(A) Notification: Within thirty (30) days acceptance of an application for surface mining operations and/or a reclamation plan as complete, the planning director shall notify the director of the California department of conservation of the filing of the application, Public Resources Code section 2774(e). Whenever mining operations are proposed in the 100-year floodplain 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 shall also notify the state department of transportation that the application has been received, Public Resources Code section 2770.5.
(B) Environmental Review: The planning director shall process the application through environmental review pursuant to the California environmental quality act (CEQA), Public Resources Code section 21000 et seq., and the city's guidelines implementing CEQA.
(C) Staff Report: Subsequent to the appropriate environmental review, the planning director shall prepare a staff report with recommendations for consideration by the planning commission.
(D) Public Hearing: The planning commission shall hold at least one noticed public hearing, in accordance with the provisions of section 6-2-15, "Public Hearing And Notification Procedures", of this title, on the application for the reclamation plan.
(E) Financial Assurances:
1. Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the director of the California department of conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of the state regulation and submit the plan, assurances or amendments to the director of the California department of conservation for review, Public Resources Code section 2774(c). The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the director of the California department of conservation. However, the planning commission may defer action on the application until taking the final action on the reclamation plan and financial assurance. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the reclamation plan application with the condition that the planning director shall not issue an approval for the mining operation until financial assurances have been reviewed by the director of the California department of conservation and final action has been taken on the reclamation plan and financial assurances.
2. The director of the California department of conservation shall have forty five (45) days to prepare written comments on the reclamation plan and financial assurance, if the director of the California department of conservation so chooses, Public Resources Code section 2774(d). The planning commission shall evaluate written comments received from the director of the California department of conservation during the forty five (45) day comment period. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. In particular, when the planning commission's position is at variance with the recommendations and objections raised in the California conservation director's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted, Public Resources Code section 2774(d). Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant.
(F) Decision Of Planning Commission: The planning commission shall then take action to approve, conditionally approve, or deny the reclamation plan pursuant to Public Resources Code section 2774, and to approve the financial assurances pursuant to Public Resources Code section 2770(d).
(G) Copies To Director: The planning director shall forward a copy of each approval for mining operations and/or approved reclamation plan, and a copy of the financial assurances to the director of the California department of conservation. By July 1 of each year, the planning director shall submit to the director of the California department of conservation for each active or idle mining operation a copy of the approval or amendments to the reclamation plan, as applicable, or a statement that there have been no changes during the previous year, Public Resources Code section 2774(e).
(H) Annual Reports: Surface mining operators shall forward an annual status report to the director of the California department of conservation and the planning director on a date established by the director of the California department of conservation upon forms furnished by the state mining and geology board, Public Resources Code section 2207(a) - (g). (Ord. 768-08, 8-19-2008)