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HomeMy WebLinkAbout4035i ,, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 1$ 19 20 21 '' 22 23 24 Ordinance No. •,4.035 AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE II OF CHAPTER 13 OF THE BUTTE COUNTY CODE REGARDING SURFACE MINING AND RECLAMATION AND AMENDING SECTION 24-45.25 OF CHAPTER 24 OF THE BUTTE COUNTY CODE ~ The Board of Supervisors of the County of Butte ordains as follows: SECTION 1. Article Tl, entitled "Surface Mining and Reclamation," of Chapter 13, entitled "Grading and Mining," of the Butte County Code, is hereby repealed. ~ SECTION 2, Article li is added to Chapter 13 of the Butte County Code to read as follows: ~ Article II. Surface Mining and Reclamation. Section 13-101. Purpose and Intent. (a) The purpose of this Article is to comply with and implement the provisions of the California Surface Mining and Reclamation Act of 1975 as amended {the "Act," Public Resources Code Section 2710 et seq.), Public Resources Code ("PRC") Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations for surface mining and reclamation practice (California Code of Regulations, Title 14, Division 2, Chapter $, Subchapter 1, Article 1 (Section 3500 et seq.} and Article 9 (Section 3700 et seq. }, hereinafter referred to as "State regulations") and to impose additional local rules to allow the county to effectively monitor surface mining and reclamation within its jurisdiction. Nothing in this Ord. Repealing & Re-enacting Art. 11 of Ch. 13 and Amending Ch. 24 Page I of 44 1 2 3 4 5 6! 7 8 9 1Q li 12 13 ld 15 lb 17 18 19 20 21 22 23 24 Article is intended to modify or abridge the provisions of that Act. This Article shall be intezpreted in a manner consistent with that Act. The provisions of this Article shall be liberally construed to effectuate its purposes and those of the Act, and they shall be applied in a manner that ensures their constitutionality. {b) The Board of Supervisors finds that surface mining takes place in diverse azeas Where the geOloglC, topographic, climatic, biological, and social conditions are significantly different and that surface mining and reclamation operations and the specifications therefor may vary accordingly. (c) The Board of Supervisors further funds that 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. {d} 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: (1) Adverse environmental effects are prevented or minimized and mined lands are reclaimed to a usable condition that is readily adaptable far alternative land use; (2} The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage lands, and aesthetic enjoyment; (3) Residual hazards to the public health and safety are eliminated; (4) The reclamation of mined lands as provided in this Article will provide for the protection and subsequent beneficial use of the mined and reclaimed land. (e} This Article shall be reviewed annually and revised, as necessary, in order to Ord. Repealing cP~ Re-enaciing,4rt. II of Ch. 13 and tln~encting C17. 2~ Page 2 of ~1~ 1 2 3 4'' 5 b 7 $ 9 10 11 12 13 14 15 16 17 18' 19 2a 21 22 23 24 ensure that it is in accordance with the State policy for mined lands reclamation and to encourage the mining industry of Butte County. Sec. 13-102. )incorporation by Reference The provisions of the Surface Mining and Reclamation Act {SMARA), Public Resources Code Section 2710 et seq., Public Resources Code Section 2207, and State regulations, 14 CCR, Chapter $, Subchapter 1, Article 1 {Section 3500 et seq.) and Article 9 {Section 3700 et seq.), as those provisions and regulations may be amended from time to time, are made a part of this Article by reference with the same force and effect as ifthe provisions therein were specifically and fully set out herein, excepting that when the provisions of this Article are more restrictive than correlative State provisions, this Article shall prevail. Sec. 13-103. Definitions. Far the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Area of regional significance" means an area or location designated by the State Mining and-Geology Board pursuant to PRC Section 2790 which is known to contain a deposit of minerals, the extraction of which is judged to be of prince importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance. "Area of statewide significance" means an axes designated by the State Mining and Geology Board pursuant to PRC Section 2790 which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance. Ord. Repealing & Re-enacting Rrt. 11 of CIS. 13 and Amending Ch. 24 Page 3 of 44 1 2 3 5 6 7 8 9 10 11 12 13 14 15 1b 17 1$ 19 20 21 22 23 24 "Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow} for fill elsewhere. "Committee" means the five-member Surface Mlning Aggregate Operations Committee created by Resolution 84-197 as subsequently amended by Resolution 99101 or future resolutions. The Committee's purpose is to advise the Board of Supervisors on all matters pertaining to surface mining including, but not limited to, mining permit and reclamation plan applications, financial assurances, and mining operation compliance with this Article and the Surface Mining and Reclamation Act. "Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of the minerals ~ present. "Financial assurance" means the financial guarantee provided by the operator to assure the reclamation of all mined lands in the event of default by the operator. Financial assurances are limited to the following forms per Section 2773.1 of the Public Resources Code: (a} Surety Bonds; {b} Irrevocable letters of credit; (c) Trust funds; and (d) Other forms of financial assurances specified by the State Board pursuant to PRC Section 2773.1 {e). "Idle" means to curtail for a period of one year or more surface mining operations by ~~ more than 90 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" means land uses inherently incompatible with mining and/or ~~ Ord. Repealing & Re-enacting Art. 11 of Ch. I3 and.4mendirrg Ch. 24 Page 4 of 44 that require public or private investment in structures, land improvements, and landscaping and 2 3 4 5 6 7 SI 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 uiait value, public facilities, geographically limited but impact intensive industrial and commercial uses. "Mined lands" includes the surface, subsurface and ground water of an area in which surface mining operations wiIi be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, muting 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" means 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, sand, gravel, aggregate, soil, landscape rock, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. "Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations. "Minor modification" means a change to a mining operation that does not result in a substantial change, as def ned in this section, in the activities allowed by the approved mining permit, or a substantial deviation from the approved reclamation plan as defined by 14 CCR Section 3502(d). A minor modification shall not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects which were not considered or mitigated for in the environmental review conducted for the mining permit approval pursuant to the California Environmental Quality Act. A surface mining operation for Ord Repealing & Re-enact rng Arr, ll of Ch. 13 and Amending Ch. 24 Page 5 of 44 1 2 3 4 5 6 7 S! 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 which a minor modification is approved shall remain incompliance with the terms or conditions of the applicable mining permit and use permit, if required. Examples of minor modifications shall include, but are not limited to, the following: {a) expansion of the depth of extraction by not more than ten percent of the area or depth permitted by the permit and/or reclamation plan; (b} expansion of the area of disturbance by not more than ten percent; {c) minor internal operational changes in order to achieve efficiencies in energy use; (d) minor operational changes to address market fluctuations; (e) minor recontouring of final topography affecting no more than ten percent of the site, provided that slope stability is maintained and substantiated; {~ minor modification or addition of site access including new on-site roads and encroachments directly from the site to a public road, but not including new off-site roads; (g) minor substitution in the reclamation plan such as a substitution in the type and/or number of plant species, minor change in topsoil treatment, etc., provided said change does not substantially alter the intended end-use described in the approved reclamation plan; (h} minor technological or administrative changes in methods used to achieve reclamation; minor modifications to measures necessary to ensure or maintain public safety {for example, fences, gates, signs, or hazard removal), provided such measures do not substantially alter the intended end-use described in the approved reclamation plan; (i) minor modifications to a previously approved phasing plan; and (j} minor modifications to comply with the requirements of other public agencies, provided the requirements are not inconsistent with the applicable mining permit and use permit, ~ if required. "Operator" means any person who is engaged in surface mining operations, himself or Ord. Repealing & Re-enacting frt. 11 of Ch. 13 and AmeMdirrg Cla. 24 Page 6 of 44 herself, or who contracts with others to conduct operations on his or her behalf, except a person 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 who is engaged in surface mining operations as an employee with wages as his or her sole compensation. "Overburden" means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations. "Mining permit" means any authorization from, or approval by, the county under this Article, the absence of which would preclude surface mining operations. "Person" means any individual, firm, association, corporation, organization or partnership, or any city, county, district, or the state or any department or agency thereof. "Reclamation" means 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 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, recoiling, revegetation, soil compaction, stabilization or other measures. "Reclamation plan" means the plan required by Section 13-108 of this Article, and by the Act, as amended, and meeting all the requirements of Sections 2772 and 2773 of the Public Resources Code, state administrative guidelines and regulations adopted pursuant thereto, including, but not limited to, 14 CCR Sections 3500-3505 and Sections 3700-3713, and ordinances and resolutions of the county adopted in accordance therewith. "Special-status species and plant communities" are those plant and animal species and plant communities that are legally protected under the Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. Section 1531 et seg.), California Endangered Species Act (CESA} Ord. Repealing & Re-enacting At-t. 11 of Ch. 13 and Amending Ch. 2~ Page 7 of 99 1 2 3 4 5 6 7. S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 {Cal. Fish & Game Code Section 2050 et seq.), and are typically the focus of avoidance, minimization, and mitigation requirements under the California Environmental Quality Act (CEQA). "State Board" means the State Mining and Geology Board, in the Department of Conservation, State of California. "State Geologist" means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code. "Streambed skimming" means excavation of sand and gravel from streambed deposits above the mean summer water level or stream bottom, whichever is higher. "Substantial change" shall mean a change in a mining operation that: (a} is not a minor modification as defimed in this section; or (b} results in operations causing new significant environmental effects or a substantial increase in the severity of previously identified significant effects which were not considered in the environmental review conducted pursuant to the California Environmental ~ Quality Act; or (c} is not in compliance with the terms or conditions of the applicable mining permit and use permit, if required, including but not limited to terms or conditions relating to the area and depth of disturbance, rate of extraction, hours and days of operation, removal of vegetation, removal of overburden, dust, noise and vibration control, salvaging of top soil and vegetation, and setbacks from property lines, roads, water channels and other features. "Substantial deviation" shall mean a substantial deviation from a reclamation plan, as defined in 14 CCR Section 3502(d). "Surface mining operations" means 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 ~~ Ord. Repealing & Re-enacting,4rt. 11 of Ch. 13 and Amending Ch. 29 Page 8 of 44 1 2 3 5 b 7 8~ 9 i0 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, borrow pitting, stream bed skimming, and segregation or stockpiling of mined materials (and recovery of the same), or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation, retorting ar leaching; (b) The production and disposal of mining waste; (c) Prospecting and exploratory activities; (d} Accessory processing of minerals such as crushing and batch plants. Sec. 13-10~. Scope. (a) The provisions of this Article shall apply to the unincorporated areas of Butte County. (b) The provisions of this Article are not applicable to: (1) Excavations or grading conducted for farming or the immediate excavation or grading of lands affected by a flood or natural disaster for the purpose of restoring those lands to their prior condition; {2) Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project and that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements associated with those structures, 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: a. 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, Ord. Repealing & Re-enacting ~Irt. 11 of Ch. 13 and Amending Ch. 24 Page 9 of -1=1 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 the California Environmental Quality Act (Division 13 of the Public Resources Code, commencing with Section 21000); b. The county's approval ofthe construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to the California Environmental Quality Act {Division i 3 of the Public Resources Code, commencing with Section 21000); c. The approved construction project is consistent with the general plan and zoning of the site; and d. 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 indef nitely suspended, or are no longer being actively pursued. (c) Operation of a plant site used to process mineral materials provided that: {1} the plant and associated stockpiles, equipment and structures are on property designated for industrial or commercial uses by the Butte County General Plan and Zoning Ordinance; (2) there is no onsite extraction of minerals; and {3) any onsite areas disturbed by mining activities after January 1, 1976, have been fully reclaimed pursuant to an approved Reclamation Plan; (d) Prospecting for, or the extraction of, minerals for commercial purposes where the removal of overburden or mineral product totals less than one thousand (1,000) cubic yards in any one location or on any one parcel of real property, and the total surface area disturbed is less ~~ than one acre; {e) Surface mining operations that are required by federal law in order is protect a Ord. Repealing & Re-enacting,4rt. l1 of Ch. 13 and.4mending Ch. 2~ Page 10 of ~~ 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 mining claim, if such operations are conducted solely for that purpose; (f) Such other surface mining operations that the county determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Mining and Geology Board pursuant to Sections 2714{fJ and 275$(c) of the Public Resources Cade; (g} Emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board far the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies; (h) Excavations or grading far the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations and forest management on land owned by the same entity, provided such activities are conducted in compliance with the provisions and restrictions set forth in Public Resources Code Section 2714 ' ~)~ (i} Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with the provisions and restrictions set forth in Public Resources Code Section 2714 (k); (j) Reclamation of lands mined prior to, but not after, January 1, 1976; (k) Surface mining operations conducted pursuant to vested rights obtained prior to January 1, 1976, except as otherwise provided in Section 13-113 of this Article. {l) Where an activity is granted an exception to surface mining and reclamation 'I~ regulations, it may still be subject to other federal, state or local regulations, and permit and review requirements. Sec. 13-105. Permit and Reclamation Plan Application Requirements. Ord Repealing do Re-enacting Art. II of Ch. 13 and Amending Ch. 24 Aage 11 of 44 1 z 3 4 5 6 7 S 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 (a} Application. Except as provided in Public Resources Code Section 2776 and Sections 13-104 and 13-113 of this Article, no person shall conduct surface mining operations unless a mining permit, reclamation plan, and financial assurance have f rst been approved by the county pursuant to this Article and, if required by the applicable zoning regulations, a use permit for mining has been approved pursuant to Chapter 24 of this Code. Any person who proposes to engage in surface mining operations as defined in this Article shall submit an application for a mining permit, reclamation plan, and a use permit (if the zone requires) to the county Department of Development Services, Planning Division. (b) The application shall be on a form approved by the Director of Development Services and furnished by the county and shall be responded to fully and completely, containing all information required by the Act and this Article, as well as a detailed project report, a reclamation plan pursuant to Section 13-108 of this Article, an estimate of financial assurance, as required by Section 13-109 of this Article, and any additional information required by the Planning Division to facilitate an expeditious and fair evaluation of the proposed operations, including but not limited to the following: (1) A description of the proposed project's regional environmental setting; {2) An assessment of the proposed project's geoiagic setting and the soils subject to disturbance, particularly as it may pertain to slope stability, erasion, revegetation and the proposed end use of the site; {3} A biological resources assessment of the parcels containing the proposed maximum area of disturbance, to be conducted by a qualified biologist, describing existing plant communities, wildlife, and the occurrence of, or the potential for occurrence of, special-status plant and wildlife species and plant communities subject to consideration under the California Environmental Quality Act and their relationship to the regional environmental setting; Orcl. Repealing c~ Re-enacting Art. 11 of Ch. 13 and Amending Ch. 24 Page 12 of 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 {q~) The proposed type(s) and maximum quantities of mineral commodities to be extracted; (5) The amount of overburden to be removed; (6} The proposed dates for the initiation and termination of mining operations; {7) The maximum proposed rate of extraction; ($) The proposed method of extraction; (9) The maximum rate of export of material from the site; {i 0) The type of material to be exported; {11) The type of processing that will occur on- and off-site; (12} Assurances that all off site processing will be accomplished in compliance with all applicable laws and regulations; {13) The proposed hours and days of operation on-site; (14) The maximum noise level ofthe mining operations at the property boundaries of the site; (1 S) An estimate of the maximum and average quantities of water to be used in gallons per minute and acre-feet per year, the sources for said maximum and average quantities of water and, if necessary, their method of conveyance to t~.e site; {16) An estimate of the maximum and average amounts and types of wastewater disposed of in gallons per minute and acre-feet per year, including excess processing water, mine drainage, and storm runoff from disturbed or utilized areas; {17) Proposed end-use of the site after reclamation; (18) A plot plan drawn to scale by a California registered Professional Engineer andlor similarly licensed and qualif ed professional and showing all the following information: ~~ Ord. Repealing & Re-enacling Arl. II of Ch. 13 and ,4~nending Ch. 29 Aage 13 of 44 1 2 3 4 5 6 7 8'' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. proposed maximum area o£ disturbance; b. proposed maximum depth of disturbance; c. setbacks; d. interim and final grade slopes; e. location and type of all proposed mining and mining related activities, stockpile areas, on-site processing areas; f. locations of all water bodies, wetlands, riparian habitat areas, oak woodlands, vegetation communities and watercourses, including ephemeral streams, which are on-site or which will be affected; g. locations of proposed and existing wells, if any; and h. locations of proposed points of extraction of surface water from water bodies andlor streams; (19) A vicinity map drawn to scale showing the topography and the locations of parcels, buildings, residences, wells, water bodies, watercourses, including ephemeral streams, within 1,400 feet of the proposed maximum area of disturbance; and (20) A complete reclamation plan pursuant to Section 13-108 of this Article, including pre-reclamation, phased {if any), and post-reclamation plot plans. (c) Filing Fee: Each application shall be accompanied by a filing fee in the amount set forth in the Butte County Master Fee Schedule at the time of application submittal. Sec. 13-106, Application Review Procedure. Upon receipt, the Planning Division shall distribute copies of the mining permit to andlor rovide notice as a licatian reclamation lan and financial assurance cost estima , pp ~ p p required, to the Butte County Public Works Department, the Butte County Environmental Health Division, the Butte County Water Commission, the Committee and responsible agencies, ~I Ord. Repealing & Re-enactingArl. II of Ch. 13 undAnaendirrg CIS. 24 Page 14 of A9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 including but not limited to, the Department of Conservation, the United States Army Corps of Engineers, the Californaia Department of Fish and Game, the California Department of Water Resources and the Central Valley Division ofthe Regional Water Quality Control Board. Whenever mining operations are proposed in the 100-year flood plain for any stream. and within one mile, upstream ar downstream, of any state highway bridge, the Planning Division shall, pursuant to Public Resources Code Section 2770.5, notify the State Department of Transportation, that the application has been received. Within sixty (60) days of the distribution of the permit application, reclamation plan, and financial assurance cast estimate the Committee shall meet to review them and make recommendations to staff The Planning Division shall be responsible fox developing an agenda and setting the time and place for the Committee meeting. Notice for said meeting shall be provided to all property owners whose property fronts on a private road used to access the mine site. Application review by the Planning Division shall not be delayed by an inability to ~ schedule a meeting with the Committee. Sec. 131.07. Initial Stud . Unless it is immediately determined that an Environmental Impact Report is required, the Planning Division will be responsible for conducting the Initial Study to determine the project's status in respect to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. The environmental review shall be conducted consistent with the adopted Butte County Environmental Review Guidelines. Sec. 13-108. Standards for Reclan-ation Plans and Im lementation. (a) A reclamation plan shall comply with the provisions of Public Resources Code Sections 2772 and 2773 and State regulations 14 CCR, Chapter 8, Subchapter 1, Article 1 {Section 3500 et seq.) and Article 9 (Section 3700 et seq.) and shall include a statement that the Ord. Repeali~~g & Re-enacting Art. II of Ch. 13 and A~rrendrng Ch. 2~ Page 15 of ~tA 1 2 3 4 5 6 7 S 9 la 11 12 13 14 15 15 17 i8 19 20 21 22 23 24 person submitting the plan accepts responsibility far reclaiming the mined Lands in accordance with the reclamation plan. Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, any proposed amendments to previously approved reclamation plans determined to be a substantial deviation pursuant to State regulation 14 CCR Section 3502(d), or where an amended reclamation plan is required pursuant to State regulation 14 CCR Section 3502(e}, shall also comply with the State regulation requirements for reclamation performance standards (14 CCR Sections 3700-3713). (b) 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, groundwater, 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. The county may impose additional performance standards as developed in the review of individual projects, as warranted, or through the formulation and adoption of countywide performance standards. The reclamation plan shall i include: (1) The name and address of the surface mining operator and the names and addresses of any persons designated by the operator as an agent for the service of process; (2) The anticipated quantity and type of minerals for which the surface mining operation is to be conducted; (3} A description af, and a plan for, the type of surface mining to be ~~ employed; (4} The proposed dates for the initiation and termination of the surface mining operation; Qj•d. Repealing & Re-enactingRrt. 11 of Ch. 13 and.4~nendingCh. 2~ Page 16 of 44 1 2 3 4 5 b 7 8 9' 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 (5) The maximum anticipated depth of the surface mining operation; (6) The size and legal description of the site that will be affected by the surface mining operation; {7} The names and addresses of all owners of surface interests and mineral interests in the lands that will be affected by the surface mining operation; (8) A description of the general geology of the area and a detailed description of the geology of the area in which surface mining is to be conducted; {9) A description of the nature and sequence of reclamation activities including, but not limited to, such items as landscaping, erosion and sediment control, seeding, fill of low pit areas, shaping of pit floors, management of mined and unminable deposits, original, interim and final rough slopes and grades; {10) An anticipated time schedule that will provide for the completion of d ands so that reclamation can be initiated at the ace minin an each se ment of the mine l surf g g earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation; (11) A description of the disposition of overburden following its removal, whether sold, disposed of off site, or stored on-site. if on~site storage is proposed, the anticipated location, aerial extent and average depth of the stored overburden shall be identified on the reclamation plot plan; (12} A description of the source for and nature of all fill, if any, required for reclamation, and verif cation that all such fill complies with all applicable Regional Water Quality Control Board and California Integrated Waste Management Board regulations ~~ pertaining to fill material; {13) A description of the manner in which reclamation, adequate for the Ord. Repealing & Re-enacting Ai•c. II of Ch. 13 and Amerrclrng Ch. 24 Page 17 of ~4 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 proposed or potential use{s), will be accomplished, including: a. the manner in which contaminants will be controlled, and mining waste disposed; and b. the manner in which affected streambed channels and streambanks ~ will be rehabilitated to a condition minimizing erosion and sedimentation; { 14) An assessment of the effect that implementation of the reclamation plan will have upon the site's remaining unmined resources and future mining in the area; (15) A description of the proposed or potential use{s} of the mined lands after reclamation and evidence that all owners of possessozy interest in the land have been notified of the proposed or potential use(s); (lb) A discussion of the public health and safety in regards to potential public ~ access to the site in its final condition; {17) Criteria for measuring the successful completion of specific reclamation ~ activities; (1 S) Apre-mining operation plot plan, drawn to scale by a California registered Professional Engineer andlor similarly Iicensed and qualified professional, showing the boundaries and topographic details of the site, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, the lands, the location of ail proposed access roads to be constructed in conducting the surface mining operation; {19) Plot plans for each reclamation phase, if any, drawn to scale by a ~~ California registered Professional Engineer andlor similarly licensed and qualified professional; II and {20) Apost-reclamation plot plan drawn to scale by a California registered Professional Engineer and/or similarly licensed and qualified professional, showing the ultimate Ord. Repealing & Re-enacting frt. II of Ch. 13 and A»aerrding Ch. 24 Page I S of 44 zn 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '' 18 19 20 21 22 23 24 physical condition of the site, including, but not lirnited to, the following information: a. boundaries of areas to be reclaimed, including acreage; b. post-reclamation drainage, including direction of flows, erosion and sediment control structures or treatment such as water bars, berms, siltation ponds, and diversions; c. revegetation plan including the names of plant species, size, area and spacing of plants; d. reclaimed ground surface elevation contours, at an appropriate vertical scale; e. all surface openings closed through reclamation; f. buildings, structures, and equipment to be either dismantled and removed from the site or to remain on site and be consistent with the end use; and g. post-mining safety features {e.g. fences, gates, signs}. (c) Reclamation activities shall be initiated at the earliest feasible 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 Sec. 13-109. Financial Assurance. {a} The Board of Supervisors, when taking action pursuant to Section 13-110 of this Article, and the Director of Development Services, when approving annual adjustments in the f nancial assurances amount pursuant to subsection {e} of this section, shall require financial assurances as necessary to conform to the provisions of this Article and with Section 2773.1 of the Public Resources Code. (b) In projecting the costs of financial assurances, it shall be assumed without Ord. Repealing c~c Re-enaetrng tart. 11 of Ch. 13 acrd Arnending CIz. 2=F Page 19 of 44 prejudice or insinuation that the surface mining operation could be abandoned by the operator 2 3 5 6 7 9 10 11 12 13 14 15 16 17 ''. 18 19 20 21 22 23 24 and, consequently, the county or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site. (c) The mine operator or applicant shall submit a good faith calculation estimating the 1~ inancial Assurance amount for reclamation, based on the requirements of Public Resources Code Section 2773.1, the state's Financial Assurance Guidelines, and State regulations 14 CCR Section 3804. Such estimates shall be prepared by a California registered Professional Engineer andlor other similarly licensed or qualified professionals retained by the operator. The estimated amount of the financial assurance shall be based on an analysis of the physical activities necessary to implement the approved reclamation plan including, but not limited to, the costs to a commercial operator other than the permittee of labor, equipment, mobilization of equipment, materials, any maintenance andlor monitoring of reclaimed areas as may be required, the reasonable profit and costs fox administration by a commercial operator other than the permittee, and the administrative costs of the state or county to oversee implementation of the reclamation plan. if the mine operation is phased and the operator provides a phasing program, financial [ assurances can be based on each specific phase. (d) The financial assurances shall remain in effect fox the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance andlor monitoring required). (e) The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually prior to the anniversary date for approval of the financial assurances. The mine operator shall annually submit to the Planning Division a revision of the calculation estimating the financial assurance so that it may be deterrnined what adjustment, if any, should be made by the Director of Development Services in the amount of the financial Ord. Repealing & Re-enacting Aj•t. II of Ch. 13 and Amending Ch. 24 Page 20 of 44 1 2 3 4 5 b 7 8 g'' 10 11 12 13 14 15 16 17 18 19 '' 24 21 22 23 24 assurance. The annual financial assurance cast estimate shall account far the cost of reclamation of existing lands disturbed by and accessory to surface mining operations in accordance with the approved reclamation plan, and shall also account far inflation and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year. .(f} A county employed, state licensed civil engineer and/or other similarly licensed or qualified professional shall be responsible for verifying financial assurance cost estimates so as to guarantee reclamation in accordance with the approved reclamation plan. (g) The Planning Division shall forward a copy of the annual f nancial assurance estimate to the State Department of Conservation for review. if the State Department of Conservation does not comment within forty-five (45} days of receipt of the estimate, it shall be assumed that the estimate is adequate, unless the county has reason to determine that additional costs may be incurred. (h) Financial assurances shall be made payable to the county and the Department of I Conservation. Sec. 13-110. Public Hearing. (a) The Planning Division shall, upon completion of the review process pursuant to ~ Sections 13-106 and 13-107 of this Article, schedule the permit application, including the proposed reclamation plan and financial assurances, refezxed to hereinafter collectively as the "Application," for a public hearing before the Planning Commission. Notice for said meeting shall be given in the same manner as provided for hearings for use permits in Chapter 24 of this Code and shall also be sent to all property owners whose property fronts on a private road used to access the mine site. The Planning Division shall prepare a staff report with recommendations for consideration by the Planning Commission. Ord. Repealing & Re-enacting Art. II of Ch. ]3 and Amending Ch. z=1 Page zl of a~ (b) Prior to the public hearing for a reclamation plan, financial assurances (as 2 3' 4 5 6 7 S 9 10 11 12 13 14 1S 16 17 18 19 24 21 22 23 24 provided in Section 13-109 of this Article) or any amendments to the existing financial assurances or the reclamation plan that constitute substantial deviations from the existing reclamation plan (under Section 13-117 of this Article), the Planning Division shall certify to the State Department of Conservation that the reclamation plan, financial assurances and/or amendment complies with the applicable requirements of State law. Certification pursuant to this subsection is not approval of the Application. The Planning Division shall submit the reclamation plan, financial assurances and/or amendments, and any related document prepared, adapted or certified pursuant to the California Environmental Quality Act, to the State Department of Conservation for review pursuant to PRC Section 2774(d). All documentation for that submission shall be submitted to the Department of Conservation at one time. {c) The director of the State Department of Conservation shall have thirty (30) days from the date of receipt of a reclamation plan or plan amendment and forty-five (45) days from the date of receipt of a financial assurance to prepare written comments, if the director so chooses. The county shall evaluate any written comments received from the director relating to the reclamation plan, plan amendments, or financial assurances within a reasonable amount of time. (d) The county shall prepare a written response to the director's comments describing the disposition of the major issues raised by the director's comments, and submit the county's proposed response to the director at least thirty (30) days prior to approval of the reclamation plan, plan amendment, or f nancial assurance. The county's response to the director's comments shall describe whether the county proposes to adopt the director's comments to the reclamation plan, plan amendment, or financial assurance. if the county does not propose to adopt the director's comments, the county shall specify, in detail, why it proposes not to adopt the Ord. Repealing & Re-enacting Ai•t. II of Ch. 13 and Arnending Ch. 24 Page 22 of 4~ 1 2 3 4 S b 7 8 g' 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 comments. Copies of any written comments received and responses prepared by the county shall be forwarded to the operator. The county shall also give the director at least thirty {30) days' notice of the time, place, and date of the hearing before the lead agency at which time the reclamation plan, plan amendment, or financial assurance is scheduled to be approved. If applicable law requires no hearing, then the county shall provide thirty (30) days notice to the director that it intends to approve the reclamation plan, plan amendment, or financial assurance. The county shall send to the director its final written response to the director's comments within thirty (30} days following its approval of the reclamation plan, plan amendment, or financial assurance during which period the department retains all powers, duties, and authorities under the law. (e) The planning Commission shall hold at least one noticed public hearing, ar as many public hearings as required, to evaluate the Application and, on the basis of evidence submitted at the hearing, may approve, or conditionally approve, the reclamation plan, financial assurance, mining permit and, if required, use permit for mining, if, considering all conditions, modifications, and mitigations, it makes the following findings: (1) an environmental impact report or negative declaration has been prepared, considered, and certified or approved in compliance with the California Environmental Quality ~ Act; (2) all the information required by Section 13-105 and Section 13-108 of this Article has been submitted and considered; and (3} the mining operation, as approved, a. is consistent with the county general plan, b. complies with the criteria for approval of use permits as specified ~~ in Chapter 24 of this Code, as may be necessary; and ~~ Oj•d. Repealing & Re-enacting Art. II of Ch. 13 and Ame~ading Ch. 24 Page 23 of 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. complies with the requirements of this Article, SMARA (PRC Section 2710 et seq.), and State regulations 14 CCR Sections 3500 et seq. and 3700 et seq. {f) If any of said findings (1 }through {3) cannot be made, the Planning Commission shall deny the application. (g} The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code. {h} The Planning Division shall forward a copy o£ each approved mining permit andlor use permit far mining, reclamation plan and financial assurance to the State Department of Conservation and shall record a Notice of Reclamation Plan Approval with the county retarder, pursuant to Public Resources Code Section 2772.7. Said notice shall read: Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the County of Butte, a copy of which is on file with the Planning Division of the Department of Development Services. Sec. 13~11~. Lapse of PermitlCommencemen# Status Reports. {a) Upon approval of the mining permit and the associated use permit for mining, if required, the operator shall commence surface mining operations within ten (10) years from the date of issuance of the permit. Upon said approval the following shall also be required: { 1 } the owner, manager, or other person in charge of any surface mining operation, in compliance with Section 2207 of the Public Resources Code and Section 13-116(a} of this Article, shall, within the first year following approval and no later than July 1, commence forwarding annual reports to the Director of the Department of Conservation and the Planning Division upon forms furnished by the State Board; (2) the county, in compliance with PRC Section 2774(b) and Section 13-1 lb of 1 O~•d Repealing cfc Re-enacting Art. II of Ch. 13 anti Amending Ch. 2~ Page 24 of 49 this Article, shall conduct an inspection of the mining operation within the first year following 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 approval and no later than six (6) months after receiving the surface mining operation's annual report submitted pursuant to Section 2207 of the Public Resources Code and Section 13-116(a) of this Article; (3) if the operator declares the mining operation to be newly permitted -not yet in operation in the annual production report submitted to the Department of Conservation and the county pursuant to Section 2207 of the Public Resources Code and Section 13-115(a) of this Article, the operator shall submit to the Director of Development Services a commencement status report with said annual production report stating whether or not operations have commenced pursuant to the mining permit and associated use permit for mining, if required, and specifying all pertinent activities undertaken in preparation for the commencement of operations. When the operator declares the mining operation to be active for the first time in the annual production report, the mining operation shaIl be considered commenced and the nature and date of the commencement activities shall be specified in a final commencement status report, and no further commencement status reports shall be required. {b} Should operations not commence within ten (10) years from the date of issuance of the permit, the operator may request an extension of five {5} years prior to the expiration of the said ten year period. A request far an extension of the mining permit and use permit for mining, if required, shall be made in writing to the Director of Development Services. (c) Upon consideration of commencement status reports submitted pursuant to Section 13-111(a)(3} of this Article, and upon consideration of why active mining operations have not commenced within ten years, the Director of Development Services shall approve or deny the extension request within sixty (b0) days of receipt of the request. {d) Any person aggrieved by a denial of a request for a five {5}year extension by the Ord. Repealing & Re-enacting Art. 11 of Ch. 13 and Amending Ch. 2~ Page 2.i of ~lA 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 Director of Development Services shall have the right to appeal Upon receipt of a written appeal, the Planning Division shall schedule the appeal for public hearing before the Planning commission in the same manner as provided in Section 13-110 of this Article. {e) The Planning Commission shall hold at least one noticed public hearing, or as many public hearings as may be required, to evaluate the request for a five year extension. The hearing shall be limited to a consideration of the commencement status reports submitted pursuant to Section 13-11 i (a)(3) of this Article and why active mining operations have not commenced within ten years, and the Planning Commission shall take formal action to approve, modify or deny the extension request. The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code. (f) Should operations not commence within said ten {10) years, or within fifteen {15} years if a request for an extension pursuant to Section 13-111(b) of this Article has been approved, the Director of Development Services shall determine whether the mining permit and use permit for mining, if required, have lapsed. In making said determination, the Director shall consider evidence supplied by the operator pursuant to Section 13-111(a}(3) of this Article as to whether or not operations have commenced. (g) if the Director determines that a mining permit and use permit for mining, if required, have lapsed because operations have not commenced within said ten (10) years, or within fifteen (15) years if a request far an extension pursuant to 13~111(b) of this Article has been approved, the operator shall be notified in writing accordingly. Any person aggrieved by a determination by the Director of Development Services that a mining permit and/or use permit for mining, if required, has lapsed shall have the right to appeal. Upon receipt of a written appeal, the Planning Division shall schedule the appeal for public hearing before the Planning Ord. Repealing & Re-enacting A1•t. II of Ch. 13 and Amending Ch..2~ Page 26 of ~~ 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commission in the same manner as provided in Section 13-i 10 of this Article. (h) The Planning Commission, on the basis of evidence submitted at the heazing, and upon fmdings made based upon such evidence, shall take formal action and determine whether or not a mining permit and use permit for mining, if requited, have lapsed because operations have not commenced within said ten (10) years, or within fifteen (15}years if a request for an extension pursuant to Section 13-111(b) of this Article has been approved. {i) The Planning Commission shall, if it determines that the mining permit has not lapsed, consider an additional extension for said reining permit. The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for use permits in Chapter 24 of this Code. Sec. 13-1.1.2. Idle MineslInterim Management Plans. {a) Within ninety (90} days of a surface mining operation becoming idle, as defined in Section 13-103 of this Article and Section 2727.1 of the Public Resources Code, the operator shall submit a proposed interim management plan to the Planning Division for review and approval by the Director of Development Services. The review and approval of an interim management plan shall not be considered a project for purposes of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.}. The intezizn management plan shall be submitted on forms approved by the Planning Division and provided by the county. The approved interim management plan shall be considered an amendment to the mining operation's approved reclamation plan, shall comply with the requirements of Public Resources Code Section 2770(h), and shall include measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety, and in compliance with this Article, all permit conditions of the approved reclamation plan, mining permit and/or mining use permit. Orel. Repealing & Re-enacting Art. II of Ch. 13 and Amending Ch. 2~ Page 27 of 44 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 {b) Upon receipt of a complete proposed interim management plan, the Planning Division shall forward the interim management plan to the Department of Conservation for review. The interim management plan shall be submitted to the Department of Conservation at least thirty {30) days prior to approval by the Director of Development Services. {c) The Director of Development Services shall approve or deny the interim management plan withiun sixty {60) days of receipt of a complete plan or within a longer period mutually agreed upon by the Director of Development Services and the operator. if the interim management plan is denied, the operator shall have thirty {30) days, or a longer period mutually agreed upon by the Director of Development Services and the operator, to submit a revised interim management plan. The Director of Development Services shall approve or deny the revised interim management plan within sixty (60) days of receipt. (d) Any person aggrieved by a denial of a revised interim management plan by the Director of Development Services shall have the right to appeal. Upon receipt of a written appeal, the Planning Division shall schedule the appeal for public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this Article. (e) The Planning Commission shall hold at least one noticed public hearing, or as many public hearings as required, to evaluate the interim management plan and, on the basis of evidence submitted at the hearing, may approve, conditionally approve or deny the interim management plan. The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for in use permits in Chapter 24 of this Code. {f) The Planning Division and such technical specialists as it may deem necessary, shall conduct inspections of each idle mine at least once each calendar year, in accordance with Section 2774(b) of the Public Resources Code to assure compliance with the approved lnterim Management Plan. Ord. Repealing & Re-enacting Aj7. II of Ch. 13 and Amel2ding Ch. 24 Page 28 of 44 1 2 3 4 S 6 7 S'' 9 10 11 12 13 14 15 16 17 1S 19 20 21 22 23 24 (g} The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the Planning Division shall do one of the following: (1) Upon written request from the operator, renew the interim management plan far an additional period not to exceed five (5) years, if the county finds that the operator has complied fully with the interim management plan; (2) Require the operator to commence reclamation in accordance with the approved reclamation plan. (h) The financial assurance required by Section 13-109 of this Article shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after the expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan. (i} Unless review of an interim management plan is pending before the Director of Development Services, a surface mining operation which remains idle for over one year after becoming idle as def ned in Section 13-103 of this Article, without obtaining approval of an interim management plan, shall be considered abandoned, and the Director of Development Services shall give notice of abandonment to the operator, and the operator shall commence and complete reclamation in accordance with the approved Reclamation Plan. Sec. 13-] I3. Vested Rights. (a) No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to this Article and the Act as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this Article. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface Or•d. Repealing 8c Re-enacling Ar•t. II of Ch. 13 and Amending Ch. 24 Page 29 of -~~ 1 2 3 4 5 6 7 8 9'' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 mining operations and incurred substantial liabilities for work and materials necessary for the surface mining operations. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or in obtaining the issuance of a permit shall not be deemed liabilities for work or materials. (b} A "vested right" is the right to conduct a legal use of real property if that right existed lawfully before a zoning or other land use restriction became effective and the use is not in conformity with that restriction when it continues thereafter. A vested mining right, in the surface mining context, may include but shall not be limited to: the area of mine operations, the depth of mine operations, the nature of mining activity, the nature of material extracted, and the quantity of material available for extraction. (c) Where a person with vested rights continues surface mining operations in the same area pursuant to such vested rights established subsequent to January 1, 1976, a reclamation plan is required under subdivision {b) of Section 2770 of the Public Resources Code and Section 13-105 of this Article far those operations conducted after January 1, 1976, or to be conducted. Expansion of surface mining operations after January 1, 1976 may be recognized as a vested nonconforming use under the doctrine of "diminishing assets" as set forth in Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996} 12 Cal. 4th 533. {d} Nothing in this Article 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 and completed prior to January 1, 1976. Sec. 13-1.1.4. Determination of Vested Rights. (a) Any person who claims to have a vested right to conduct surface mining ~~ operations pursuant to Section 13-113 of this Article shall file a Claim of Vested Rights with the Department of Development Services, Planning Division. The burden of proving the existence Ord. Repealing & Re-enacting Art. 11 of Ch. 13 and Amending Ch. 24 Page 30 of 4~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 and extent of the vested right shall be on the claimant. (b) Any person who has received a f nal determination from the county prior to the effective date of this section confirming a vested right to conduct surface mining operations pursuant to Section 13-113 of this Article shall not be required to file a Claim of Vested Rights provided the scope of said operation has not expanded beyond that far which there was objective evidence of an intent to mine at the time of said final determination. Evidence of an intent to mine at the time of said final determination may include, but is not limited to, approval of a Reclamation Plan for the surface mining operation or a conditional use permit for a use accessory to the surface mining operation. (c) The Claim of Vested Rights shall be on a form furnished by the county and shall be responded to fully and completely, containing all information required by the Planning Division to facilitate an evaluation of the claim, including, but not limited to: (1) Name, address, and telephone number of the following persons: a. The claimant, and of any agent for contact or service of notice, if ~ different; b. The property owner(s), if different than the claimant; c. Any lessee, lien holder, or other potential claimant to the vested ~ right(s) asserted; d. The owners of all properties adjacent to the property upon which vested rights are being claimed; and e. Any governmental agency or entity having jurisdiction over the property or the surface mining operations on the property that may be affected by a determination of vested rights. (2) A map depicting the exact location of the property and the area on the Ord. Repealing c~c Re-e,~aeting,4rl. II of Ch. 13 and Amending Ch 24 Page 31 of ~4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1b 17 18 19 20 21 22 23 24 property upon which vested rights are claimed; {3) A legal description of such property; (4) Copies of all documents which the claimant asserts establish title to such property; {S} A written statement, accompanied by a declaration or off davit attesting to its truth and accuracy, indicating the basis for and the scope or scale of the Claim of Vested Rights, including a description ar depiction of the full extent of the area intended to be mined. The claimant may submit with this statement any documentation manifesting that intent and supporting the claim, including, but not limited to: ~' a. Evidence of the period of time, the scope ar the scale of the mining operations previously conducted, including, but not limited to, aerial photographs; b. Proof of substantial liabilities necessarily incurred far work and materials to conduct surface mining operations of the scope or scale claimed; and c. Proof of compliance with all local land use or mining ordinances, regulations, permits, authorizations and entitlements, both existing and prior, that govern or have governed the conduct of surface mining operations upon such property. (d) The filing of a Claim of Vested Right shall be accompanied by a filing fee in the same amount as specified in Section 13-105 (c) afthis Article. {e) Within thirty (30) days of accepting the Claim of Vested Right as complete, the Planning Division shall send copies of it to the Director of the Department of Conservation, the County Public Works Department, the Committee and other responsible agencies, and shall set a Committee meeting to be held within sixty (60) days of the distribution of the Claim. Whenever any of the claimed vested rights are in the 100-year flood plain for any stream and within one mile, upstream or downstream, of any state highway bridge, the Planning Division shall, Ord. Repealing & Re-enacting Art. II of Ch. 13 and ATnendiTTg CIT. 2A Page 32 of 4~ 1 2' 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1S 19- 20 21 22 23 24 pursuant to Public Resources Code Section 2770.5, notify the State Department of Transportation that the Claim has been received. (fj The Committee shall meet to evaluate the Claim and to make a recommendation whether or not the Claim should be honored. Review by the Planning Division shall not be delayed by an inability to schedule a meeting with the Committee. {g} Upon receiving an evaluation of the Clairn and a recommendation from the Committee, the Planning Division shall schedule the Claim for public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this Article. {h} The Planning Commission, an the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall determine whether and to what extent vested rights exist. {i) The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code. {j} A fnal determination recognizing that vested rights exist shall constitute acknowledgment that the specific surface mining operation identified upon the specific property or properties does not require a permit pursuant to this Article and the Act as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this Article. If any recognized vested rights are waived ar abandoned, the surface mining operations identified shall become subject to the permit requirements of this I Article and the Act. [ Sec. 13-115. Public Records. Reclamation plans, reports, financial assurances, financial assurance cost estimates, applications, and other documents submitted pursuant to this Article are public records, unless it ', Oj•d. Repealing & Re-enacting .41.1. II of Ch. 13 and Amending Ch. 2~ Page 33 of 94 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 identify what, in his opinion, is proprietary information at the time said information is submitted. The Planning Division shall maintain proprietary information as a separate part of each application and file. A copy of all permits, reclamation plans, financial assurances, financial assurance cost estimates, reports, applications and other documents submitted pursuant to this Article, including proprietary information, shall be furnished to the Director of the Department of Conservation. by the County of Butte. Proprietary information shall be made available to persons other than the Director of the Department of Conservation only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Public Resources Code. Sec. 13-1 ~6. Annual Reports/Inspections. {a} In compliance with Section 2207 of the Public Resources Code, the owner, manager, or other person in charge of any surface mining operation shall forward an annual report to the Director of the Department of Conservation not later than July 1 upon forms furnished by the State Board. Such annual report shall be in accord with instructions included with the forms. The designated copy shall be submitted to the Planning Division on or before July 1. {b) The Development Services Department, and such technical specialists as it may deem necessary, shall conduct inspections at least once each calendar year, in accordance with Section 2774(b} of the Public Resources Code, for each mining operation to determine whether the surface mining operation is in compliance with the mining permit, reclamation plan, and, if required, mining use permit, and with the spirit and intent of this Article and the State regulations, and the provisions thereof. Such inspection shall be conducted using a form Ord Repealing 8c Re-enacting Art II of Ch. 13 acrd Amending Ch. 24 Page 34 of 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 provided by the Director of the Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation's annual report submitted pursuant to Section 2207 of the Public Resources Code and Section 13-116(a) of this Article. Pursuant to Section 13-111 {a}(3) of this Article, the annual inspection report shall state if surface mining operations have or have not commenced. Tf surface mining operations have not commenced at the time of the annual inspection, the annual inspection report shall state in full all pertinent activities undertaken in preparation for the commencement of operations. This section does not preclude the county from requiring additional inspections for the purpose of ensuring appropriate environmental protection. {c) The cost of the annual inspection required by Section 13-116(b) of this Article}, above, shall be borne by the operator. The county shall establish and annually review a fee recovery program to cover the reasonable costs incurred in implementing this Article. (d) if the Qperatar fails to file a report as required by this section, the Director of {Development Services shall commence proceedings to revoke the mining permit and mining use permit, if any, in the same manner as specified in Section ] 3-121(b) of this Article. Sec. 13-117. Amendments t© Reclamation Plans. An operator may propose amendments to an approved reclamation plan. Proposed amendments, including interim management plans as set forth in Section 13-112 of this Article, shall be submitted to the Planning Division detailing proposed changes from the original plan. Amendments to approved reclamation plans that are determined by the Director of Development Services to be substantial deviations from the original plan, as defined in Section ] 3-103 of this Article and State regulations 14 CCR Section 3502(d), and including any change in the prescribed post-mining use, shall not be undertaken until such amendment has been approved by the Planning Commission pursuant to the process set out in Section 13-110 of this Article. The O1•~l .llepealing c& Re-enaclingA~•t. II of Ch. 13 and,4mendrng Ch. 2=1 Aage 35 of 4~ 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 Planning Division shall review the proposed amendment in the same manner as specified in Sections 13-10{ and 13-107 of this Article and sha11 set a public hearing regarding such amendments in the same manner as is provided for in Section 13-110 of this Article. Sec. 13-118. Minor Modifications. (a} Minor modifications of an approved mining permit or mining use permit, if required, may be allowed by the Director of Development Services upon request of the operator or applicant, and upon findings by the Director in Section 13-118(c) of this Article that each such modification meets the definition of "Minor Modification," as set forth in Section 13-103 of this Article, and is consistent with accomplishing the original goals of the approved permit and reclamation plan and achieving the prescribed post-mining use of the reclaimed land. Minor modifications will be more favorably considered if they are for a limited time period and/or serve a public purpose. (b} Applications for a minor modif cation shall be made an a farm provided by and filed with the Planning Division. (c) Prior to approval of a minor modification, the Director shall make written findings that the minor modification: (1) meets the definition of "Minor Modif cation," as set forth in Section i 3- 103 of this Article; (2) is consistent with accomplishing the original goals of the approved permit, reclamation plan and the prescribed post-mining use of the reclaimed land; and {3) is not subject to, or is exempt from, the California Environmental Quality II Act. (d} The Director shall approve, conditionally approve, or deny an application for a minor modification within 45 days of accepting the application as complete, and give notice by Ord Repealing & Re-enacting Art. 11 of Ch. 13 and Amending Ch. 2A Page 36 of ~9 1 2 3 4 5 b 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 mail of the decision, including any conditions of approval, to the applicant. (e) Any person aggrieved by a denial of a proposed minor modif cation by the Director of Development Services shall have the right to appeal. Upon receipt of a written appeal, the Planning Division shall schedule the appeal for public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this Article. (f} The Planning Commission, on the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall, pursuant to Section 13-110 of this Article, approve, conditionally approve or deny the minor modification. (g) The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code. (h) Within 30 days of f nal action, the Director shall send a copy of an approved minor modif cation to the Department of Conservation. ~ Sec. 13-119. Transferability. Permits, reclamation plans and financial assurances issued under the provisions of this Article are transferable, and the successor shall be bound by the provisions of the approved reclamation plan or permit and the provisions of this Article. Any successor shall notify the Planning Division and the Department of Conservation of any change in ownership of property that has an associated mining permit, use permit for mining or reclamation plan. Sec. 13-120. Completion of Reclamation and Mining. (a) Upon notification by the operator that reclamation has been completed and the mining operation is terminated for either the entire area permitted or for one or more phases or areas of said operation, the Department of Development Services, and such technical specialists as it may deem necessary, shall conduct an inspection to certify said completion of reclamation ~~ Ot•d. Repealing 8c Rs-enacting Art. II of Ch. 13 and Amending Ch. 24 Page 37 of 44 in accordance with the approved reclamation plan and the Act. 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 (b} Prior to sending written notif cation to the operator certifying satisfactory completion of reclamation and prior to release of financial assurances, the county shall obtain written concurrence from the Department of Conservation that the completion of reclamation of the lands disturbed by the surface mining operation is in accordance with the requirements of the approved reclamation plan. (c) Those lands disturbed by surface mining for which reclamation according to the approved reclamation plan has been certif ed complete by the Department of Development Services, and for which the county has obtained written concurrence from the Department of Conservation, shall no longer be subject to mining without either: {1} amendment to the mining permit, mining use permit, if required, and reclamation plan if the reclaimed lands are part of a larger phased operation; or, (2) approval of a new mining permit, mining use permit, if required, and reclamation plan if the reclaimed lands constitute all lands required to be reclaimed under the original mining permit and reclamation plan. (d} Upon the termination of all mining under the permit and certif cation of all reclamation pursuant to Section 13-120(a}, (b) and {c) of this Article, and upon the release of all financial assurances, the Department of Development Services shall schedule a public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this Article to consider the completion of reclamation and the expiration of the associated mining permit and use permit for mining, if required. {e} The Planning Commission, on the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall determine whether reclamation has been completed and the associated mining permit and mining use permit, if required, may be expired. Ord. Repealing c~c Re-enacting Art. 11 of Ch. I3 and Amending CIT. 24 Page 38 of 44 1 2 3 4 5 6 7 8~! 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 {f} The determination of the Planning Commission shall be final unless a written appeal is f led in the same manner as provided for appeals of use permits Chapter 24 of this Code. Sec. 13-121. Enforcement. {a) Violation -Public Nuisance. Any violation of this Article, ar the terms or conditions of any order or permit issued, or any mining operation which constitutes a Substantial Change to the applicable mining permit andlor mining use permit or results in a Substantial Deviation from the reclamation plan approved pursuant to this Article, is unlawful and is declared to be a public nuisance which may be abated in the manner provided by law. (b) Violation -Noncompliance (1 } 1f the Director of Development Services preliminarily determines that an operator is operating without having a mining permit approved pursuant to this Article and without having a right to do so pursuant to vested rights determined to exist pursuant to Section 13-113 of this Article, the Director shall notify the operator by personal service ar certified mail. 1f the operation continues and the operator fails to produce evidence within. thirty (30} days that the operation is being conducted pursuant to and in compliance with a mining permit or vested rights, the Director of Development Services shall order the operator to cease operations immediately and apply for all necessary permits and approvals. An order issued pursuant to this subsection is effective immediately and is not appealable. (2) if the Director of Development Services determines, based upon an annual ~ inspection pursuant to Section 2774 of the Public Resources Code, or otherwise confirmed by inspection of the mining operation, that a surface mining operation is not in compliance with the terms ar conditions of any permit issued or reclamation plan approved pursuant to this Article, andlor is not in compliance with the Act, the county, in conformance with Section 2774.1(x) of Ord. Repealing & Re-enacting Rrt. 11 of Clz. 13 and Al~~endrng Ch. 24 Page 39 of 49 1 2 3 4 S, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Public Resources Code, shall notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County's notification, the Director of Development Services shall issue an order by personal service or certified mail requiring the operator to comply. (3} An order issued under Section 13-120{b}(2) of this Article above shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any such order shall specify which aspect of the surface mine's activities or operations are inconsistent with the Act, and/or with the terms or conditions of any permit issued or reclamation plan approved pursuant to this Article, and/or Chapter 24 of this Code, as applicable, shall specify a time for compliance, anal shall set a date for the hearing, which shall not be sooner than thirty (30} days after the date of the order. Notice of the hearing shall also be given in the same manner as specified in Government Code Section 65905. The Planning Commission, on the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall determine whether or not such order issued under Section 13-120(b)(2) of this Article shall take effect, be modified and reissued, or be rescinded. The Planning Commission may also suspend, revoke or modify the operator's mining permit, mining use permit and/or reclamation plan. {4) The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code. (5} Any operator who violates or fails to comply with an order issued under Section 13-i 20(b)(2} of this Article and determined pursuant to Section 13-120(b}(3) of this Article to take effect, shall, after the order's effective date, be subject to a further order or orders by the Board of Supervisors imposing an administrative penalty of not mare than five thousand Ord. Repealing & Re-enacting Art. 1C of Ch. 13 ancl.4nrendrng Ch. 24 Page =10 of 44 1 z 3 5 6~1 7 8 4 10 11 12 13 14 15 lb 17 18 19 20 .21 22 23 2~ dollars ($5,000.00} per day, assessed from the original date of noncompliance with this Article. If imposition of an administrative penalty is placed on a Board of Supervisors meeting agenda for consideration, notice shall be personally served on or mailed to the operator by certified mail ten (10) days prior to the meeting date. The notice shall identify the alleged violations or failures to comply. (6) .Any operator who fails to submit a report to the Director of the Department of Conservation and the Planning Division under Section 2207 of the Public Resources Code and Section 13-116{a) of this Article shall be subject to an order by the Board of Supervisors imposing an administrative penalty of not more than f ve thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with this Article andlor Section 2207 of the Public Resources Code. If imposition of an administrative penalty is placed '~ on a Board of Supervisors meeting agenda for consideration, notice shall be personally served an or mailed to the operator by certified mail ten (10) days prior to the meeting date. The notice shall identify the report or reports that allegedly have not been submitted. {7) In determining the amount of the administrative penalties for subsections {4) and (S) above, the Board of Supervisors shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require, including but not limited to the cost of county staff time relating to the violation or violations. The determination by the Board of Supervisors in the exercise of the authority granted herein shall be final. (8) Remedies under this section are in addition to, and do not supersede or ~ limit, any and all other remedies, civil or criminal. (9} If an operator mines or continues to mine after the operator's Mining Ord. Repealing & Re-enactingAr7. 11 of Ch. 13 and ~finending Ch. 24 Page 41 of 49 Permit and mining use permit, if any, has been suspended, the Director of Development Services 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 shall give notice to the operator to commence and complete reclamation in accordance with the approved reclamation plan and shall commence proceedings to revoke the mining permit and use permit far mining, if any, in the same manner as specified in Section 13-121(b) of this Article. Sec. 13-122. Mineral Resource Protection. (a) Mineral resource areas that have been designated by the State Mining and Geology Board or by the Butte County General Plan, as well as existing surface mining operations that remain in compliance with the provisions of this Article, 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 Butte County General Plan. (b) In accordance with Public Resources Code Section 2762, the Butte County General Plan will be updated to reflect mineral information (classification andlor designation reports} within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use decisions within Butte County's unincorporated areas will be guided by information provided an the location of identified mineral resources of regional and statewide significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. 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 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." SECTION 3. Section 24-45.25, entitled "Use Permits -Hearing," of Chapter 24, Entitled "Zoning," of the Butte County Code, is amended to read as follows: Ord, Repealing & Re-enacting.4i7. II of Ch. 13 and.4mendrngCh. 24 Page 42 of A4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 24-45.25 Use Permits -Hearing. Upon the filing of a suff cient and proper application and payment of the fees provided for in Section 24-45 herein, the planning commission shall fix a time and place for a public hearing. A native of hearing on the application for a use permit shall be both published in a newspaper of general circulation in accordance with Government Code Section 65090 and be mailed pursuant to Government Code sections 65905 and 65901 to the owners of all property within three hundred (300) feet from the exterior boundaries of all property upon which an application for proposed use has been made. Said notice shall be mailed to said property owners at their last-known addresses using the address from the latest equalized assessment roll of the County of Butte, except that in no case shall less than ten (10) separate and individual property owners closest to the area being considered be notified. Said notice shall indicate the time, date and place of the hearing and the location of the subject property. Failure of any property owner to receive such a notice shall not affect in any manner the action taken by the Planning Commission or the Board of Supervisors. ~ SECTION 4. Severability. if any provision of this ordinance or the application thereof to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of this ordinance which can be given effect without the invalid provision or application thereof ~~ SECTION S. Effective Date and Publication. This Ordinance shall be and it is hereby declared to be in full force and effect from and Ord. Repealing c~ Re-eMact ing Aj7. II of Ch. 13 a,TC1 Amending Ch. 24 Page ~3 of 49 1N 2 3 4 S b 7 9 10 11 12 13 14 15 16 17 1s 19 20 21' 22 23 24 after thirty (30} days after the date of its passage, and before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once in a newspaper of general readership with the names of the members of the Board of Supervisors voting for and against it in a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the ~~ day of I`ll , 2011, by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Ghair Lambert NOES: None ABSENT: None NOT VOTING: None - Steve Lamb ,Chair of the Butte County Board of Supervisors ATTEST: Paul Hahn Chief Adzx~i By: ~ Of icer and ~T of the Board ~ Ord. Repealing c4r Re-enacting tlrt. II of Ch. 13 and Amerrrlirrg Ch. 24 Page 4~ of 4~