§ 16.16.140. Surface mining permit.

A.

Purpose and Intent. It is the purpose and intent of this section to create and maintain an effective surface mining and reclamation policy as authorized by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.). While the preservation and extraction of economic viable mineral resources has been determined to be in the interests of the people of California by State Legislature, it is also recognized that surface mining activities may result in significant adverse environmental impacts. It is, therefore, the intent of this section to regulate surface mining operations so as to assure that:

1.

The adverse effects of surface mining operations will be prevented or minimized, and that mined lands will be reclaimed to a usable condition that is readily adaptable for alternative land use;

2.

The reclamation of mined land will be carried out in such a way that the continued mining of valuable minerals will not be precluded; and

3.

The production and conservation of minerals will be encouraged, while giving consideration to values related to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment; and that potential residual hazards to the public health and safety will be eliminated.

B.

Authority. The planning commission is authorized to approve surface mining permits and reclamation plans, subject to the appeal provisions of Section 16.12.150. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required.

C.

Applicability.

1.

The provisions of this section shall not apply to:

a.

Excavations or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster;

b.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location. This exemption shall not apply to any single excavation that is greater than one acre in size;

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;

d.

Such other surface mining operations that the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 because they are of an infrequent nature and involve only minor surface disturbances.

2.

Unless exempted by the provisions of this section, no person, firm, corporation or private association shall conduct surface mining operations in the incorporated area of the city without first obtaining a surface mining permit.

D.

Submittal and Review Requirements.

1.

Applications for surface mining permits shall contain the following:

a.

Completed planning application form and required fee and attachments (see also Section 16.12.030);

b.

A mining plan containing information regarding:

i.

Progression of all operations of the facility, including time frames for each phase and the estimated life of the operation,

ii.

Location of equipment, stockpiles, settling ponds, interim drainage, machinery and waste dumps, and areas to be mined,

iii.

Progression of stripping and excavating through the use of cross sections, elevations and topographic maps,

iv.

Time lags between mining and reclamation and equipment siting and removal and/or relocation,

v.

Proposed methods of handling simultaneous excavation and reclamation, if applicable,

vi.

Locations of all streams, roads, sewage disposal systems, water wells and utility facilities within five hundred (500) feet of the site, and the location of all proposed access roads to be constructed in conducting the surface mining operation, and

vii.

Type of and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site, and the amount of waste materials to be disposed of off-site, including the method and location of disposal of the waste materials;

c.

A reclamation plan that shall:

i.

Indicate the methods to be used to reclaim the land following mining operations, including a detailed schedule of the phasing and timing of each stage of reclamation,

ii.

Describe the physical condition of the site upon the completion of all reclamation, including the proposed uses or potential uses of the reclaimed site,

iii.

Contain a map that will delineate, through the use of cross sections and elevations, the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall also be provided clearly indicating the location of the reclaimed land,

iv.

Describe the manner in which abandoned or inoperable machinery, waste materials and scraps will be removed from the reclaimed site, and how contaminants will be controlled,

v.

Describe the methods to be used to ensure that the site will contain stable waste piles and slopes,

vi.

Describe how reclamation of this site may affect the future use of this area for mining purposes,

vii.

Show that the proposed site in its final form will be, to the extent reasonable and practical, revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property.

2.

Upon receipt of a completed application, the planning director shall notify the State Geologist of the filing of request for a surface mining permit. In addition, the planning director shall include the State Geologist in the public hearing notification list.

3.

Review of a surface mining permit application shall be conducted pursuant to Section 16.16.050, conditional use permits.

4.

Following a review of the application and public hearing pursuant to Section 16.12.160 of this title, the planning commission shall adopt a resolution indicating their decision and containing any conditions of approval and the findings of fact upon which such decision is based.

E.

Required Findings. The planning commission may approve a surface mining permit application in whole or in part, with or without conditions, only if all the following findings of fact can be made in an affirmative manner:

1.

The proposed use would not impair the integrity and character of the district in which it is to be established or located.

2.

The proposed site is suitable for the type and intensity of the proposed mining operation.

3.

There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety.

4.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

5.

The proposed use is consistent with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et. seq.).

6.

The mined lands will be reclaimed to a usable condition that is readily adaptable for an alternative land use appropriate to the district within which the site is located.

F.

Periodic Review. As a condition of approval for a mining and reclamation plan, an annual review shall be conducted by the chief building official and city engineer to evaluate and ensure compliance with the plan.

(Ord. 573 Exh. A (part), 2005: prior code § 9-03.070)