This article regulates surface mining and reclamation of mined lands within the City, pursuant to the California Surface Mining and Reclamation Act (SMARA). It further established procedures for the provision, review and approval of reclamation plans and the issuance of permits to conduct mining operations in order to assure that:
A. 
Adverse environmental effects are prevented or minimized.
B. 
Residual hazards to the public health and safety are eliminated.
C. 
Mined lands are reclaimed to a usable condition that is readily adapted to alternative land uses.
D. 
The production and conservation of minerals are encouraged, while duly considering the values of watershed and flood protection, fish and wildlife, recreation and aesthetic enjoyment.
E. 
Provisions of SMARA are fully complied with.
(Ord. 950 § 2 (Exh. A § 2200), 1998)
The following terms as used in this section shall have the following meanings:
Area of regional significance.
An area designated by the State Mining and Geology Board pursuant to Public Resources Code Section 2790, which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located.
Critical gradient.
The maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.
Exploring or prospecting.
The search for minerals by geological, geophysical, geotechnical or other techniques, including but not limited to sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.
Extraction for on-site construction.
Earthen material-moving activities that are required to prepare a site for construction of structures, landscaping, or other improvements (such as excavation, grading, compaction and the location of fills and embankments), or that in and of themselves constitute engineered works (such as dams, road cuts, fills and catchment basins).
Gravel extraction operations.
All or any part of the process involved in the removal by any method of sand, gravel, rock or other earthen material from streambeds or stream channel bars normally subject to inundation during winter flows. Gravel extraction operations shall include but are not limited to on-site processing of extracted material, including screening, washing, crushing, stockpiling or batching; production and disposal of mining waste; and prospecting and exploratory activities.
Idle.
Surface mining operations 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 in the future.
Mined lands.
Includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavation, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property that result from or are used in surface mining operations are located.
Minerals.
Any naturally-occurring chemical element or compound or groups of elements and compounds formed from inorganic processes, and organic substances including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
Mining waste.
Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.
Operator.
Any person who is engaged in surface mining operations personally, or who contracts with others to conduct operations on his behalf.
Person.
Any individual, firm, association, corporation, organization, or partnership, or any city, county, district or state or any department or agency thereof.
Reclamation.
The process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates 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.
State Geologist.
The individual holding office as structured in the California Public Resources Code Section 677.
Surface mining operations.
All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the augur method, dredging or quarrying, or surface work incident to an underground mine. Surface mining operations shall include but not be limited to: in-place distillation, retorting or leaching; the production and disposal of mining waste, prospecting and exploratory activities; borrow pitting; streambed skimming; segregation and stockpiling of material and recovery of same.
(Ord. 950 § 2 (Exh. A § 115), 1998)
The provisions of SMARA (California Public Resources Code Sections 2207, 2210 et seq.) and State regulations CCR Sections 3500 et seq., as those provisions and regulations may be amended from time to time, are made 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, then this article shall prevail.
(Ord. 950 § 2 (Exh. A § 2205), 1998)
A. 
Except as provided by this article, no person shall conduct surface mining operations unless a surface mining and reclamation permit, reclamation plan and financial assurances for reclamation have first been approved by the City. Any applicable exemption from this requirement shall not automatically exempt a product 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 for other approvals under the Land Use Code, the payment of development impact fees or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this article shall apply to all lands within the City, public and private.
B. 
The provisions of this article shall not apply to:
1. 
Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.
2. 
Onsite excavations and onsite earthmoving activities that are an integral part of a construction project and that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction or the creation of fills, road cuts and embankments, whether or not surplus materials are exported from the site, subject to the following conditions:
a. 
All required permits for the construction, landscaping or related improvement have secured the necessary permits from the City.
b. 
The City's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.
c. 
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.
d. 
The construction project shall be consistent with the General Plan and other provisions of the Land Use Code.
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, with none of the materials processed being extracted on site. Plant sites that are exempt under this section shall be required to be consistent with the General Plan and the Zoning District regulations that apply to the site.
4. 
Surface mining operations, including prospecting and exploration, in which the mined lands do not exceed one acre in extent or the total amount of material displaced, including overburden, does not exceed 1000 cubic yards.
5. 
Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose.
6. 
Such operations that the City determines to be of infrequent nature and that only involve minor surface disturbances and are categorically identified by the State Board.
(Ord. 950 § 2 (Exh. A § 2210), 1998; Ord. 1116 § 1 (Exh. A § 2), 2012)
No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit under this article as long as such vested right continues, provided that no substantial change is made in the operation except in accordance with the provisions of this article. A person shall be deemed to have vested rights if prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation of the issuance of a permit shall not be deemed liabilities for work and materials.
(Ord. 950 § 2 (Exh. A § 2215), 1998)
The following requirements shall govern applications for surface mining and reclamation permits:
A. 
Applications for permits shall be filed with the planning and building department. Reclamation plan applications shall be submitted on forms provided by the planning and building department and shall be accompanied by a fee in an amount established by resolution of the City Council.
B. 
An operator who has several contiguous or closely related mining operations that are integrated into one overall operation shall have the option of preparing a single plan encompassing all of the related operations, or of treating any of the separate operations as a single unit, upon approval of the City.
C. 
In the case of long-lived or complex operations, a reclamation plan for the operation may describe various aspects of planned phases. This plan may be subsequently amended with City approval if site conditions or economic conditions change.
D. 
Within 30 days of the acceptance of a permit or reclamation plan approval as complete, the planning department shall notify the State Department of Conservation of such filing. Whenever mining or reclamation operations are proposed within the 100-year floodplain of any river or stream, as shown in Zone A of the Flood Insurance Rate Maps, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.
E. 
The planning commission shall hold a public hearing on the proposed application in accord with the provisions prescribed in Chapter 20.28 HMC, Article III.
F. 
Prior to action by the planning commission on such applications, the State Department of Conservation shall be given 30 days to review and comment on the application and 45 days to review and comment on the financial assurances proposed by the applicant.
G. 
The planning and building department shall forward a copy of each approved permit and reclamation plan with approved financial assurances to the State Department of Conservation.
(Ord. 950 § 2 (Exh. A § 2220), 1998)
In addition to meeting the minimum acceptable surface mining and reclamation practices contained within SMARA and policy guidelines, each surface mining operation requiring a permit shall be conducted and designed to meet the following standards. Conditions may be imposed on the approval of mining permits and reclamation plans to ensure compliance.
A. 
All private access approaches leading off any paved public street shall be adequately surfaced to prevent aggregate or other material being drawn into a public right-of-way. If required, an encroachment permit issued by the public works department shall be a condition of the mining permit.
B. 
All haul roads and driveways shall be maintained to minimize the emission of dust. Maintenance shall be conducted as necessary to prevent a nuisance to adjoining properties. Special maintenance procedures (including watering and/or oiling) may be placed on permits.
C. 
Any waters discharged from the site to adjacent lands, streams, or bodies of water shall meet all applicable standards of the Regional Water Quality Control Board.
D. 
During the period that mining operations are being conducted, and prior to final reclamation of mined lands, measures shall be taken to prevent erosion of adjacent lands from waters discharged from the site of mining operations and the off-site construction of properly designed retarding basins, settling ponds and other water treatment facilities, ditches, diking and revegetation of slopes.
E. 
Grades in areas being mined shall be maintained so as to avoid accumulations of water that could serve as breeding areas for mosquitoes or sites of fish entrapment.
F. 
Excavations which may penetrate near or into usable water-bearing strata shall not substantially reduce the transmitting or area through which water may flow unless approved equivalent transmissivity or area has been provided elsewhere, nor subject such groundwater basin or sub-basin to pollution or contamination.
G. 
Permits issued for surface mining operations between the banks of a stream shall include as conditions any measure or measures imposed by the California Department of Fish and Game, as well as any other agencies of jurisdiction.
H. 
Hours of operation shall be limited to the period between 7:00 a.m. and 10:00 p.m., Monday through Saturday, unless otherwise approved by the planning and building director.
I. 
Reclamation activities shall be initiated at the earliest possible time on those portions of 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 the future.
(Ord. 950 § 2 (Exh. A § 2225), 1998)
In addition to the requirements of SMARA and state policy, the reclamation plan shall include the following information and elements and shall be applicable to a specific property or properties:
A. 
The name and address of the operator and the names and addresses of any persons designated as agents.
B. 
The anticipated quantity and type of minerals for which the surface mining operation is to be conducted.
C. 
The proposed dates for the initiation and termination of such operation.
D. 
The maximum anticipated depth of the surface mining operation.
E. 
The size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, and utility facilities within or adjacent to such lands, the location of all proposed access roads to be constructed in conducting the operation, and the names and addresses of the owners of all surface and mineral interests of such lands.
F. 
A description of and 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.
G. 
A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses, will be accomplished, including:
1. 
A description of the manner in which contaminants will be controlled and mining waste will be disposed;
2. 
A description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur;
3. 
A description of the designed steepness and proposed treatment of the mined lands' final slopes, taking into consideration the physical properties of the slope material, its probable maximum water content, landscaping requirements, and other factors. In all cases, reclamation plans shall specify compaction of fill materials in conformance with good engineering practices and slope angles flatter than the critical gradient of the type of material involved. Whenever final slopes approach the critical gradient for the type of materials involved, an engineering analysis of the slope stability shall be required; and
4. 
Disposition of old equipment and structures.
H. 
Measures to be taken to protect the public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site, as well as effects to adjacent properties.
I. 
The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands.
J. 
An assessment of the effect of implementation of the reclamation plan on future mining in the area.
K. 
A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record.
(Ord. 950 § 2 (Exh. A § 2230), 1998)
The following findings are required to approve or conditionally approve applications for mining and reclamation permits:
A. 
Mining Permits. In addition to findings required pursuant to HMC § 20.28.165, the planning commission shall make a finding that the project complies with the provisions of SMARA and the reclamation standards set forth in CCR Sections 3700 et seq.
B. 
Reclamation Plans. In addition to the findings required pursuant to HMC § 20.28.165, the planning commission shall make the following findings:
1. 
The reclamation plan complies with the provisions of SMARA.
2. 
The reclamation plan and proposed use of reclaimed land are consistent with all elements of the General Plan.
3. 
The reclamation plan has been reviewed pursuant to CEQA and all significant adverse impacts from reclamation of surface mining operations are mitigated to levels of insignificance.
4. 
The site to be reclaimed will be restored to a condition that is compatible with and blends in with the surrounding natural environment, topography and other resources, or that suitable off-site development will compensate for related disturbance to resource values.
5. 
Written responses to the Department of Conservation have been prepared, describing the disposition of major issues raised by the Department. Where the City's position is at variance with the comments raised by the Department, the City has responded in a satisfactory manner to the Department.
(Ord. 950 § 2 (Exh. A § 2235), 1998)
Financial assurances shall be required to guarantee that mining and reclamation activities occur in accordance with approved plans.
A. 
The City shall require, as a condition of approval, security that shall be released upon satisfactory performance. The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the City and the State Mining and Geology Board as specified in state regulations, and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the City of Healdsburg and the State Department of Conservation.
B. 
Financial assurances will be required to ensure compliance with the elements of the reclamation plan, including but not limited to revegetation and landscaping improvements, restoration of aquatic or wildlife habitat, restoration of bodies of water and water quality, slope stability and erosion control, disposal of hazardous material and other measures.
C. 
Cost estimates for the financial assurances shall be submitted to the planning department for review and approval prior to the operator's securing financial assurances. The planning and building director shall forward a copy of the cost estimates, together with any other documentation, to the State Department of Conservation for review. If the Department of Conservation does not comment within 45 days of the receipt of the estimates, it shall be assumed that the cost estimates are adequate.
D. 
The amount of the financial assurance shall be based upon the estimated costs of reclamation for the year of phases stipulated in the approved reclamation plan, including the maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount needed to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining in the upcoming year. Cost estimates shall be prepared by a California-registered professional engineer or other similarly qualified person as approved by the planning and building director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan. A contingency factor of 10 percent shall be added to the cost of financial assurances.
E. 
In estimating the costs of financial assurances, it shall be assumed 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.
F. 
Financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed, including required maintenance.
G. 
The amount of financial assurances for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation and reclamation of lands accomplished in accordance with the reclamation plan. The financial assurance shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the operator may not claim credit for reclamation scheduled for completion during the coming year.
H. 
Revisions to financial assurances shall be submitted to the planning department each year prior to the anniversary date of approval of the financial assurances. Financial assurances shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any interim reclamation. If revisions to financial assurances are not required, the operator shall explain, in writing, why revisions are not needed along with necessary documentation.
(Ord. 950 § 2 (Exh. A § 2240), 1998)
A. 
Within 90 days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including, but not limited to, all site approval conditions and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning department and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.
B. 
Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.
C. 
Upon receipt of a complete proposed IMP, the planning department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the planning commission.
D. 
Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning and building director and the operator, the planning commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the planning and building director, to submit a revised IMP. The planning commission shall approve or deny the revised IMP within 60 days of receipt. If the planning commission denies the revised IMP, the operator may appeal that action to the City Council.
E. 
The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.
(Ord. 950 § 2 (Exh. A § 2245), 1998)
Reclamation plans may be amended in the following manner:
A. 
Amendments to an approved reclamation plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with and approved by the City.
B. 
Amendments to an approved reclamation plan shall be approved by the same procedure as that for the original approval of the plan.
(Ord. 950 § 2 (Exh. A § 2250), 1998)
Reclamation plans, reports, applications, and other documents submitted pursuant to this article are public records unless it can be demonstrated to the satisfaction of the City that the release of such information or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. In such cases, the City shall identify such proprietary information as a separate part of each application, which shall be made available only to the State Geologist and to persons authorized in writing by the operator or owner.
(Ord. 950 § 2 (Exh. A § 2255), 1998)
Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and the planning and building department on a date established by the Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before the commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing of the annual surface mining report.
(Ord. 950 § 2 (Exh. A § 2260), 1998)
A. 
The planning department shall arrange for inspection of a surface mining operation within six months of receipt of an annual report to determine whether the operation is in compliance with approvals granted by the City. A minimum of one inspection shall be conducted in any calendar year. Inspections may be made by a state-registered geologist, civil engineer, or landscape architect experienced in reclamation projects and who has not been employed by the mining operation in any capacity during the previous 12 months. Inspections shall be conducted pursuant to a form approved and provided by the State Mining and Geology Board.
B. 
The planning department shall notify the State Department of Conservation within 30 days of completion of the inspection and shall forward a copy of said inspection notice to the mining operator. The operator shall be solely responsible for the cost of the inspection.
(Ord. 950 § 2 (Exh. A § 2265), 1998)
A. 
The action taken by the planning commission to issue, approve, deny or modify a surface mining permit or reclamation plan may, within 10 days of that action, be appealed to the City Council by any person. Such appeal shall be filed with and heard by the City Council in the manner specified in HMC § 20.28.085. If the City Council determines the findings made and action taken by the planning commission to be satisfactory, then the appeal shall be denied. If it determines otherwise, the City Council shall make its own findings and take action in accord with HMC § 20.24.140.
B. 
As provided by the California Public Resources Code, an applicant whose request for a surface mining permit to conduct operations in an area of statewide or regional significance has been denied by the City Council on appeal, may within 15 days of such denial appeal to the State Mining and Geology Board. If the State Board determines that the decision of the City Council is not supported by substantial evidence on the record, the City Council shall hold a public hearing to reconsider its action.
(Ord. 950 § 2 (Exh. A § 2270), 1998)
A. 
It shall be the responsibility of the planning and building director to ensure compliance with the terms and provisions of the permit and/or reclamation plan.
B. 
The planning and building director shall notify the operator of any deficiencies in complying with the conditions of a permit, in which case the operator shall have 30 days to rectify such deficiencies. Failure to rectify such deficiencies or comply with any conditions of the permit, or to complete reclamation in a satisfactory or timely manner, shall constitute sufficient grounds for revocation of a permit and suspension of approval for a reclamation plan.
C. 
Failure to obtain a permit or approval of a reclamation plan as required under the provision of this article and SMARA shall constitute a misdemeanor.
(Ord. 950 § 2 (Exh. A § 2275), 1998)