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HomeMy WebLinkAbout1827Ordinance No. 1827 AN ORDINANCE REPEALING CHAPTER 13 OF THE BUTTE COUNTY CODE AND RE--ENACTING CHAPTER l3 OF THE BUTTE COUNTY CODE 1 { 2' 3'~ 4 ;I fi 8 7 8 9~ 10; E ~1 12c 13 ~.4 Z5` 16; ~7' 18 ~,g; zo 2I 22. 23 24 2S 28 The Butte County Board of Supervisors DO ORDAIN as fo71ows: Section 1. That Chapter 13 of the Butte County Code is hereby amended by adding Article II to read as follows: ARTICLE II 13--101. Purpose and intent. It is the purpose and intent of the Board of Supervisors to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that: (a} Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a useable condition which is readily adaptable for alternative land use. (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. (d} The extraction of minerals is essential to the continued economic well being of the County and to the needs of society, and that reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (e) The reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. ~,, 1 "Mining Waste": Includes the residual of soil, 2 rock, mineral, liquid, vegetation, equipment, machines, tools, $ or other materials or property directly resulting from, or 4`~,~ displaced by, surface mining operations. ~` "Operator": Any person who is engaged in surface 6: mining operations, himself, or who contracts with others to 7 conduct operations on his behalf, except a person who is 8` engaged in surface mining operations as an employee with wages $~ a5 his sole compenastion. s` 10 .' "Overburden": Soil, rock, or other materials that lI', 1ie above a natural mineral deposit or in between deposits, before 12 or after their removal by surface mining opeations. 13 "Permit": Any authorization from, or approval by, 14 the County, the absence of which would preclude surface mining 15E operations. 16' "Person": Any individual, firm, association 1?" corporation, organization, or partnership, or any city, county, ~-$ district, or the state or an,y department or agency thereof. ].9f "Reclamation": The combined process of land treat- 2;~f meat that minimizes water degradation, air pollution, damage'to 211 aquatic or wildlife habitat, flooding, erosion, and other adverse 22` effects from surface mining operations, including adverse ~3` surface effects incidental to underground mines, so that mined ~': lands are reclaimed to a usable condition which is readi1,y ~;~` adaptable for alternate land uses and create no danger to public 2~` health or safety. The process may extend to affected lands '' surrounding mined lands, and may require backfilling, grading, 3. T (f} Surface mining takes place in diverse 2 areas where the geologic, topographic, climatic, biological and 3 .social conditions are significantly different and that reclama- tion operations and the specifications therefor ma,y vary ~ ;accordingly. . g ~,3W_~_02.`~ .Definitions. ~' "Exploration" ar "prospecting" means the search for g' minerals by geological, geophysical, geochemical ar other g techniques, including, but not limited to, sampling, assaying, 10 drilling, or any surface or underground works needed to determine ~~' the type, extent, or quality of minerals present. ~~; "Mined Lands": Includes the surface, subsurface, and ~3'' groundwater of an area in which surface mining operations will ~,~, be, are being, or have been conducted, including private 15 '; ways and roads appurtenant to any such area, land excavations, fig; working, mining waste, and areas in which structures, facilities, 17 equipment, machines, tools, or other materials or property which 18'I~ result from, or are used in, surface mining operations are 19 ': located. 20` "Minerals": Any natura1l,y occurring chemical element 2~. or compound, or groups of elements and compounds, farmed from 22; inorganic processes and organic substances,, including, but not sand, gravel, aggregate, 23 limited ta,/coal, peat, and bitum~naus rack, but excluding geo-- 24'; thermal resources, natural gas, and.~petroleum. 28 ': 2S . . 2. r 1 2 3 4 5 B 7 8 9 10 1 ]. 12' 13 I4 ~.5 16 1'7 1.8 19 20 21 22 2~ 24 2~ 28 recoiling, revegetation, soil compaction, stabilization, or other measure. "State Board": State Mining and Geo1og,y Board, in the Department of Conservation, State of Califonri.a. "State Geologist": Individual holding office as structured in Section 677 of Article 3, Chapter 2 of pi vision 1 of the Public Resources Code. "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, openpit mining of minerals naturally exposed, mining b,y the gauger method, dredging and quarrying, or surface work incident ~to an underground mine. Surface mining operations shall include, abut are not limited to: i {a) In place distillation, retorting or ~1eaching. (b) The production and disposal of mining waste. {c) Prospecting and exploratory activities. 13-103. Sco e. (a) The provisions of this chapter shall ap~iy to the unincorporated areas of Butte County, except National Forest Lands. (b) The provisions of this chapter are not applicable to: 4. 1 (1) Excavations or grading conducted for 2 farming or on-site construction or for the purpose of restoring land following a flood or natural disaster. 4~ (2) Prospecting for, or the extraction~of, g minerals for commercial purposes or the removal of overburden ~~ g~ in total amounts of less than 1,000 cubic yards in any one 7', location of one acre or less. g (3) Surface mining operations that are < <. g~ required by federal Taw in order to protect a mining 10 claim, if such operations are conducted solely for that 11~ purpose. :; 12; (4) Such other mining operations that the ].3` County determines to be of an infrequent nature, and which I4 involve only minor surface disturbances and are categorically 15~ identified by the State Board pursuant to Sections 2714{d) 1B and 2753(c), California Surface Mining and Reclamation Act of 17` 1975. ;r ~8'E 13_=:1,0.4. Permit and Reclamation P1 an Re uirement. ~.9` ~a) Any person, except as provided in Section 20 2776, California Surface Mining and Reclamation Act of 1975, 21~ who proposes to engage in surface mining operations as defined 22 in this chapter, shall, prior to the commencement of such 23' operations, obtain (1) a permit to mine, and (2} approval of a 24, reclamation plan, in accordance with the provisions set forth fig'. in this chapter and as further provided in Article 5 California ~~'; Surface Mining and Reclamation Act of 1975. A fee in the amount 5. E 1 2 3 4 5 6 7 8 9 to 11 12 13 19: 15 16 17 18 19 20 2~. 22 23 24 25 28 of Twenty-five ($25.00) Dollars shall be paid to the Public Works Department at the time of filing. For existing operating mines, a Reclamation Plan shall be filed by May 1, 1978, for Board of Zoninc Adjustment review and approval. The Reclamation Plan shall providE :for the reclamation of the area disturbed by surface mining opera- tions in those portions of the site mined after January 1, 1976. A fee in the amount of Twenty-five ($25.00) Dollars shall be paid to the Public Works department at the time of filing of the Reclamation Plan. R11 applications far a Reclamation Plan for surface. mining ar land reclamation projects, shall be made on forms pro- vided by the Public Works Department, and as provided for by Section 2772 of California Surface Mining and Reclamation Act of 1975. (b) No person who has obtained a vested right to conduct surface mining operations prior to January T, 1976, shall be required to secure a permit pursuant to the provisions of this 'chapter as long as such vested right continues; provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person sha11 be deemed to have such vested rights, if, prior to January 1, 1976, he has, in ,good faith and in reliance upon a permit or other authorization, if such 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 6. l; 2 3 4 5, e 7 8 9 10 I1' 12 13 ; 1~4 15 16 17 18 19 20 21 22 23 24 2S 28 I to a particular operation or the issuance of a permit sha1T not be deemed liabilities for wank or materials. A~'~persan who has obtained a vested .right to conduct 'surface mining operations prior to January 1, 1976 shall submit to the Board of Zoning Adjustment by May 1, 1978 a Reclamation Plan for operations to be conducted after January 1, 7976, unless a Reclamation Plan was approved by the County of Butte prior to :January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with -that plan. Nothing in this ordinance 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. {c} The State Geologist shall be notified of the filing of all permit applications. (d} This ordinance shall be reviewed annually and revised, as necessary, in order to ensure that it is in accordance .with the state policy for mined lands reclamation and to encouraged 'the mining industry of Butte County. 13-105. Application - Review Procedure. The Board` of :Zoning Adjustment shall, in the same manner as provided for in Section 46 of Chapter 24 of this Code, schedule a public hearing within 20 days of the completion of the environmental review procedure and filing of all documents as required by the county Public Works Department. The Board of Zoning Adjustment, on the basis of 7. i 2~ 3 4 5 6 7 8 9 to r~ .; 12 13 34 15 16 17 18 19 20 21 22 23 24 25 28 evidence submitted at the hearing, may approve the Reclamation ~ Plan and grant the mining permit. The determination of the Board of Zoning Adjustment ~sha11 be final unless a written appeal is filed in the same manner as provided for in Section 48 of Chapter 24 .of this Code. 13-106. Performance Bond or Other Security Device. Upon a finding by the Board of Zoning Adjustment that a supple-- menta1 guarantee for the reclamation of the mined land is necessary and upon the determination by the Public Works Department of the cost of the reclamation of the mined land according tb the RecTa-- oration Plan, a reasonable surety bond, lien~on the property or a portion thereof,•or other security guarantee conditioned upon the faithful performance of the Reclamation Plan shall be filed with -the Public Works Department. Such surety shall be executed in 'favor of the County of Butte and reviewed and revised, as necessary, biannually. Such surety shall be maintained in an ', amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended Reclamation Plan during the succeeding two-year period or other reasonable term. 8. K 1' ~ 21, 3' 4 5 8 7 8 9 ~0 I3. r2 ~ ~~ j ~4 ~,5 16 i~ ].8 ~s 24 2I 22 23 24 2S 2B 13-107. Public Records. Reclamation Plans, reports, :applications, and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the county that the release of such information, or part thereof, would reveal production, reserves, or rate of !,depletion entitled to protection as proprietary information. The (applicant shall have the right to identify what, in his opinion, is proprietary information. The county shall identify proprietary information as a separate part of each application. A copy of all permits, Reclamation Plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, sha7.l be furnished to the State Geologist by the .County of Butte. Proprietary information shall be made available Ito persons other than the State Geologist only when authorized by -the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1197. i3-108. Standards. Standards governing the operational aspects of the surface mining activity shall. be as established by (the board of supervisors b,y resolution. 13-109. Periodic Review. As a condition of approval 'for the permit or the Reclamation Plan, or both, periodic inspec- tions of the site by the Public Works Department, shall be made Ito evaluate continuing compliance with the permit and the Reclamation Alan. 9. } t 1 13-110. Amendments. Amendments to an approved 2 `Reclamation Plan may be submitted to the Board of Zoning Adjustment 3 any time, detailing proposed changes from the original plan. 4 :Substantial deviations from the original plan shall not be under- 5 !taken until such amendment has been filed with, and approved by e the Board of Zoning Adjustment. The Board of 7_oning Adjustment 7 .shall set a public hearing in the same manner as is provided far 8 in Section 13-i05. 9 ~ 73-117. Establishment of Minin Committee. A mining 10 `committee shall be established with a member appointed by each I~ "supervisor from the aggregate and mining community of his district; 12 to serve for a two--yeas term. The committee will act as an 13 advisory board to the Public Worl<s Department, Board of Zoning 14 Adjustment and the board of supervisors. Ail matters pertaining 15 to setting of standards and ordinance modifications regarding 16 surface mining will first be referred to this committee for review 17 and recommendation. 18 13-112. Enforcement. The provisions of this chapter 19 shall be enforced by the Public Works Director or any authorized 20 'member of the Public Works Department. The Public Works director 21 ;may suspend the permit for a period not to exceed fifteen days 22 where continuation of the violation will. adversely affect the 23 ~ public, provided however written notification shall have 24 previously been sent to the operator. In the event of a suspen- 2~ sion, or should the Public Works director request disciplinary 26 `action, the Board of Zoning Adjustment sha11 immediately set a la. 1 2 3 .hearing thereon with not less than five days notice to the operator. The Board of Zoning Adjustment, after completion of the hearing, may suspend or revoke the permit, or modify the permit, or may place the operator on probation should the viola- tion found to exist be of a serious nature, adversely affecting the health and welfare of the residents of the county. 9 10 ~.I Yz 13 3.4 15 16 ~ i7 18 ].9 20 21 22 23 24 i 2;5 28 13-113. Appeal. Any person aggrieved b.y an act or determination of Public Works or the Board of Zoning Adjustment in the exercise of the authority granted herein shall have the right to appeal to the Board of Supervisors. Any appeal must Abe filed, on farms provided, within twenty (20) days after the 'rendition, in writing, of the decision, by the 1~ublic Works Director ar Board of Zoning Adjustment. Said appeal shall be .conducted in the same manner as provided for in Section 73-105. 13--114. Transferability. Permits and Reclamation 'Plans issued under provisions of this chapter are transferable and the successor shall be bound by the provisions of the ..approved Reclamation Plan or permit and the provisions of this :.chapter. 13-715. Minor Plan Modifications. Minor Plan :Modifications from an approved Reclamation Plan may be allowed ;.upon request of the operator or applicant, and upon a finding by the Public Works Department that each requested minor plan ::modification is necessary to achieve the prescribed or higher post-mining use of the reclaimed land. 17. 1 73-176. Notwithstanding anything to the contrary 2 herein, this ordinance is intended to cover only the extraction 3' of gravel and aggregate and is not to cover. other mining 4~ operations. 5'- Section 2. That this ordinance sha11 take effect thirty B' {30) days after the date of its adoption, and before the expiratior 7 of f<kfteen {15) days after its passage, it shall be published 8 with the names of the members voting for and against the same in 9 ? the Oraville Mercer ~, a newspaper pub? i shed 3.0'~ in the County of Butte, State of California. I1' PASSED AND ADOPTED by the Butte County Board of f 1~2 Supervisors this 24th day of May 1977, b,y the 13` following vote: I~4; AYES:Supervisors Lemke, Madigan, Winston and Chairman Richter ISM NOES: Supervisor Mose3~ey f 16~ ABSENT: None 17' NOT VOTING: None 18'€ 19 ~ ~~~~~ 'E ERNARD D. RICHTER, Chairman of 20~ the Board of Supervisors 2I` ATTEST: 22~ CLARK A. NELSON, County Clerk ' and ex-officio Clerk of the Board 23' ~4, By L4 - -- 25~ -~ zB` !1 1z.