A.
This
article is adopted pursuant to the California Surface Mining and Reclamation
Act of 1975, Chapter 9, of the Public Resources Code and amendments
thereto.
B.
The
City recognizes that the extraction of minerals is essential to the
continued economic well-being of the City and 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.
C.
The
City also recognizes that surface mining takes place in diverse areas
where the geologic, topographic, biological, and social conditions
are significantly different and that reclamation operations and the
specifications therefore may vary accordingly.
D.
The purpose and intent of this article is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Section 3500 et seq.), to ensure that:
1.
Adverse
environmental effects are prevented or minimized and that mined lands
are reclaimed to a usable 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. 564 § 3, 2019)
The provisions of SMARA (PRC Section 2710 et seq.), PRC Section
2207, and State regulations CCR Section 3500 et seq., as those provisions
and regulations may be amended from time to time, are made a part
of this article by reference with the same force and effect as if
the provisions therein were specifically and fully set out herein,
excepting that when the provisions of this article are more restrictive
than correlative State provisions, this article prevails.
(Ord. 564 § 3, 2019)
A.
Except
as otherwise provided, the provisions of this article apply to all
lands within the City, public and private.
B.
Except
as provided in this article, no person is authorized to conduct surface
mining operations unless the City approves a zoning permit, reclamation
plan, and financial assurances for reclamation.
C.
This
article does not apply to the following activities, subject to the
above-referenced exceptions:
1.
Minor
excavations or grading conducted for farming or on-site construction
or for the purpose of restoring land following a flood or natural
disaster.
2.
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:
a.
All required permits for the construction, landscaping, or related
land improvements have been approved by the City in accordance with
applicable provisions of State law and locally adopted plans and ordinances,
including, but not limited to, the California Environmental Quality
Act ("CEQA," Public Resources Code, Division 13, Section
21000 et seq.);
b.
The City's approval of the construction project included consideration
of the on-site excavation and on-site earthmoving activities pursuant
to CEQA;
c.
The approved construction project is consistent with the General
Plan, applicable specific plan or zoning of the site;
d.
Surplus materials must not be exported from the site unless and until
actual construction work has commenced and must 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 within a zoning category intended
for the specific use and all other required City permits and approvals
have been obtained;
b.
None of the minerals being processed are being extracted on-site;
c.
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.
4.
Prospecting
for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than 1,000 cubic yards
in any one location and the total surface area disturbed is less than
one acre.
5.
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.
6.
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.
7.
The
immediate excavation or grading of lands affected by a natural disaster
for the purpose of restoring those lands to their prior condition.
8.
The
immediate removal of material deposited by a flood onto lands being
farmed for the purpose of restoring those lands to their prior condition.
D.
Any
applicable exemption from this requirement does not automatically
exempt a project or activity from the application of other regulations,
ordinances or policies of the City, including but not limited to,
the application of CEQA, the requirement of zoning permit approvals
or other permits, the payment of development impact fees, or the imposition
of other dedications and exactions as may be permitted under the law.
(Ord. 564 § 3, 2019)
No person or corporation who obtained a vested right to conduct surface mining operations prior to January 1, 1976, is required to secure a zoning permit so long as the vested right continues in accordance with Section 13.04.110 and as long as no substantial changes have been made in the operation except in accordance with SMARA, State regulations, and this article. However, where a person or corporation with vested rights has continued surface mining in the same area subsequent to January 1, 1976, they must obtain City approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan must include reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).
(Ord. 564 § 3, 2019)
A.
Any
person, except as provided in Section 2776 of the California Surface
Mining and Reclamation Act of 1975, who proposes to engage in surface
mining operations as defined in this chapter must, prior to the commencement
of such operations, obtain:
1.
A
zoning permit;
2.
A
permit to mine; and
3.
Approval
of a reclamation plan, in accordance with the provisions set forth
in this article and as further provided in the California Surface
Mining and Reclamation Act of 1975. A fee, as established for the
permitted uses in the consolidated fee schedule, must be paid to the
City at the time of filing.
B.
Applications for a zoning permit or reclamation plan for surface mining or land reclamation projects must be made on forms provided by the Department and/or the Planning and Building Department, as applicable. Said application must be filed in accordance with this article and procedures as established by the Director and/or the Director of Planning and Building, as applicable. The reclamation plan applications require, at a minimum, each of the elements required by SMARA (Sections 2772—2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, as established at the discretion of the Director and/or the Director of Planning and Building, as applicable. All applications for a zoning permit for surface mining must be made, considered and granted or denied pursuant to Section 13.06.030. Such applications must be accompanied by data or information required by the Director and/or the Director of Planning and Building, as applicable. All plans and specifications for the grading of the property must be prepared by a registered civil engineer, sealed and signed in accordance with the Business and Professions Code.
C.
Applications
must include all required environmental review forms and information
prescribed by the Director and/or the Director of Planning and Building,
as applicable.
D.
Within
30 days after acceptance of an application for a zoning permit for
surface mining operations and/or a reclamation plan as complete, the
Department and/or the Planning and Building Department, as applicable,
must notify the State Department of Conservation of the filing of
the application. Whenever mining operations are proposed in the 100-year
flood plain 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 and/or the Planning and Building Department, as applicable,
must also notify the State Department of Transportation that the application
has been received.
E.
The
Department and/or the Planning and Building Department, as applicable,
will process the application(s) through environmental review pursuant
to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) and the City's environmental review guidelines.
F.
Upon
completion of the environmental review procedure and filing of all
documents required by the Director and/or the Director of Planning
and Building, as applicable, consideration of the zoning permit approval
and reclamation plan for the proposed surface mine will be scheduled
for public hearing before the City Council, and pursuant to the requirements
of SMARA.
G.
Prior
to final approval of a reclamation plan, financial assurances (as
provided in this article), or any amendments to the reclamation plan
or existing financial assurances, the Department and/or the Planning
and Building Department, as applicable, must submit the plan, financial
assurance, or amendments to the State Department of Conservation for
review. The City Council may conceptually approve the reclamation
plan and financial assurance before submittal to the State Department
of Conservation. If a zoning permit is being processed concurrently
with the reclamation plan, the City Council may also conceptually
approve the zoning permit. However, City Council may defer action
on the zoning permit until taking final action on the reclamation
plan and financial assurances. If necessary to comply with permit
processing deadlines, the City Council may conditionally approve the
zoning permit with the condition that the City Council will not issue
the zoning 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. The State Department of Conservation has
30 days to review and comment on the reclamation plan and 45 days
to review and comment on the financial assurance. The Department and/or
the Planning and Building Department, as applicable, must prepare
a written response to the State's comments containing the following,
and submit a proposed response to the State Department of Conservation
at least 30 days before approval of the reclamation plan, plan amendment,
or financial assurance:
1.
Describing
the disposition of the major issues raised by the State's comments;
2.
Describing
whether the City proposes to adopt the State's comments to the
reclamation plan, plan amendment, or financial assurance;
3.
Specifying,
in detail, why the City proposes not to adopt the comments, if the
City proposes not to adopt the State's comments;
4.
Proving
notice of the time, place, and date of the hearing or meeting at which
the reclamation plan, plan amendment, or financial assurance is scheduled
to be approved by the City.
|
The Director and/or the Director of Planning and Building, as
applicable must send copies of any comments received and response
prepared to the applicant.
|
H.
The
City Council will then take action to approve, conditionally approve,
or deny the zoning permit and/or reclamation plan, and to approve
the financial assurances pursuant to PRC Section 2770(d). The Director
and/or the Director of Planning and Building, as applicable, must
send the State Department of Conservation the final response to the
State's comments within 30 days after approval of the reclamation
plan, plan amendment, or financial assurance.
I.
By
July 1st of each year, the Department and/or the Planning and Building
Department, as applicable, must submit to the State Department of
Conservation for each active or idle surface mining operation:
1.
A
copy of any permit or reclamation plan amendments, as applicable;
2.
A
statement that there have been no changes during the previous year,
as applicable;
3.
The
date of each surface mining operation's last inspection;
4.
The
date of each surface mining operation's last financial assurance
review pursuant to PRC 2773.1 for each operation.
J.
Where
any requirement of the reclamation plan conflicts with any requirement
of the approved zoning permit, the Planning Director and the City
Engineer will determine which requirement applies.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
A.
All
reclamation plans must comply with the provisions of SMARA (Section
2772 and Section 2773) and State regulations (CCR Sections 3500—3505).
Reclamation plans approved after January 15, 1993, reclamation plans
for proposed new mining operations, and any substantial amendments
to previously approved reclamation plans, must also comply with the
requirements for reclamation performance standards (CCR Sections 3700—3713).
B.
The
City may impose additional performance standards as developed either
in review of individual projects, as warranted, or through the formulation
and adoption of City performance standards.
C.
Reclamation
activities must 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 City. Each phase of reclamation must be
specifically described in the reclamation plan and include:
(Ord. 564 § 3, 2019)
A.
To
ensure reclamation will proceed in accordance with the approved reclamation
plan, the City requires as a condition of approval security for the
faithful performance of the reclamation. The applicant may pose security
in the form of a surety bond, cash deposit, irrevocable letter of
credit from an accredited financial institution, or other method acceptable
to the City Attorney and the State Mining and Geology Board as specified
in State regulations, and which the City reasonably determines is
adequate to perform reclamation in accordance with the surface mining
operation's approved reclamation plan. Financial assurances
must be made payable to the City of Santee, the State Department of
Conservation, and such other regulatory agencies the City deems necessary.
B.
Financial
assurances are required to ensure compliance with the reclamation
plan, including but not limited to, revegetation and landscaping requirements,
restoration of aquatic or wildlife habitat, restoration of water bodies
and water quality, slope stability, erosion and drainage control,
disposal of hazardous materials, and other measures, if necessary.
C.
Cost
estimates for the financial assurance must be submitted to the Department
and/or the Planning and Building Department, as applicable, for review
and approval prior to the operator securing financial assurances.
The Department and/or the Planning and Building Department, as applicable,
will forward a copy of the cost estimates, together with any documentation
received supporting the amount of the cost estimates, to the State
Department of Conservation for review. If the State Department of
Conservation does not comment within 45 days of receipt of these estimates,
it will be assumed that the cost estimates are adequate. The City
has the discretion to approve the financial assurance if it meets
the requirements of this article, SMARA, and State regulations.
D.
The
amount of the financial assurance must be based upon 100% of the estimated
cost of reclamation plus a 10% contingency for the actual amount required
to reclaim lands disturbed by surface mining activities since January
1, 1976, all new lands to be disturbed by surface mining activities
in the upcoming year and areas not successfully reclaimed pursuant
to the approved reclamation plan. The estimate must also include any
maintenance of reclaimed areas as may be required. Cost estimates
must be prepared by a California registered Professional Engineer
and/or other similarly licensed and qualified professionals retained
by the operator and approved by the Director and/or the Director of
Planning and Building, as applicable. The estimated amount of the
financial assurance must be based on an analysis of physical activities
necessary to implement the approved reclamation plan, the unit costs
for each of these activities, the number of units of each of these
activities, and the actual administrative costs. Financial assurances
to ensure compliance with establishing revegetation, restoration of
water bodies, restoration of aquatic or wildlife habitat, and any
other applicable element of the approved reclamation plan must 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 operator other than the permittee.
E.
In addition to the amount specified in subsection D of this section, the security instrument must provide that in the event suit is brought by the City and judgment recovered, the surety or financial institution must pay, in addition to the sum specified, all costs incurred by the City in such suit including a reasonable attorney's fee to be fixed by the court.
F.
In
projecting the costs of financial assurances, it must be assumed without
prejudice or insinuation that the surface mining operation could be
abandoned by the operator and, consequently, the City or State Department
of Conservation may need to contract with a third party commercial
company for reclamation of the site.
G.
The
financial assurances must remain in effect for the duration of the
surface mining operation and any additional period until reclamation
is completed, including any required maintenance and establishment
period. Upon completion of the surface mining and reclamation of mined
lands in accordance with the approved reclamation plan, including
maintenance and establishment periods, all financial assurances will
be released, otherwise they must remain in full force and effect.
H.
The
City will annually review amount of financial assurances required
of a surface mining operation for any one year to account for new
lands disturbed by surface mining operations, inflation, and reclamation
of lands accomplished in accordance with the approved reclamation
plan. The financial assurances must 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.
I.
When
requested, revised estimates for the financial assurances must be
submitted to the Director and/or the Director of Planning and Building,
as applicable, at the time of filing of the mine operator's
annual mining operation report. The estimate must cover the cost of
existing disturbance and anticipated activities for the next calendar
year, including any required interim reclamation.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
A.
Zoning
Permit Approvals. In addition to any other findings required by the
City code, zoning permit approvals for surface mining operations must
include a finding that the project complies with the provisions of
SMARA and State regulations.
B.
Reclamation
Plans. For reclamation plans, the following findings are required:
1.
That
the reclamation plan complies with SMARA Sections 2772 and 2773, and
any other applicable provisions.
2.
That
the reclamation plan complies with applicable requirements of State
regulations (CCR Sections 3500—3505, and Sections 3700—3713).
3.
That
the reclamation plan and potential use of reclaimed land pursuant
to the plan are consistent with the City's General Plan and
any applicable specific plans, resource plan or element.
4.
That
the reclamation plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts
from reclamation of the surface mining operations are mitigated to
the maximum extent feasible.
5.
That
the reclamation plan will restore the mined lands to a usable condition
which is readily adaptable for alternative land uses consistent with
the General Plan and applicable specific plan or resource plan.
(Ord. 564 § 3, 2019)
A.
An approved reclamation plan or any conditions thereof may be revised or modified in the same manner provided for a new zoning permit including the requirement for environmental impact review. All proposed modifications of an approved reclamation plan must be consistent with Section 13.06.030.
B.
Minor amendments to the reclamation plan may be approved by the Director pursuant to Section 13.04.060 where the Director determines that such approval will not result in a substantial change in the finished appearance of the mining site land form, will not increase the impacts on adjacent property, and is otherwise consistent with the intent of this chapter and the State Surface Mining and Reclamation Act.
(Ord. 564 § 3, 2019)
A.
No
surface mining may be conducted pursuant to a zoning permit or pursuant
to vested nonconforming rights unless, before beginning grading, an
agreement has been entered into allowing City employees to enter the
property to correct any landscaping or irrigation system deficiencies,
any unsafe conditions, or breach of provisions of the zoning permit
and/or reclamation plan. The agreement must specifically authorize
the City employees or any person authorized by the agreement to enter
the property at any reasonable times for inspection or for the purpose
of correcting any unsafe conditions resulting from the breach of any
provision of the zoning permit or reclamation plan. The agreement
must be executed by the permittee, the owner of the property and by
holders, except government entities, of any lien upon the property
which could ripen into a fee. The permittee must provide acceptable
evidence of title showing all existing legal and equitable interests
in the property. The City Engineer is authorized to execute and accept
the agreement on behalf of the City. The agreement must be recorded
before grading begins pursuant to a zoning permit or reclamation plan.
(Ord. 564 § 3, 2019)
To the fullest extent authorized by law, reclamation plans,
reports, applications and other documents submitted pursuant to this
article are public records. An applicant for a permit required by
this article may identify information it considers proprietary information.
The City will notify the applicant of a request for any information
which the applicant marks as proprietary and provide the applicant
an opportunity to agree to defend and indemnify the City against any
liability or claims, to the satisfaction of the City Attorney, that
may arise as a result of withholding such information. The release
of public records will be governed by the Public Records Act. Proprietary
information will be made available to persons when authorized by the
mine operator and by the mine owner in accordance with Section 2778
of the California Surface Mining and Reclamation Act of 1975.
(Ord. 564 § 3, 2019)
A.
Within
90 days after a surface mining operation becomes idle, the operator
must submit to the Department and/or the Planning and Building Department,
as applicable, a proposed interim management plan (IMP). The proposed
IMP must fully comply with the requirements of SMARA, including, but
not limited to, all zoning permit conditions, and must provide measures
the operator will implement to maintain the site in a stable condition,
taking into consideration public health and safety. The proposed IMP
must be submitted on forms prescribed by the Department and/or the
Planning and Building Department, as applicable, and will be processed
as an amendment to the reclamation plan. IMPs are not considered a
project for the purposes of environmental review.
B.
Financial assurances for idle operations must be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP. All financial assurances must conform to Section 11.40.630.
C.
Upon
receipt of a complete proposed IMP, the City will forward the IMP
to the State Department of Conservation for review at least 30 days
prior to approval by the City.
D.
Within
60 days after receipt of the proposed IMP, or a longer period mutually
agreed upon by the Director and the operator, the City will review
and approve or deny the IMP in accordance with this chapter. The operator
has 30 days, or a longer period mutually agreed upon by the operator
and the Director, to submit a revised IMP. The City will approve or
deny the revised IMP within 60 days of receipt.
E.
The
IMP may remain in effect for a period not to exceed five years, at
which time the City may renew the IMP for another period not to exceed
five years and for another five-year period at the expiration of the
first five-year renewal period if the City finds that the surface
mining operation has complied fully with the IMP, or require the surface
mining operator to commence reclamation in accordance with its approved
reclamation plan.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
As a condition of each zoning permit or reclamation plan, the
Department and/or the Planning and Building Department, as applicable,
will conduct an inspection of the surface mining operation and reclamation
activities within six months after receipt of the mine operator's
annual report. Inspection will 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 12 months, or other qualified specialists, as
may be determined by the Director. All inspections must be conducted
using a form approved and provided by the State Mining and Geology
Board. The Department and/or the Planning and Building Department,
as applicable, will notify the State Department of Conservation within
30 days of completion of the inspection that said inspection has been
conducted, and forward a copy of said inspection notice and any supporting
documentation to the mining operator. The operator is solely responsible
for the reasonable cost of such inspection.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
A.
The
applicant submitting the reclamation plan and financial assurances
must execute an agreement in a form acceptable to the City Attorney
accepting responsibility for reclaiming the mined lands in accordance
with the reclamation plan and conditions of their zoning permit. The
applicant must cause the agreement or a notice or memorandum of the
agreement to be recorded in the office of the County Recorder and
submit a copy of the recorded document to the office of the City Clerk.
B.
Whenever
any surface mining operation or portion of an operation subject to
this chapter is sold, assigned, conveyed, exchanged or otherwise transferred,
the applicant will not be relieved of their obligations under the
agreement until such time as their successor in interest executes
a replacement agreement and posts substitute securities agreeing to
be bound by the provisions of the reclamation plan and conditions
of their zoning permit.
(Ord. 564 § 3, 2019)
Neither the issuance of a zoning permit or reclamation plan
under the provisions of this article, nor the compliance with any
provisions or conditions thereof, relieve any person from any liability
or responsibility resulting from grading operations as specified elsewhere
in this chapter.
(Ord. 564 § 3, 2019)
The Director is authorized to enforce this article.
(Ord. 564 § 3, 2019)
If the Director determines that an operator is not complying
with the terms and conditions of this chapter, the zoning permit or
reclamation plan, the Director is authorized to initiate administrative
remedies authorized by this code, and by SMARA, including, but not
limited to, PRC 2774.1. The Director may notify the operator of any
deficiency. The operator must remedy all deficiencies in the notice
within a reasonable time, not to exceed 30 days. If more than 30 days
is needed to remedy the noticed violation, the operator may enter
into a stipulated order to comply, pursuant to PRC 2774.1, with notice
sent to the State Department of Conservation. If, at the end of this
period of time the zoning permit or reclamation plan is still not
being followed and completed as approved, the Director may pursue
any enforcement actions available, including, but not limited to,
those actions specified in PRC 2774.1 and in this code. Failure to
comply with the terms or conditions of a reclamation plan is a violation
of the zoning permit and a public nuisance.
(Ord. 564 § 3, 2019)
Any person aggrieved by an act or determination of the City administrators in the exercise of the authority granted in this article has the right to appeal that decision pursuant to Chapter 1.14.
(Ord. 564 § 3, 2019)
