(A) Form and content. In addition to all other requirements, including those set forth in PRC § 2772 and Cal. Code of Regulations, Title 14, § 3502, the reclamation plan, at a minimum, shall:
(1) Indicate the methods to be used to reclaim the land.
(2) If phasing is proposed, include a detailed schedule of the sequence and timing of all stages of the reclamation.
(3) Describe the physical condition of the mine site upon the completion of all reclamation including the proposed uses or potential uses of the reclaimed site.
(4) Contain a map that delineates through the use of cross sections and elevations the physical characteristics of the land that will exist upon the conclusion of reclamation, as well as a topographic map showing the location of the reclaimed land.
(5) Describe the manner in which derelict machinery, mining waste and scraps will be removed from the mine site and how contaminants will be controlled.
(6) Describe the methods to be used to ensure that the mine site will contain stable waste piles and slopes.
(7) Describe how reclamation of the mine site may affect the future use of the site and surrounding area for mining purposes.
(8) Show that the proposed site in its final form will be, to the extent reasonable and practicable, revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property.
(9) Include all of the following, to the extent the required information of document is not already included in the mining plan and incorporated by reference in the reclamation plan:
(a) A chart identifying the page number, chapter, appendix, or other specific location in the reclamation plan where content meeting the requirements, as applicable, of PRC §§ 2772, 2773, and 2773.3 and Article 1 (commencing with CCR § 3500) and Article 9 (commencing with CCR § 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the Cal. Code of Regulations, is located;
(b) The name and address of the operator and the names and addresses of any persons designated by the operator as an agent for the service of process;
(c) The anticipated quantity and type of materials for which the surface mining operation is to be conducted;
(d) The proposed dates for the initiation and termination of the surface mining operation;
(e) The maximum anticipated depth of the surface mining operation;
(f) A reclamation plan map or maps that include the size and legal description of the lands that will be affected by the surface mining operation, the property lines, setbacks, reclamation boundaries and topographic details of the lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, the lands, the location of all proposed access roads to be constructed in conducting the surface mining operation, and the names and addresses of the owners of all surface interests and mineral interests in the land. All maps, diagrams, or calculations that require preparation in accordance with the Professional Engineers Act, the Geologists and Geophysicist Act, or the Professional Land Surveyors' Act need to be prepared by a California-licensed professional and shall include their license number, name, signature, and seal;
(g) A description of, and a plan for, the type of surface mining to be employed, and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;
(h) A description of the proposed use or potential uses of the mined lands after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;
(i) A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including both of the following:
1. A description of the manner in which contaminants will be controlled, and mining waste will be disposed; and
2. A description of the manner in which affected streambed channels and streambanks will be rehabilitated to a condition minimizing erosion and sedimentation will occur;
(j) An assessment of the effect of implementation of the reclamation plan on future mining in the area;
(k) Any other information required in the County's use permit application or by SMARA or the SMARA Regulations.
(10) An item of information of a document required pursuant to division (A)(9)(a) that has already been prepared as part of a permit application for the surface mining operation or as part of an environmental document prepared for the project pursuant to CEQA may be included in the reclamation plan by reference, if that item of information or that document is attached to the reclamation plan when the County submits the reclamation plan to the Supervisor of Mines for review. To the extent the information, document, or component of a document referenced in the reclamation plan is used to meet the requirements of Cal. Public Resources Code, §§ 2773(c) or 2773.3(c), the information, document, or component of a document shall become part of the reclamation plan and shall be subject to all other requirements of SMARA and the SMARA Regulations.
(11) Indicate, pursuant to Cal. Code of Regulations, Title 14, § 3705(b), the location and associated details of the required revegetation test plot or plots, specifying revegetation success criteria, as appropriate.
(B) Reclamation plan findings. All decisions on reclamation plans shall be supported by findings. No reclamation plan shall be approved unless the finding is made that it meets the minimum applicable requirements of SMARA and this chapter.
(1) The Planning Commission shall approve or conditionally approve a reclamation plan only if the evidence presented establishes:
(a) That the reclamation plan describes the surface mining operation in adequate detail and complies with SMARA, particularly PRC §§ 2772 and 2773;
(b) That the reclamation plan complies with the requirements of applicable state regulations;
(c) That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter, the County's General Plan and any applicable resource plan or element;
(d) That the Planning Commission reviewed the potential environmental impacts of the proposed reclamation plan, pursuant to CEQA and the County's environmental review guidelines, and that all significant adverse impacts from reclamation of the land following completion of surface mining operations are mitigated to the maximum extent feasible;
(e) That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with and blends with the surrounding natural environment, topography and other resources, or that suitable off-site improvements will compensate for related disturbance to resource values;
(f) That the reclamation plan incorporates adequate measures to restore the mined lands to a naturally appearing or usable condition that is consistent with the General Plan and applicable resource plan or element and that is compatible with adjacent land uses;
(g) That the Planning Director provided a written response to the state's Division of Mine Reclamation, describing the disposition of major issues raised by that Department. Where the County disagrees with the recommendations and objections raised by the state's Division of Mine Reclamation, such response shall address, in detail, why specific comments and suggestions were not accepted.
(C) Reclamation plan conditions of approval.
(1) The Planning Commission shall provide that approval of the reclamation plan shall be contingent upon acceptance and observance of specified conditions reasonably related to surface mining operations. Those conditions shall include but not be limited to, the conditions specified in divisions (C)(2) through (6) below.
(2) For a surface mining operation located in a watercourse, the operator shall convey to the County, or its successor in interest, an easement in perpetuity for flood control purposes which will protect the future mineral resources from waste. The easement includes, without limitation, the right to clear the river channel of debris. The interest collected on the financial assurances may be used to pay for the County's cost of maintaining the easement.
(3) The operator/owner submitting the financial assurances for the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the approved reclamation plan, which statement shall be maintained in the Planning Division of the Resource Management Agency's file for the mining operation. Within 15 days of the sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Division of the Resource Management Agency for placement in the permanent record. The most recent Division of Mine Reclamation approved form shall be used for each statement of responsibility submitted to the Planning Director.
(4) Neither a reclamation plan nor financial assurances shall be approved for a surface mining operation for gold, silver, copper, or other metallic minerals, if the operation is located on, or within one mile of, any Native American sacred site, as defined by PRC § 2773.3(b)(1), and is located in an area of special concern, unless both of the following criteria are met:
(a) The reclamation plan requires that all excavations be backfilled and graded to do both of the following:
1. Achieve the approximate original contours of the mined lands prior to mining.
2. Grade all mined materials that are in excess of the materials that can be placed back into excavated area, including, but not limited to, all overburden, spoil piles, and heap leach piles, over the project site to achieve the approximate original contours of the mined lands prior to mining.
(b) The financial assurances are sufficient in amount to provide for the backfilling and grading required by division (C)(4)(a).
(5) In accordance with the performance standards provided at CCR § 3704.1, an open pit excavation created by surface mining activities for the production of metallic minerals shall be backfilled to achieve not less than the original surface elevation and the surface graded and contoured consistent with the original site topography.
(6) Surface mining operations are required to obtain agricultural conservation easements of similar quality to those prime farmland acres, that are Class 1 soil, converted at a minimum of 1:1 ratio, or as necessary to assure no net loss of agricultural productivity or value for each acre of productive agricultural land converted as a result of mining and no returned to agricultural production.
(7) If a surface mining operation results in the permanent conversion of productive agricultural land, an agricultural conservation easement shall be required. The agricultural conservation easement shall be of similar quality to those prime farmland acres, that are Class 1 soil, converted at a minimum of 1:1 ratio, or as necessary to assure no net loss of agricultural productivity or value for each acre of productive agricultural land converted.
(D) Modification, revocation of reclamation plans.
(1) A reclamation plan approved before or after the effective date of the ordinance codified in this chapter may be modified or the reclamation plan as a whole, may be revoked, only if the reclamation activities do not comply with the plan or if there is a compelling public necessity. A compelling public necessity warranting the revocation of a reclamation plan may exist where the reclamation activities constitute a public nuisance, or where the plan itself is inadequate under the Act or this chapter. The Planning Division of the Resource Management Agency shall monitor the reclamation activities and reclamation plans annually or periodically as necessary, in accordance with this division.
(2) The procedure to modify and/or revoke a reclamation plan shall be the same as provided in § 19.13.022.
(E) Amendments.
(1) An operator may submit amendments to an approved reclamation plan, detailing proposed changes to the plan to the Planning Division of the Resource Management Agency, at any time in accordance with the provisions of § 19.13.009. Under no circumstances shall any deviation from the approved use permit or reclamation plan be undertaken until the required amendment is approved by the County. The County shall approve such amendments in accordance with the procedures for approval of reclamation plans described in this chapter. An approved amendment to a reclamation plan shall not be considered an alteration or expansion per se of an approved use permit or of a legal non-conforming surface mining operation.
(2) The County shall review the application for an amended use permit or reclamation plan to determine whether the requested change or expansion constitutes a substantial deviation, as defined in § 19.13.002 of this chapter, based on the following factors:
(a) A substantial increase in the disturbance of a surface area or in the maximum depth of mining;
(b) A substantial extension of the termination date of the mining operation as set out in the approved reclamation plan;
(c) Changes that would substantially affect the approved end use of the site as established in the reclamation plan;
(d) The consistency of any proposed change to the operation with the previously adopted environmental determinations;
(e) Any other changes that the Planning Director deems substantial deviations as defined in this chapter.
(Ord. 1057, § 3 (part), 2023)