§ 18.04.060. Vested mining operations.

A.

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a use permit pursuant to this chapter as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this chapter. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the 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.

The reclamation plan required to be filed under subdivision (b) of PRC Section 2770, shall apply to operations conducted after January 1, 1976, or to be conducted.

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 January 1, 1976. (PRC Section 2776)

B.

Any person with an existing surface mining operation who has vested rights pursuant to PRC Section 2776 and who does not have an approved reclamation plan shall submit a reclamation plan to the county. If a reclamation plan application was not on file by March 31, 1988, the continuation of the surface mining operation is prohibited until a reclamation plan is submitted to the county. For purposes of this chapter, reclamation plans may consist of all or the appropriate sections of any plans or written agreements previously approved by the county or another agency, together with any additional documents needed to substantially meet the requirements of PRC Sections 2772 and 2773 and the county surface mining ordinance, provided that all documents which together were proposed to serve as the reclamation plan are submitted for approval to the county in accordance with this chapter. (PRC Section 2770(b))

C.

Where a person with vested rights continues surface mining in the same area subsequent to January 1, 1976, he or she shall obtain an approval of a reclamation plan covering the mined lands disbursed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan shall call for a reclamation proportional to that disturbance caused by the mining after the effective date of the SMARA. (14 CCR Section 3505(b))

D.

Any area where surface mining operations have taken place subsequent to January 1, 1976, shall be subject to the requirements for reclamation, even if that area was originally disturbed prior to January 1, 1976.

E.

An operator may request a determination of vested rights for a surface mining operation by submitting an application to the county on forms provided by the planning division. In addition to the information required on the planning division master application form, the application for determination of vested rights shall include the following information:

1.

An aerial photograph of the site taken prior to January 1, 1976, if available, showing the area for which a vested rights determination is requested;

2.

A site map showing the horizontal boundaries of acreage of the area for which the determination of vested rights is requested;

3.

Copies of any permits and/or other authorizations for the subject surface mining operation;

4.

Other documentation to establish that the surface mining operations were diligently commenced and substantial liabilities for work and materials necessary therefor were incurred.

F.

The horizontal boundaries of the vested rights shall be determined by the director of resource management based on information presented by the operator to substantiate the vested right. The director of resource management shall evaluate the information presented by the operator. Additional information may be requested by the director of resource management if he or she determines it is needed to evaluate the possible vested rights. The director of resource management shall inform the operator in writing of his or her determination, including the factual findings supporting the decision. The decision of the director of resource management shall include an approved map or plan showing the extent of vested rights. No public notice is required for this determination, which is not subject to CEQA.

G.

Prior to acknowledging a vested right, the director of resource management shall make the finding that the subject surface mining operation conforms to the standard for vested rights in PRC Section 2776.

H.

The decision of the director of resource management shall be appealable to the planning commission. An appeal of the director of resource management's decision shall be filed in the planning division within ten days of the date of the director of resource management's determination. The decision of the planning commission shall be appealable to the board of supervisors. An appeal of the planning commission's decision shall be filed with the clerk of the board of supervisors. Appeals shall be filed within ten calendar days of the dates of the respective decisions.

(Ord. 95-6 § 2 (part), 1995)