(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 Department. Applications shall be accompanied by a fee in an amount to be set from time to time by ordinance of the Board of Supervisors.
(2) Form and content.
(a) Applications for a use permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. The application 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 Cal. Public Resources Code §§ 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 Department.
(b) Applications shall include all required environmental review forms and information as specified on application forms.
(c) For surface mining operations that are 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 Department 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 Directors 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 Department of Conservation 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) Generally. 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) Consultation with the state’s Department of Conservation. During the review process the Planning Director or Director’s designee shall give the state’s Department of Conservation 30 days to review and comment on the reclamation plan application/amendment and 45 days to review and comment on the financial assurances.
(c) Simultaneous processing. 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 and financial assurances.
(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 Department of Conservation’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. 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 and financial assurances.
(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, and submit the approved permit, plan, assurance or amendments to the state’s Department of Conservation for review. 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 Department of Conservation completes its review of the cost estimates for financial assurances and the county has reviewed and approved the reclamation plan and financial assurances.
(6) Distribution of approved plans. The Planning Director or Director’s designee shall forward a copy of each approved use permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the state’s Department of Conservation. By July 1 of each year, the Planning Director shall submit to the state’s Department of Conservation 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.
(C) Use permit findings. The Planning Commission shall approve or conditionally approve the use permit only if the evidence presented establishes:
(1) That the use permit application and supporting documents describe the surface mining operation in adequate detail, and incorporate adequate measures to mitigate the probable or known significant environmental effects caused by the surface mining operation;
(2) That the surface mining operation is properly located in relation to the General Plan and to the community as a whole, and to other land uses, transportation and service facilities in the vicinity;
(3) That the surface mining operation, if it complies with all conditions upon which approval is made contingent, will not have substantial adverse effect on other properties in the vicinity or cause any substantial damage, hazard or nuisance; and
(4) That the use permit for surface mining operations will comply with the provisions of SMARA and state regulations.
(D) Reclamation plan findings. The Planning Commission shall approve or conditionally approve a reclamation plan only if the evidence presented establishes:
(1) That the reclamation plan describes the surface mining operation in adequate detail and complies with SMARA, particularly Cal. Public Resources Code §§ 2772 and 2773;
(2) That the reclamation plan complies with the requirements of applicable state regulations;
(3) 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;
(4) 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;
(5) 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;
(6) 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;
(7) That the Planning Director provided a written response to the state’s Department of Conservation, describing the disposition of major issues raised by that Department. Where the county disagrees with the recommendations and objections raised by the state’s Department of Conservation, such response shall address, in detail, why specific comments and suggestions were not accepted.
(E) Use permit conditions of approval.
(1) Use permit. The Planning Commission shall provide that issuance of the use permit shall be contingent upon acceptance and observance of specified conditions reasonably related to surface mining operations.
(2) Commencing operations. An operator shall commence a surface mining operation not later than one year from the date of issuance of the operations permit. Failure to commence operations within the one-year time period renders the use permit void. This section shall not apply to those surface mining operations which comply with the provisions of § 19.13.009 relating to notice of non-abandonment of surface mining operations.
(F) Reclamation plan conditions of approval.
(1) Generally. 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 (F)(2) and (3) below.
(2) Flood control easements. As another condition of approval of the reclamation plan of 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) Financial assurances/security to guarantee performance of reclamation plan. Any person conducting a surface mining operation, or who has conducted a surface mining operation subsequent to January 1, 1976, shall provide to the county’s Planning Department financial assurances to ensure that reclamation is performed in accordance with the surface mining operation’s approved reclamation plan. The amount of the financial assurance must be adequate to ensure that the county or state can reclaim the site pursuant to that approved plan. The mine operator shall enter into a written agreement and post accompanying security for financial assurances to insure that the county or state can cause the reclamation of the disturbed portion of the site in accordance with the approved plan.
(a) To ensure that reclamation will proceed in accordance with the approved reclamation plan, the county shall require, as a condition of approval, security which will be released upon satisfactory performance. The applicant may post security in the form of cash, a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution or other method acceptable to the county and the state’s Mining and Geology Board as specified in state regulations, and which the county reasonably determines are adequate to perform reclamation in accordance with the surface mining operation’s approved reclamation plan. Financial assurances shall be made payable to the county and the state’s Department of Conservation. To ensure liquidity and availability of the assurance, the first $25,000 of security shall be posted in cash.
(b) Financial assurances shall ensure compliance with elements of the reclamation plan, including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials and other measures, if necessary.
(c) The operator shall submit cost estimates for the financial assurances to the Planning Department for the Planning Director’s review and approval prior to the operator securing financial assurances. The Planning Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the state’s Department of Conservation for review. If the state’s Department of Conservation does not comment within 45 days of receipt of these estimates, the cost estimates shall be deemed adequate, unless the county has reason to determine that additional costs may be incurred. The Planning Director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA and state regulations.
(d) The operator shall base the amount of the financial assurances upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities occurring since January 1, 1976, and the actual amount required to reclaim new lands to be disturbed by surface mining activities in the upcoming year. A California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Planning Director shall prepare the cost estimates based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities and the actual administrative costs. Financial assurances to guarantee revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include, but may not be limited to, labor, equipment, materials, mobilization of equipment, administration and a reasonable profit by a commercial operator other than the mine operator or land owner. A contingency factor of 10% shall be added to the cost of financial assurances.
(e) In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator, requiring the county or state’s Department of Conservation to contract with a third party commercial company for reclamation of the site. Accordingly, the cost estimate shall reflect fees charged by commercial operator, other than the mine operator, to perform reclamation activities in the locality.
(f) The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).
(g) The Planning Director shall adjust annually the amount of financial assurances required of a surface mining operation to account for new lands disturbed by surface mining operations, inflation and any final reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates regarding the cost of reclamation for existing conditions and anticipated activities during the upcoming year, except that the operator may not claim credit for reclamation scheduled for completion during the coming year.
(h) The operator shall submit revisions to financial assurances to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of reclaiming existing disturbed areas and the cost of activities anticipated for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.
(i) All operators of surface mining operations shall be required to enter into a reclamation agreement on a form provided by the county. The county shall insure the prompt and complete implementation of the reclamation plan. The agreement shall further provide for the annual security of an amount equal to the estimated annual reclamation costs plus a contingency of 10% of this amount. The interest earned on the cash deposited with the county shall be retained by county to insure long-term compliance of surface mining operations with reclamation.
(4) Statement of responsibility. 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 Department’s file for the mining operation. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Department for placement in the permanent record.
(G) 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 Department 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 division (F)(4) of this section.
(H) Amendments. An operator may submit amendments to an approved reclamation plan, detailing proposed changes to the plan to the Planning Department at any time. 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.
(1966 Code, § 6C-7) (Ord. 722, § 2(part))