(A) 
The Planning Commission is hereby designated as the administrative body empowered to approve, conditionally approve or deny a mining approval, certificate of compliance, reclamation plan approval or any major amendment thereof, at Level VI. The Planning Director is hereby designated as the administrative agency empowered to approve, conditionally approve or deny a minor mining approval amendment at Level IV.
(B) 
Except as specifically provided in this chapter, the regulations prescribed in this chapter and Chapter 18.10 SCCC shall control the procedure governing any mining approval, certificate of compliance, reclamation plan approval, or any amendment thereof, or mining operation review.
(C) 
Applications for a mining approval, major mining approval amendment or reclamation plan approval within the Coastal Zone, as defined by the Coastal Zone, pursuant to Chapter 13.10 SCCC, shall require concurrent application for a coastal development permit pursuant to Chapter 13.20 SCCC.
(D) 
Findings. The Planning Commission may grant a mining approval, certificate of compliance, reclamation plan approval, or major amendment thereof, as it was applied for, or in modified or conditioned form, or for a specific time limit, if, on the basis of the application and evidence submitted, it makes each the following findings:
(1) 
That the proposed location of the mining site and access thereto and the conditions under which it would be operated are not detrimental to the public health, safety, or welfare, or significantly injurious to the environment.
(2) 
That the proposed mining operation complies with each of the applicable provisions of this chapter and all applicable State and/or Federal laws.
(3) 
That the proposed mining operation complies with any applicable specific plan, the County's General Plan and the Local Coastal Plan Land Use Element (if applicable).
(4) 
That the proposed mining operation is consistent with all applicable County ordinances, including without limitations Chapter 16.44 SCCC, Paleontological Resource Protection.
(5) 
That significant surface and groundwater resources including springs and aquifers shall not be adversely affected as a result of the proposed mining operation.
(6) 
That the reclamation plan has been reviewed pursuant to CEQA and the County's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.
(7) 
The project is compatible with available service infrastructure and surrounding uses.
(E) 
Following the granting of a mining approval, certificate of compliance, or reclamation plan approval, the Planning Director shall record the granting of the approval on the appropriate official Electronic Mapping Information System and sectional district zoning maps together with the following information:
(1) 
Permit number of the mining approval, certificate of compliance, or reclamation plan approval.
(2) 
Owner's and operator's name.
(3) 
Type of minerals to be extracted.
(Ord. 4421 § 1, 1996; Ord. 5182 § 16, 2014)
(A) 
No person shall do, cause, permit, aid, abet, or furnish equipment or labor for any new or expanded mining operation until a mining approval or certificate of compliance, or reclamation plan approval has been obtained for the mining site, except to the extent that such person has a vested right in accordance with Public Resources Code Section 2776, and SCCC § 16.54.022.
(B) 
Change of Operator. If a change of operator should occur, the provisions of each and every applicable mining approval, certificate of compliance, reclamation plan approval or amendment thereof shall remain in effect.
(Ord. 4421 § 1, 1996)
No person shall conduct a mining operation unless a reclamation plan approval including financial assurances required by SCCC § 16.54.060 has been approved by the County for such operation, in compliance with this chapter and the California Surface Mining and Reclamation Act.
Prior to County approval of a reclamation plan for any surface mining operation, the Planning Director shall submit such reclamation plan to the Director of the Department of Conservation for a 30-day review and preparation of written comments if the Director so chooses, when submittal shall be made and processed in a manner consistent with Public Resources Code Section 2774(c) and (d).
If a reclamation plan is determined not to substantially meet the requirements of this chapter or the California Surface Mining and Reclamation Act, it shall be returned to the operator within 60 days. The operator shall have 60 days to revise the reclamation plan to address identified deficiencies and return it to the County for further review by the County. Unless the operator has duly and properly filed an appeal to the State Board with regard to nonapproval of a reclamation plan and that appeal is pending before the State Board, the continuation of the surface mining operation is prohibited until the required reclamation plan is approved by the County.
(Ord. 4421 § 1, 1996)
(A) 
No person shall change any mining operation in a manner not expressly permitted under an existing mining approval, certificate of compliance, or reclamation plan approval until a minor or major mining approval amendment has been obtained for the mining site. Amendment of a mining approval or certificate of compliance, or reclamation plan approval shall be governed by the provisions of SCCC § 18.10.134 except as clarified and modified below.
(B) 
Land uses, facilities and appurtenances not specifically applied for and approved by the mining approval or certificate of compliance, or reclamation plan approval are prohibited until an application for a mining approval amendment is filed by the operator and approved by the Planning Director and/or Planning Commission in conformance with this section.
(C) 
Expansion of an existing mining operation beyond limits established in a mining approval or certificate of compliance, or reclamation plan approval, or changes in resources to be mined beyond those authorized in a mining approval or certificate of compliance, or reclamation plan approval, shall be processed as a new approval in accordance with the requirements of this chapter.
(D) 
During the time that a County declared state of emergency exists, conditions of a mining approval or certificate of compliance, or reclamation plan approval, may be temporarily changed by the Planning Director in order to respond to circumstances resulting from the emergency.
(E) 
A minor variation to any condition required by this chapter may be made by the Planning Director, pursuant to the authority contained in SCCC § 18.10.134, and shall be forwarded as a written correspondence item on the next Planning Commission agenda. In reviewing the minor variation the Planning Commission may require the minor variation to be processed as a minor or major amendment or may add, delete, or revise any condition of the minor variation.
(Ord. 4421 § 1, 1996)
Except as otherwise provided in this chapter, any application for a mining approval, certificate of compliance, reclamation plan approval, or major mining approval amendment shall contain the following information and documentation regarding the proposed and/or existing mining operation and the proposed reclamation of the mining site, and shall be prepared and completed in compliance with a form supplied by the Planning Director.
(A) 
General Information.
(1) 
A completed application on a form supplied by the Planning Director;
(2) 
Information containing name, address and telephone number of the applicant, the property owner(s), the owner(s) of each mineral right, any lessee, the operator, and any person designated by the owner or operator as an agent for the service of process;
(3) 
A location and vicinity map;
(4) 
A description of the quantity and type of mineral commodities currently being mined or proposed to be mined;
(5) 
A statement describing each portion of the existing and/or proposed mining operation which has been continuously mined and the date on which mining operation commenced on each portion;
(6) 
A description of each external and internal access route from and within the existing and/or proposed mining site;
(7) 
A legal description together with a record of survey or licensed surveyor map showing the size and the boundaries of the entire parcel(s) or that portion of the parcel for which the approval is sought. Those boundaries shall also be shown on all other maps submitted with the application;
(8) 
An estimate of the maximum annual production of:
(a) 
Mineral commodity to be mined;
(b) 
Overburden to be removed; and
(c) 
Mining waste products or by-products to be produced;
(9) 
An estimate of the total maximum anticipated production of:
(a) 
Each mineral commodity to be mined;
(b) 
Overburden to be removed; and
(c) 
Mining waste products or by-product(s) to be produced;
(10) 
An estimate of annual and total anticipated quantity of overburden, mining waste products and by-product(s) to be shipped and/or retained on the mining site; and
(11) 
Plans, and/or photographs of all proposed or existing buildings, structures and facilities for transportation, storage and processing of materials.
(B) 
Mining Plan.
(1) 
An estimated five-year interval mining plan including cross sections clearly showing each of the following:
(a) 
Depth and configuration of existing and/or proposed mining;
(b) 
Phasing of mining on a five-year-interval basis;
(c) 
Quantity and location of topsoil removed and proposed location of any topsoil stockpile;
(d) 
Quantity and location of overburden removed and location of any overburden stockpile; and
(e) 
Existing contours and proposed five-year interval contours.
(2) 
A final mining plan including cross sections clearly showing the following:
(a) 
Final depth and configuration of mining site;
(b) 
Quantity and location of overburden, mining waste products and any by-products;
(c) 
Final contours and cross sections of mining site;
(d) 
Plan and cross sections for the final placement of overburden;
(C) 
Technical Reports and Maps.
(1) 
A map (one inch equals 200 feet minimum scale, 10-foot contour interval) of the entire mining site prepared by a State licensed professional qualified to prepare such map clearly showing all existing physical features on the site including (without limitation): contours, watercourses, springs, ponds, lakes, levees, roads, railroads, conveyors, wells, utilities and structures.
The map shall show the property boundaries as shown on the record of survey or licensed surveyor map required by subsection (A)(7) of this section and existing contours and structures on neighboring parcels within 200 feet of each property line.
(2) 
A map (one inch equals 200 feet minimum scale, 10-foot contour interval) of the entire property prepared by a State licensed professional qualified to prepare such map and prepared in consultation with a qualified botanist, horticulturist or plant ecologist clearly showing types of vegetative cover, exposed areas, and contours.
(3) 
A map (one inch equals 200 feet minimum scale, 10-foot contour interval) prepared by a professional determined by the Planning Director to be qualified to prepare such map of all appropriate hydrologic information and static groundwater elevations shown in relation to existing surface contours.
(4) 
A report prepared by a registered geologist describing the general geology of the area, together with a detailed description of the geology and other pertinent geologic and geomorphic features of the mining site.
(5) 
A report prepared by the operator describing present and proposed mining procedures, equipment and facilities, appurtenances, and maintenance procedures.
(6) 
A report prepared by the operator describing the estimated daily quantity of water required for each mining operation, its course after use and a plan for a recycling process.
(7) 
A report prepared by the operator describing the maintenance plan for all present and proposed settling ponds and drainage structures.
(8) 
A report prepared by the operator describing the nature of the processing of mineral products and disposal methods of the mining waste products or by-products.
(9) 
An engineered drainage plan addressing existing site drainage and all phases of the mining operation including stockpile sites for mined materials, overburden and mining waste products and by-products. All drainage structures, including settlement basins, culverts, and drainage channels, shall be designed for a 10-year, six-hour duration storm event.
(10) 
An erosion control plan for all phases of the mining operation.
(11) 
A hydrogeological report shall be required addressing protection of each groundwater aquifer and groundwater recharge area when a new mining site is proposed or as required by the Planning Director where and when there is reasonable cause to suspect adverse impact to groundwater supply or an aquifer. The report shall be prepared by an independent professional hydrologist approved by the Planning Director and shall address the following at minimum:
(a) 
Static and peak groundwater elevations throughout the proposed mining site; and
(b) 
Potential impacts on each affected groundwater aquifer or spring including impact of wells associated with the mining operation; and
(c) 
Impact on adjacent wells; and
(d) 
Impact of the removal of spring or groundwater recharge area on the underlying aquifer.
(D) 
Reclamation Plan. The reclamation plan shall be filed with the County by any person who owns, leases, or otherwise controls or operates on all, or any portion of any mining site or mined lands, and who plans to conduct surface mining operations on the lands. The reclamation plan shall contain all of the following information and documents, and all documentation for the reclamation plan shall be submitted to the County at one time.
(1) 
The name and address of the surface mining operator and the names and addresses of any persons designated by the operator as an agent 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 proposed dates for the initiation and termination of surface mining operation.
(4) 
The maximum anticipated depth of the surface mining operation.
(5) 
The size and legal description of the lands that will be affected by the surface mining operation, a map that includes the boundaries and topographic details of the 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, the lands, the location of all proposed access roads to be constructed in conducting the surface mining operation, and the names and addresses of the owners of all surface interests and mineral interests in the lands.
(6) 
A description of, and 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, including a report prepared by the operator describing the steps or phases of the mining operation for which concurrent reclamation is feasible, including a proposed time schedule for such concurrent reclamation.
(7) 
A description of the proposed use or potential uses of the mined lands after reclamation and evidence satisfactory to the Planning Director that all owners of a possessory interest in the land have been notified of the proposed use or potential uses of the reclaimed or mined lands.
(8) 
A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including all of the following:
(a) 
A map of the final mining site showing the extent of the proposed reclamation.
(b) 
One or more maps showing the phasing of the mining operation site and proposed corresponding reclamation.
(c) 
A revegetation plan prepared pursuant to the standards of SCCC § 16.54.055(F).
(d) 
An engineered final drainage and erosion control plan for the reclaimed mining site including roads, overburden, mining waste product(s) and by-product(s) stockpile sites, and the mining floor. All drainage structures, including settlement basins, culverts and drainage channels shall be designed for a 10-year, six-hour storm event.
(e) 
A description of the manner in which contaminants and mining by-products, including, but not limited to, asphalt, petroleum, and blasting by-products, will be mitigated, controlled, eliminated, or disposed.
(f) 
A description of the manner in which affected streambed channels and streambanks will be rehabilitated to a condition minimizing erosion and sedimentation will occur.
(9) 
An assessment of the effect of implementation of the reclamation plan on future mining in the area.
(10) 
A statement that each holder of possessory or ownership interest in the land which is the subject of the reclamation plan accepts responsibility reclaiming the mined lands in accordance with the reclamation plan.
(11) 
Any reasonably related information which the County Planning Director requests in writing, including a report prepared by the operator describing the manner and time limits in which reclamation of the mining site or mined land, adequate for the proposed use or potential uses, will be accomplished, including:
(a) 
A description of the plan for maintenance of settling ponds and drainage systems after cessation of mining operations.
(b) 
A description of the plan for removal of residual hazards.
(c) 
Any and all information reasonably determined necessary by the Planning Director to demonstrate compliance with this chapter or the California Surface Mining and Reclamation Act.
(12) 
An item of information or a document required pursuant to this section that has already been prepared as part of a permit application for the surface mining operation, or as part of an environmental document prepared for the project pursuant to Division 13 (commencing with Section 21000), may be included in the reclamation plan by reference, if that item of information or that document is attached to the reclamation plan when the County submits the reclamation plan to the Director of the Department of Conservation, for review. To the extent that the information or document referenced in the reclamation plan is used to meet the requirements of subsection (D) of this section, the information or document shall become part of the reclamation plan and shall be subject to all other requirements of this chapter.
(Ord. 4421 § 1, 1996)
Any application for a minor mining approval amendment shall contain the following information and documentation:
(A) 
A complete application on a form supplied by the Planning Department.
(B) 
A brief report by the operator describing the requested amendment and including new or changed information required by SCCC § 16.54.040 which is necessary to adequately consider said minor amendment.
The application shall be processed at Level IV and requires public notification in accordance with SCCC § 16.54.024.
(Ord. 4421 § 1, 1996)
(A) 
Each recommended condition set forth in any statement, report, plan or other informational document submitted by the applicant pursuant to the application requirements of SCCC § 16.54.040, as modified and/or approved by the Planning Commission, shall be incorporated as a condition of the related approval.
(B) 
Each property owner of a mining site, the applicant and the operator shall execute, date and return to the Planning Director two copies of a declaration of restrictions binding each to comply with each and every term and condition of the mining approval, certificate of compliance, or reclamation plan approval only. Each such declaration of restrictions regarding an approval shall be executed by each signatory in such manner and formality as shall enable its recordation with the County Recorder, binding each and any successor(s) to comply with each such approval, and every term and condition thereof. Said declaration of restrictions shall be in the form prepared by the Planning Director and shall be filed for recordation within 90 days of the effective date of said approval. No map larger than eight and one-half inches by 11 inches shall be recorded as part of said declaration of restrictions; rather, any such map may be referred to in the declaration of restrictions as being on file in the County Planning Department.
(C) 
The standards and/or conditions set forth in this subsection shall be imposed on each mining approval, certificate of compliance (to the extent lawfully required pursuant to SCCC § 16.54.100), or reclamation plan approval only, or any amendment of such approval or certificate and to establishment, operation and maintenance of the uses approved or certified thereby.
(1) 
Noise and Vibration. All facilities and equipment shall be constructed, maintained and operated in compliance with the industrial performance standards of SCCC § 13.10.345 and County General Plan Section 3.6.1. Maximum noise level measured at property boundaries shall be no greater than 60 dBa for a cumulative period of 15 minutes during any hour of operation. A lower noise level may be required by the Planning Commission if a health or safety effect or nuisance related to noise level is demonstrated. A higher noise level may be authorized by the Planning Commission if the increase in noise level is from construction related activity, the noise is generated only on a specified temporary basis and all neighbors, within 1,000 feet of the property, have been notified in writing of the increase in noise level by the operator.
(2) 
Air Pollution.
(a) 
Each mining operation and reclamation activity shall be conducted in compliance with the requirements of the Monterey Bay Unified Air Pollution Control District.
(b) 
Removal of vegetation shall only be permitted in accordance with the approved phasing plan.
(c) 
Each mining operation shall be conducted so as to minimize dust, particulate matter (PM10), crystalline silica, and any other potentially significant effect of wind erosion.
(d) 
Each interior road within the mining site shall be surfaced, treated or watered frequently enough to preclude wind and traffic generated dust from creating a nuisance affecting any nearby property or public road.
(e) 
Each exterior entrance road shall be maintained reasonably free of dust and debris resulting from any mining operation. Each truck departing the mining site shall be loaded, wetted down or tarped in such a manner so as to comply with all State or Federal laws and minimize spillage on any haul route.
(f) 
In a dry weather period during high wind conditions, each mining operation on an exposed slope shall be curtailed. Stockpiled sand products shall be watered or treated in a manner approved by the Planning Director during periods of high wind conditions so as to minimize off-site dust nuisance to nearby property.
(g) 
Each area vegetated with native species or communities, in either existing or reclaimed portions of any mining site, shall be protected from dust nuisance by a method approved by the Planning Director.
(h) 
Each unvegetated disturbed area not actively involved in a mining operation, including any interim slope which does not meet final contours, shall be hydromulched, hydroseeded or otherwise treated by the start of the rainy season each year by a method and in a manner approved by the Planning Director so as to minimize off-site dust nuisance.
(3) 
Water.
(a) 
The use and discharge of water shall be conducted in compliance with all applicable water district, County, State and Federal laws.
(b) 
Unless specifically described in a drainage and/or erosion control plan as required by SCCC § 16.54.040 and approved by the Regional Water Quality Control Board and the Planning Director, no runoff from the mining site shall be discharged into any natural watercourse.
(c) 
The lowest elevation of any mining operation at any time shall be 20 feet above the peak groundwater elevation unless the Planning Commission determines that a lower or higher elevation will ultimately benefit the recharge of the aquifer.
(d) 
The groundwater recharge capacity of each aquifer or spring within the mining site shall be maintained at a pre-approval level.
(e) 
If the Planning Director determines that reasonable cause exists to suspect adverse impacts from a mining operation on groundwater supply, aquifer, sole source aquifer or spring, a complete hydrogeological report pursuant to SCCC § 16.54.040(C)(11) shall be prepared. However, if the potential impacts are limited, the Planning Director may limit the report to address only the limited impacts identified.
(4) 
Drainage and Erosion Control.
(a) 
Drains, facilities and devices to control storm water runoff shall be constructed and maintained as required in order to prevent erosion and prevent the deposit of sand, silt or other materials into any natural watercourse or onto any property not owned or controlled by any owner or operator of a mining site. Prior to the construction of any settling pond, slurry pond, water reservoir, or storm drainage facility, engineered drainage plans (based on a 10-year storm [six-hour duration]), which conform with the requirements of each applicable approval shall be submitted to the Planning Director for review and approval.
(b) 
Each settling basin, drainageway, culvert, pump, pipeline and other drainage and erosion control features shall be maintained as necessary to assure that each is functioning properly as designed.
(c) 
Runoff originating from the mining site, stockpiles, unpaved on-site roads or other disturbed areas shall be contained on-site except as permitted under the mining approval, certificate of compliance, reclamation plan approval only or amendment thereof. Runoff leaving any mining site shall comply with the requirements of the Regional Water Quality Control Board. Monitoring of runoff discharged by an independent laboratory, and/or installation of a continuous monitoring device, may be required as a condition of such mining approval, certificate of compliance, reclamation plan approval only or amendment thereof. The results of such required monitoring shall be submitted to the Planning Director within 30 days after the monitoring results are obtained and shall also be included in the annual report.
(d) 
All necessary measures shall be taken to prevent access to the mining site by off-road vehicles and persons not associated with the mining operation or authorized by any approval.
(e) 
Each operator shall minimize the surface area of the mining site which is stripped, mined or otherwise disturbed at any given time to the greatest extent compatible with reasonable mining and marketing requirements.
(f) 
Mining operation and reclamation shall be conducted to protect on-site and downstream beneficial uses of water in accordance with State and Federal law, including (without limitation) Porter-Cologne Water Quality Control Act, California Water Code Section 13000, et seq., and the Federal Clean Water Act, 33 U.S.C. Section 1251, et seq., and their respective successor laws.
(g) 
The quality of water, recharge potential, and storage capacity of groundwater aquifers which are the source of water for domestic, agricultural, or other uses dependent on the water shall not be diminished, except as allowed in the applicable mining approval, certificate of compliance, reclamation plan approval only or amendment thereof.
(h) 
Erosion and sedimentation shall be controlled during construction, operation, reclamation, and closure of a mining operation to minimize siltation of lakes and watercourses, and to ensure that land and water resources are protected from erosion, gullying, sedimentation and contamination.
(i) 
Where natural drainages are covered, restricted, rerouted, or otherwise impacted by a mining operation, mitigation measures and/or alternatives shall be required in the mining approval, certificate of compliance, reclamation plan approval only or amendment thereof to assure that runoff shall not cause increased erosion or sedimentation, or other adverse environmental impacts.
(j) 
When stream diversions are required, they shall be constructed in accordance with:
(i) 
The requirements and State law, including (without limitation) the stream and lake alteration agreement between the operator and the Department of Fish and Game; and
(ii) 
The requirements of the Federal law, including (without limitation) Federal Clean Water Act, Section 301 (33 U.S.C. 1311) and Section 404 (33 U.S.C. Section 1344) and/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(iii) 
When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed.
(5) 
Setbacks.
(a) 
Each building, structure, facility and mining operation shall be located no closer to property boundaries than as shown on the applicable approved mining plan. The minimum setback (excepting entrance roads) shall be 150 feet.
(b) 
Notwithstanding subsection (C)(5)(a) of this section, no crushing plant or other apparatus for the processing of any material shall be located within 200 feet of the boundary line of any property in a residential zoning district. However, if such a facility is placed below contiguous ground level, it may be located not less than 100 feet from such boundary line.
(c) 
Prior to excavating, clearing, or otherwise disturbing the land within 200 feet of a mining site boundary, a licensed surveyor or civil engineer employed by the operator shall provide survey markers at 200-foot intervals along both the mining site boundary line and the 150-foot setback line. Each marker shall be maintained in place until a clear, readily identifiable working face is established at an approved setback line.
(6) 
Sensitive Habitat Protection.
(a) 
Each sensitive habitat for rare, endangered, threatened, or unique wildlife or plants or communities thereof located on the mining site shall be mapped and appropriate conditions imposed to assure that mining operation and reclamation reasonably preserve such sensitive habitat(s).
(b) 
Mining operation and reclamation shall be conducted to protect sensitive habitats in accordance with the California Endangered Species Act, California's Fish and Game Code Section 2050, et seq., and the Federal Endangered Species Act, 16 U.S.C. Section 1531, et seq., or the respective successor laws.
(7) 
Days and Hours of Operation. The Planning Commission may limit the hours and days of any mining operation except in the following situations:
(a) 
Where otherwise required by a public authority having superior jurisdiction;
(b) 
Where otherwise necessary due to a declared public emergency.
(8) 
Off-Street Parking Requirements. Off-street parking shall be provided on the mining site for all equipment and for all employee vehicles. Each mining operation in the "M-3" or "TP" zone shall be exempt from any other off-street parking requirements prescribed by this code.
(9) 
Screening. The Planning Commission shall require each mining operation and facility to be screened from any other property or any public road in the vicinity when such screening is necessary to block an unsightly operation or facility from view, or to insulate surrounding properties from noise from such mining operation. All types of screen shall be continuously maintained so as to carry out the intent of this section.
A screen shall consist of one or a combination of the following types, the design of which shall be subject to prior approval by the Planning Commission:
(a) 
Wall. A wall shall consist of concrete, stone, brick or similar solid masonry material.
(b) 
Berm. A berm shall be constructed of earthen materials and it shall be landscaped.
(c) 
Fence. A fence shall be an open weave or mesh type and shall be combined with plant materials to form an opaque screen. Additional fencing requirements are set forth at subsection (C)(11) of this section and SCCC § 16.54.055(J)(1)(e).
(d) 
Planting. Plant materials, when used for visual screening, shall consist of evergreen plants or trees of a native variety together with any necessary irrigation facility(ies) so as to establish the viability of the plants.
(10) 
Haul Routes. The Planning Commission may establish each truck haul route to and from the mining site.
(11) 
Posting of Signs and Construction of Fence. Within 90 days after a mining approval, certificate of compliance, or reclamation plan approval has been granted and continuously thereafter, the outer boundaries of the mining site shall be posted with signs providing notice of approved mining operations to the public. Each sign shall state in letters of not less than four inches in height: "MINING APPROVAL NUMBER _____" and in letters of not less than one inch in height: "THIS PROPERTY MAY BE USED FOR THE MINING AND PROCESSING OF ROCK, SAND, GRAVEL OR MINERALS. THE HOURS OF OPERATION AND MAINTENANCE ARE AS FOLLOWS: _____________." Each sign shall be maintained in legible condition at all times. The entire mining site shall be fenced for safety and maintained by the owner or operator, to the extent and in the manner required by the Planning Commission.
(12) 
Construction of Buildings and Processing Plants. In addition to the mining approval, certificate of compliance, or reclamation plan approval obtained pursuant to this chapter, a building permit shall be required for the construction of new buildings, processing plants and other mining related permanent structures.
(13) 
Timing of Mining Operation and Reclamation. A time schedule including a final completion date for reclamation shall be specified.
(14) 
Reclamation Access. Access for County or State to the mining site to perform reclamation if the operator does not comply with the requirements of the reclamation plan shall be granted by the owner and/or operator in the approval.
(Ord. 4421 § 1, 1996)
(A) 
Time Limitation. Reclamation shall in all cases be completed within the time schedule set forth in the conditions for mining approval, certificate of compliance, reclamation plan approval only or amendment thereof. All recontouring, revegetation and reclaiming efforts shall be phased to commence immediately upon completion of mining operation in any given area.
(B) 
Applicability of Standards. Reclamation of mined lands shall be implemented in conformance with the standards in this section. The standards set forth in subsections (D) through (M) of this section shall apply to each mining operation for which a reclamation plan was approved on or after January 15, 1993, to the extent that:
(1) 
They are consistent with required mitigation identified in conformance with the California Environmental Quality Act; provided, that such mitigation is at least as stringent as the standards specified in this section; and
(2) 
They are consistent with the planned or actual subsequent use or uses of the mining site; and
(3) 
Where an applicant demonstrates to the satisfaction of the Planning Director that an exception to the standards specified in this section is necessary based upon the approved end use, the Planning Director may approve a different standard for inclusion in the approved reclamation plan. Where the Planning Director allows such an exception, the approved reclamation plan shall specify verifiable, site-specific standards for reclamation. The Planning Director may set standards which are more stringent than the standards set forth in this section; however, in no case may the Planning Director approve a reclamation plan which sets any standard which is less stringent than the comparable standard specified in this section.
(4) 
When substantial amendment is proposed to a reclamation plan which was approved prior to January 15, 1993, the standards set forth in this section shall be applied by the Planning Director in approving or denying approval of the amended reclamation plan.
(C) 
Mined lands for which a reclamation plan was approved between September 1, 1972, and January 15, 1993, shall be reclaimed pursuant to standards of the approved reclamation plan, including any amendments thereto authorized by SCCC § 16.54.074 or § 16.54.100.
(D) 
Performance Standards for Wildlife Habitat. Wildlife and wildlife habitat shall be protected in accordance with the following standards:
(1) 
Rare, threatened or endangered species as listed by the California Department of Fish and Game (California Code of Regulations, Title 14, Sections 670.2 through 670.5), the U.S. Fish and Wildlife Service (50 CFR 17.11 and 17.12), or species of special concern as listed by the California Department of Fish and Game in the Special Animal List, Natural Diversity Data Base, shall be protected and their respective habitat conserved as prescribed by the Federal Endangered Species Act, 16 U.S.C. Section 1531, et seq., and the California Endangered Species Act, Fish and Game Code Section 2050, et seq. If avoidance cannot be achieved through the available alternatives, mitigation shall be proposed by the owner(s) and/or operator(s) in accordance with the provisions of the California Endangered Species Act, Fish and Game Code Section 2050 et seq., and the Federal Endangered Species Act, 16 U.S.C. Section 1531, et seq.
(2) 
Wildlife habitat shall be established on disturbed land in a condition at least as good as that which existed before the lands were disturbed by the mining operation, unless the proposed end use precludes its use as wildlife habitat or the approved reclamation plan establishes a different habitat type than that which existed prior to mining.
(3) 
Wetland habitat shall be avoided. Any wetland habitat impacted as a consequence of mining operations shall be mitigated at a minimum of 1:1 ratio to wetland habitat acreage and wetland habitat value.
(E) 
Performance Standards for Backfilling, Regrading, Slope Stability, and Recontouring.
(1) 
Where backfilling is proposed for urban uses (e.g., roads, building sites, or other improvements sensitive to settlement), the fill shall be compacted in accordance with Section 7010, Chapter 70 of the 1991 Edition of the Uniform Building Code published by the International Conference of Building Officials, standards set forth in the County's grading ordinance (whichever standard is stricter), as appropriate for the approved end use.
(2) 
Where backfilling is required for resource conservation purposes (e.g., agricultural, fish and wildlife habitat, wildland conservation), fill material shall be backfilled to the standards required for the resource conservation use involved.
(3) 
Piles or dumps of mining waste products, by-products or overburden shall be stockpiled in such a manner as to facilitate phased reclamation. Such piles or dumps shall be segregated from topsoil and topsoil substitutes or growth media salvaged for use in reclamation.
(4) 
Final reclaimed fill slopes, including permanent piles or dumps of mining waste products, by-products, rock and over-burden shall not exceed 2:1 (horizontal: vertical), except when a site-specific geologic and engineering analysis demonstrates that the proposed final slope will have a minimum factor of safety that is suitable for the proposed end use, and when the proposed final slope can be successfully revegetated.
(5) 
At closure, all fill slopes, including permanent piles or dumps of mining waste products, by-products and overburden shall conform with the surrounding topography and/or approved end use.
(6) 
Final cut slopes, including highwalls or quarry faces of a sand mining operation, shall have a minimum slope stability factor of safety that is suitable for the proposed end use with a stability factor of safety not less than 1.2, and shall be no steeper than 1.5:1 (33 degrees) and shall be benched at a 30-foot vertical interval, and shall conform with the surrounding topography and/or approved end use. Final cut slopes, including highwalls and quarry faces of a hard rock mining operation, may be steeper than 1.5:1 (33 degrees) and have a greater bench interval than 30 feet if it can be demonstrated that a steeper slope or different bench interval is geologically stable, has a minimum slope stability factor of safety that is suitable for the proposed end use with a stability factor of safety not less than 1.2, and conforms with the surrounding topography and/or approved end use, does not create a threat to public health and safety, adversely affect a natural resource or reduce the feasibility of reclamation of a mining site.
(7) 
Permanent placement of piles or dumps of mining waste and overburden shall not occur within wetlands unless mitigation acceptable to the County and California Department of Fish and Game has been proposed to offset wetland impacts and/or losses.
(F) 
Performance Standards for Revegetation.
(1) 
Revegetation shall be part of the approved reclamation plan, unless it is not consistent with the approved end use. A native species vegetative cover suitable for the proposed end use and capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizer shall be established on disturbed land (including roads, ponds, streambeds, and other areas used in the mining operation) unless introduced species are consistent with the approved reclamation plan or unless native species prove infeasible. Vegetative cover or density and species richness shall be, where appropriate, sufficient to stabilize the surface against effects of long-term erosion and shall be similar to naturally occurring habitats in the surrounding area. The vegetative density, cover and species richness of naturally occurring habitats shall be documented in baseline studies carried out prior to the initiation of mining activities. However, for areas that will not be reclaimed to prior conditions, the use of data from reference areas in lieu of baseline site data is permissible.
(2) 
Test plots conducted simultaneously with mining shall be required to determine the most appropriate planting procedures to be followed to ensure successful implementation of the proposed revegetation plan. The Planning Director may waive the requirement to conduct test plots when the success of the proposed revegetation can be documented from experience with similar species and conditions or by relying on competent professional advice based on experience with the species to be planted.
(3) 
Where surface mining activities result in compaction of the soil, ripping, disking, or other means shall be used in areas to be revegetated to eliminate compaction and to establish a suitable root zone in preparation for planting. When it is not necessary to remove roadbase materials for revegetative purposes, the Planning Director may set a different standard pursuant to subsection (B)(3) of this section.
(4) 
Prior to closure, all access roads, haul roads, and other traffic routes to be reclaimed shall be stripped of any remaining roadbase materials, prepared in accordance with subsection (F)(7) of this section, covered with suitable growth media or topsoil, and revegetated.
(5) 
Soil analysis shall be required to determine the presence or absence of elements essential for plant growth and to determine those soluble elements that may be toxic to plants, if the soil has been chemically altered or if the growth media consists of other than the native topsoil. If soil analysis suggests that fertility levels or soil constituents are inadequate to successfully implement the revegetation program, fertilizer or other soil amendments may be incorporated into the soil. When native plant materials are used, preference shall be given to slow-release fertilizers, including mineral and organic materials that mimic natural sources, and shall be added in amounts similar to those found in reference soils under natural vegetation of the type being reclaimed.
(6) 
Temporary access for exploration or other short-term uses on arid lands shall not disrupt the soil surface except where necessary to gain safe access. Barriers shall be installed when necessary to prevent unauthorized vehicular traffic from interfering with the reclamation of temporary access routes.
(7) 
Native species shall be used for revegetation, except when introduced species are consistent with the approved reclamation plan or native species prove infeasible. Areas to be developed for industrial, commercial, or residential use shall be revegetated for the interim period, as necessary, to control erosion. In this circumstance, nonnative plant species may be used if they are not noxious weeds and if they are species known not to displace native species in the area.
(8) 
Planting shall be conducted during the most favorable period of the year for plant establishment.
(9) 
Soil stabilizing practices shall be used where necessary to control erosion and for successful plant establishment. Irrigation may be used when necessary to establish vegetation.
(10) 
If irrigation is used, the operator must demonstrate that the vegetation has been self-sustaining without irrigation for a minimum of two years prior to release of the financial assurances by the Planning Director, unless an artificially maintained landscape is consistent with the end use.
(11) 
Noxious weeds shall be managed: (a) when they threaten the success of the proposed revegetation; (b) to prevent spreading to nearby areas; and (c) to eliminate fire hazard.
(12) 
If recommended by the botanist, horticulturist or plant ecologist, plants and seed shall be propagated from sources on the site. If purchased, seed should be from a local source. A "local source" is defined as being as close as possible to the same geographic location or watershed, elevation, aspect, and soil type as the project.
(13) 
The revegetation plan shall provide for re-establishing or enhancing any rare and endangered or locally unique plant communities disturbed by any mining operation.
(14) 
Success of revegetation shall be judged based upon the effectiveness of the vegetation for the approved end use, and by comparing the quantified measures of vegetative cover, density, and species-richness of the reclaimed mined lands to similar parameters of naturally occurring vegetation in the area. Either baseline data or data from nearby reference areas may be used as the standard for comparison. Quantitative standards for success and the location(s) of the reference area(s) shall be set forth in the approved reclamation plan. Comparisons shall be made until performance standards are met; provided, that, during the last two years, there has been no human intervention, including, for example, irrigation, fertilization, or weeding. Standards for success shall be based on expected local recovery rates. Valid sampling techniques for measuring success shall be specified in the approved reclamation plan. Sample sizes must be sufficient to produce at least an 80 percent confidence level. Standard statistical methods in commonly available literature may be utilized for determining an 80 percent confidence level on a site-by-site basis. Examples of such literature include (without limitation) D. Mueller-Dombois and H. Ellenberg, 1978 "Aims and Methods of Vegetation Ecology," John Wiley & Sons, Inc., or D.D. Bonham 1988 "Measurement for Terrestrial Vegetation."
(15) 
Protection measures, such as fencing of revegetated areas and/or the placement of cages over individual plants, shall be used in areas where grazing, trampling, herbivory, or other causes threaten the success of the proposed revegetation. Fencing shall be maintained until revegetation efforts are successfully completed.
(G) 
Performance Standards for the Removal of Buildings, Structures and Equipment. All equipment, supplies, and other materials shall be stored in designated areas (as shown in the mining approval, certificate of compliance, or reclamation plan approval). All mining waste shall be disposed of in accordance with State and local health and safety ordinances. All buildings, structures, and equipment shall be dismantled and removed prior to final mine closure or within six months of termination of the mining operation (whichever is earlier) except those buildings, structures, and equipment approved in the reclamation plan as necessary for the end use.
(H) 
Performance Standards for Topsoil Salvage, Maintenance, and Redistribution. When the approved reclamation plan calls for revegetation or cultivation of disturbed lands, the following performance standards shall apply to topsoil salvage, maintenance, and redistribution activities:
(1) 
All salvageable topsoil suitable for revegetation shall be removed as a separate layer from areas to be disturbed by mining operations. Topsoil and vegetation removal shall not precede surface mining activities by more than one year, unless a longer time period is approved by the Planning Director.
(2) 
Topsoil resources shall be mapped prior to stripping and the location of topsoil stockpiles shall be shown on a map in the Reclamation Plan. If the amount of topsoil needed to cover all surfaces to be revegetated is not available on site, other suitable material capable of sustaining vegetation (such as subsoil) shall be removed as a separate layer for use as a suitable growth media. Topsoil and suitable growth media shall be maintained in separate stockpiles. Test plots may be required to determine the suitability of growth media for revegetation purposes.
(3) 
Soil salvage operations and phases of reclamation shall be carried out in accordance with a schedule that: (a) is set forth in the approved reclamation plan; (b) minimizes the area disturbed; and (c) is designed to achieve maximum revegetation success allowable under the mining plan.
(4) 
Topsoil and suitable growth media shall be used to phase reclamation as soon as can be accommodated by the mining schedule presented in the approved reclamation plan following the mining of an area. Topsoil and suitable growth media that cannot be utilized immediately for reclamation shall be stockpiled in an area where it will not be disturbed until needed for reclamation. Topsoil and suitable growth media stockpiles shall be clearly identified to distinguish them from mine waste dumps. Topsoil and suitable growth media stockpiles shall be planted with a vegetative cover or shall be protected by other equally effective measures to prevent water and wind erosion and to discourage weeds. Relocation of topsoil or suitable growth media stockpiles for purposes other than reclamation shall require prior written approval from the Planning Director.
(5) 
Topsoil and suitable growth media shall be redistributed in a manner that results in a stable, uniform thickness consistent with the approved end use, site configuration, and drainage patterns.
(I) 
Performance Standards for Tailing and Mining Waste Management. State Water Resources Control Board hazardous mining waste disposal regulations in Article 7 of Chapter 15 of Title 23, California Code of Regulations, shall govern mine waste and tailings, and mine waste disposal units shall be reclaimed in conformance with this chapter.
(J) 
Performance Standards for Closure of Surface Openings, Excavations or Hazardous Areas.
(1) 
Except those used solely for blasting or those that will be mined through within one year, all drill holes, water wells, and monitoring wells shall be completed or abandoned in accordance with each of the following:
(a) 
Water Code Sections 13700, et seq., and 13800, et seq.;
(b) 
The applicable local ordinance adopted pursuant to Water Code Section 13803;
(c) 
The applicable Department of Water Resources report issued pursuant to Water Code Section 13800; and
(d) 
Subdivisions (1) and (2) of Section 2511(g) of Chapter 15 of Title 23 regarding discharge of waste to land.
(e) 
Prior to closure, all portals, shafts, tunnels, excavations or hazardous areas, or other surface openings to underground workings shall be fenced and gated or otherwise protected from public entry in a manner approved by the Planning Director in order to eliminate any threat to public safety and to preserve access for appropriate wildlife habitat. The mining operator and/or owner shall maintain said fencing, gating and/or other protective device(s) during mining operations and thereafter.
(K) 
Performance Standards for Surface Drainage Control.
(1) 
All final surface drainage control measures shall be designed for a 10-year storm, six-hour duration and shall be incorporated into the reclamation plan. Passive drainage control measures such as broad berms and swales are encouraged.
(2) 
Surface mining and reclamation activities shall be conducted to protect on-site and downstream beneficial uses of water in accordance with the Porter-Cologne Water Quality Control Act, Water Code Section 13000, et seq., and the Federal Clean Water Act, 33 U.S.C. Section 1251, et seq.
(3) 
The quality of water, recharge potential, and storage capacity of ground water aquifers which are the source of water for domestic, agricultural, or other uses dependent on the water shall not be diminished, except as allowed in the approved reclamation plan.
(4) 
Erosion and sedimentation shall be controlled during all phases of construction, operation, reclamation, and closure of a surface mining operation to minimize siltation of lakes and watercourses, as required by the Regional Water Quality Control Board or the State Water Resources Control Board.
(5) 
Surface runoff and drainage from surface mining activities shall be controlled by berms, silt fences, sediment ponds, revegetation, hay bales, or other erosion control measures, to ensure that surrounding land and water resources are protected from erosion, gullying, sedimentation and contamination. Erosion control methods shall be designed to handle runoff from not less than the 10-year/six-hour intensity storm event.
(6) 
Where natural drainages are covered, restricted, rerouted, or otherwise impacted by surface mining activities, mitigating alternatives shall be proposed and specifically approved in the reclamation plan to assure that runoff shall not cause increased erosion or sedimentation.
(7) 
When stream diversions are required, they shall be constructed in accordance with:
(a) 
The stream and lake alteration agreement between the operator and the Department of Fish and Game; and
(b) 
The requirements of the Federal Clean Water Act, Section 301 (33 U.S.C. 1311) and Section 404 (33 U.S.C. 1344) and/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(8) 
When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed.
(L) 
Mining is prohibited on agricultural lands by County regulation; nevertheless if any mining occurs in agricultural lands, reclamation standards for agricultural lands shall comply with Sections 3707 and 3708 of the California Code of Regulations.
(M) 
Mining is prohibited in riparian areas by County regulation; nevertheless if any mining occurs in riparian areas, reclamation standards for streambed mining operations shall comply with Section 3710 of the California Code of Regulations.
(Ord. 4421 § 1, 1996)
Financial assurances made payable to the County and the California Department of Conservation shall be submitted by the operator for each new and existing mining operation for which reclamation is required to ensure that adequate reclamation is performed in accordance with the approved reclamation plan.
The submittal of financial assurances shall comply with the following criteria:
(A) 
Financial assurances may take the form of surety bonds, irrevocable letters of credit, trust funds, or other mechanisms adopted by the State Board through the regulatory process and reasonably determined by the Planning Director to be adequate to perform reclamation in accordance with the approved reclamation plan.
(B) 
Financial assurances shall remain in effect for the duration of the mining operation and any additional period necessary to complete adequate reclamation. However, financial assurances shall no longer be required of a mining operation and shall be released upon written notification by the Planning Director to the operator and Director of the Department of Conservation upon documentation that reclamation has been completed in accordance with the approved reclamation plan.
(C) 
The Planning Director shall base the amount of financial assurances necessary to secure adequate reclamation on estimates prepared by a registered civil engineer and a botanist, horticulturist or plant ecologist retained by the operator and approved by the Planning Director. The botanist, horticulturist or plant ecologist shall have demonstrated experience in revegetation of mining sites and reestablishing native plant communities and the registered civil engineer shall have demonstrated experience in the design and maintenance of drainage systems and reclamation of mining sites. The amount of financial assurances shall be reviewed annually by the Planning Director and adjusted to account for new lands disturbed by the mining operation, inflation and reclamation accomplished in accordance with the approved reclamation plan.
(Ord. 4421 § 1, 1996)
(A) 
Prior to approving a financial assurance for a new or major amended mining operation, or an existing mining operation which does not have financial assurances which received County approval prior to January 1, 1991, the Planning Director shall present a review of the amount and type of financial assurance to the Planning Commission in a public hearing to ensure that the financial assurance is adequate to ensure reclamation and substantially meets the applicable requirements of Public Resources Code Sections 2772, 2773 and 2773.1 and this chapter.
(B) 
The amount and type of financial assurance for an existing mining operation which has received County approval of its financial assurance prior to January 1, 1991, shall be reviewed and determined administratively by the Planning Director whose decision shall be final. The review of existing financial assurances shall not be considered a project for purposes of the California Environmental Quality Act.
(C) 
Prior to County approval of a financial assurance for any mining operation, the Planning Director shall submit such financial assurance, including any existing financial assurance, to the Director of the Department of Conservation for a 45-day review and preparation of written comments if the Director so chooses, which submittal shall be made and processed in a manner consistent with Public Resources Code Section 2774(c) and (d).
(D) 
A financial assurance determined not to substantially meet the requirements of this chapter or the California Surface Mining and Reclamation Act shall be returned to the operator within 60 days. The operator shall then have 60 days to revise the financial assurance to address identified deficiencies and return it to the County for further review by the County and the Director of the Department of Conservation. Unless the operator has duly and properly filed an appeal to the State Board with regard to nonapproval of a financial assurance, and that appeal is pending before the State Board, the continuation of the surface mining operation is prohibited until the required financial assurance is approved by the County.
(Ord. 4421 § 1, 1996)