Chapter 17.97
SURFACE MINING AND RECLAMATION
Sections:
17.97.030 Permit and reclamation plan requirements.
17.97.040 Content of reclamation plan.
17.97.010 Purpose and intent.
A. This chapter is adopted pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code Section 2710 et seq.
B. The council hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
C. The council further finds that the reclamation of the mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
D. The council further finds that surface mining takes place in diverse areas where the geologic, topographic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly. (Ord. 527 § 2, 1984)
17.97.020 Exemptions.
The provisions of this chapter shall not apply to:
A. Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster;
B. Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location;
C. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose; and
D. Such other mining operations that the city determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Sections 2714(d) and 2758(c) of the Act. (Ord. 527 § 2, 1984)
17.97.030 Permit and reclamation plan requirements.
A. Except for vested rights as provided for in Section 2776 of the Act and subsections B and C of this Section 17.97.030, no person shall engage in surface mining operations, unless prior to the commencement of such operations, a surface mining permit has been issued and approval has been obtained for a reclamation plan under the provisions of this chapter and in accordance with the Act. Applications for a permit shall be filed with the planning commission under Chapter 17.60 of this code. Reclamation plan applications shall be submitted concurrently on forms provided by the planning commission and shall be accompanied by a fee in an amount established by resolution of the city council. The State Geologist shall be notified of all applications.
B. No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit under this chapter as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have vested rights if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.
C. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall within six months after the effective date of this chapter submit to the city for approval a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976 and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. The reclamation plan shall be heard and acted upon by the city within twelve months after it is filed. (Ord. 527 § 2, 1984)
17.97.040 Content of reclamation plan.
A. The reclamation plan shall include the following information and documents.
1. The name and address of the operator and the names and addresses of any persons designated as agents for the service of process.
2. The anticipated quantity and type of minerals for which the surface mining operation is to be conducted.
3. The proposed dates for the initiation and termination of such operation.
4. The maximum anticipated depth of the surface mining operation.
5. The size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such 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 such lands, the location of all proposed access roads to be constructed in conducting such operation, and the names and addresses of the owners of all surface and mineral interests of such lands.
6. A description of and 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.
7. A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses.
8. A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including:
a. A description of the manner in which contaminants will be controlled, and mining waste will be disposed; and
b. A description of the manner in which rehabilitation of affected streamed channels and streambanks to a condition minimizing erosion and sedimentation will occur.
9. An assessment of the effect of implementation of the reclamation plan on future mining in the area.
10. A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan.
11. Any other information which the planning commission may require.
B. The reclamation plan shall be applicable to a specific piece of property or properties, and shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities. (Ord. 527 § 2, 1984)
17.97.050 Review procedure.
The surface mining permit application and the reclamation plan shall be noticed and heard concurrently by the planning commission in accordance with the provisions of Chapter 17.60, beginning with Section 17.60.010 through Section 17.60.090 inclusive. (Ord. 613 § 2, 1988: Ord. 527 § 2, 1984)
17.97.060 Undertaking.
Upon a finding by the planning commission that an undertaking for the reclamation of the mined land is necessary, and upon a determination of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other undertaking authorized under C.C.P. 995.710 conditioned upon the faithful performance of the reclamation plan shall be filed with the city. Each undertaking shall be executed in favor of the city and reviewed biannually and as necessary, revised. Such undertaking shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two year period, or other reasonable term. (Ord. 527 § 2, 1984)
17.97.070 Public records.
Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines by the city. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Act. (Ord. 527 § 2, 1984)
17.97.080 Periodic review.
As a condition of approval of the permit or the reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan. Such inspections shall be made by the city and the permit holder shall reimburse city for any cost and expense incurred by it. (Ord. 527 § 2, 1984)
17.97.090 Amendments.
A. Amendments to an approved reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the city.
B. Amendments to an approved reclamation plan shall be approved by the same procedure as prescribed for approval of a reclamation plan. (Ord. 527 § 2, 1984)