Except as provided in sections 7-25-1090 and 7-25-1095 of this Article, any person who proposes to engage in surface mining operations within the unincorporated area of Tulare County shall, prior to the commencement of such operations, obtain a permit to mine, approval of a reclamation plan and approval of financial assurances in accordance with the provisions of this Chapter, the Act and the regulations.
The provisions of this Chapter are not applicable to those activities and operations which are exempted by sections 2714 and 2776 of the Act.
(a)
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 pursuant to the provisions of this Chapter as long as such vested right continues, provided that no substantial change is made in that operation. A person shall be deemed to have such 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 substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the issuance of a permit shall not be deemed liabilities for work or materials.
(b)
Any person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall have a reclamation plan approved by the County for operations conducted after January 1, 1976, unless a reclamation plan was approved by the County prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this Chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.
(c)
A person who has obtained a vested right or is currently in operation under a permit to conduct surface mining operations shall submit to the County Planning and Development Director, and receive approval of, financial assurances sufficient to ensure reclamation is performed in accordance with the reclamation plan approved for the mined lands of such surface mining operations unless such surface mining operations were terminated and reclaimed in accordance with a reclamation plan approved by the County. Nothing in this Chapter shall be construed as requiring the filing of financial assurances or a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.
(Amended by Ord. No. 3238, effective 3-30-00)
(a)
Applications for a permit, approval of a reclamation plan and/or approval of financial assurances, approval of an interim management plan, minor modifications, or for extensions of time required by sections 7-25-1020, 7-25-1085, 7-25-1095, 7-25-1120, 7-25-1125, 7-25-1130, 7-25-1135,7-25-1150 and 7-25-1155 of this Article shall be made to the Planning and Development Director. Such applications shall be on forms furnished by the Planning and Development Department and shall provide all information pertaining to the mining operation required by the Act and the regulations, including as appropriate but not limited to the information required by sections 2772 and 2773 of the Act and sections 3500 et seq. and 3700 et seq. of the regulations as well as such additional information as may be required by the Planning and Development Director. Every application shall be signed by the owner or operator of the mining operation or proposed mining operation.
(b)
In addition to the foregoing, the Planning Commission, Zoning Administrator or the Planning and Development Director, whichever considers the application, may require additional information relevant to the project as needed to determine whether the public health and safety require the denial of the permit, reclamation plan, financial assurances, interim management plan, extension of time, or the imposition of conditions.
(c)
The Planning and Development Director shall notify the State Department of Conservation and shall submit to the State Department of Conservation any applications filed under this section and all proposed surface mining operations permits, reclamation plans, and/or financial assurances in accordance section 2774 of the Act.
(Amended by Ord. No. 3238, effective 3-30-00)
(a)
Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, a schedule of fees to be paid by applicants with each application for a mining permit and/or approval of a reclamation plan and/or approval of financial assurances or any amendments thereto, pursuant to this chapter.
Mining Permit and/or Reclamation Plan | $4,131.00 |
Mining Permit and/or Reclamation Plan authorized to be processed by the Zoning Administrator pursuant to section 7-25-1115 of this Chapter | $2,195.00 |
Mining Permit and/or Reclamation Plan authorized to be processed by the Zoning Administrator pursuant to section 7-25-1115 of this chapter which are determined to be exempt from the requirements of the California Environmental Quality Act of 1970, as amended | $1,737.00 |
Application for amendment to: | |
Mining Permit and/or Reclamation Plan which was processed by the Planning Commission | $2,031.00 |
Mining Permit and/or Reclamation Plan which was processed by the Zoning Administrator | $1,026.00 |
Application for Director’s Approval of Minor Modification to: | |
Mining Permit and/or Reclamation Plan authorized to be processed by the Planning Commission | $433.00 |
Mining Permit and/or Reclamation Plan authorized to be processed by the Zoning Administrator | $217.00 |
Application for approval of Financial Assurances for Reclamation Plans to be approved by the Planning and Development Director | $33.00 |
Appeal of Planning Commission or Zoning Administrator Decision on Mining Permits, Reclamation Plans or Financial Assurances | $267.00 |
Appeal of Planning and Development Director Decisions on Financial Assurances | $267.00 |
Annual Inspection Fee pursuant to Article 5 of this Chapter | Total cost of the inspection Inspection |
Fee for release of Financial Assurances | Total cost of the inspection |
Request for Extension of Time for Surface Mining Permits: | |
Mining Permit authorized to be processed by the Planning Commission | $320.00 |
Mining Permit authorized to be processed by the Zoning Administrator | $167.00 |
Interim Management Plans to be processed by the Zoning Administrator | $1,133.00 |
No part of said fee shall be returned if the applicant subsequently withdraws his application, except in accordance with section 130 of this Ordinance Code. As used herein, "total cost" includes all the costs associated with the work, including, but not limited to, direct costs for staff time, equipment usage and materials and indirect costs for administration, overhead and services and supplies.
(b)
An additional fee in the amount of Ten Dollars ($10.00) shall be collected for each mining permit and/or reclamation plan or an amendment thereto, to defray the expenses incidental to maintaining and enhancing the automated permit processing equipment and software utilized in the Planning and Development Department for processing of planning and building permits and certificates.
(Amended by Ord. No. 3170, effective 11-21-96; amended by Ord. No. 3184, effective 6-7-97; Amended by Ord. No. 3262, effective 10-2-01)
(a)
Before granting a permit, approving a reclamation plan and the financial assurances required therefore, or any amendments thereto, the Planning Commission shall hold a public hearing. The Planning and Development Director shall set the public hearing on a date not more than ninety (90) days after the acceptance of the application as complete in accordance with section 65943 of the Government Code of the State of California. However, if an environmental impact report is required under the California Environmental Quality Act of 1970, California Public Resources Code section 21000 et seq., and the state and local regulations adopted pursuant thereto, the matter shall be set for hearing not more than thirty (30) days after completion of the final environmental impact report rather than the ninety (90) day period specified above.
(b)
Not less than ten (10) days prior to the public hearing, the Planning and Development Director shall cause notice of hearing to be given. Notice shall be given by mailing a notice of the hearing to the applicant and to the owners of all property within three hundred (300) feet of the exterior boundaries of the property to which the permit or reclamation plan would apply. If the property to which the permit or reclamation plan would apply is only a portion of the contiguous property owned by the applicant or the person leasing land to the applicant, then said notice shall be mailed to all owners of property within three hundred (300) feet of the exterior boundaries of all the contiguous property owned by the applicant or by the person leasing the land to the applicant. Regardless of the foregoing provisions, no notice need be given to any owner of property which is located more than one half (1/2) mile from the exterior boundaries of the property to which the permit or reclamation plan would apply. The name and address of said owners, for the purpose of such notice, shall be taken from the current County assessment roll. Failure to mail or to receive such notice, as a result of mistake or inadvertence, shall not affect the validity of the hearing or the decision rendered.
(c)
Within thirty-five (35) days after the close of the hearing, the Planning Commission shall, by resolution, grant or deny approval of the permit, reclamation plan and required financial assurances, or any amendments thereto and shall include the findings relied on in making its decision. Any permit and/or reclamation plan and required financial assurances, or amendment thereto, will be approved only if they fully comply with the requirements of the Act, the regulations and this Chapter and if the establishment, maintenance and operation of the mining operation will not be detrimental to the public health, safety, and general welfare. Any approval may be granted subject to any condition which the Planning Commission may deem necessary to effectuate the purposes of the Act, the regulations and this Chapter.
(d)
Not more than ten (10) days after the Planning Commission has made its decision, the Planning and Development Director shall cause a copy of the decision to be mailed to the applicant, and to any other person who has expressed an interest therein and has deposited with the Planning and Development Department a self addressed, stamped envelope for that purpose. Failure to mail or to receive such notice, as a result of mistake or inadvertence, shall not affect the validity of the decision.
(e)
The decision of the Planning Commission shall become final ten (10) days after the date the decision is made if no appeal has been filed pursuant to section 7-25-1265 of this Article. The owner or operator shall not commence surface mining operations until all of the owners and operators of the surface mining operation have executed an acceptance, in a form approved by the County Counsel, of the Planning Commission’s decision and have recorded, at the owners’ and/or operators’ sole expense, the executed acceptance and a certified copy of the Planning Commission’s resolution of decision.
(f)
If the Planning Commission does not reach a decision within thirty-five (35) days after the close of the hearing as provided in subsection (c) of this section, the whole of the matter under consideration by the Planning Commission, including the permit application, proposed reclamation plan and required financial assurances, or any amendments thereto, shall automatically and immediately be referred to the Board of Supervisors for action as it deems warranted under the circumstances, including treatment of such referral as an appeal to the Board of Supervisors under subsection (d) of Section 7-25-1265 of this Chapter. If, during the public hearing, the Planning Commission renders a tie vote on a motion for tentative or final approval or denial of permit application, proposed reclamation plan and required financial assurances, or any amendments thereto, and is unable to break the tie within fifteen (15) days, the whole of the matter under consideration by the Planning Commission, including the permit application, proposed reclamation plan and required financial assurances, or any amendment thereto, shall automatically and immediately be referred to the Board of Supervisors for action as it deems warranted under the circumstances, including treatment of such referral as an appeal to the Board of Supervisors under subsection (d) of Section 7-25-1265 of this Chapter. For the purposes of this subsection, a tie vote by the Planning Commission may only be broken by an affirmative vote on a subsequent motion for tentative or final approval or denial of a permit application, proposed reclamation plan and required financial assurances, or any amendments thereto.
(Amended by Ord. No. 3220, effective 3-11-99)
(a)
As an alternative to the procedures set forth in section 7-25-1110, the Board of Supervisors may, by resolution, authorize the Zoning Administrator to hold the hearing and make the decision on applications for specified mining permits and/or reclamation plans and financial assurances. The Board may also adopt criteria, standards, policies and controls to provide assistance and guidance to the Zoning Administrator in making decisions under the standards which are set forth in this Chapter.
(b)
When so authorized, the Zoning Administrator shall hear and decide applications for such mining permits and/or reclamation plans and financial assurances pursuant to the following procedures:
(1)
There shall be a public hearing before the Zoning Administrator on each application. The Zoning Administrator shall set the public hearing on a date not more than thirty (30) days after acceptance of the application as complete. However, if a mitigated negative declaration or an environmental impact report is required under the Environmental Quality Act of 1970, and regulations adopted pursuant thereto, the thirty (30) day period shall not start to run until completion of the mitigated negative declaration or environmental impact report.
(2)
If the mining permit and/or reclamation plan will allow a use of real property which is subject to review by the Site Plan Review Committee under section 16.2 of the Tulare County Zoning Ordinance (Tulare County Ordinance No. 352, as amended), the Zoning Administrator shall notify the Site Plan Review Committee of the fact that the permit and/or reclamation plan are under consideration. No decision of the Zoning Administrator on a mining permit and/or reclamation plan subject to review by the Site Plan Review Committee shall be made until the Site Plan Review Committee submits a written report as required by the Zoning Ordinance.
(3)
Not less than ten (10) days prior to the public hearing, the Zoning Administrator shall cause notice of the hearing to be given in accordance with section 7-25-1110 of this Article.
(4)
The decision of the Zoning Administrator shall be in accordance with section 7-25-1110 of this Article, shall be in writing and shall include the findings relied on in making the decision.
(5)
A copy of the decision of the Zoning Administrator shall be publicly posted at or near the door of the Planning and Development Department for a period of one (1) week following the making thereof. Not more than two (2) days after making the decision on the application, the Zoning Administrator shall cause a copy of the decision to be mailed to the applicant, to the Board of Supervisors, and to any other person who has expressed an interest therein and has deposited with the Zoning Administrator a self-addressed, stamped envelope for this purpose. Failure to mail or to receive such notice, as a result of mistake or inadvertence, shall not affect the validity of the decision.
(6)
The decision of the Zoning Administrator shall become final ten (10) days after the date the decision is made if no appeal has been filed pursuant to section 7-25-1265 of this Article. The owner or operator shall not commence surface mining operations until all of the owners and operators of the surface mining operation have executed an acceptance, in a form approved by the County Counsel, of the Zoning Administrator’s decision and has recorded, at the owners’ and/or operators’ own expense, the executed acceptance and a certified copy of the Zoning Administrator’s resolution of decision.
(a)
All surface mining permits approved under this Chapter shall automatically expire and become null and void two (2) years after the date upon which the permit was granted by the Planning Commission, the Zoning Administrator, or, if appealed, the Board of Supervisors unless the applicant has actually commenced the use authorized by the permit within the two (2) year period. The use shall not be considered to have been commenced until the activities thereunder have exceeded those exempted under section 2714 of the Act, as described at the time of permit approval.
(b)
Upon application the Planning Commission or Zoning Administrator, if the Zoning Administrator is so authorized by the Board of Supervisors, may grant one or more extensions of said two (2) year period provided that no extension may exceed a period of two (2) years in duration. The decision on the application for an extension of time shall be posted and mailed as provided in section 7-25-1110(d). If the Commission or Zoning Administrator denies an application for extension, the applicant may appeal the decision to the Board of Supervisors within ten (10) days of the date of the decision pursuant to section 7-25-1265.
(c)
If the applicant, or his or her successor, is unable to commence the authorized use in a timely manner due to extenuating circumstances, including but not limited to natural disaster or litigation resulting from the approval of the permit, then the applicant shall immediately notify the Planning and Development Director. Upon verification by the Planning and Development Director of the extenuating circumstances, the two year period established by subsection (a) shall be automatically tolled during the period of any litigation or for six months, whichever period is longer. The Planning and Development Director shall give written notice of the tolling and length of time for which the two year period will be tolled to the owners and operators of the surface mining operation and the Planning Commission and Zoning Administrator and an extension of time will not otherwise be required.
Applications for amendments to an approved surface mining permit and/or an approved reclamation plan or the financial assurances required therefore may be submitted to the Planning and Development Director in accordance with section 7-25-1100. An application shall detail the proposed changes from the original surface mining permit or reclamation plan and required financial assurances and may request modifications to the permit itself, or to the application, waiver or alteration of conditions imposed thereby. The same procedures shall apply to amendment applications as are applicable to applications for an original permit and/or reclamation plan and financial assurances. Deviations from the originally approved surface mining permit or reclamation plan and the financial assurances therefore shall not be undertaken until such application has been approved by the Planning Commission or Zoning Administrator, the decision approving the application has become final and an acceptance of such the approval has been executed by all owners and operators of the surface mining operation and recorded at the owners’ or operators’ expense with a certified copy of the approval.
The Planning Commission, Board of Supervisors or Zoning Administrator, as part of any action approving a mining permit and/or reclamation plan and the financial assurances required therefore may include in the approval a delegation to the Planning and Development Director of authority to approve, without notice or hearing, minor modifications to the site development plan for the mining permit and/or the reclamation plan approved by the Planning Commission, Board of Supervisors or Zoning Administrator provided that any minor modification shall not substantially change or alter the use approved or conditions imposed. If such authority is delegated by the Planning Commission, Board of Supervisors, or Zoning Administrator, the applicant may apply to the Planning and Development Director for a minor modification upon the form of application required by the Director and upon payment of the application fee set forth in section 7-25-1105 of this Article. Such modifications shall be noted on the approved plans and shall be initialed by the Planning and Development Director. The Planning Director’s decision shall also be mailed and posted as provided in section 7-25-1115(b)(5). The Planning and Development Director shall not, however, approve minor modifications in approved site development plans or reclamation plans that would modify or violate any condition of approval of those plans without first requesting the body which took the final action to determine if such change constitutes a minor modification. If said body determines, by resolution, that such a proposed change constitutes a minor modification for the specific project, the requested change may be processed as such under this section. If the requested minor modification is disapproved by the Planning and Development Director or determined by the decision-making body not be a minor modification, the applicant may apply for an amendment to the surface mining permit or reclamation plan and the financial assurances required therefore as provided for in section 7-25-1125 of this Article.
(a)
The owners and/or operators of each surface mining operation shall submit financial assurances to ensure the faithful performance of the reclamation plan approved for such surface mining operation in accordance with section 2773.1 of the Act.
(b)
The financial assurances to guarantee reclamation in accordance with an approved or amended reclamation plan and the conditions thereof shall take the form of surety bonds, irrevocable letters of credit, trust funds, or such other forms of financial assurances as the State Mining and Geology Board and the Board of Supervisors may adopt, issued by a corporation surety duly authorized to conduct surety business in the State of California, payable to the County of Tulare, or, as the alternate of the County, the State Department of Conservation. As a part of the obligation secured thereby and in addition to the face amount thereof, the financial assurances instrument or instruments shall secure payment to the County of Tulare or, as the alternate of the County, the State Department of Conservation for the costs and reasonable expenses and fees, including reasonable attorneys’ fees, which the County and/or the State may incur in enforcing such obligations. The form of such financial assurances instruments shall be subject to approval of the County Counsel who may require such additional provisions necessary to guarantee performance of such obligation and recovery therefore.
(c)
When a request for approval of the financial assurances is filed separately from an application for approval of or amendment to a surface mining permit or a reclamation plan, or is filed for a surface mining operation which was approved prior to January 1, 1992, such request shall be filed with the Planning and Development Director in accordance with section 7-25-1100. The Planning and Development Director, or his designee, shall determine whether the proposed security is adequate as to the amount necessary to guarantee reclamation in accordance with any approved reclamation plan or amended reclamation plan, and, if so, shall fix the amount thereof, subject to the limitations provided in this section. In making any such determination, the Director of Planning and Development shall consider the recommendations of the Public Works Director and the County Counsel. The Planning and Development Director’s decision shall be in writing and shall be mailed to all owners and operators of the surface mining operation and posted in the County Courthouse by the Planning and Development Department.
(d)
The security approved for the financial assurances shall be posted with the Planning and Development Director, or with such other officer of the County as the Board of Supervisors may designate by resolution. Such security shall be posted by the date set by the Planning and Development Director or other officer or body approving the financial assurances. No surface mining operations shall be undertaken until such security is posted. Failure to post such security shall be considered a default in or violation of the conditions of any surface mining permit or any vested right to undertake surface mining operations.
(e)
Any decision by the Planning and Development Director under this section shall be mailed and posted as provided in section 7-25-1115(b)(5) and shall become final in ten (10) days from the date mailed and posted unless appealed within that ten (10) day period to the Planning Commission in accordance with section 7-25-1265.
(Amended by Ord. No. 3238, effective 3-30-00)
(a)
The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually by the Planning and Development Director to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The adjustment approval decision by the Director shall be mailed and posted in accordance with the provisions of section 7-25-1115(b)(5) and will become final within ten (10) days unless appealed to the Planning Commission within that ten (10) day period in the manner set forth in section 7-25-1265 of this Article.
(b)
If the adjustment is not appealed within the time provided, the mining operator shall, within thirty (30) days of the approval, file any required additional financial assurances with the Planning and Development Director or other designated officer or Department. If the adjustment results in a release of financial assurances to the mining operator, the Planning and Development Director shall, within thirty (30) days, report to the Board of Supervisors and place the matter on the Board of Supervisors’ agenda for action as prescribed in section 7-25-1150 of this Article.
If a surface mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in full force and effect and shall not be released by the Board of Supervisors until new financial assurances are secured from the new owners or new operators and have been approved in accordance with section 2773.1 of the Act and section 7-25-1135 of this Article. At such time as new financial assurances have been secured, the Planning and Development Director shall notify the Board of Supervisors who shall take action as set forth in section 7-25-1150 of this Article.
Upon completion of all or any portion of the required reclamation, the mining operator or owner may request the Planning and Development Director to make an inspection of the surface mining site. If it is found upon inspection that all or a portion of the reclamation has been accomplished in accordance with the approved plan, the Planning and Development Director shall give written notice of the fact to the Board of Supervisors, place the matter on the Board of Supervisors’ agenda for action and the Board of Supervisors shall thereafter cause all or a portion of the financial assurances to be released. The Director shall provide the notices required in section 2773.1(c) of the Act.
(a)
Within ninety (90) days of a surface mining operation becoming idle, as defined in section 2727.1 of the Act, the owner or operator shall make an application for approval of, and submit, an interim management plan to the Planning and Development Director under section 7-25-1100. The interim management plan shall be considered an application for an amendment to the surface mining operation’s approved reclamation plan, but shall not be considered a project within the meaning of the California Environmental Quality Act pursuant to the exemption granted by section 2770 of the Act.
(b)
Application for approval of interim management plans shall be processed in accordance with section 7-25-1115(b) and the following provisions:
(1)
The Zoning Administrator shall approve or tentatively deny the interim management plan within thirty (30) days of acceptance by the Planning and Development Director of a complete application. The Zoning Administrator and the applicant may mutually agree to a longer period of time for the Zoning Administrator’s consideration. The Zoning Administrator’s decision shall be in writing. A tentative denial of the application shall specify the deficiencies of the proposed interim management plan.
(2)
Upon notification of a tentative denial, the applicant shall have thirty (30) days or a longer period as agreed to by the Zoning Administrator to submit a revised interim management plan. Upon the timely receipt of a revised interim management Plan, the Zoning Administrator shall consider the revised interim management plan in accordance with the procedures in section 7-25-1115(b) and shall approve or finally deny the revised interim management plan within thirty (30) days of acceptance of the revised plan.
(c)
The approved interim management plan shall remain in effect for a period of not more than five (5) years, at which time the Zoning Administrator shall, upon application of the owners or operators, either renew or extend the time of the interim management plan for another period not to exceed five years or require the operators and/or owners to commence reclamation in accordance with the approved reclamation plan.
(d)
Financial assurances shall remain in effect during the term of the interim management plan and any extension and are subject to the requirements of section 7-25-1135 of this Article.
(e)
Unless the operators and/or owners have a pending interim management plan application, or have an appeal of the same before the Board of Supervisors, any surface mining operation which remains idle, as defined by section 2727.1 of the Act, for more than one year shall be deemed abandoned and the operators and/or owners shall immediately commence reclamation in accordance with the approved reclamation plan.