This chapter is adopted in accordance with, and to implement the provisions of, the Surface Mining and Reclamation Act of 1975, as amended, which is set forth in the Public Resources Code. The provisions of this chapter are to be used and considered in conjunction with the Act and the implementing Regulations adopted, as authorized by the Act, by the California Mining and Geology Board. Any amendment of the Act or of the Regulations, hereafter adopted, which is applicable to the provisions of this chapter or a surface mining operation, existing or proposed, situated within the City of Scotts Valley (the "city"), shall control, in accordance with its terms, over any conflicting provision of this chapter.

(Ord. 16.93 § 2 (part), 1995)

A.

The city council finds that the extraction of minerals is often beneficial to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety from the effects of the extraction of minerals.

B.

The city council further finds that the reclamation of mined lands, as provided in this chapter, will permit the mining of minerals and will, at the same time, provide for the protection and subsequent beneficial use of the mined and reclaimed land.

(Ord. 16.93 § 2 (part), 1995)

Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of this chapter:

"Act" or "SMARA" means the Surface Mining and Reclamation Act of 1975, as amended, which is set forth in California Public Resources Code starting with Section 2710. When the word "Act" is used in this chapter in conjunction with a section number, the number refers to a section in California Public Resources Code.

"Backfill" means earth, overburden, mine waste or imported material used to replace material removed during mining.

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

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Department" means the California State Department of Conservation.

"Excavations for on-site construction" means earth material moving activities that are required to prepare a site for construction of structures, landscaping, or other land improvements (such as excavation, grading, compaction, and the creation of fills and embankments), or that in and of themselves constitute engineered works (such as dams, road cuts, fills, and catchment basins).

"Financial assurances" means the financial assurances provided to the city and department to assure the carrying out of a reclamation plan which must be approved by the city under the Act, prior to the approval or issuance of a permit. Financial assurances are required by Section 2770 of the Act and are described in Section 2773.1 of the Act, in the Regulations, and in guidelines adopted by the board.

"Geologic hazard" means a geologic condition that is a potential danger to life and property. Geologic hazards include, but are not limited to, earthquake shaking, landslide, erosion, expansive soil, fault displacement and volcanic eruption.

"Grading" means to bring an existing surface to the designed form by cutting, filling and/or smoothing operations.

"Idle" means to curtail for a period of one year or more, surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

"Lead agency" means the city which is the agency under this chapter and the Act that has the principal responsibility for approving, approving with conditions, or denying surface mining operations, reclamation plans, and financial assurances relating to property situated within the boundaries of the city.

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

"Minerals" 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.

"Mining waste" means and 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.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his, her or its behalf.

"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.

"Permit" means a surface mining permit required by the provisions of this chapter.

"Person" means any individual, firm, association, corporation, organization, or partnership, or the city or any official thereof, Santa Cruz County, or the state or any department or agency thereof.

"Planning director" means the planning director of the City of Scotts Valley and includes his or her designated representatives.

"Reclamation" means the 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.

"Reclamation plan" means a plan for the reclamation of mined lands required by Section 2770 and described in part in Sections 2772 and 2773 of the Act and Section 3502 of the Regulations.

"Regulations" means the regulations of the board adopted to implement the Act. The Regulations are set forth in the California Code of Regulations in Title 14, Division 2, Chapter 8, Subchapter 1, entitled "State Mining and Geology Board," starting at Section 3500.

"State Director" means the California State Director of Conservation.

"State Geologist" means the individual holding the office created by Section 677 of the Public Resources Code.

"State policy" means the regulations adopted by the board under the provisions of Section 2755 of the Act.

"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, retorting or leaching;

2.

The production and disposal of mining waste;

3.

Prospecting and exploratory activities;

4.

Borrow pitting, stream bed skimming, segregation and stockpiling of mined materials (and recovery of same) are deemed to be surface mining operations unless specifically excluded under Section 2714 of the Act or Section 3505 of the Regulations.

"Topsoil" means the upper part of the soil profile that is relatively rich in humus, which is technically known as the A-horizon of the soil profile.

Other definitions contained in the Act, the Regulations, and Chapter 1 of Division 2 of the Public Resources Code, starting at Section 2001.

(Ord. 16.93 § 2 (part), 1995)

The provisions of this chapter are not applicable to:

A.

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

B.

On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site subject to all of the following conditions:

1.

All required permits for the construction, landscaping, or related land improvements have been approved by the city in accordance with applicable provisions of adopted plans, policies, regulations, standards and ordinances of the city and state law, including, but not limited to, the provisions of the California Environmental Quality Act ("CEQA"),

2.

The city's approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA,

3.

The approved construction project is consistent with the city's General Plan and zoning of the site,

4.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued;

C.

Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

1.

The plant site is located on lands designated for industrial or commercial uses on the city's General Plan,

2.

The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the city,

3.

None of the minerals being processed are being extracted on-site,

4.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976;

D.

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

E.

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 does not involve more than one acre in any one location;

F.

Such other surface mining operations to which the Act does not apply as set forth in the Act or the Regulations or as determined by the board under the provisions of Section 2714(d) of the Act.

(Ord. 16.93 § 2 (part), 1995)

A.

Any person who proposes to engage in surface mining operations shall, prior to the commencement of such operations to which the provisions and requirements of this chapter apply, obtain (1) a permit, (2) approval of a reclamation plan, and (3) provide and obtain approval of financial assurances, in accordance with the provisions of this chapter and the Act.

B.

No person who has obtained a vested right to conduct a surface mining operation 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 that no substantial change is made in that 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, that person 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.

C.

The reclamation plan required to be filed under subdivision (b) of Section 2770 of the Act, shall apply to operations conducted after January 1, 1976, or to be conducted. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976.

(Ord. 16.93 § 2 (part), 1995)

A.

An application for a permit shall be filed with the planning department. As many copies of the application as may be required by the planning director shall be submitted with the original application. The application shall be submitted on forms provided by the planning department.

B.

The application shall identify the property on which the proposed surface mining operations will be conducted, shall describe in sufficient detail, the proposed operations, including the manner in which they will be conducted, the quantities of minerals proposed to be removed, and the time period(s) and hours of operation in which the removal will take place, and the method of dust and noise control.

C.

The application shall describe a buffer around the perimeter to allow for on-site erosion control and stability of adjacent properties and provide an area for noise buffers and landscaping. The perimeter buffer shall be a minimum width of one hundred feet if the adjoining property is vacant residential land or two hundred fifty feet in width if the adjoining property is developed residential land.

D.

The application shall include an analysis and plans to pay the costs to maintain all local streets and roads used by quarry trucks and plans for regular clean up of sand or other debris resulting from the operation from surrounding streets and roads.

E.

The application shall include a plan to use reclaimed water in the quarry processes which includes an analysis of the effects on underground aquifers which analysis shall first be reviewed and approved by the water agency exercising jurisdiction over the area subject to reclamation.

F.

The application shall include the necessary environmental review forms, information required by the Act, Regulations, and this chapter and such further relevant information as may be required by the planning director. The application shall be signed by the property owner(s) and the proposed operator.

G.

The application shall have attached to it the proposed reclamation plan and a detailed description of the proposed financial assurances, including the total amount thereof, which will be provided by the operator.

H.

The planning department shall review the application package for completeness and shall, within thirty days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of how the application package is deficient. The resubmittal of the revised application shall start a new, thirty-day review for completeness, time period.

(Ord. 16.93 § 2 (part), 1995)

A.

Within thirty days of the filing of an application for a permit, the planning director shall notify the State Director of such filing.

B.

Whenever surface mining operations are proposed in the one hundred-year floodplain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning director shall notify the State Department of Transportation that the application has been received. The State Department of Transportation shall have a period of no more than forty-five days to submit comments to the planning director with respect to any potential damages to the state highway bridge resulting from the proposed mining operations. No permit shall be issued until the comments have been received or forty-five days have passed since the date the notice was given, whichever occurs first.

(Ord. 16.93 § 2 (part), 1995)

A.

Once an application is deemed complete, the planning department shall process and review the application, including review pursuant to the provisions of CEQA, the State CEQA Guidelines and the city's environmental review requirements.

B.

Following completion of environmental review, the planning department shall prepare a staff report on the application, with recommendations, for consideration by the planning commission.

C.

The planning commission shall hold at least one noticed public hearing on the requested permit, the proposed reclamation plan and the amount of the financial assurances being proposed.

D.

Prior to its final approval of (1) a reclamation plan, or (2) the amount of the financial assurances to be provided therewith, or (3) any amendment(s) to a reclamation plan, the planning commission shall certify to the State Director that, in its judgment, the reclamation plan, or the amendment(s) thereto, comply with the applicable requirements of the Act and Regulations. The planning director shall thereupon submit the certification and the reclamation plan, the financial assurances, or the amendment(s) to the State Director for review. The planning commission may conceptually approve the reclamation plan or the amendment(s) and the total amount of the financial assurances before they are submitted to the State Director.

E.

The State Director shall have forty-five days from the date of the submittal within which to prepare and submit written comments on the reclamation plan, the financial assurances or the amendment(s) to the planning commission. The planning commission shall evaluate any written comments received from the State Director before taking final action on the permit, the reclamation plan or the amendment(s), or approving the amount of financial assurances that will be required. The planning department shall prepare a written response describing its recommended disposition of each major issue, if any, raised by the State Director for the planning commission's review. In particular, when the planning commission's position is at variance with a recommendation or objection raised in the State Director's comments, the written response shall address, in detail, why the specific comments or suggestions were not or should not be accepted. The planning commission shall adopt, or modify and adopt, the written response or shall adopt a different written response if the planning commission's position continues to be at variance with the State Director's recommendations or objections.

F.

The planning commission shall then take final action to approve, approve subject to conditions and/or modifications, or deny the permit, the reclamation plan, and the amount of the financial assurances. The planning commission shall make the finding that the permit is consistent with the General Plan. A permit, approved or conditionally approved under this chapter, shall expire and become null and void if the mining operations authorized by the permit are not commenced within two years from the date the permit was approved. The approved permit shall be reviewed by the planning commission at least every five years at a public hearing.

G.

The planning commission's action shall be final, subject only to appeal to the city council. If a decision or determination of the planning commission is appealed to the city council, the council, in making a determination on the appeal, may, in its discretion, assume all duties and authority assigned to the planning commission under this chapter.

(Ord. 16.93 § 2 (part), 1995)

A.

The applicant shall file, with the permit application, his, her or its proposed reclamation plan. The reclamation plan shall contain all of the following:

1.

The name and address of the operator and the names and addresses of any persons designated by him as his agent(s) for the service of process;

2.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted;

3.

The method of controlling dust and limiting noise;

4.

The proposed dates for the initiation and termination of the operation;

5.

The maximum anticipated depth of the surface mining operation;

6.

The size and legal description of the lands that will be affected by the operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, such lands, the location of all proposed access roads to be constructed in conducting such operation, and the names and addresses of the owners of all surface and mineral interests of such lands;

7.

A description of a plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

8.

A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;

9.

A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including: (1) a description of the manner in which contaminants will be controlled, and mining waste will be disposed; (2) a description of the manner in which rehabilitation of any affected stream bed channels and stream banks to a condition minimizing erosion and sedimentation will occur; (3) a description of the revegetation plan including type and number of plant species; and (4) a statement of when the reclamation plan will be implemented;

10.

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

11.

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan;

12.

Any other relevant information which the planning director may require.

B.

The proposed 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, claim, stream characteristics, and principal mineral commodities and shall establish site-specific criteria for evaluating compliance with the approved reclamation plan, including, but not limited to, topography, vegetation and sediment, and erosion control. The plan shall conform to any applicable standards adopted by the Board. To the extent that there is a conflict between Board standards and standards established by the city, the more stringent standard shall apply unless otherwise prohibited by law.

(Ord. 16.93 § 2 (part), 1995)

A.

Reclamation plans shall conform to the requirements of Section 2773(a) of the Act, as applicable, and the minimum statewide reclamation standards adopted by the Board, which include, but are not limited to, the following subjects: wildlife habitat, backfilling, regrading, slope stability, re-contouring, erosion control, waterways, revegetation, drainage, agricultural land reclamation, structure and equipment removal, stream protection, topsoil salvage, and mine waste management, as set forth in Sections 3502, 3503 and Article 9, beginning at Section 3700 of the Regulations.

B.

The city may impose additional reclamation standards or requirements, either in the review of individual projects as warranted to protect the public safety or welfare on a project by project basis.

(Ord. 16.93 § 2 (part), 1995)

Reclamation activities under an approved reclamation plan shall be phased with the phasing of the mining operations and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation. Interim reclamation may be required for mined lands that will be disturbed again in future operations. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: (1) the beginning and expected ending dates for each phase; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) the estimated costs.

(Ord. 16.93 § 2 (part), 1995)

A.

Permits. Prior to approving a permit, the planning commission shall find that the proposed operations are consistent with the General Plan and comply with the provisions of state policy and this chapter.

B.

Reclamation Plans. All of the following findings shall be made prior to approval of a reclamation plan:

1.

The reclamation plan complies with the requirements of the Act, the applicable provisions of the Regulations and this chapter;

2.

The potential use(s) of the reclaimed land under the reclamation plan are consistent with this chapter, the city's General Plan, and the zoning of the property;

3.

All significant adverse impacts on the land to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible under the reclamation plan;

4.

If applicable, that a written response to the State Director has been prepared, describing the disposition of major issues raised by the State Director. Where the city's position is at variance with the recommendations and objections raised by the State Director, the written response has addressed, in detail, why specific comments and suggestions were not accepted by the city;

5.

Other findings as may be required by law.

(Ord. 16.93 § 2 (part), 1995)

A.

To ensure that reclamation will proceed in accordance with the approved reclamation plan, there shall be required as a condition of the plan's approval financial assurances, the total amounts of which will be determined by the planning commission. The applicant may post security in the form of a corporate surety bond(s), trust fund(s), irrevocable letter(s) of credit, or other forms of financial assurances as specified in the Regulations. The financial institution furnishing or issuing any proposed security shall be authorized to do business in California with respect to the issuance or furnishing of such security. Financial assurances shall be made payable to the City of Scotts Valley and the Department. The amount of the financial assurances shall be adequate, as determined by the planning commission, to enable the city or Department to perform, or have performed, reclamation in accordance with the approved reclamation plan.

B.

Financial assurances will be required to ensure compliance with each element of the reclamation plan, including but not limited to: (1) revegetation and landscaping requirements; (2) restoration of aquatic or wildlife habitat; (3) protection of archaeological sites; (4) restoration of water bodies and water quality; (5) slope stability and erosion and drainage control, disposal of hazardous materials; and (6) other mitigation measures.

C.

The amount of the financial assurances shall be based upon the estimated costs of reclamation for each year or phase set forth in the reclamation plan, including any maintenance of reclaimed areas as may be required. Cost estimates shall be prepared by a licensed engineer and/or other qualified professional retained by the operator and approved by the planning director. Financial assurances shall be based upon cost estimates that include, but may not be limited to, labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial contractor who is retained by the operator to complete the reclamation.

D.

In estimating the amount of financial assurances to be required, it shall be assumed that the surface mining operation could be abandoned by the operation and, consequently, the city or state may need to contract with a third-party commercial entity to mobilize quickly and complete the reclamation of the site, under requirements applicable to public works contracts.

E.

Where reclamation is to be accomplished in annual increments, the amount of financial assurances required for any one calendar year shall be adjusted annually, not later than December 10 of the current year, to account for new lands that may be distributed in the coming year by the surface mining operations, inflation, and any reclamation already accomplished in accordance with the plan. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the year.

F.

The financial institution or surety and its location, which the applicant has proposed to furnish or issue the financial assurances, shall be subject to the approval of the city's finance director. The form and content of the financial assurances shall be subject to approval by the city attorney. The Guidelines adopted by the Board shall be consulted.

(Ord. 16.93 § 2 (part), 1995)

Whenever the ownership or control of a surface mining operation, or portion thereof, which is subject to the provisions of this chapter, is sold or otherwise transferred, the successor in interest shall be bound by the provisions of this chapter, the conditions and requirements of any permit and reclamation plan previously approved for the operation, and shall within two weeks of the transfer notify the planning director, in writing, of such transfer of ownership and the new owner's name, address and telephone number. Any existing financial assurances for the operation shall remain in full force and effect and shall not be released until new financial assurances are submitted to the city by the successor in interest and approved by the city in accordance with the provisions of this chapter.

(Ord. 16.93 § 2 (part), 1995)

The planning director shall arrange for the completion of an inspection of a surface mining operation within six months of receipt of the annual report required in Section 2207 of the Public Resources Code, to determine whether the surface mining operation is in compliance with the approved reclamation plan, Chapter 5 of the Act, and the Regulations. In no event shall less than one inspection be conducted by the city in any calendar year. The inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, state-registered forester or other qualified specialist. The person making an inspection will be selected by the planning director. The person selected shall be experienced in land reclamation and shall not have been employed by the mining operation in any capacity during the previous twelve months. All inspection(s) shall be conducted using a form provided by the Board. The planning director shall notify the State Director within thirty days of completion of the inspection that the inspection has been conducted and shall forward a copy of the inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable costs of each such inspection, including a city administrative fee as may be adopted, from time to time, by the city council. The estimated cost of the inspection and an administrative fee shall be deposited by the operator with the planning department within fourteen days of notice of the amount thereof being given the operator by the planning director.

(Ord. 16.93 § 2 (part), 1995)

A.

Within ninety days of a surface mining operation becoming idle, as defined in this chapter, the operator shall submit to the planning department an interim management plan. The interim management plan shall fully comply with the requirements of Section 2770(h) of the Act and shall set forth the measures the operator will implement to maintain the site in compliance with the Act, including, but not limited to, all requirements of the reclamation plan. The interim management plan shall be processed as a proposed amendment to the reclamation plan and shall not be considered a separate project for the purposes of environmental review.

B.

Financial assurances for idle operations shall be provided as addressed in the reclamation plan or as otherwise approved through the idle mine's environmental review.

C.

Within sixty days of receipt of the interim management plan, or such longer period mutually agreed upon by the planning director and the operator, the planning commission shall hold a noticed public hearing at which it will consider, and following which it shall approve, approve with conditions and/or modifications, or deny the plan in accordance with this chapter and the Act. If approval of the proposed interim management plan is denied, the operator shall have thirty days, or such longer period mutually agreed upon by the operator and the planning director, to submit a revised plan. The planning commission, following a noticed public hearing, shall approve, approve subject to conditions and/or modifications, or deny the revised interim management plan within sixty days of its filing with the planning department. If the planning commission denies approval of the revised interim management plan, the operator may file an appeal of that action to the city council in accordance with the provisions of this chapter. The council shall hear the appeal within forty-five days of its filing or within such longer period as the council and operator may agree upon.

D.

The interim management plan may remain in effect for a period not to exceed three years, at which time the planning commission may renew its approval of the plan for another period not to exceed three years if the commission finds the operator has fully complied with the interim management plan, or the planning commission may require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

E.

Unless review of a proposed interim management plan, or a revised interim management plan, or appeal of either is pending, a surface mining operation which remains idle for over one year after becoming idle, as defined in this chapter, without obtaining approval of an interim management plan, shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.

(Ord. 16.93 § 2 (part), 1995)

A.

If the planning department, based upon an annual inspection, or otherwise confirmed by an inspection, of a surface mining operation, determines that a surface mining operation is not being conducted in compliance with this chapter, its permit, or its approved interim management or reclamation plan, the planning director shall follow the procedures set forth in Sections 2774.1 of the Act concerning violations, penalties, and enforcement of the Act. Any required hearing shall be held by the city council.

Should the planning director make a determination to impose an administrative penalty in any of the circumstances set forth in Section 2774.1 of the Act, the penalty shall not exceed five thousand dollars per day, or such other maximum amount as set forth in the Act, and the planning director shall use the applicable criteria set forth in Section 2774.1 and elsewhere in the Act and Regulations in determining the actual amount of the administration penalty to be imposed.

B.

If the planning director determines, or is notified by the State Director, that an operator is financially incapable of performing reclamation in accordance with the approved reclamation plan or has abandoned the mine, the planning director shall schedule a public hearing upon making a determination that the operator is financially incapable of completing reclamation, or has abandoned the mine, the planning commission shall take one of the actions set forth in Section 2773.1(b) of the Act.

(Ord. 16.93 § 2 (part), 1995)

The city council, by resolution, shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the regulations, including but not limited to, the processing of applications, annual reports, inspections, monitoring, enforcement and compliance.

(Ord. 16.93 § 2 (part), 1995)

A.

Reclamation plans, reports, applications and other documents submitted to the city pursuant to this chapter are public records unless it can be demonstrated by the operator, to the satisfaction of the planning director, that the release of such information or parts thereof would reveal production, reserves or rate of depletion entitled to protection as proprietary information. Upon the written request of the operator or owner, and not otherwise, the planning director shall identify such proprietary information as a separate part of each application. Proprietary information shall be made available only to the state director and to persons authorized in writing by the mine operator and by the mine owner in accordance with Section 2778 of the Act.

B.

A copy of all reclamation plans, reports, applications, and other documents submitted under this chapter shall be furnished by the planning director to the State Director upon the State Director's request.

(Ord. 16.93 § 2 (part), 1995)

An applicant or any other interested person who considers a decision or determination made under the provisions of this chapter by the planning director or the planning commission to be erroneous, may appeal that decision or determination in accordance with the provisions of Section 17.50.060.

(Ord. 16.93 § 2 (part), 1995)

Where a public hearing is required under the provisions of this chapter, or is otherwise determined to be held, notice of the public hearing shall be given by the planning director or city clerk pursuant to Sections 17.50.090 and 17.50.100.

(Ord. 16.93 § 2 (part), 1995)

Applications to amend or revise the scope, requirements, or conditions of an approved permit, reclamation plan, or financial assurances may be filed by an operator and shall be subject to, and processed and reviewed under, the same requirements which would, at the time, apply to a new permit application.

(Ord. 16.93 § 2 (part), 1995)

One form of financial assurances may be substituted for another form, in whole or in part, provided the total approved amount of the assurances is not reduced, the entity providing the new financial assurances is approved by the city's finance director and if the assurance is something other than security as provided in this code, city council approval must first be obtained.

(Ord. 16.93 § 2 (part), 1995)

The planning director has the duty, responsibility and authority to do all of the following:

A.

Application for Permit. Notify the State Director within thirty days of the filing of each application for a permit with the planning department.

B.

Copy of Permit; Annual Update. Submit to the State Director by July 1 of each year a copy of the permit for each new active, or newly idle, surface mining operation and any conditions or amendment to each such permit. Once a permit has been submitted to the State Director under this section or chapter, in subsequent years the planning director shall submit to the State Director by July 1, a copy of any approved permit or reclamation plan amendment, or a statement there have been no changes during the preceding year.

C.

Prior to Approval of Reclamation Plan, Financial Assurances, or Amendments Thereof. Submit to the State Director prior to the city's approval thereof, a copy of each reclamation plan, financial assurances or proposed amendment of either, together with, in the case of a reclamation plan, the certification of the planning commission required under Section 17.45.080 D of this chapter. Forward to the operator, a copy of any written comments received from the State Director under Section 17.45.080 E and any response(s) adopted by the planning commission.

D.

Notification of Completion of Annual Inspection; State Director and Operator. Notify the State Director within thirty days of the city's annual inspection of a mining operation as required by Section 17.45.150 of this chapter. The notice shall contain the materials and information required by Section 2774(B) of the Act. At the same time, the planning director shall also notify the operator in accordance with the requirements of the Act.

E.

Determinations of Whether Chapter Applies; Section 17.45.040 A and B.

1.

Make written determinations, under the provisions of Sections 17.45.040 A and B and in conformity with the definitions contained in this chapter, the Act, and the Regulations, as to whether the provisions and requirements of this chapter are applicable or not applicable to a proposed excavation and/or earth moving plan which involves a quantity of not more than four thousand cubic yards of material being removed from the site.

2.

If the plan involves more than two thousand, but less than four thousand, cubic yards being removed from the site, the planning director shall provide notice of any determination made that the provisions and requirements of this chapter are not applicable to the proposed excavation and/or earth moving plan as provided in Section 17.45.250.

3.

If a proposed plan involves the removal of more than four thousand cubic yards of material from the site, the planning director shall schedule a public hearing on the matter before the planning commission, following which the planning commission shall make the determination under the provisions of Sections 17.45.040 A and B and the definitions applicable thereto, as to whether the provisions and requirements of this chapter are applicable or not applicable to the proposed excavation and/or earth moving plan.

4.

"Site" as used in this subsection E of this section shall mean the property or properties upon which the project (other than just the earth moving or excavation activity) is proposed and of which the earth moving or excavation is an element.

F.

Determinations of Whether Chapter Applies; Section 17.45.040 C through F. Make written determinations as to the applicability of this chapter to proposed operations under the criteria set forth in Section 17.45.040 C through F.

G.

Review Chapter. Review this chapter as appropriate and make recommendations to the city council for such revisions as may be necessary to ensure this chapter will continue to be in accordance with state policy or to make the administration of this chapter more effective.

H.

Appeals to Board. Act as the representative of the city, with the city attorney, with respect to any appeal filed with the Board under Section 2770(e) of the Act.

I.

Release Financial Assurances. With consent of the finance director, release financial assurances as provided in the Act and this chapter.

J.

Forfeitures, Implementation of Reclamation Plans and Penalties. With the assistance of the city attorney, seek forfeiture of financial assurances and proceed with the completion of reclamation plans as provided in the Act and/or this chapter, and impose penalties as provided in the Act.

K.

Enforcement and Administration. Enforce and administer the provisions of this chapter and the Act and perform such other specific duties as may be assigned to him or her by the city council to implement the provisions of this chapter.

(Ord. 16.93 § 2 (part), 1995)

The planning director shall provide notice of each determination made by the planning director, under Section 17.45.240 E2 and E3, that the provisions of this chapter are not applicable to a proposed excavation and/or earth moving plan which involves removing more than two thousand cubic yards from the site, as follows:

A.

The notice shall contain a general identification or depiction of the site involved in its location, a description of the planning director's determination, a brief statement of the reason(s) for, and/or basis of, the determination and a statement that any interested person may appeal the determination to the planning commission by filing a written appeal with the planning department, within ten working days of the date the notice is mailed.

B.

The notice shall be sent by first class mail to:

1.

Each property owner or his agent, as shown on the last equalized assessment roll and its master index update, whose property is situated within three hundred feet of the site which is the subject of the determination;

2.

To the owner(s) of the site;

3.

To the applicant, if other than the owner(s) of the property;

4.

To each person who has filed a written request for the particular notice with the planning department and deposited a sufficient number of postage paid self-addressed mailing envelopes with the request.

(Ord. 16.93 § 2 (part), 1995)

A person proposing to operate a surface mining operation which is subject to the requirements of this chapter, in addition to obtaining all approvals required by this chapter, shall also obtain, prior to commencing operations, all other reviews, approvals and permits which may be required by the city for the proposed mining operation. These reviews, approvals and permits may include, but are not limited to, a grading permit and a conditional use permit, as well as project review under the provisions of CEQA. If such are required, they may be applied for and shall be processed to the extent feasible at the same time and in conjunction with the applications and materials required to be submitted by this chapter. If a conditional use permit is required under the provisions of Title 17 (the Zoning Code) for the proposed operation, the conditional use permit application may be processed first, if such would be in conformity with good administrative processes as determined by the planning director, but a condition thereof shall require that the applicant obtain the permit and other approvals required under this chapter, if it is determined that the provisions and requirements of this chapter apply to the proposed project or any element thereof.

(Ord. 16.93 § 2 (part), 1995)

The provisions of this chapter shall be applied to all development and grading applications filed on and after the effective date of the ordinance codified in this chapter and to all prior developments and permits expressly made subject to its provisions by the planning commission or city council.

(Ord. 16.93 § 2 (part), 1995)