§ 18.04.080. Reclamation plans.

A.

Except as provided in this chapter, no person shall conduct surface mining operations unless a use permit is obtained from, a reclamation plan has been submitted to and approved by, and financial assurances for reclamation have been approved by, the county for the operation pursuant to this chapter. (PRC Section 2770(a))

B.

The county's review of reclamation plans is limited to whether the plan substantially meets the applicable requirements of PRC Sections 2772 and 2773, and the county surface mining ordinance adopted pursuant to subdivision (a) of PRC Section 2774. Reclamation plans determined to substantially meet these requirements shall be approved by the county for purposes of this chapter. Except as specified in subdivision PRC Section 2770(e) or (i), unless the operator has filed on or before July 1, 1990, an appeal pursuant to subdivision (e) with regard to non-approval of the reclamation plan, and that appeal is pending before the State Mining and Geology Board, the continuation of the surface mining operation is prohibited until a reclamation plan is approved by the county. (PRC Section 2770(d))

C.

The following standards shall apply to all reclamation plans:

1.

State policy shall apply to the conduct of surface mining operations and shall include, but shall not be limited to, measures to be employed by the county in specifying grading, backfilling, re-soiling, revegetation, soil compaction, and other reclamation requirements, and for soil erosion control, water quality and watershed control, waste disposal, and flood control. (PRC Section 2756)

2.

The reclamation plan shall be applicable to a specific piece of property or properties, 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, and shall establish site-specific criteria for evaluating compliance with the approved reclamation plan, including topography, revegetation, and sediment and erosion control. (PRC Section 2773(a))

3.

All reclamation plans shall be subject to the reclamation performance standards in 14 CCR Sections 3700 through 3713. These standards shall apply to each mining operation, but only to the extent that they are consistent with the planned or actual subsequent use or uses of the mining site. (PRC Section 2773(b))

4.

The county may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

D.

The reclamation plan shall be filed with the county on a form provided by the county, by any person who owns, leases, or otherwise controls or operates on all, or any portion of any, mined lands, and who plans to conduct surface mining operations thereon. The reclamation plan shall include the information and documents required under PRC Section 2772 and 14 CCR Section 3502 as listed in the checklist provided by the planning division. Application shall also include environmental review information required under CEQA as prescribed by the director of resource management.

E.

Reclamation plans shall be processed and approved, conditionally approved, or denied according to the process prescribed in Section 17.92.020 of this code including a public hearing, except where preempted by the Public Resources Code.

1.

Reclamation plans determined not to substantially meet the requirements of PRC Sections 2772 and 2773, and the county surface mining ordinance adopted pursuant to subdivision (a) of PRC Section 2774, shall be returned to the operator within sixty days. The operator has sixty days to revise the plan to address identified deficiencies, at which time the revised plan shall be returned to the county for review and approval. (PRC Section 2770d)

2.

Prior to county approval, reclamation plans shall be forwarded to the Department of Conservation and other state agencies pursuant to Section 18.04.130 of this chapter. (Authority PRC Section 2774(c) through (e)) The county shall certify to the Director of the Department of Conservation that the reclamation plan complies with the applicable requirements of Article 1 (commencing with Section 3500) of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as in effect at the time the reclamation plan is submitted to the Director of the Department of Conservation for review. (PRC Section 2774(c))

F.

The decision on a reclamation plan may be appealed according to the process prescribed in Section 17.92.030 of this code.

G.

Prior to approving a reclamation plan, the approving body shall make the following findings:

1.

The project has been reviewed pursuant to CEQA and the county's environmental review guidelines, all adverse impacts related to the reclamation plan have been mitigated by the plan and/or the recommended condition of approval, and the appropriate environmental determination has been adopted;

2.

The reclamation plan complies with the requirements of the State Surface Mining and Reclamation Act of 1975 (SMARA), specifically PRC Code Sections 2772 and 2773, and the Reclamation Standards specified in California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713;

3.

That the reclamation plan has been forwarded to the Department of Conservation pursuant to Section 18.04.130 of this chapter;

4.

The reclamation plan complies with the purpose, intent and requirements of this chapter;

5.

The proposed goal of reclamation is consistent with the general plan policies and the zone district for the area.

H.

If the surface mining operation for which a reclamation plan has been approved is not substantially commenced within two years of the approval date of the reclamation plan, the reclamation plan shall be null and void. An extension of time for an additional year may be granted by the original approving body provided the operator submits a request prior to the expiration of the reclamation plan. Extension of time shall not be granted to extend the date of completion of the reclamation plan.

(Ord. 95-6 § 2 (part), 1995)