A.   Extraction Of Minerals Essential To Town Economic Well Being: The town recognizes that the extraction of minerals is essential to the continued economic well being of the town and its residents and to societal needs 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.   Surface Mining In Diverse Areas: The town also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and their related specifications may vary accordingly.

   C.   Purpose And Intent: The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by:

      1.   California's surface mining and reclamation act of 1975 1 (SMARA).

      2.   Public Resources Code section 2207 (relating to annual reporting requirements).

      3.   State mining and geology board regulations ("state regulations") for surface mining and reclamation practice (California code of regulations section 3500 et seq.) to ensure that:

         a.   Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition that is readily adaptable for alternative land uses.

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

         c.   Residual hazards to the public health and safety are eliminated. (Ord. 254, 12-16-2014)

   A.   Incorporation Of SMARA And State Regulations: The provisions of the California surface mining and reclamation act of 1975 1 , Public Resources Code section 2207, and the regulations implementing the act (California code of regulations section 3500 et seq.) ("state regulations") are made a part of this chapter by reference with the same force and effect as if the provisions were specifically and fully contained in this chapter; except that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

   B.   Amendments To SMARA: In the event that the state amends SMARA to the extent that it adds to or conflicts with this chapter, state law shall prevail. (Ord. 254, 12-16-2014)

The provisions of this chapter shall apply to all public and private property in the town. (Ord. 254, 12-16-2014)

   A.   Approval Of Conditional Use Permit, Reclamation Plan, And Financial Assurance Required: Unless exempted by SMARA, state regulations, or subsection B, "Exemptions", of this section, any person who proposes to engage in surface mining operations shall, before the commencement of the operation, obtain town approval of a conditional use permit, reclamation plan, and financial assurances for reclamation in compliance with this chapter. An exemption from these approval requirements shall not automatically exempt a project or activity from the application of other town regulations, ordinances, or policies (e.g., the application of CEQA; the requirements of conditional use permits or other permits; the payment of development impact fees; the imposition of other dedications and exactions as may be allowed under the law; etc.).

   B.   Exemptions: This chapter shall not apply to the following activities, subject to the exceptions noted in subsection A of this section:

      1.   Excavations or grading conducted for farming or for the purpose of restoring land following a flood or natural disaster.

      2.   On site excavation and on site 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, 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 compliance with applicable provisions of state law and locally adopted plans and ordinances, including the California environmental quality act (CEQA).

         b.   The town's approval of the construction project:

            (1)   Is consistent with the general plan.

            (2)   Included consideration of the on site excavation and on site earthmoving activities in compliance with CEQA.

         c.   Surplus materials shall not be exported from the site unless and until the site accepting the surplus materials has also been approved for development according to the appropriate procedures of the agency having land use jurisdiction.

         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 indefinitely suspended, or are no longer being actively pursued.

      3.   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:

         a.   The plant site is located on lands with an appropriate land use zoning district designation commensurate with the activity according to the general plan (e.g., industrial (I)).

         b.   None of the minerals being processed are being extracted on site.

         c.   Reclamation work has been completed in compliance with the approved reclamation plan for mineral extraction activities that occurred on site after January 1, 1976.

      4.   Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less.

      5.   Limited surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose (otherwise known as "assessment work").

      6.   Other surface mining operations that the state mining and geology board determines to be of an infrequent nature and that involve only minor surface disturbances.

      7.   Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

      8.   Road construction and maintenance for timber or forest operations, if the land is owned by the same person or entity and if the excavation is conducted adjacent to timber or forest operation roads. This exemption shall only be available if slope stability and erosion are controlled in compliance with state mining and geology board reclamation regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the department of forestry and fire protection. This exemption shall not apply to on site excavation or grading that occurs within one hundred feet (100') of a class one watercourse or seventy five feet (75') of a class two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes. (Ord. 254, 12-16-2014)

   A.   Pre-SMARA And Post-SMARA Right To Conduct Surface Mining Operations: A conditional use permit shall not be required for any person who has obtained a vested right to conduct surface mining operations before January 1, 1976, as long as the vested right continues and as long as no substantial changes have been made in the operation except in compliance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, the person shall obtain town approval of a reclamation plan covering the mined lands disturbed by the subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre-SMARA and post-SMARA mining, the reclamation plan shall require reclamation proportional to that disturbance caused by the mining after January 1, 1976 (i.e., the effective date of SMARA).

   B.   Other Requirements Applicable To Vested Mining Operations: All other requirements of state law and this chapter shall apply to vested mining operations. (Ord. 254, 12-16-2014)

   A.   Application Filing:

      1.   Applications for a conditional use permit and/or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the department and filed in compliance with chapter 9.61, "Application Processing Procedures", of this title.

      2.   The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA 1 and other state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the director. For surface mining operations that are exempt from a conditional use permit in compliance with this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the town at one time.

      3.   As many copies of the conditional use permit application and the reclamation plan application as may be required by the director shall be submitted to the department.

      4.   Applications shall include all required environmental review forms and information prescribed by the director.

   B.   Fees:

      1.   Establishment Of Fees: The town shall establish processing fees that it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations (e.g., costs of processing of applications, annual reports, inspections, monitoring, enforcement, compliance, etc.). The fees shall be included in the planning fee schedule.

      2.   Payment Of Fees: The fees shall be paid by the operator, as required by the town, at the time of filing of the conditional use permit application, reclamation plan application, and at other times that are determined by the town to be appropriate in order to ensure that reasonable costs of implementing this chapter are borne by the mining operator.

   C.   Processing:

      1.   Within thirty (30) days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the department shall notify the state department of conservation of the filing of the application(s).

      2.   Whenever mining operations are proposed in the 100-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 department shall also notify the state department of transportation that the application has been received.

      3.   The department shall process the application(s) through environmental review in compliance with the California environmental quality act 1 and the town's environmental review guidelines.

      4.   Subsequent to the appropriate environmental review, the department shall prepare a staff report with recommendations for consideration by the commission.

      5.   Before final approval of a reclamation plan and financial assurances (as required in this chapter), or any amendments to the reclamation plan or existing financial assurances, the director shall:

         a.   Certify to the state department of conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and

         b.   Submit the reclamation plan, financial assurances, or amendments to the state department of conservation for review.

         c.   Review by commission and state.

      6.   In compliance with Public Resources Code section 2774(d), the state department of conservation (DOC) shall be given:

         a.   Thirty (30) days to review and comment on the reclamation plan; and

         b.   Forty five (45) days to review and comment on the financial assurance.

      7.   The commission shall evaluate written comments received, if any, from the DOC during the comment periods.

      8.   Staff shall prepare a written response describing the disposition of the major issues raised by the state for the commission's approval. In particular, when the commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. The commission staff report including the staff prepared responses to the DOC, along with the minutes of the hearing, shall constitute the written response to the state.

   D.   Public Hearing: Upon completion of the environmental review procedure and filing of documents required by the director, a public hearing before the commission shall be held to consider approval of the conditional use permit or reclamation plan for the proposed or existing surface mine in compliance with Public Resources Code section 2774.

   E.   Action By Commission: The commission shall then take action to approve, conditionally approve, or deny the conditional use permit and/or reclamation plan, and to approve the financial assurances in compliance with Public Resources Code section 2770(d).

   F.   Conditional Approval: If a conditional use permit is being processed concurrently with the reclamation plan and it becomes necessary to comply with permit processing deadlines, the commission may conditionally approve the conditional use permit with the condition that the department shall not issue the conditional use permit for the mining operations until cost estimates for financial assurances have been reviewed by the state department of conservation and final action has been taken on the reclamation plan and financial assurances.

   G.   Approved Conditional Use Permit And Reclamation Plan Copies Provided To State: The department shall forward a copy of each approved conditional use permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the state department of conservation within thirty (30) days of approval.

   H.   Statement Of Responsibility: Before commencing mining operations, the property owner and/or mining operator shall sign a statement of responsibility accepting responsibility for reclaiming mined lands in compliance with the reclamation plan. The department shall retain the statement of responsibility in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a new statement of responsibility in compliance with subsection I, "Transfer Of Ownership", of this section.

   I.   Transfer Of Ownership: Upon sale or transfer of a mining operation and for the purpose of documenting a transfer of ownership of an approved conditional use permit or reclamation plan, a new property owner and/or mining operator of a mining operation shall submit the following documents before taking over a mining operation:

      1.   The new operator of a mining operation shall file a transfer of ownership application with the department. The director shall approve the application and the transfer of ownership form shall be placed in the department's permanent record.

      2.   The new property owner and/or mining operator of a mining operation shall file a new statement of responsibility with the department. The director shall approve the statement of responsibility and the new statement of responsibility shall be placed in the department's permanent record.

   J.   Findings For Approval Of Permits And Plans:

      1.   Conditional Use Permits: In addition to the findings required by chapter 9.63, "Conditional Use Permit", of this title, conditional use permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

      2.   Reclamation Plans: In order to approve reclamation plans, all of the following findings shall be made in the affirmative:

         a.   The reclamation plan complies with SMARA 1 .

         b.   The reclamation plan complies with applicable requirements of state regulations (California code of regulations sections 3500 - 3505 and 3700 - 3713).

         c.   The reclamation plan and potential use of land reclaimed in compliance with the plan are consistent with this chapter and the general plan and any applicable resource plan or element.

         d.   The reclamation plan has been reviewed in compliance with CEQA and the town's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated below a level of significance or to the maximum extent feasible.

         e.   The land and/or resources, such as water, will be reclaimed to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or suitable off site development will compensate for related disturbance to resource values.

         f.   The reclamation plan will reclaim the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

         g.   A written response to the state department of conservation has been prepared, describing the disposition of major issues raised by that department. Where the town's position is at variance with the recommendations and objections raised by the state department of conservation, the response shall address, in detail, why specific comments and suggestions were not accepted. (Ord. 254, 12-16-2014)

   A.   Protection Of Mines From Incompatible Uses: Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the state department of conservation's division of mines and geology or designated by the state mining and geology board as mineral resource zones (MRZ), as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the general plan. Before 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.

   B.   Mapping Of Identified Resources Areas: In compliance with Public Resources Code section 2762, the general plan and resource maps shall be updated to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the state mining and geology board of the information. Land use decisions within the town shall be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas shall 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. (Ord. 254, 12-16-2014)

   A.   Security Required As Condition Of Approval: To ensure that reclamation will proceed in compliance with the approved reclamation plan, the town shall require as a condition of approval security that will be released upon satisfactory performance.

      1.   Acceptable Types Of Security: The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the town and the state mining and geology board as specified in state regulations, and that the town reasonably determines are adequate to perform reclamation in compliance with the surface mining operation's approved reclamation plan.

      2.   Required Payees: Financial assurances shall be made payable to the town and the state department of conservation. In the case where the approved reclamation plan involves unpatented land under the control of the bureau of land management (BLM), national park service, or U.S. forest service, the appropriate agency shall also be added as a third payee.

   B.   Purpose Of Security: Financial assurances shall be required to ensure compliance with elements of the reclamation plan, including the following:

      1.   Revegetation and landscaping requirements.

      2.   Reclamation of aquatic or wildlife habitat.

      3.   Reclamation of water bodies and water quality.

      4.   Slope stability and erosion and drainage control.

      5.   Disposal of hazardous materials.

      6.   Removal of equipment and buildings that are not part of an approved end use.

      7.   Other measures, if necessary.

   C.   Cost Estimates For Security:

      1.   Cost estimates for the financial assurance shall be submitted to the department for review and approval before the operator actually obtains financial assurances.

      2.   The director shall forward a copy of the cost estimates, together with supporting documentation, to the state department of conservation for review.

      3.   If the state department of conservation does not comment within forty five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the town has reason to determine that additional costs may be incurred.

      4.   The director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

   D.   Cost Estimates To Determine Amount Of Security Required:

      1.   The amount of the financial assurance shall be based upon the estimated costs of reclamation stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year.

      2.   Cost estimates shall be prepared by the mine operator, a licensed engineer, or other professional experienced in the reclamation of mined lands.

      3.   The estimated amount of the financial assurance shall be based on the following:

         a.   An analysis of physical activities necessary to implement the approved reclamation plan.

         b.   The unit costs for each of the physical activities.

         c.   The number of units of each of the physical activities.

         d.   The actual administrative costs.

      4.   Financial assurance to ensure compliance with revegetation, reclamation of water bodies, reclamation of aquatic or wildlife habitat, and other elements of the approved reclamation plan shall be based upon cost estimates that include:

         a.   Labor.

         b.   Equipment.

         c.   Materials.

         d.   Mobilization of equipment.

         e.   Administration.

         f.   Reasonable profit by a commercial operator other than the permittee.

      5.   A contingency factor of ten percent (10%) shall be added to the cost of financial assurances to cover the town's reasonable expenses for the administrative and legal fees required to foreclose on the financial assurance instrument.

      6.   In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the town or state department of conservation may need to contract with a third party commercial company for reclamation of the site.

   E.   Time Period That Security Required To Remain In Effect: The financial assurance shall remain in effect for the duration for the surface mining operation and any additional period specified in the reclamation plan for the purpose of monitoring until reclamation is completed (including any maintenance required).

   F.   Annual Adjustment In Amount Of Security: The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and giving credit for reclamation of lands accomplished in compliance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year. The annual SMARA inspection by the town shall, in most cases, be used to validate the submitted estimate.

   G.   Submittal Of Revised Security Figures: Revisions to financial assurances shall be submitted to the director each year before the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. (Ord. 254, 12-16-2014)

   A.   Applicable State Law:

      1.   Reclamation plans shall comply with the provisions of SMARA 1 and state reclamation regulations (California code of regulations sections 3500 - 3505).

      2.   Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations and any substantial amendments to previously approved reclamation plans shall also comply with the reclamation standards in California code of regulations sections 3700 - 3713.

   B.   Additional Performance Standards: The performance standards in this article 3 shall apply to reclamation plans. In addition, the applicable review authority may impose additional performance standards as developed in review of individual projects, as warranted.

   C.   Phasing Of Reclamation:

      1.   Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the town.

      2.   Each phase of reclamation shall be specifically described in the reclamation plan and shall include all of the following information:

         a.   The beginning and expected ending dates for each phase.

         b.   All reclamation activities required.

         c.   Criteria for measuring completion of specific reclamation activities.

         d.   Estimated costs for completion of each phase of reclamation. (Ord. 254, 12-16-2014)

   A.   Deadline For Submittal Of Interim Management Plan (IMP): Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the department a proposed interim management plan (IMP).

   B.   IMP Submittal Requirements:

      1.   The proposed IMP shall fully comply with the requirements of SMARA and all conditional use permit conditions and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety.

      2.   The proposed IMP shall be submitted on forms provided by the department and shall be processed as an amendment to the reclamation plan.

      3.   An IMP shall not be considered a project for the purposes of environmental review.

   C.   Continuation Of Security Required: Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

   D.   State Department Of Conservation Review: Upon receipt of a complete proposed IMP, the department shall forward the IMP to the state department of conservation for review. The IMP shall be submitted to the state department of conservation at least thirty (30) days before approval by the director.

   E.   Director's Action On IMP: Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the director and the operator, the director shall review and approve or deny the IMP in compliance with this chapter. The operator shall have thirty (30) days, or longer period mutually agreed upon by the operator and the director, to submit a revised IMP. The director shall approve or deny the revised IMP within sixty (60) days of receipt. If the director denies the revised IMP, the operator may appeal that action in compliance with chapter 9.81, "Appeals", of this title.

   F.   Duration Of Approved IMP: The IMP may remain in effect for a period not to exceed five (5) years, at which time the director may renew the IMP for another period not to exceed five (5) years, or require the surface mining operator to commence reclamation in compliance with its approved reclamation plan. (Ord. 254, 12-16-2014)

Surface mining operators shall forward an annual surface mining report to the state department of conservation and to the department on a date established by the state department of conservation, upon forms furnished by the state mining and geology board. New mining operations shall file an initial surface mining report and any applicable filing fees with the state department of conservation within thirty (30) days of initial permit approval, or before commencement of operations, whichever is sooner. Applicable fees, together with a copy of the annual inspection report, shall be forwarded to the state department of conservation at the time of filing the annual surface mining report. (Ord. 254, 12-16-2014)

   A.   Inspection Within Six Months Of Annual Report: The department shall arrange for inspection of a surface mining operation within six (6) months of receipt of the annual report required in section 9.40.110, "Annual Report", of this chapter, to determine whether the surface mining operation is in compliance with the approved conditional use permit and/or reclamation plan, approved financial assurances, and state regulations.

   B.   Minimum One Inspection Per Calendar Year: In no event shall less than one inspection be conducted in any calendar year.

   C.   Eligible Inspectors: The inspections may be made by a state registered geologist, state registered civil engineer, state licensed landscape architect, or state registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the director.

   D.   Inspection Forms: Inspections shall be conducted using a form approved and provided by the state mining and geology board.

   E.   Notification Of Inspection To State: The department shall notify the state department of conservation within thirty (30) 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.

   F.   Payment For Inspection: The operator shall be solely responsible for the reasonable cost of the inspection. (Ord. 254, 12-16-2014)

If the director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable conditional use permit, and/or the reclamation plan, the town shall follow the procedures outlined in Public Resources Code sections 2774.1 and 2774.2 concerning violations and penalties, as well as the provisions of chapter 9.82, "Enforcement And Violations", of this title, for initiating enforcement action, which could include the revocation of a conditional use permit. (Ord. 254, 12-16-2014)

   A.   Transfer Of Ownership And Statement Of Responsibility: See subsections 9.40.060H, "Statement Of Responsibility", and I, "Transfer Of Ownership", of this chapter, for provisions governing ongoing postapproval responsibilities and evidence of transfer of property ownership.

   B.   Other Postapproval Procedures: The procedures and requirements in article 5, "Administration", of this title, related to permit implementation, time limits, extensions, appeals, and revocations, shall apply following the decisions on conditional use permits and reclamation plans. (Ord. 254, 12-16-2014)