HomeMy WebLinkAboutMODEL SMARA ORDINANCEedo"�
MODEL SMARA ORDINANCE
for use by City and County "lead agencies"
Chapter
Surface Mining and Reclamation.
Sections:
1.0
Purpose and Intent
2.0
Definitions
3.0
Incorporation by Reference
4.0
Scope
5.0
Vested Rights
6.0
Process
7.0
Standards for Reclamation
8.0
Statement of Responsibility
9.0.
Findings for Approval
10.0
Financial Assurances
11.0
Interim Management Plans
12.0
Annual Report Requirements
13.0
Inspections
14.0
Violations and Penalties
15.0
Appeals
16.0
Fees
17.0
Mineral Resource Protection
18.0
Severability
19.0
Effective Date
.NOTE: This model was adopted by the State Mining and 'Geology'Board.ori'May:9,.1'996 aiid 11'4rite'»ded:::_
for use by City and County lead agencies desiring assistance in developing. their `SMARA ordinance,t:: ;'While
this model contains each of the elements required to be in a SMARA ordinance,. as -w'e'll as -some additioiicl:' :
elements common to ordinances utilized statewide, it should -be appropriately modified to reflect local.:':::;:'::::
conditions and practices. Some provisions may not be applicable to some lead agencies: -The We oj. lis
model by a lead agency is discretionary, and its form is not mandated by law. '
i0"�
Model SMARA Ordinance
Page, 2
§1.0 Purpose and Intent
The City/County of recognizes that the extraction of minerals is
essential to the continued economic well-being of the City/County and to the needs of
society and that the reclamation of mined lands is necessary to prevent or minimize adverse
effects on'the environment and to protect the public health and safety. The City/CountY
also recognizes that surface mining takes place in diverse areas where the geologic,
topographic, climatic, biological, and social conditions are significantly different and that
reclamation operations and the specifications therefore may vary accordingly.
The purpose and intent of this Chapter is to ensure the continued availability of
important mineral resources, while regulating surface mining operations as required by
California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections
2710 et seq.), as amended, hereinafter referred to as "SMARA", Public Resources Code
(PRC) Section 2207 (relating to annual reporting requirements), and State Mining and
Geology Board regulations (hereinafter referred to as "State regulations") for surface mining
and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter
8, Subchapter 1, Sections 3500 et seq.), to ensure that:
(a) Adverse environmental effects are prevented ed�and that mined ands
are reclaimed to a usable condition which is readily ad4table for alternative land uses.
(b) The production and conservation -of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife, range and forage, and
aesthetic enjoyment.
(c) Residual hazards to the public health and safety are eliminated.
§2.0 Definitions
The definitions set forth in this section shall govern the construction of this chapter.
Area of Regional Significance. An area designated by the State Mining and Geology
Board which is known to contain a deposit of minerals, the extraction of which is judged to
be of prime importance in meeting future needs for minerals in a particular region of the State
within which the minerals are located and which, if prematurely developed for alternate
incompatible land uses, could result in the premature loss of minerals that are of more than
local significance.
Area of Statewide Significance. An area designated by the Board which is known to
contain a deposit of minerals, the extraction of which is judged to be of prime importance in
meeting future needs for minerals in the State and which, if prematurely developed for
alternate incompatible land uses, could result in the permanent loss of minerals that are of
more than local or regional significance.
/00*1 'Almlbl).
Model SMARA Ordinance
Page 3
Borrow Pits. Excavations created by the surface mining of rock, unconsolidated ✓
geologic deposits or soil to provide material (borrow) for fill elsewhere.
Compatible Land Uses. 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.
Haul Road. A road along which material is transported from the area of excavation to ✓
the processing plant or stock pile area of the surface mining operation.
Idle. Surface mining operations curtailed for a period of one year or more, by more
than 94 percent of the operation's previous maximum annual mineral production, with the
intent to resume those surface mining operations at a future date.
Incompatible Land Uses. 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.
Mined Lands. The surface, subsurface, and ground water 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.
Minerals. 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, cea}; peat, a , but excluding geothermal resources,
natural gas, and petroleum. fir^
1
Operator. Any person who is engaged in surface mining operations, or who contracts
with others to conduct operations on his/her behalf, except a person who is engaged in surface
mining operations as an employee with wages as his/her sole compensation.
Reclamation. 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
t�
Model SMARA Ordinance
Page 4
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,
resoiling, revegetation, soil compaction, stabilization, or other measures.
Stream Bed Skimming. Excavation of sand and gravel from stream bed deposits V
above the mean summer water level or stream bottom, whichever is higher.
Surface Mining Operations.. 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 include, but are not limited to, inplace distillation or retorting or leaching, the _
production and disposal of mining waste, prospecting and exploratory activities, borrow
pitting, streambed skimming, and segregation and stockpiling of mined materials (and
recovery of same).
§3.0 Incorporation by Reference
The provisions of SMARA (PRC §2710 et seq.), PRC Section 2207, and State,
regulations CCR §3500. et seq., as those provisions and regulations may be amended from �.---
time to time, are made a part of this Chapter by reference with the same force and effect as if
the provisions therein were specifically and fully set out herein, excepting that when the
provisions of this Chapter are more restrictive than correlative State provisions, this Chapter
shall prevail.
§4.0 Scope
Except as provided in this Chapter, no person shall conduct surface mining operations
unless a permit, Reclamation Plan, and financial assurances for reclamation have first been
approved by the City/County. Any applicable exemption from this requirement does not
automatically exempt a project or activity from the application of other regulations,
ordinances or policies of the City/County, including but not limited to, the application of
CEQA, the requirement of Site Approvals or other permits, the payment of development
impact fees, or the imposition of other. dedications and exactions as may be permitted under
the law. The provisions of this Chapter shall apply to all lands within the City/Coun ,
public and private.
This Chapter shall not apply to the following activities, subject to the above -referenced
exceptions:
(a) Excavations or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster.
Model SMARA Ordinance
Page S
(b) Onsite excavation and onsite earthmoving activities which are an integral and
necessary part of "a construction project that are undertaken to prepare a site for construction
of structures, landscaping, or other land improvements, including the related excavation,
grading, compaction, or the creation of fills, road cuts, and embankments, whether or not
surplus materials are exported from the site, subject to. all of the following conditions:
(1) All required permits for the construction, landscaping, or related land
improvements have been approved by a public agency in accordance with applicable
provisions of state law and locally adopted plans and ordinances, including, but not limited to,
the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13,
§21000 et seq.).
• (2) The City/County's approval of the construction project included' consideration of
the onsite excavation and onsite earthmoving activities pursuant to CEQA.
(3) The approved construction project is consistent with the. general plan or zoning of
the site.
(4) Surplus materials shall not be exported from the site unless and until actual
construction work has commenced and shall cease if it is determined that construction
activities have terminated, have been indefinitely suspended, or are no longer being actively
pursued.
(c) Operation of a plant site used for mineral processing, including associated onsite
structures, equipment, machines, tools, or other materials, including the onsite stockpiling and
onsite recovery of mined materials, subject to all of the following conditions:
(1) The plant site is located on lands designated for industrial or commercial uses in
the City/County's general plan.
(2) The plant site is located on lands zoned industrial or commercial, or are contained
within a zoning category intended exclusively for industrial activities by the City/County.
(3) None of the minerals being processed are being extracted onsite.
(4) All reclamation work has been completed pursuant to the approved Reclamation
Plan for any mineral extraction activities that occurred onsite after January 1, 1976.
(d) Prospecting for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than 1,000 cubic yards in any one location of
one acre or less.
. r
Model SMARA Ordinance
Page 6
(e) Surface mining operations that are required by federal law in order to protect a
mining claim, if those operations are conducted solely for that purpose.
(f) Any other surface mining operations that the State Mining and Geology Board
determines to be of an infrequent nature and which involve only minor surface disturbances.
(g) The solar evaporation of sea water or bay water for the production of salt and
related minerals.
(h) Emergency excavations or grading conducted by the Department of Water
Resources or.the Reclamation Board for the purpose of averting, alleviating, repairing, or
restoring damage to property due to imminent or recent floods, disasters, or other
emergencies.
(i) Road construction and maintenance for timber or forest operations if the land is
owned by the 'same person or entity, and if the excavation is conducted adjacent to timber or
forest operation roads. This exemption is only available if slope stability and erosion are
controlled in accordance with Board regulations and, upon closure of the site, the person
closing the site implements, where necessary, revegetation measures and postclosure uses in
consultation with the Department of Forestry and Fire Protection. This exemption does not
apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse
or 75 feet .of a Class Two watercourse, or to excavations for materials that are, or have been,
sold for commercial purposes.
§5.0 Vested Rights
No person who obtained a vested right to conduct surface mining operations prior to
January 1, 1976, shall be required to secure a permit to mine, so long as the vested right
continues and as long as no substantial changes have been made in the operation except in
accordance with SMARA, State regulations, and this Chapter. Where a person with vested X1.9 1�r
rights has continued surface mining in the same area subsequent to January 1, 1976, he shall
obtain Cid/Coun!/Count approval of a Reclamation Plan covering the mined lands disturbed by .8
such subsequent surface mining. In those cases where an overlap exists (in the horizontal
and/or vertical sense) between pre- and post -Act mining, the Reclamation Plan shall call for
'r
reclamation proportional to that disturbance caused by the mining after the effective date of�.�
the Act (January 1, 1976).
All other requirements of State law and this Chapter shall apply to vested mining
operations.
(Note: Section 5.0 may be eliminated in jurisdictions processing only post Act mining operation applications.)
i t • v
Model SMARA Ordinance i��� • �� �;C�^G� 10
Page 7 ,- i C�`' C -'r
§6.0 Process �� �•
(a) Applications for a(Site Approval)or Reclamation Plan for surface mining or land
reclamation projects shall be made on forms provided by the Planning Department. Said
accord with this Cha to be established by the
application shall be filed in a ter and procedures p p
Planning Director. The forms for Reclamation Plan applications shall require, at a minimum,
each of the elements required by SMARA (§2772-2773) and State regulations, and any other
requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed,-
Reclamation Plan, to be established at the discretion of the Planning Director. As many (?w -z'\.+'
copies of the Site Approval application as may be required by the Planning Director shall be o-; .a, ;Ai
submitted to the Planning Department.
(b) As many copies of a Reclamation Plan application as may be required shall be
submitted in conjunction with all applications for Site Approvals for surface mining
operations. For surface mining operations that are exempt from a Site Approval pursuant to
this Chapter, the Reclamation Plan application shall include information concerning the
mining operation that is required for processing the Reclamation Plan. All documentation for
the Reclamation Plan shall be submitted to the City/County_ at one time.
(c) Applications -shall include all required environmental review forms and
information prescribed by the Planning Director.
(d) Upon completion of the environmental review procedure and filing of all
documents required by the Planning Director, consideration of the Site Approval or
Reclamation Plan for the proposed or existing surface mine shall be completed pursuant to
Section of the Code at a public hearing before the Planning Commission,
and pursuant to Section 2774 of the Public Resources Code.
(e) Within thirty (30) days of acceptance of an application for a Site Approval for
surface mining operations and/or a Reclamation Plan as complete, the Planning Department
shall notify the State Department of Conservation of the filing of the application(s).
Whenever mining operations are proposed in the 100 -year flood plain of any stream, as shown
in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management
Agency, and within one mile, upstream or downstream, of any state highway bridge, the,--.
Planning Department shall also notify the State Department of Transportation that the
application has been received.
(f) The Planning Department shall process the application(s) through environmental
review pursuant to the California Environmental Quality Act (Public Resources Code Sections
21000 et seq.) and the City/Counter's environmental review guidelines.
,/061�
Model SMARA Ordinance
Page 8
(g) Subsequent to the appropriate environmental review, the Planning Department
shall prepare a staff report with recommendations for consideration by the Planning
Commission.
(h) The Planning Commission shall hold at least one noticed public hearing on the
Site Approval and/or Reclamation Plan.
(i) Prior to final approval of a Reclamation Plan, financial assurances (as provided in
this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the
Planning Commission shall certify .to the State Department of Conservation that the
Reclamation Plan and/or if nancial assurance complies with the applicable requirements of
State law, and submit the plan, assurance, or amendments to the State Department of
Conservation for review. The Planning Commission may conceptually approve the
Reclamation Plan and financial assurance before submittal to the State Department of
Conservation. If a Site Approval is being processed concurrently with the Reclamation Plan,
the Planning Commission may simultaneously also conceptually approve the Site Approval.
However, the Planning Commission may defer action on the Site Approval until taking final
action on the Reclamation Plan and financial assurances. If necessary to comply with permit
processing deadlines, the Planning Commission may conditionally approve the Site Approval
with the condition that the Planning Department shall not issue the Site Approval for the -�
mining operations until cost estimates for financial assurances have been reviewed by the
State Department of Conservation and final action has been taken on -the Reclamation Plan
and financial assurances.
Pursuant to PRC §2774(d), the State Department of Conservation shall be given 30
days to review and comment on the Reclamation Plan and 45 days to review and comment on
the financial assurance. The Planning Commission shall evaluate written comments received,
if any, from the State Department of Conservation during the comment periods. Staff shall
prepare a written response describing the disposition of the major issues raised by the State
for the Planning Commission's approval. In particular, when the Planning Commission's
position is at variance with the recommendations and objections raised in the State's
comments, the written response shall address, in detail, why specific comments and
suggestions were not accepted. Copies of any written comments received and responses �~
prepared by the Planning Commission shall be promptly forwarded to the operator/applicant.
0) The Planning Commission shall then take action to approve, conditionally approve,
or deny the Site Approval and/or Reclamation Plan, and to approve the financial assurances
pursuant to PRC §2770(d).
(k) The Planning Department shall forward a copy of each approved Site Approval
for mining operations and/or approved Reclamation Plan, and a copy of the approved
financial assurances to the State Department of Conservation. By July 1 of each year, the
Planning Department shall submit to the State Department of Conservation for each active or �"
Model SMARA Ordinance
Page 9
idle mining operation a copy of the Site Approval or Reclamation Plan amendments, as
applicable, or a statement that there have been no changes during the previous year.
§7.0 Standards for Reclamation
(a) All Reclamation Plans shall comply with the provisions of SMARA (§2772 and
§2773) and State regulations (CCR §3500-3505). Reclamation Plans approved after January
15, 1993, Reclamation Plans for proposed new mining operations, and any substantial
amendments to previously approved Reclamation Plans, shall also comply with the
requirements for reclamation performance standards (CCR §3700-3713).
(b) The City/C. oun1y may impose additional performance standards as developed
either in review of individual projects, as warranted, or through the formulation and adoption
of City/Countywide performance standards.
(c) Reclamation activities shall be initiated at the earliest possible time on those
portions of the mined lands that will not be subject to further disturbance. Interim
reclamation may also be required for mined lands that have been disturbed and that may be
disturbed again in future operations. Reclamation may be done on an annual basis, in stages
compatible with continuing operations, or on completion of all excavation, removal, or fill, as
approved by the City/Count . Each phase of reclamation shall be specifically described in
the Reclamation._P.1an_and--shall`include (a) -,the -beginning --and expected ending dates for each
phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific
reclamation activities; and (d) estimated costs for completion of each phase of reclamation. %
§8.0 tatement of Responsibility
The person submitting the Reclamation Plan shall sign a statement accepting
responsibility for reclaiming the mined lands in accordance with the Reclamation Plan. Said
statement shall be kept by the Planning Department in the mining operation's permanent
record. Upon sale or transfer of the operation, the new operator shall submit a signed
statement of responsibility to the Planning Department for placement in the permanent record.
§9.0 Findings for Approval
(a) Site Approvals. In addition to any findings required by the City/County
Code, Site Approvals for surface mining operations shall include a finding that
the project complies with the provisions of SMARA and State regulations.
(b) Reclamation Plans. For Reclamation Plans, the following findings shall be
required:
(1) That the Reclamation Plan complies with SMARA Sections 2772 and 2773, and
any other applicable provisions;
Model SMARA Ordinance ��.� _ ..,. r� ` �•.- �-`• , c =a .
Page 10 J
(2) That the Reclamation Plan complies with applicable requirements of State
regulations (CCR §3500-3505, and §3700-3713).
(3) That the Reclamation Plan and potential use of reclaimed land pursuant to the
plan are consistent with this Chapter and the City/County's General Plan -and any applicable
resource plan or element.
(4) That the Reclamation Plan has been reviewed pursuant to CEQA and the
City/County's environmental review guidelines, and all significant adverse impacts from
reclamation of the surface mining operations are mitigated to the maximum extent feasible.
(5) That the land and/or resources such as water bodies to be reclaimed will be
_ restored to a condition that is compatible with, and blends in with, the surrounding natural
environment, topography, and other resources, or that suitable off-site development will
compensate for related disturbance to resource values.
(6) That the Reclamation Plan will restore the mined lands to a usable condition
which is readily adaptable for alternative land uses consistent with the General Plan and
applicable resource plan.
(7) That a written response to the State Department of Conservation has been
prepared, describing the disposition of major issues raised by that Department. Where the
City/County's position is at variance with the recommendations and objections raised by 7_�:
,
State Department of Conservation, said response shall address, in detail, why specific
comments and suggestions were not accepted. �•�'��
§10.0 Financial Assurances
(a) To ensure that reclamation will proceed in -accordance with the approved .
Reclamation Plan, the City/County, shall require as a condition of approval security which
will be released upon satisfactory performance. The applicant may pose security in the form
of a surety bond, trust fund, irrevocable letter of credit from an accredited financial
institution, or other method acceptable to the City/County and the State Mining and Geology
Board as specified in State regulations, and which the City/County reasonably determines
are adequate to perform reclamation in accordance with the surface mining operation's
approved Reclamation Plan. Financial assurances shall be made payable to the CiIY/CounIY
of Ex� and the State Department of Conservation.
(b) Financial assurances will be required to ensure compliance with elements of the
Reclamation Plan, including but not limited to, revegetation and landscaping requirements,
restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope
stability and erosion and drainage control, disposal of hazardous materials, and other
measures, if necessary. -
G-
�,t' c Cost estimates for the financial assurance shall be submitted to the Planning
Departmen for review and approval prior to the operator securing financial assurances. The
Planning Director shall forward a copy of the cost estimates, together with any documentation
received supporting the amount of the cost estimates, to the State Department of Conservation
Model SMARA Ordinance
Page 11
for review. If the State Department of Conservation does not comment within 45 da s f
receipt of these estimates, it shall be assumed that the cost estimates are adequi e, unless the
City/County has reason to determine that additional costs may be incurred. The Planning
Director shall have the discretion to approve the financial assurance if it meets the
requirements of this Chapter, SMARA, and State regulations.
(d) The amount of the financial assurance shall be based upon the estimated costs of
reclamation for the years or phases stipulated in the approved Reclamation Plan, including
any maintenance of reclaimed areas as may be required, subject to adjustment for the actual
amount required to reclaim lands disturbed by surface mining activities since
Janu1, 1976, and new lands to be disturbed by surface mining activities in the upcoming
year. Cost estimates should be prepared by a California registered Professional Engineer
and/or other similarly licensed and qualified professionals retained by the operator and
approved by the Planning Directo,I The estimated amount of the financial assurance shall be
based on an analysis of physical activities necessary to implement the approved Reclamation
Plan, the unit costs for each of these activities, the number of units of each of these activities,
and the actual administrative costs. Financial assurances to ensure compliance with
revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any
other applicable element of the approved Reclamation Plan shall be based upon cost estimates
that include but may not be limited to labor, equipment, materials, mobilization of equipment,
administration, and reasonable profit by a commercial operator other than the permittee. A
contingency factor' of ten percent (10%) shall be added to the cost of financial assurances..
(e) In projecting the costs of financial assurances, it shall be assumed without
prejudice or insinuation that the surface mining operation could be abandoned by the operator
and, consequently, the City/County or State Department of Conservation may need to
contract with a third party commercial company for reclamation of the site.
(f) The financial assurances shall remain in effect for the duration of the surface
mining operation and any additional period until reclamation is completed (including any
maintenance required).
(g) The amount of financial assurances required of a surface mining operation for any
one year shall be adjusted annually to account for new lands disturbed by surface mining
operations, inflation, and reclamation of lands accomplished in accordance with the approved
Reclamation Plan. The financial assurances shall include estimates to cover reclamation for
existing conditions and anticipated activities during the upcoming year, excepting that the
permittee may not claim credit for reclamation scheduled for completion during the coming
year. an. 6 L ,
(h) Revisions to financial assurances shall be submitted to the Planning Director each
year prior to the anniversary date for approval of the financial assurances. The financial
assurance shall cover the cost of existing disturbance and anticipated activities for the next'
calendar year, including any required interim reclamation. If revisions to the financial
assurances are not required, the operator shall explain, in writing, why revisions are not
required.
V
ka
Model SMARA Ordinance
Page 12
-17
§11.0 Interim Management Plans
4 a. i
(a) Within 90 days of a surface mining operation becoming ,i.dle, the operator shall
submit to the Planning Department a proposed Interim Management Plan ). The
proposed IMP shall fully comply with the re ARA, including but not limited
to all Site Approval conditions, and shall provide measures the operator will implement to
maintain the site in a stable condition, .taking into consideration public health and safety. The
proposed IMP shall be submitted on forms. provided by the Planning Department, and shall be
processed as an amendment to the Reclamation Plan. EvIPs shall not be considered a project•
for the purposes of environmental review.
(b) Financial assurances for idle operations shall be maintained as though the
operation were active, or as otherwise approved through the idle mine's IM[P.
(c) Upon receipt of a complete proposed IMP, the Planning Department shall forward
the IMP to the State Department of Conservation for review. The HVIP shall be submitted to
the State Department of Conservation at least 30 days prior to approval by the Planning
Commission.
(d) Within 60 days of receipt of the proposed IMP, or a longer period mutually
agreed upon by the Planning Director and the operator, the Planning Commission shall review
and approve or deny the IMP in accordance with this Chapter. The operator shall have thirty
(30) days, or a longer period mutually agreed upon by the operator and the Planning Director,
to submit a revised IMP. The Planning Commission shall approve or deny the revised EAP
within sixty (60) days of receipt. If the Planning Commission denies the revised IlV:P, the
operator may appeal that action to the City Council/Board of Supervisors.
(e) The IMP may remain in effect for a period not to exceed five years, at which time
the Planning Commission may renew the IMP for another period not to exceed five years, or
require the surface mining operator to commence reclamation in accordance with its approved
Reclamation Plan.
l
§12.0 Annual Report Requirements
Surface mining operators shall forward an annual surface mining report to the State
Department of Conservation and to the Ci /County Planning Department on a date
established by the State Department of Conservation, upon forms furnished by the State
Mining and Geology Board. New mining operations shall file an initial surface mining report
and any applicable filing fees with the State Department of Conservation within 30 days of
permit approval, or before commencement of operations, whichever is sooner. Any applicable
fees, together with a copy of the annual inspection report, shall be forwarded to the State
Department of Conservation at the time of filing the annual surface mining report.
§13.0 Inspections
The Planning Department shall arrange for inspection of a surface mining operation
within six months of receipt of the Annual Report required in Section 12, to determine
whether the surface mining operation is in compliance with the approved Site Approval and/or
r, '
v
Model SMARA Ordinance 1('�,.�� ��� ` ,YN�
Page 13
Reclamation Plan, approved financial asst rances, and State regulations. In no event shall less
than one inspection be conducted in any alendar year. Said inspections may be made by a
state -registered geologist, -re istere& civil engineer, state -licensed landscape architect, or
state -registered forester, who is experienced in land reclamation and who has not be
employed by the mining operation in an aci during the previous 12 months or_ather
--gnalired-spe ' is , as se ected
-by the Planning Directo ec ons shall be co du e
using a orm approve and provided by the State Mining and Geology Board.
The Planning Department shall notify the State Department of Conservation within
thirty (30) days of completion of the inspection that said inspection has been conducted, and
shall forward a copy of said inspection notice and any supporting documentation to the
mining operator. The operator shall be solely responsible for the reasonable cost of such
inspection. U>2 Lrc, ko'j'"`c
§14.0 Violations and Penalties CM Yl rt.l'Y�
If the Planning Director, based upon an annual inspection or otherwise confirmed by
an inspection of the mining operation, determines that a surface mining operation is not in
compliance with this Chapter, the applicable Site'Approval, any required permit and/or the
Reclamation Plan, the City/County shall follow the procedures set forth in Public Resources
jY
Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those
provisions of the Citv/County Development Code for revocation and/or abandonment of a SO f"
Site Approval which are not preempted by SMARA. rs�
S
§15.0 Anneals_ vel W -I �. c (r�Jv d
rr VJ .)6pt-
i.
Any person aggrieved by an act or determination of the Planning Department n the
exercise of the authority granted herein, shall have the right to appeal to the Planning
Commission or the City Council/Board of Supervisors, whichever is the next higher
authority. An appeal shall be filed on forms provided, within fifteen (15) calendar days after
the rendition, in writing, of the appealed decision.
(Note: Section 15.0 should be appropriately modified to reflect local appeal procedures. This language has
been provided only as a "placeholder"Jor such provisions.)
§16.0 Fees
The City/County shall establish such fees as it deems necessary to cover the
reasonable costs incurred in implementing this Chapter and the State regulations, including
but not limited to, processing of applications, annual reports, inspections, monitoring,
enforcement and compliance. Such fees shall be paid by the operator, as required by the
City/County, at the time of filing of the Site Approval application, Reclamation Plan
application, and at such other times as are determined by the City/County to be appropriate
in order to ensure that all reasonable costs of implementing this Chapter are borne by the
mining operator.
� v
01)
cS
�� �,r S
/oo�
Model SMAR.A Ordinance
Page 14
§17.0 Mineral Resource Protection
Mine development is encouraged in compatible areas before encroachment of �.
conflicting uses. Mineral resource areas that have been classified by the State Department of
Conservation's Division of Mines and Geology or designated by the State -Mining and
Geology Board, as well as existing surface mining operations that remain in compliance with
the provisions of this Chapter, shall be protected from intrusion by incompatible land uses
that may impede or preclude mineral extraction or processing, to the extent possible for
consistency with the City/Countys General Plan.
In accordance with PRC §2762, the City/C�tv's General Plan and resource maps
will be updated to reflect mineral information (classification and/or designation reports) within
12 months of receipt from the State Mining and Geology Board of such information. Land
use decisions within the City/County will be guided by information provided on the
location of identified mineral resources of regional significance. Conservation and potential ,
development of identified mineral resource areas will be considered and encouraged. 1
Recordation on property titles; of the presence of important mineral resources within the
identified mineral resource areas may be encouraged as a condition of approval of any 1
development project in the impacted area. Prior to approving a use that would otherwise be
incompatible with mineral resource protection, conditions of approval may be applied to
encroaching development projects to minimize potential conflicts.
r'
§18.O Severability
If any section, subsection, sentence, clause or phrase of this Chapter is for any reason
held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it
shall not affect the remaining portions of this Chapter.
§19.0 Effective Date
This Chapter shall take effect thirty (3 0) days following its adoption.
MODEL ORD.03/09/%
if