§ 18.04.030. Definitions.

As used in this chapter:

"CCR" means the California Code of Regulations.

"CEQA" means the California Environmental Quality Act, Public Resources Code Sections 21000 et seq.

"Compatible land use" means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing and open space. (14 CCR Section 3675) Compatible land uses also include uses that are compatible with the permitted uses and uses requiring a use permit in the mineral resource (MR) district, Chapter 17.12 of this code.

"County" means the county of Shasta, state of California.

"Farming" means agriculture as defined in Section 17.02.055 of this code.

"Idle" means to curtail for a period of one year or more surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. (PRC Section 2727.1)

"Incompatible land use" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial and commercial. (14 CCR Section 3675) Incompatible land uses also include uses that are incompatible with the permitted uses or incompatible with the uses requiring a use permit in the mineral resource (MR) district, Chapter 17.12 of this code.

"Lead agency." The county of Shasta is defined as the lead agency for the purposes of this chapter, and has the primary responsibility for enforcing SMARA. (PRC Section 2774.1(f))

"Mined lands" means and includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located. (PRC Section 2729)

"Mineral" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas and petroleum. (14 CCR Section 3501) For the purpose of this chapter, minerals shall also include but not be limited to sand, gravel, aggregate, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone and rip-rap.

"Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations. (PRC Section 2730)

"Minor modification" means a minor revision of a reclamation plan that is either not a "project," or if a project is one that is ministerial, presents no possible significant environmental effects, or is statutorily or categorically exempt, pursuant to CEQA.

"On-site construction" means a construction activity authorized by a county building permit or grading permit, located on the same parcel as the excavation or grading.

"Operator" means any person who is engaged in surface mining operations, himself or herself, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation. (PRC Section 2731) Operator also means any person who permits others to conduct surface mining operations on his or her property and who receives a financial benefit therefrom.

"Overburden" means soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations. (PRC Section 2732)

"Permit" means any authorization from, or approval by, the county, the absence of which would preclude surface mining operations. (PRC Section 2732.5)

"Person" means any individual, firm, association, corporation, organization or partnership, or any city, county, district of the state or any department or agency thereof. (14 CCR Section 3501)

"PRC" means the State of California Public Resources Code.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, re-soiling, revegetation, soil compaction, stabilization or other measures. (PRC Section 2733)

"SMARA" means the Surface Mining and Reclamation Act of 1975 and subsequent amendments, Public Resources Code Section 2710 et seq.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

1.

In-place distillation or retorting or leaching;

2.

The production and disposal of mining waste;

3.

Prospecting and exploratory activities. (PRC Section 2735)

Surface mining operations shall also include the creation of borrow pits, stream bed skimming, segregation and stockpiling of mined materials (and recovery of same). (14 CCR Section 3501)

(Ord. 95-6 § 2 (part), 1995)