The city council of the city finds and determines that:

A.

The extraction of minerals is essential to the continued economic well-being of the city and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety;

B.

The reclamation of mined lands as provided for 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;

C.

Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that the reclamation operations and specifications therefore may vary accordingly.

(Ord. 568 § 1 (part), 1987).

A.

The ordinance codified in this chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code, Sections 2710 et seq.

B.

It is the intent of the city council 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 that mined lands are reclaimed to a useable condition which is readily adaptable for alternative land uses;

2.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment;

3.

Residual hazards to the public health and safety are eliminated.

(Ord. 568 § 1 (part), 1987).

There is created the surface mining combining zone which may be combined with any other zone. Development of the property within the combining zone is subject to regulations of this chapter. The director of community development shall indicate the approval on the official zoning maps of the city by placing after the zoning designation on the property the symbol "SM."

(Ord. 568 § 1 (part), 1987).

A.

The provisions of this chapter shall apply to the incorporated area of the city.

B.

The provisions of this chapter shall not apply to any of the following activities provided all the necessary permits, such as grading permits are obtained.

1.

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

2.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amount of less than one thousand cubic yards in any one location of one acre or less;

3.

Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose;

4.

Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location;

5.

Such other surface mining operations which the city council determines to be of an infrequent nature and which involve only minor surface disturbances.

(Ord. 568 § 1 (part), 1987).

A.

"The Act" means the California Surface Mining and Reclamation Act of 1975, Public Resources Code Section 2710 et seq.

B.

"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 quantity of minerals present.

C.

"Mined lands" means, the surface, subsurface and groundwater of any area in which surface mining operations will be, are being, or have been conducted including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, all other materials or property which result from, or are used in, surface mining operations are located.

D.

"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, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

E.

"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.

F.

"Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

G.

"Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.

H.

"Permit" means any formal authorization from or approval by the city, the absence of which would preclude surface mining operations.

I.

"Person" means any individual, firm, association, corporation, organization or partnership or any city, county, district, or the state or any department or agency thereof.

J.

"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, resoiling, revegetation, soil compaction, stabilization, or other measures.

K.

"State Board" means the State Mining and Geology Board, in the Department of Conservation, state of California.

L.

"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.

M.

"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 deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

1.

In place distillation or retorting or leaching;

2.

Production and disposal of mining waste;

3.

Prospecting and exploratory activities;

4.

Borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same).

(Ord. 568 § 1 (part), 1987).

A.

Any person, except as provided in Section 2776, California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations obtain:

1.

A permit to mine;

2.

Approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, of the Act. A fee as established by city council resolution shall be paid to the city at the time of filing.

B.

Vested Rights.

1.

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 the provisions of this chapter as long as such vested right continues; provided, however, that no substantial changes may be made in any such operation except in accordance with the provisions of this chapter. A person shall 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 therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

2.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the granting authority and receive, within a reasonable period of time, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting the plan has accepted responsibility for reclaiming the mined lands in accordance with reclamation plan.

3.

Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or reclamation of, mined lands on which surface mining operations were commenced and terminated prior to January 1, 1976.

C.

The State Geologist shall be notified of the filing of all permit applications.

D.

This chapter shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation.

(Ord. 568 § 1 (part), 1987).

A.

The permit to mine and reclamation plan shall be applicable to a specific piece of property or properties, and shall be based upon the character of the surrounding area and such characteristics of the property as type of overburdened, soil stability, topography, geology, climate, stream characteristics, and principal commodities.

B.

The reclamation plan shall include the following information:

1.

Names and addresses of property owners, owners of surface rights, owners of mineral rights, lessees, operators and agents;

2.

Location, including legal description, of the mined lands (to be) involved by the operation, including:

a.

Geologic description, including brief, general geologic setting, more detailed geologic description of the mineral deposit to be mined and principal minerals or rock types present,

b.

Access route(s),

c.

Location and vicinity map;

3.

Quantity and type of mineral commodities to be mined:

a.

Geologic description including brief general geologic setting, more detailed geologic description of the mineral deposit to be mined and principal minerals or rock types present,

b.

Brief description of environmental setting of the site and surrounding areas. Describe existing area land use, soil, vegetation, groundwater elevation and surface water characteristics, average annual rainfall and/or other factors pertaining to environmental impacts and their mitigation and reclamation;

4.

Surface mining operation—Proposed or existing:

a.

Starting date, estimated life of operation, phasing duration of first phase, whether the operation will be seasonal, continuous or intermittent,

b.

The estimated volume in cubic yards per year,

c.

The total anticipated production of mineral commodities to be removed, waste retained on the site, waste disposed off-site and the maximum anticipated depth,

d.

Mining method,

e.

If processing of ores and/or minerals mined is planned at or adjacent to the site, the nature of processing and the disposal method of tailings and waste,

f.

Geologic, soil and water data:

i.

Soil types and erosion potential of same on subject property,

ii.

Existing drainage patterns,

iii.

Existing surface water quality,

iv.

Anticipated water demand,

v.

Location of any sewage facilities on subject property and/or within three hundred feet adjacent to project site,

vi.

Source and volume type of fill to be used, if any,

vii.

A description of the manner in which contaminates will be controlled,

viii.

A plan for waste disposal, both solid and liquid, that is generated on-site,

ix.

A description of the manner in which rehabilitation of affected streambanks to a condition minimizing erosion and sedimentation will occur,

x.

A plan for review and approval detailing proposed solutions for final drainage patterns upon completion of excavation,

g.

The operation shall comply with all rules and regulations of the Placer County air pollution control district,

h.

If the nature of the deposit and mining method permit, describe and show steps or phases of the mining operation that allow concurrent reclamation, and include a proposed time schedule for such concurrent activities,

i.

Attach a map of mined lands and/or suitable aerial photograph showing:

i.

Boundaries and topographic details of the site,

ii.

Location of all streams, roads, railroads water wells, and utility facilities within five hundred feet of the site,

iii.

Location of all currently proposed access roads to be constructed in conducting the surface mining operation(s),

iv.

Location of areas (to be) mined, and of waste dumps and tailings ponds,

v.

By use of overlay symbol or color, depiction of separate mining phases if applicable (see Section 17.65.017(B)(4)(h)),

vi.

The source of map base, orientation (north arrow), and scale (e.g., 1″ = 100′, etc.) of the map,

vii.

Traffic haul routes along with anticipated frequency of trips,

viii.

Setbacks which are a minimum of twenty-five feet from public right-of-way and ten feet from side and rear property lines in which no disturbance of existing terrain shall occur,

ix.

Location of equipment storage area settling ponds and drainage solutions,

x.

Noise contours around the property which will result with project implementation may be required depending upon type and location of the operation,

j.

Fencing requirements to insure public safety shall be as specified in the conditional use permit,

k.

A visual buffer or screen shall be provided along any road right-of-way and along any property lines where adjacent incompatible uses exist (i.e., schools, parks, residential offices, etc.) as specified in the conditional use permit;

5.

Reclamation plan:

a.

Indicate on an overlay map areas to be covered on the reclamation plan including acreage,

b.

Describe the ultimate physical condition of the site and specify proposed uses(s) or potential use(s) of the mined lands as reclaimed,

c.

Relationship of the interim uses other than mining and the ultimate physical condition to zoning regulations and general plan and plan elements,

d.

Evidence that all owners of a possessory interest in the land have been notified of the proposed uses(s) or potential uses identified above,

e.

Describe soil conditions and proposed soil salvage plan,

f.

An assessment of the effect of implementation of the reclamation plan on future mining in the area,

g.

Describe the methods, their sequence and timing, to be used in bringing the reclamation of the land to its end state. Indicate on map or diagram as necessary. Include discussion of the pertinent items listed below:

i.

Backfilling and grading,

ii.

Stabilization of slopes,

iii.

Stabilization of permanent waste dumps, tailings, etc.,

iv.

Rehabilitation of premining drainage,

v.

Removal, disposal, or utilization of residual equipment, structures, refuse, etc.,

vi.

Control of contaminants, especially with regard to surface runoff and groundwater,

viii.

Treatment of streambeds and streambanks to control erosion and sedimentation,

viii.

Removal or minimization of residual hazards,

ix.

Resoiling, revegetation with evidence that selected plants can survive the site's topography, soil and climate;

h.

If the applicant has selected a short-term phasing plan, describe in detail the specific reclamation to be accomplished in the first phase,

i.

A description of how the reclamation of this site may affect further mining at this site and in the surrounding area,

j.

An analysis of cost to restore the site in accordance with the proposed reclamation plan. A cost shall be associated to each phase of development.

(Ord. 568 § 1 (part), 1987).

A.

An application for a surface mining permit and/or a reclamation plan shall be on forms developed and procedures adopted for a conditional use permit pursuant to Chapter 17.70 of this title. In addition to the information required by Chapter 17.70, the information listed in Section 17.65.016 and any additional information may be required when deemed necessary for evaluation of the proposal shall be required with the application.

B.

The community development department shall review the permit application and the reclamation plan and shall schedule each for a public hearing, provided the filing is complete.

C.

If an application for a mining permit and reclamation plan is submitted by the same applicant on the same piece of property or properties, the granting authority may, in its discretion, combine both the application and the review into one public hearing.

D.

The public hearing shall be held to consider the issuance of a permit for the proposed surface mining operation. Such public hearing shall be conducted pursuant to the procedures set forth in Sections 17.70.040 and 17.70.045.

(Ord. 581 §§ 38, 39, 1988; Ord. 568 § 1 (part), 1987).

Upon a finding by the council that a supplemental guarantee for the reclamation of the mined land is necessary, the following procedure shall be followed:

A.

Each year, prior to a specified date, the mine operator shall submit a map or verbal description of the approximate area to be disturbed during the following year, as well as an estimate of the cost for the reclamation of that area in accordance with the approved or amended reclamation plan. The estimate of cost shall be subject to review and confirmation by the community development department.

B.

A surety bond, lien, or other security guarantee conditioned upon the faithful performance of the following year's reclamation, in a form approved by the city attorney, shall be filed with the city. Such surety shall be executed in favor of the city, and shall be maintained in an amount equal to the confirmed cost estimate.

C.

Prior to acceptance of the surety, the community development department shall determine whether the prior year's reclamation has been accomplished in accordance with the approved or amended reclamation plan. Consideration shall be given to the phasing of reclamation in an area where operations are to extend beyond year.

D.

Upon certification that the prior year's reclamation has been accomplished, the surety posted for that work shall be released and the new surety shall be initiated.

(Ord. 581 § 40, 1988; Ord. 568 § 1 (part), 1987).

A.

As a condition of approval for the permit or reclamation plan on both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and reclamation plan.

B.

Failure by the permittee to allow such inspection shall constitute grounds for revocation of the permit.

(Ord. 568 § 1 (part), 1987).

A.

Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by the council.

B.

The procedure for amendments shall be the same procedure for processing the reclamation plan in the first instance.

(Ord. 581 § 41, 1988; Ord. 568 § 1 (part), 1987).

A.

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 city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information.

B.

A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines and Geology by the city.

C.

Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Act.

(Ord. 568 § 1 (part), 1987).