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Home My WebLink AboutAMENDMENTS TO BUTTE COUNTY'S SURFACE MINING AND RECLAMATION ORDINANCE BCC CHAPTER 13, ARTICLE II POWERPOINT 2011-07-27Amendments to Butte County's Surface Mining and Reclamation Ordinance BCC Chapter 13, Article II Butte County Surface Mining Aggregate Operations Committee July 27, 2011 Pete Calarco, Assistant Director Chris Thomas, Senior Planner Department of Development Services 1 Meetings • December 11, 2008: Planning Commission • April 21, 2009: Board of Supervisors • May 28, 2009: Butte County Operators • June 18, 2009: Butte County Surface Mining Committee • December 10, 2009: Planning Commission • April 26, 2011: Board of Supervisors Responses to Comments • Butte Environmental Council • State Mining and Geology Board • Mark Harrison (Granite Construction) • Representatives for several operators Input on Four Issues • 13-110 Public Hearing: Who makes the determination on discretionary issues? • 13-111 Lapse of Permit: include potential for a mining permit to expire if an operation does not commence within fie years (ten or more with extensions)? • 13-112 Idle Mines/Interim Management Plans: include potential for permit revocation of an abandoned mine? • 13-114 Determination of Vested Rights: include public hearing process for determination of a vested right? Proposed Revisions • New and modified definitions consistent with SMARA (Section 13-103); • Inclusion of a detailed biological assessment of the project site and project footprint in permittreclamation plan application requirements (Sections 105 —108); • SMARA-compliant standards for reclamation and financial assurances (Sectionsl08 and 109); • Clarification of the permit lapse and idle mine sections, with provisions for appeals by operators (Sections 13-111 and 13-112); • A determination of vested rights process (Section 13-114); • Clarification of minor modifications and substantial changes to permits and substantial deviations to reclamation plans (Sections 13-103 and 13-118); • A process for certifying the completion of mining and reclamation (13- 120); and • Mineral resource protection as required by SMARA (Section 13-122). Staff Recommends Inclusion of the Four Sections as Written • 13-110 Public Hearing: Planning Commission continues to make determinations subject to appeal. • 13-111 Lapse of Permit: specifies that a permitted mining operation should commence within five years unless granted an extension by the Planning Commission. • 13-112 Idle Mines/Interim Management Plans: includes provision to suspend, revoke or modify a permit for a mine that has been determined abandoned because it does not have an interim management plan; and • 13-114 Determination of Vested Rights: include public hearing process for determination of a vested right. 5 Issue 1: Who Makes Determination? (Sec. 13-110 Public Hearing) • Option 1 — mining determinations heard only by the Board. • Option 2 — Planning Commission makes recommendation to Board after at least one, noticed public hearing. • Option 3 — Planning Commission makes a determination that can be appealed to the Board. s Issue 1: Who Makes Determination? (Sec. 13-110 Public Hearing) • Planning Commission provides a critical review function — to the extent its role is reduced the Board's work may increase. Operators did not favor the Planning Commission making a recommendation and seemed to prefer that determinations go straight to the Board. Committee appeared to favor the current process — Planning Commission makes determination that may be appealed to Board. Issue 2: Can a permit lapse if operations not commenced within reasonable time? (Section 13-111 Lapse of Permit) • Operations must commence within 5 years (or 14 years — with extension). • If extension is not requested, hearing conducted to determine if permit has lapsed. • Subdivision and Parcel Maps: two years • Use Permits: two years Issue 2: Can a permit lapse if operations not commenced within reasonable time? (Section 13-111 Lapse of Permit) • SMARA does not have a lapse provision; current Section 13-108 allows 5 years. • Lapse provision insures that an operation starts in a reasonable amount of time. • However, five years may not be enough time for a mine to start. • Section 13-111 allows for an extension and allows an operator to appeal a lapse determination. • Subdivision maps, use permits: 2 years with provisions for extensions. Issue 2: What Constitutes a Commenced Operation? (Section 13-111 Lapse of Permit) • The proposed 13-111(a)(3) requires that if an operator declares "Newly Permitted" on the annual production report, an annual commencement status report must be submitted to the County. • When the operator declares "Active," no further annual commencement status reports are required. Commencement status reports establish a record of what's happening at the site leading up to an active operation. 10 Issue 3: Should permit status be considered for an idle mine without an IMP? (Section 13-112 Idle Mines/Interim Management Plans) SMARA requires that an idle mine have an Interim Management Plan (IMP). An idle mine without an IMP for more than one year is abandoned and must be reclaimed. Section 13-112(i): revocation of permit may be considered for an operation declared abandoned under the idle mine statute. Issue 3: Should permit status be considered for an idle mine without an IMP? (Section 13-112 Idle Mines/Interim Management Plans) SMARA does not require any consideration of a permit for an idle mine without an IMP. An operator has objected to the possibility that a permit may be revoked based upon the failure to have an IMP. • Permit enforcement already available in Sec. 13-121. 12 Issue 3: Should permit status be considered for an idle mine without an IMP? (Section 13-112(1) Idle Mines/interim Management Plans) Mine is idle when operations are curtailed for a year or more by more than 90 percent of the previous maximum annual production. Consideration of permit status is intended to insure that conditions at an idle mine without an IMP are: — in compliance with the permit, — not presenting a risk to public safety, and — are not compromising successful reclamation. 13 Issue 4: Should there be a public hearing process for determining a vested right? (Sec. 13-114 Determination of Vested Rigg Provides a public hearing process to determine a vested right to mine (not required by SMARA). • SMARA and Section 13-113(a) do not require a permit for a vested mine. • Sec. 13-114 included in light of in light of Calvert v. County of Yuba (2006) and derives from PRC 3950 (not a part of SMARA). 14 Issue 4: Should there be a public hearing process for determining a vested right? (Sec. 13-114 Determination of Vested Rights) • Objections: 1) Not req u i red by S MARA. 2) The vested rights determination process pertains only to the limited circumstances of the Calvert decision; 3) The potential for all vested mines to be subject to a public hearing process. 15 Issue 4: Should there be a public hearing process for determining a vested right? (Sec. 13-114 Determination of Vested Rights • Staff considers a noticed public hearing process in making a vested right determination appropriate (unless statutorily exempted). • Not all vested mines would be required to undergo a public hearing determination. Mines with prior determinations that indicate the scope of the vested right (e.g., reclamation plans, use permits, written determinations) would not have to undergo the determination process. 16 Issue 4: Should there be a public hearing process for determining a vested right? (Sec. 13-114 Determination of Vested Rights • In Butte County staff is aware of three mines operating under a vested right: — All have reclamation plans; — Two have use permits; and — One has a previous director's determination of its status. • None of the operating vested mines would require a hearing under the proposed Section 13-114. 17 Issue 4: Should there be a public hearing process for determining a vested right? (Sec. 13-114 Determination of Vested Rights • Per comments received at the operators' meeting, Section 13-114 has been revised to be less prescriptive. • 13-114(c)(5) now provides evidence of a vested right that may be submitted. 18 Other Changes • New and modified definitions consistent with SMARA (Section 13-103); • Inclusion of a detailed biological assessment of the project site and project footprint in permittreclamation plan application requirements (Sections 105 —108); • SMARA-compliant standards for reclamation and financial assurances (Sections108 and 109); • Clarification of minor modifications and substantial changes to permits and substantial deviations to reclamation plans (Sections 13-103 and 13-118); • A process for certifying the completion of mining and reclamation (13-120); and • Mineral resource protection as required by SMARA (Section 13-122). 19 Recommendation Provide staff with specific issues and recommendations regarding all issues of concern that will be conveyed to the Board of Supervisors. 20