The Board of Supervisors hereby finds that extraction of minerals is important to the continued economic well-being of the County and to the needs of society. The regulation and reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The purpose of this chapter is to regulate mining operations pursuant to standards provided herein or in other applicable law so as to:
(A) 
Recognize the importance of the conservation of lands containing significant mineral resources for future mineral development. Any use of lands containing significant mineral resources shall reserve the future option of extraction of minerals in conformance with the policies established in the County's General Plan, Chapter 5.
(B) 
Eliminate residual hazards so as to protect the public and adjacent properties from health and safety hazards and other adverse effects.
(C) 
Protect water resources from adverse effects which might result from unregulated mining operations.
(D) 
Prevent or minimize adverse environmental effects and require that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses and implement the policies of the State of California Public Resources Code Section 2710, et seq., commonly known as the Surface Mining and Reclamation Act of 1975, as required by Section 2774(a) thereof.
(E) 
Encourage the conservation and production of minerals while giving consideration to values relating to recreation, watersheds, wildlife, range and forage, and aesthetic enjoyment.
(F) 
Provide for the reclamation of the land concurrently with mining operations.
(G) 
Provide consistent performance standards applicable to all mining operations.
(H) 
Identify and give public notice of any public hearing on any application for a mining approval, certificate of compliance, reclamation plan approval or mining operation review pursuant to SCCC § 16.54.024.
(I) 
Implement the policies of the General Plan and Local Coastal Program Land Use Plan.
(J) 
Provide for compliance with regulations adopted by the State Board of Mining and Geology, including, but not limited to, Title 14, California Code of Regulations, Section 3500 and following.
(Ord. 4421 § 1, 1996)
Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When a revision to this chapter constitutes an amendment to the Local Coastal Program, such revision shall be processed pursuant to the hearing and notification provisions of Chapter 18.60 SCCC and SCCC § 16.54.024 and shall be subject to approval by the California Coastal Commission. All amendments to this chapter shall be subject to certification by the State Board in conformance with Sections 2774.3 and 2774.5 of the Surface Mining and Reclamation Act. All standards incorporated by reference to statute, code, or regulation with another entity shall be automatically amended by the revised or successor statute, code, or regulation referenced.
(Ord. 4421 § 1, 1996)
The provisions of this chapter govern existing and proposed mining operations and reclamation of mined lands located in the County, including (without limitation) the following aspects thereof:
(A) 
A new mining operation shall not be commenced within the County except on lands zoned "M-3," Mineral Extraction (SCCC § 13.10.341 et seq.), or "TP," Timber Production (SCCC § 13.10.371 et seq.) and then not until a mining approval authorizing said new mining operation has been issued in accordance with the terms of this chapter.
(B) 
Each proposed mining operation shall comply with the reclamation standards, SCCC § 16.54.055.
(C) 
The operator(s) of each mining site operating prior to September 1, 1972, shall obtain a certificate of compliance in accordance with SCCC § 16.54.100.
(Ord. 4421 § 1, 1996)
(A) 
The provisions of this chapter shall apply to the operation of mining sites in this County and each of the following approval and review processes:
(1) 
A new mining approval, pursuant to SCCC § 16.54.030 and § 16.54.040.
(2) 
A certificate of compliance, pursuant to SCCC § 16.54.100.
(3) 
A reclamation plan approval only, pursuant to SCCC § 16.54.101.
(4) 
Mining approval amendment, pursuant to SCCC § 16.54.032 and § 16.54.040 or § 16.54.045.
(5) 
A mining operation review, pursuant to SCCC § 16.54.074.
(B) 
The provisions of this chapter shall not apply to the following activities:
(1) 
Excavation or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.
(2) 
Prospecting or exploring for or the excavation of minerals for commercial purposes and the removal of overburden in total amount of less than 1,000 cubic yards in any one location of one acre or less.
(3) 
Such other surface mining operations which the State Board determines to be of infrequent nature and which involve only minor surface disturbances.
(4) 
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, and related land improvements have been approved by a public agency in accordance with applicable provisions of State law and local adopted plans and ordinances, including, but not limited to, CEQA, Division 13 of the Public Resources Code (commencing with Section 21000).
(b) 
The County's approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA, Division 13 of the Public Resources Code (commencing with Section 21000).
(c) 
The approved construction project is consistent with the General Plan or zoning of the site.
(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.
(5) 
Grading or on-site excavation incidental to the development of land in accordance with plans which have been approved by the County in accordance with the development permit procedure and which include a post-use rehabilitation, including (without limitation) a solid waste facility permit.
(6) 
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.
(7) 
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 designated for industrial or commercial uses in the County General Plan and Local Coastal Program Land Use Plan.
(b) 
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 County.
(c) 
None of the minerals being processed are being extracted on-site.
(d) 
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.
(8) 
The solar evaporation of sea water or bay water for the production of salt and related minerals.
(9) 
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.
(10) 
(a) 
Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Reclamation Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the Board adopted pursuant to this chapter. The Department of Water Resources shall provide an annual report to the Department of Conservation by the date specified by the Department of Conservation on these mining activities.
(b) 
Nothing in this chapter shall require the Department of Water Resources or the Reclamation Board to obtain a permit or secure approval of a reclamation plan from any city or County in order to conduct surface mining operations specified in subsection (B)(10)(a) of this section. Nothing in this chapter shall preclude the bringing of an enforcement action pursuant to Section 2774.1 of the Public Resources Code, if it is determined that a surface mine operator, acting under contract with the Department of Water Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with this chapter.
(11) 
Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes. This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses, in consultation with the Department of Forestry and Fire Protection.
(Ord. 4421 § 1, 1996)
"Abandoned mining operation"
means a mining operation which remains idle for over one year without an approved interim management plan.
"Aquifer"
means a saturated permeable geologic unit that can transmit significant quantities of water under ordinary hydraulic gradients.
"Aquifer, sole source"
means an aquifer which is the sole or principal source of drinking water for an area as determined by the United States Environmental Protection Agency.
"Blast"
means one or multiple detonations of explosives for the purpose of the primary dislocation of mineral deposits.
"Botanist, horticulturist, or plant ecologist"
means an independent, qualified plant botanist, horticulturist or plant ecologist determined by the Planning Director to have demonstrated experience in native plant restoration and demonstrated knowledge of plant communities unique to Santa Cruz County.
"Certificate of compliance"
means a land use approval verifying compliance of an existing mining operation with the provisions of this chapter, the County General Plan, Local Coastal Plan, zoning ordinance, the Surface Mining and Reclamation Act, and other State or Federal law, and authorizing the continuation of existing mining operations in accordance therewith.
"Contamination"
means an impairment of the quality of the surface water and groundwater to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
"Facility"
means a building, processing plant, or other mining related permanent structure.
"Groundwater"
means that part of the subsurface water which is in the saturated zone.
"Hard rock mining"
means the removal of granite, limestone, or other dense rock formation by blasting, ripping or other similar methods.
"Highwall"
means the unexcavated face of exposed overburden and ore in a surface mine.
"Idle mining operation"
means a mining operation curtailed for a period of one year or more by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.
"Indigenous plants"
means plants occurring naturally in an area, not introduced.
"Interim management plan"
means a brief, written report prepared by the operator which provides measures the operator will implement to maintain the mining site in conformance with this chapter and the Surface Mining and Reclamation Act, including (without limitation), each approval issued pursuant thereto.
"Major mining approval amendment"
means a change in a mining approval, reclamation plan approval, or certificate of compliance having a significant impact on the public health or safety or the environment related to or resulting from mining, phasing, or reclamation in connection with a mining operation.
"Mining approval"
means a land use approval authorizing a mining operation and reclamation thereof.
"Mining operation"
means all, or any part, of the process involved in surface or subsurface extraction of minerals, including (without limitation), the removal of overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, hydraulic mining, quarrying and dredging, tunneling or surface work incident to an underground mine. Mining operations shall include (without limitation) in-place distillation, retorting, leaching, blasting, production, or disposal of mining waste products or by-products, mining products and overburden. Prospecting and/or exploring for one or more minerals, without other activities described above, does not constitute a mining operation.
"Mining operation review"
means a review process for a mining operation to investigate compliance with mining approval, certificate of compliance, or reclamation plan approval conditions.
"Mining site or mined lands"
means surface and subsurface and groundwater of areas in which a mining operation will be, is being, or has been conducted, including (without limitation): active mining areas, reclamation areas, drainage facilities, transportation routes within the limits of approved mining areas, storage and stockpile areas, areas for placement of overburden or mining waste, and areas in which land excavations, structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, the mining operation are located.
"Mining waste product or by-product"
includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, mining operation, excluding overburden.
"Minor mining approval amendment"
means minor change to a mining operation having no significant impact on the environment, which may include (without limitation), minor change in hours of operation, drainage pattern or operational equipment.
"Native species"
means plant species indigenous to California, using Pre-European as the historic time reference.
"Noxious weeds"
means any species of plant that is or is likely to become destructive or difficult to control or eradicate.
"Operator"
means any person who is engaged in a mining operation, or who contracts with another to conduct an operation, except a person who is engaged in a mining operation as an employee with wages as sole compensation.
"Overburden"
means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by a mining operation.
"Owner"
means any person who has an ownership or leasehold interest in a mining site or mined lands.
"Planning director"
means the Director of the Planning Department or his or her designee.
"Reclamation"
means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from 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 which 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 meeting the specific requirements for reclamation pursuant to SCCC § 16.54.040, § 16.54.055 and § 16.54.101 providing for the reclamation of any lands affected by mining operations, as approved by the County.
"Reclamation plan approval"
means a land use approval authorizing and requiring the reclamation of mined lands including the removal of all mining related structures and equipment which are not the subject of any existing or proposed mining operation in accordance with this chapter, the County General Plan, Local Coastal Plan, and zoning ordinance and the Surface Mining and Reclamation Act.
"Residual hazard"
means a condition at a ceased, idle, or abandoned mining operation which is a threat to public health or safety, or the environment, or which constitutes a nuisance.
"Sand mining"
means the removal of sand or other loose rock formation by scraping, bulldozing, dredging or other similar methods.
"Sensitive habitat"
has the same definition as that set forth in SCCC § 16.32.040.
"Spring"
means a place where groundwater flows naturally from a rock or soil onto the land surface or into a body of surface water.
"State Board"
means the State Mining and Geology Board.
"State Policy"
means the regulations adopted by the State Board.
"Surface Mining and Reclamation Act (SMARA)"
means Public Resources Code Division 2, Chapter 9, Section 2710 and following.
"Topsoil"
means the upper part of the soil profile that is relatively rich in humus.
"Vegetative cover"
means ratio (%) of the crown or shoot area of a species to the ground surface.
"Vegetative density"
means the number of individuals or stems of each species rooted within the given reference area.
"Vegetative species richness"
means the number of different plant species within the given reference area.
"Watertable"
means the surface defined by the water levels in wells, not operating when measurements are taken, which tops saturated material.
"Wetlands"
means the same as defined in the California Fish and Game Code, Section 2785, subsection (g), or its successor. Active settlement basins or storage ponds used during legal mining operations shall not be considered wetlands as defined above.
(Ord. 4421 § 1, 1996)
No person who has obtained a vested right to conduct a mining operation prior to September 1, 1972, shall be required to secure a mining approval for such mining operation as long as the vested right continues and as long as no substantial changes are made.
A person shall be deemed to have vested rights if, prior to September 1, 1972, he or she has, in good faith and in reliance upon a mining approval or other lawful authorization, if the mining approval or other authorization was required, diligently commenced mining operations and incurred substantial expenses and liabilities for work and material therefor.
(Ord. 4421 § 1, 1996)
Each mining approval, certificate of compliance, reclamation plan approval or any amendment thereof and mining operation review shall be processed and executed in compliance with Chapters 13.11, Site, Architectural and Landscape Design Review; 16.01, Regulations for Preserving and Enhancing the Environment; 16.30, Riparian Corridor and Wetlands Protection; 16.32, Sensitive Habitat Protection; 16.40, Native American Cultural Sites; 16.44, Paleontological Resource Protection; and 16.52 SCCC, Timber Harvesting Regulations.
(Ord. 4421 § 1, 1996)
Public notification of any public hearing for each mining approval, certificate of compliance, reclamation plan approval or any amendment thereof, or mining operations review shall be given in accordance with SCCC § 18.10.117 through § 18.10.119, except that the mailing notification limit from the boundary of the property shall be increased to one-half mile.
(Ord. 4421 § 1, 1996)
(A) 
The Planning Director shall notify the Director of the Department of Conservation, of an application for a mining approval, certificate of compliance, reclamation plan (and the Department of Transportation whenever surface mining operations are proposed within the 100-year flood plain for any stream as shown in Zone A of flood insurance maps issued by the Federal Emergency Management maps, and within one mile, upstream or downstream, or any State highway bridge) approval or amendment thereof to conduct mining operations within 30 days of filing of an application.
(B) 
Prior to approval, the Planning Director shall submit to the Director of the Department of Conservation, the following documents for review:
(1) 
A mining operation's reclamation plan or amendment thereof, for a 30-day review.
(2) 
A mining operation's new financial assurance, including existing financial assurance or amendment thereof, for a 45-day review.
The Planning Director shall respond in writing to the written comments, from the Director of the Department of Conservation within a reasonable amount of time.
(C) 
By July 1st of each year, the Planning Director shall submit to the Director of the Department of Conservation, for each mining operation, a copy of the mining approval, certificate of compliance, reclamation plan approval or amendment thereof or a statement that there have been no changes made to any mining approval, certificate of compliance, or reclamation plan.
(D) 
Prior to the approval or amendment of a reclamation plan, the Planning Director shall submit to the Director of the Department of Conservation, a written document certifying that the reclamation plan is in conformance with all applicable requirements of the Surface Mining and Reclamation Act.
(E) 
Each application for a mining approval, certificate of compliance, reclamation plan approval or major amendment thereof shall be referred to the Regional Water Quality Control Board, the Department of Conservation, the Monterey Bay Unified Air Pollution Control Board, the State Department of Fish and Game and any other public agency having jurisdiction and requesting a copy thereof, for comment and recommendation prior to environmental review of the project in accordance with the County's Environmental Review Guidelines.
(F) 
Copies of any comments received from the Director of the Department of Conservation, or any other public agency shall be referred to the operator.
(Ord. 4421 § 1, 1996)
Application for any use other than mining operations in areas designated in the General Plan as having significant mineral deposits shall comply with the Surface Mining and Reclamation Act (including but not limited to Sections 2762 and 2763) and shall be reviewed and approved by the Planning Commission. A statement specifying the reason(s) for approving any proposed nonmining use shall be submitted by the Planning Director to the Director of the Department of Conservation, and State Board for review and comment prior to any action on the application by the Planning Commission.
(Ord. 4421 § 1, 1996)
Fees necessary for the administration and implementation of this chapter including (without limitation) each mining approval, certificate of compliance, reclamation plan approval or any amendment thereof, mining operation review and mining operation inspection shall be set by resolution of the Board of Supervisors and paid by the operator as a prerequisite to the service, process, determination, or other action for which it is imposed.
(Ord. 4421 § 1, 1996)
(A) 
At the written request of the operator or owner, proprietary information submitted to the County shall be recognized where appropriate by the County as confidential in accordance with the California Public Records Act. However, such confidentiality determination shall not preclude the County from considering and addressing trucking activity, noise, and operating hours, or other relevant issues during public hearings and in approval conditions.
(B) 
Any information in an annual report pursuant to SCCC § 16.54.072 and § 16.54.073 which includes or otherwise indicates the total mineral production, reserves or rate of depletion of any mining operation shall not be disclosed to any member of the public.
(Ord. 4421 § 1, 1996)