director’s acceptance of an application for a use permit and/or a reclamation plan as complete, the Planning Director or Director's designee will notify the state's Division of Mine Reclamation that the application was filed. Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning Director will also notify the state's Department of Transportation that the application was filed.
(2) Review.
(a) The Planning Director or Director's designee shall review the use permit and/or reclamation plan application for accuracy and completeness. In addition, the Planning Director or Director's designee shall coordinate review of the application with other public agencies and shall process the application(s) through environmental review pursuant to CEQA and the County's environmental review guidelines.
(b) Before approving or holding a public hearing concerning a reclamation plan or amendment to a reclamation plan, the Planning Director shall submit as early as practicable the reclamation plan or amendment to the Supervisor of Mines (Supervisor) for review pursuant to PRC §§ 2772.1 and 2773.4(b). All documentation for the submission shall be submitted to the Supervisor at one time. In making this submittal, the Planning Director shall certify to the Supervisor that the reclamation plan or reclamation plan amendment is complete and is in compliance with the applicable requirements of SMARA, the SMARA regulations, and this chapter.
(c) During the review process the Planning Director or Director's designee shall give the Supervisor 30 days to review the reclamation plan or amendment to the reclamation plan for completeness. If the reclamation plan or the reclamation plan amendment to the reclamation plan has been deemed complete, or once all inadequacies identified by the Supervisor have been corrected and provided to the Supervisor, the Supervisor shall have 30 days to review and comment on the reclamation plan application/amendment. The Supervisor shall have 15 days to review the financial assurances. If the financial assurances have been deemed complete, or once all inadequacies identified by the Supervisor have been corrected and provided to the Supervisor, the Supervisor shall have 45 days to review and comment on the financial assurances.
(d) In the event a use permit is required under the provisions of this chapter, the Planning Director or Director's designee shall simultaneously review and process the reclamation plan application. The financial assurances shall be approved following the initial approval but may be approved by the Planning Director or Director's designee.
(3) Staff report. After the appropriate environmental review, the Planning Director will prepare a staff report with recommendations for consideration by the Planning Commission. The staff report shall include the state's Division of Mine Reclamation's written comments and provide a written response describing the disposition for the major issues raised by the state. In particular, when the County objects to the state's recommendations and objections, the staff report shall address, in detail, why specific comments and suggestions were not accepted. The Planning Director shall forward copies of any written comments and the County's responses promptly to the applicant/operator prior to the Planning Commission meeting.
(4) Public hearing.
(a) Upon completion of the environmental review process, interagency review and filing of all documents required by the Planning Director, the Planning Commission shall hold a public hearing to consider the applicant's request and to approve, conditionally approve, or disapprove the issuance of a use permit and/or reclamation plan, pursuant to PRC § 2772.1 and § 19.13.009 of this chapter.
(b) Upon approval of the use permit and/or reclamation plan, the County shall approve the financial assurances, pursuant to PRC §§ 2772.1 and 2773.4(a). This approval will be completed under a separate action. Section 19.13.010 of this chapter provides the approval process for both the initial FACE and annual updates, thereafter.
(5) Certification of compliance of reclamation plan and financial assurances with this chapter and state law. The Planning Commission shall certify that the reclamation plan and/or financial assurances comply with the applicable requirements of state law, If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the use permits with the conditions that the mining operation shall not be activated until the state's Division of Mine Reclamation completes its review of the cost estimates for financial assurances and the County has reviewed and approved the reclamation plan and financial assurances.
(6) Notice of reclamation plan approval.
(a) Following approval of a reclamation plan or an amendment to a reclamation plan, the County shall record a "Notice of Reclamation Plan Approval" with the County Recorder's Office in accordance with PRC § 2772.7. The notice shall include the language set forth in PRC § 2772.7 and state the name of the owner of record of the mining operation, identify the County as lead agency under SMARA for the operation, contain the acknowledged signature of the Planning Director, and include any other information required under PRC § 2772.7.
(b) Within 30 days following the approval of a reclamation plan or amendment to a reclamation plan, the Planning Director shall provide the Supervisor notice of the approval.
(7) Distribution of approved plans. No later than 60 days after the approval of a reclamation plan or amendment to a reclamation plan, the Planning Director shall provide to the Supervisor of the Division of Mine Reclamation certified copies of all maps, diagrams, or calculations, signed and sealed, and provide an official copy of the approved reclamation plan or amendment to a reclamation plan. The official copy shall incorporate all approved modifications to the reclamation plan or amendment to a reclamation plan and shall include an index showing any permit conditions of approval or binding mitigation measures adopted pursuant to CEQA as required under PRC § 2772.1. Those conditions of approval and mitigation measures shall be included in an appendix to the reclamation plan or amendment to a reclamation plan and shall be considered part of the reclamation compliance requirements and subject to the annual inspection requirements. By July 1 of each year, the Planning Director shall submit to the state's Division of Mine Reclamation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.
(8) Jurisdiction. Whenever a proposed or existing surface mining operation is within the jurisdiction of both San Benito County and another public agency, is a permitted use within both agencies, and is not separated by a natural or manmade barrier coinciding with the boundary of the agencies, the evaluation of the proposed or existing operation shall be made by the lead agency in accordance with the procedures adopted by the lead agency and PRC § 2774. If a question arises as to which public agency is the lead agency, any affected public agency, or the affected operator, may submit the matter to the State Mining and Geology Board (Board). The Board shall notify in writing all affected public agencies and operators that the matter has been submitted, specifying a date for a public hearing. The Board shall designate the public agency which shall serve as the lead agency based on the capability of the agency to adequately fulfill the requirements of SMARA and this chapter and which of the public agencies has principal permit responsibility.
(Ord. 1057, § 3 (part), 2023)