HomeMy WebLinkAboutMINUTES - 04112000 - SD12 J
Contra.
TO: BOARD OF SUPERVISORS Cost.
FROM: DENNIS M. BARRY, AICP County
COMMUNITY DEVELOPMENT DIRECTOR
DATE: APRIL 11, 2000
SUBJECT: HEARING ON THE RECOMMENDATION OF THE COUNTY PLANNING COMMISSION
ON PROPOSED MODIFICATIONS TO THE CONTRA COSTA COUNTY ORDINANCE
CODE, CHAPTER 88-11 (COUNTY FILE # ZT1-99)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the Class 8 Categorical Exemption from CEQA as being adequate for
modification of the County Ordinance Code, Chapter 88-11.
2. Approve County Ordinance Text Amendment, as recommended by the County
Planning Commission, County File #ZT 1-99.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON AA r•7 APPROVED AS RECOMMENDED M OTHER__,xx
The Board took the following action:APPROVED staffs recommendations Nos.2,3,4 and 5;and MODIFIED Recommendation
No. 1,FOUND that the roject is exempt from the California Environmental Quality Act(CEQA)pursuant to 15061 (b)(3).
VOTE OF SUPERVISORS See ordinance 2000-18.
1 HEREBY CERTIFY THAT THIS IS A TRUE
XX UNANIMOUS (ABSENT _ _ _ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Catherine Kutsuris (925-3335-1210) ATTESTED Auii li. 2000
cc: CAO PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Building Inspection AND COUNTY ADMINISTRATOR
Community Development Department
BY , DEPUTY
DM/sc
A:#S ZT1-99Board Order
-?1,�Z
County pile ZT 1-99
Board of Supervisors
April 11,2000
Page 2
3. Approve the findings contained in the County Planning Commission Resolution
#1-2000 as the basis for the Board's action.
4. Introduce the ordinance giving effect to the modifications to Chapter 88-11,
waive reading and set date for adoption.
5. Direct staff to file the Notice of Exemption with the County Clerk.
FISCAL IMPACT
None. The cost of compliance with the provisions of the land use permit and surface
mine reclamation requirements of the County are borne by the project proponents.
CEQA COMPLIANCE
Adoption of the proposed ordinance code modifications qualifies as a Class 8 Categorical
Exemption from CEQA in that it "consists of actions taken by regulatory agencies, as
authorized by State (law)... to assure the maintenance, restoration, enhancement or
protection of the environment." The proposed modifications to County Ordinance Code,
Chapter 88-11 would apply in the unincorporated areas of Contra Costa County.
BACKGROUND /REASONS FOR RECOMMENDATION
The background information for these related applications is presented in the Staff Report
that is included with the Board Order.
The County Planning Commission held a public hearing on December 14, 1999 to consider
the proposed recommendations to the County Ordinance Code, Chapter 88-11. At the
meeting, the Planning Commission voted to recommend approval to the Board of
Supervisors.
Modifications to Contra Costa County's Ordinance Code, Chapter 88-11 - Surface Mining
and Reclamation are proposed to assure compliance with revisions made to the California
Surface Mining and Reclamation Act (SMARA). The California legislature amended
SMARA in the late 1980s, based on recommendations received from the State Mining and
Geology Board, and with advice from the State Department of Conservation and Office of
Mine Reclamation. At that point in time SMARA had been in effect for a decade, and the
refinements in the State law were made to clarify and strengthen requirements for
reclamation plans, vested rights and provisions relating to the financial assurance. During
County File ZT 1-99
Board of Supervisors
April 11,2000
Page 3
the mid-1990s the Office of Mine Reclamation began review of the ordinances of cities and
counties throughout California to determine if local jurisdictions had incorporated current
provisions of the State law into their surface mining regulations. Contra Costa County was
notified in a letter dated May 18, 1998 from the Department of Conservation that revisions
to the Ordinance Code was required. Subsequently, the State Mining and Geology Board
has reviewed a draft of the modifications to the Ordinance Code that are proposed herein.
The purpose of the review was to determine that the changes under consideration would
bring Chapter 88-11 into compliance with SMARA. According to the State Department of
Conservation (letter dated June 18, 1999), approval of the proposed revisions by the
Board of Supervisors eliminates all deficiencies in the County's surface mining regulations.
The proposed modifications to County Ordinance Code, Chapter 88-11 will provide for the
following: 1) allow local mining operations while assuring adequate mitigation of any
adverse environmental impacts resulting from mining operations, and 2) re-establish local
authority for the review and approval of mining operations within Contra Costa County,
COUNTY PLANNING COMMISSION
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
RESOLUTION NO 33-1999
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA
COSTA,STATE OF CALIFORNIA,INCORPORATING FINDING AND RECOMMENDATIONS
ON THE PROPOSED MODIFICATIONS TO THE CONTRA COSTA COUNTY ORDINANCE
CODE CHAPTER 88-11,PERTAINING TO SURFACE MINING AND RECLAMATION,County File
#ZT 1-99.
WHEREAS,in 1976 the California legislature enacted the California Surface Mining and Reclamation
Act(SMARA) and in 1988 the State Legislature enacted major revisions to SMARA aimed at reinforcing
effective mining and reclamation practices throughout California;and
WHEREAS,in 1998 the State Mining and Geology Board initiated review of local surface mining and
reclamation ordinances to determine the extent to which local ordinances reflected the Legislature's 1988
revisions;and
WHEREAS,Contra Costa County was among the local jurisdictions identified by the State Mining
and Geology Board that had ordinances that required updating to comply with the revisions to the State law;
and
WHEREAS,the proposed revisions are to Article 88-11.2(General),Article 88-11.4(Vested Rights),
Article 88-11.8(Reclamation Plans)and Article 88-11.10(Other Requirements),but no changes to Article 88-
11.6(Land Use Permit)are needed. This Ordinance would apply throughout the unincorporated area of Contra
Costa County; and
WHEREAS the State Mining and Geology Board has reviewed a draft of the proposed ordinance code
changes and has indicated that with these revisions the County Ordinance Code will be in compliance with
the SMARA;and
WHEREAS, after notice was lawfully given, a public hearing was scheduled before the County
Planning Commission on Tuesday,December 14, 1999,whereat all persons interested might appear and be
heard; and
WHEREAS, on Tuesday, .December 14, 1999, the County Planning Commission having fully
reviewed,considered and evaluated all the materials provided by staff,including the Class 8 Exemption from
CEQA,along with the evidence submitted in this matter; and
NOW,THEREFORE,BE IT RESOLVED that the County Planning Commission recommends to the
Board of Supervisors of the County of Contra Costa,State of California,that the Board of Supervisors ADOPT
the proposed modifications to Contra Costa County's Ordinance Code,Chapter 88-11.
Page 2
BE IT FURTHER RESOLVED that the direction to prepare this resolution was given by the County
Planning Commission at its meeting of December 14, 1999 by the following vote:
AYES: Commissioners-Terrell,Wong,Battaglia,Hanecak,Kimber and Clark
NOES: Commissioners-None
ABSENT: Commissioners m Gaddis
ABS'T'AIN: Commissioners -None
BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission shall
respectively sign and attest the certified copy of this resolution and deliver the same to the Board of
Supervisors all in accordance with the Planning Laws of the State of California.
Richard Clark,Chair
County Planning Commission
County of Contra Costa
State of California
I,Dennis M. Barry,Secretary of the County Planning Commission certify that the foregoing was duly called
and approved on December 14, 1999.
Dennis M. Barry
Secretary of the County Planni Commission
Contra Costa County
State of California Chair
DM/sc
A43ZTl-Mesoulution
2/2/oo sc
Agenda Item #.,5
Community Development Contra Costa County
COUNTY PLANNING COMMISSION
TUESDAY, DECEMBER 14, 1999
I. INTRODUCTION
Ordinance Text Amendment — File #ZT 1-99 - Modifications to Contra
Costa County's Ordinance Code, Chapter 88 — Surface Mining and
Reclamation are proposed to assure compliance with revisions made
to the California Surface Mining and Reclamation Act (SMARA). The
proposed modifications to County Ordinance Code, Chapter 88 will
provide for the following: (1) allow local mining operations while
assuring adequate mitigation of any adverse environmental impacts
resulting from mining operations and (2) re-establish local authority
for the review and approval of mining operations within Contra Costa
County. Adoption of the proposed ordinance code modifications
qualifies as a Class 8 Categorical Exemption from CEQA in that it
"consists of actions taken by regulatory agencies, as authorized by
State (law) . . . to assure the maintenance, restoration, enhancement
or protection of the environment." The proposed modifications to
County Ordinance Code, Chapter 88 would apply in the
unincorporated areas of Contra Costa County.
II. BACKGROUND
In 1976 the California Legislature enacted the California Surface Mining and
Reclamation Act (SMARA). The Legislature's stated purpose in enacting the
SMARA was to "support the use of prudent surface mining and reclamation
practices that mitigate adverse environmental impacts." Twelve years later, in
1988, the State Legislature enacted major revisions to the California Surface
Mining and Reclamation Act (SMARA) aimed at reinforcing effective mining and
reclamation practices throughout California. Ten years following the enactment of
these major revisions, the State Mining and Geology Board, in 1998, began a
review of local surface mining and reclamation ordinances to determine the
extent to which such local ordinances reflected the Legislature's 1988 revisions.
The Mining and Geology Board's review revealed that over 76% of the local
ordinances were adopted prior to the 1998 revisions and that 60% were adopted
more than 10 years prior to the 1998 revisions. Contra Costa County's ordinance
was among those identified by the State Mining and Geology Board requiring
updating to comply with the 1988 State revisions. Until our local ordinance is
2
updated, the State Mining and Geology Board has assumed authority for the
review and approval of any applications for surface mining operations (quarry
operations) within the unincorporated areas of Contra Costa County.
The proposed modifications to Contra Costa County's ordinance code are shown
in Attachments #1 and #2. Attachment #1 includes only the specific sections of
Ordinance Code, Chapter 88 that are proposed for modification. Attachment #2
includes the full text of Chapter 88 using strike-outs to show deletions and
highlight to show additions or modifications.
The proposed modifications include: (1) minor warding changes to comply with
the State SMARA; (2) major changes to Section 88-11.834 regarding financial
assurances; (3) major changes to Section 88-11.834 to strengthen the
requirements on operators to initiate reclamation; and, (4) addition of Section 88-
11.10 outlining annual reporting requirements, protection of mineral resources
and extension of quarry operations for disasters. These modifications are
discussed below.
Article 88-11.2
The proposed modifications to this article clarify the definition of a surface mining
operation.
Article 88-11.4
The proposed modifications to this article clarify the definition of those quarry
operations, which fall under the authority of Chapter 88-11.
Article 88-11.8
The proposed modifications to this article involve reorganization and text
revisions to bring the County ordinance provisions in compliance with the State
Law, especially as they pertain to concurrent reclamation. Specifically, quarry
operators are to perform staged reclamation as quarry operations proceed, and
the text revisions outline items to be addressed by the reclamation plan.
Additionally, the provisions pertaining to financial assurance have been
expanded to ensure that the amount of the financial assurance is adequate to
provide for reclamation of the site. This section addresses such items as
identification of the items to be addressed by the reclamation plans, submittal of
cost estimates for reclamation, and revisions to the dollar amount of financial
assurance in response to changed conditions.
The proposed modifications to this article also specify that County costs in
implementation of Chapter 88-11.2 is borne by the mining operator. There are
new ordinance provisions that require an operator to submit an Interim
Management Plan (IMP) for any idle operations. The intent of these provisions is
3
to mandate compliance with the State Law and the County Surface Mining and
Reclamation Ordinance during the time that the operation is idle, and to set limits
on how long an operation may remain idle before reclamation must take place.
Other requirements include text revisions that call for annual reporting
requirements that are consistent with the State Law; protection of designated
mineral resource areas for mine development and from incompatible land uses;
and provisions which would allow the Director of Community Development to
authorize extended hours or weekend operations at a quarry that is a source of
rock for emergency operations.
Analysis
Contra Costa County's ordinance was last revised in 1980. In the intervening 19
years the State Law has been amended several times. The changes being
proposed for the County's Surface Mining and Reclamation Ordinance are chiefly
technical changes that will tighten language but which do not impose a burden on
the County or mining operations within the County. Furthermore, the proposed
revisions to the ordinance have been reviewed by the State Mining and Geology
Board. A letter from the Board indicates that, with the proposed revisions, the
County's ordinance will be in compliance with the State Law.
CEQA Compliance
Staff has determined that the adoption of the proposed ordinance qualifies as a
Class 8 Categorical Exemption from CEQA:
"CLASS 8 Actions by Regulatory Agencies for the Protection of the
Environment Class 8 Consists of actions taken by regulatory agencies, as
authorized by State (law) or local ordinance, to assure the maintenance,
restoration, enhancement, or protection of the environment where the
regulatory process involves procedures for protection of the environment.
Construction activities and relaxation of standards allowing environmental
degradation are not included in this exemption" (CEQA Guidelines Section
15308).
The revisions to the Surface Mining and Reclamation Ordinance are an action
taken by the County as a regulatory agency, which is authorized by State Law
and local ordinance. The requirement of land use permits and the requirement
and review of reclamation plans and other provisions of the ordinance are all
procedures to protect the public health and safety and the environment. These
procedures are intended to avoid and reduce the potential for hazardous
materials to be released into the air, water and ground, where they could have a
significant and adverse effect on these resources and to people, both on and off
site and to restore mined lands to their ultimate, long-term land use. No
construction will result from the adoption of the ordinance, and no relaxation of
standards will result in environmental degradation.
4
III. RECOMMENDATIONS
Direct Staff to prepare a resolution recommending that the Board of Supervisors
adopt the proposed revisions to County Ordinance Cade, Chapter 88 - Surface
Mining and Reclamation.
s:ticurr-pin&taff reports\Chapter 88
rev.I 216/99se
ATrACHMENT #2
SURFACE MINING AND RECLAMATION 88-9.12200
Chapter 88•-11
SURFACE MINING AND RECLAMATION Article 88-11.10 Other Requirements
Sections:
Article 88-11,2 General
Sections: 88-11.1002 Periodic inspection of
88-11.202 Purpose. operations.
88-€1.204 Goals. 88-€1.1004 Revocation.
88-11.206 Definitions, 88•-11.€006 Transfer of ownership--
88-11.208 Exceptions. Operator responsibility.
Article 88-11.4 Vested Rights "
Sections: ME
88-11.402 General,
88-11.404 Vested right defined. Article 88-11.2
88-1€.406 Reclamation plan approval still General
required.
88-11.408 Pre-1976 operations excepted 88-11.202 Purpose, This chapter effectuates the
Article 88-11.6 Land Use Permits Surface Mining and Reclamation Act of 1975
Sections: ( (Public Resources Code Sections 2710
88-11.602 Land use permit required. and following),including future amendments there-
88-11.604 Application procedure. to,and constitutes the ordinance referred to in
88-11.606 Criteria for permit. Section 2774 therein(Ords. ,`w 79-114).
88-11.608 Conditions of permits.
88-11..610 Permit conditions--Operations 88-11.204 Goals,This chapter is intended to
and maintenance, assure that:
88-11.612 Permit (1) County regulations and procedures
conditions-Performance governing the establishment,use and reclamation of
guarantees. mined lands are in accord with the county general
Article 88-11.8 Reclamation flans plan;and
Sections: (2) Mineral deposits which are valuable to the
88-11.802 Reclamation plan required. economy of the county and the bay area can be
'k TV-lip"ratiotts-in ed-: utilized;and
AplIttea, Il (3) Adverse land use and environmental effects
caused by surface mining operations are prevented or
88-11.808 Application procedure. minimized,and mined lands are reclaimed to a
88-11.810 Reclamation plan condition which is readily adaptable for future land
requirements. uses;and
88-11.812 General requirements. (4) Residual hazards to the public health and
88-11.814 Guarantees. safety are prevented or minimized;and
88-11.816 Progressive reclamation. (5) Economic and natural resources related to
88-11.818 Disposal of overburden and surface mining sites and operations are protected for
mining waste. the future benefit of the county(Orris.79-114: Pub.
88-11.820 Drainage,erosion and Res.C. §§2711,2712).
sediment control.
88-11.822 Final slope gradient. 88-11.206 Definitions. Unless otherwise
88-11.824 Emplacement of fill. specifically provided,or required by the context,the
88-11.826 Resoiling. definitions set forth in the Surface Mining and
88-11.828 Revegetation. Reclamation Act of 1975,and in any state policy
88-11.830 Water. adopted pursuant thereto,govern the construction of
88-11.832 tither requirements. this chapter{Ards_79-1 14; Pub. Res. C. §§2725-
88-1 1,834 2735).
Financial assurances.
88-11.836 ATplicatioirFees. 88-11.208 Exceptions. The requirements of this
88-11.838 Amendments. chapter do not apply to the following activities when
392-1 (Contra Costa County 1-80)
88-11.202-88-11.408 ZONIIN j 1/
done in full compliance with Division 716(Grading) 88-11,408 Pre-1976 o rations ecce ted.
and Title 9(Subdivisions)of this code:
(1) Excavation or grading conducted for
restoring land after natural disaster;
(2) Surface mining operations required by
federal law to protect a mining claim;if conducted
solely for that purpose;
(3) An surface mining operation Ords.
79-114;Pub.Res.C. §2776).
Article 88-11.66
Land Use Permits
tiOLIs
ot mincrai exploration involving cithet (2k)not
triare titan Ofte location,or-03) 88-11.602 Land use permit required.Except
retno vat of trot more tha�orre thousand cubic-yards as provided in article 88-11.4,no person shall begin,
Ords.9M establish,maintain,continue or conduct,any surface
79-114;Pub.Res.C. §2714). mining operation,including a rock quarry,sand or
gravel pit,or other earth material extraction area,
Article 88-11.4 without(1)first obtaining a land use permit under
Vested Rights this article,and(2)fully performing and complying
with it(Ord.79-114: Pub.Res.C. §2770:see also
88-11.402 General. A person with a vested § 88-11.802,and former§ 88-10.002).
right to conduct surface mining operations does not
need a permit under this chapter as long as such 88-11.604 Application procedure.
vested right continues;but no substantial changes (a)General Land use permits for the special uses
may be made in any such operation except in enumerated in Section 88-11.602 may be granted in
accordance with this chapter(Ords.79-114;Pub. accordance with Chapters 26-2 and 82-6.
Res.C. §2776). (b) Concurrent Applications. When a surface
mining operation requires the approval of both a land
88-11.404 Vested right defined. A person use permit and a reclamation plan,application for
shall be deemed to have such a vested right if,before both shall be made concurrently(Ord.79-114; Pub.
the effective date of 81 ° r;in good Res.C. §2774;see also Art.88-11.8).
faith and in reliance upon a land use permit or other
governmental authorization(if either was required by 88-11.606 Criteria for permit.A land use permit
law),he has diligently commenced surface mining for surface mining operation may be granted for
operations and incurred substantial liabilities for property in any zoning district,but a permit shall not
work and materials necessary therefor(excluding be issued unless it is found, in addition to the
expenses incurred in obtaining the permit or findings required by Chapter 26-2,that:
authorization)(Ords.79-114;Pub. Res.C. §2776). (1) The proposed use is consistent with the
county general plan:and
88-11.406 Reclamation plan approval still (2) The proposed use will not be substantially
required. Subject to this article,a person with a detrimental to existing residents,structures,or land
vested fight shall submit to the county and receive, uses;and
within a reasonable period of time,approval of a (3) The proposed use will not impose
reclamation plan for surface mining operations significant adverse impacts on the physical
conducted or to be conducted after January 1, 1976, environment;and
or a determination that the county had approved a (4) The proposed use will have adequate access
reclamation plan before the effective date of this (Ords. 79-114; Pub. Res.C. §2774).
chapter and the operator has accepted,and currently
accepts, responsibility for reclaiming the mined lands 88-11.608 Conditions of permits. A land
in accordance with the reclamation plan. A person use permit may be conditioned as necessary to
receiving such a determination shall nonetheless be implement this chapter.Such conditions may include,
subject to the provisions of Article 88-11.1 0(Ords. but are not limited to,the following conditions set
79-114; Pub. Res.C. §2776). forth in Sections 88-11.610 and 88-11.612(Ord. 79-
114).
(Contra Costa County 7-80) 392-2
SURFACE MINING AND RECLAMATION 88-9.1220 -
88-11.610 Conditions-Operations and nroad.aftt 0M. effective date of this cimpter,but the
maintenance. Examples of permit conditions diiector of plartnittg tM extend this period it
relating to mining operations and site maintenance inetartents Of SiX MOnthS OL k$3 if lie determines that
are:
(1) Land uses permitted on the site;
(2) Temporary and finished slopes,and by dre applicant and diat continuation of mittit
benches; operations would not be dett itnental to successful
(3) Setbacks from property lines,roads,water ,
channels;and other features; -2:774,and 2:776):
(4) Fencing and screening;
(5) Limiting use of explosives; 88-1. 1.808 Application procedure.
(6) Drainage and use of surface water or (a)General.Applications shall be on forms(or
groundwater; with face sheets)provided or approved by the
(7) Storing minerals and overburden;
(8) Salvaging topsoil and vegetation; d shall be made and processed as
(9) Controlling noise,dust,and bright lights; provided in Section 88-11.604 for land use permits.
(10)Limiting hours of operation; (b) Applicant's Responsibility.Applicants are
(11)Ingress,egress and traffic management; responsible for preparing reclamation plans for
(12)Hauling management; submission to the county 79-114;
(13)Limited duration of the permit; Pub.Res.C. §2774).
(14)Phasing excavation;
(15)Controlling sedimentation(Ord.79-1 14; 88-11.810 Reclamation plan requirements.
Pub.Res.C. §§2715(e),2774). Every reclamation plan shall address at least the
following subjects,in addition to the requirements in
88-11.612 Permit conditions-Performance Public Resources Code Sections 2772 through 2774
guarantees. Either a cash deposit,surety bond,orIN
Oinstrument of credit,acceptable to the planning ( 79-114,Pub.
agency as to form and amount,may be required to Res.C. §§2772A).
guarantee faithful performance of and compliance
with the terms and conditions of the land use permit 88-11.812 General requirements. The
and the reclamation plan(Ord.79-114;Pub.Res.C. reclamation plan shall identify the specific properties
§§2715(e),2774). it applies to;and it shall be based upon the character
of the surrounding area and the characteristics of that
Article 88-11.8 property,including the type of overburden,soil
Reclamation Plans stability,topography,geology,vegetation,wildlife,
climate,stream characteristics,and principal mineral
88-11.802 Reclamation plan required.No commodities.Reclamation of mined lands shall be
person shall begin,establish,maintain,continue or carried out in accordance with the requirements of
conduct any surface mining operation without(1) this chapter(Ord.79-114;Pub. Res.C. §2773).
first submitting,and obtaining approval of,a
reclamation plan under this article,and(2)fully 88-11.814 Guarantees. The reclamation plan
performing and complying with it(Ord. 79-114;Pub. shall state that the operator,applicant,and permittee
Res.C. §2770: see also§ 88-11.602). guarantees and accepts responsibility for all
reclamation work for the life of the surface mining
included.88-11.604 Post 1976 operations operation and for a period of two years after
NO PeMil shall contintie,Maititaill,OL conduct any completion of such operation or such greater period
stt.ffice mining opetatimi in existence between as may be determined necessary to assure the
Januaty t, 19?6,and the &etive date of this chapter permanence of physical reclamation features(Ord.
vv iffiont first obtaining approval of a reciantation plan 79-1 14; Pub. Res.C. §2774).
88-11.816 Progressive reclamation. Recla-
mation of mined areas shall take place as soon as
practicable following completion of surface mining
to this article'L'-Jr surffi-c . . — I tions&sct ibed operations. When simultaneous or concurrent
in Section 88-11.804 shall be subtnitted �vithin six reclamation is practicable,the reclamation plan shall
392-3 (Contra Costa County 7-80)
88-11.202-88-11.408 ZONINU t
include a timetable for commencing and completing (e) Upon reclamation,the operator shall
such reclamation. preclude or eliminate any condition which will or
could lead to the degradation of water quality below
99 is applicable standards 6f the regional water quality
control board or any other agency with authority over
water quality(Ord.79-114).
88-11.822 Final slope gradient. Final slope
gradients shall assure slope stability,maintenance of
required vegetation,public safety,and the control of
drainage,as may be determined by engineering
analysis of soils and geologic conditions and by
88-11.818 Disposal of overburden and min- taking into account probable future uses of the site.
ing waste. They shall not exceed the critical gradient as
(a) Permanent on-site disposal of over-burden determined by an engineering analysis of the slope
and mining waste shall be compatible with the stability.Additionally,they shall not:
probable future uses of the site.The land surface (1) Be incompatible with the alternate future
shall be made stable,and adequate drainage shall be uses anticipated for the site;or
provided.Final disposal of such materials shall not (2) Be hazardous to persons that may use the
be in the fort of apparently artificial piles or dumps site under the alternate future uses anticipated for the
of overburden or mining waste.To the maximum site;or
extent practicable,grading shall be designed to blend (3) Reduce the effectiveness of revegetation and
with the natural terrain features of the area. erosion control measures where such are necessary.
(b) Toxic materials shall be removed from the (Ord. 79-114).
site or shall be protected and isolated to prevent
leaching. 88-11.824 Emplacement of fill. All fill shall
(c) Overburden and mining waste placed below be compacted to avoid excessive settlement and to
the existing or potential groundwater level shall not the degree necessary to accommodate anticipated
reduce water transmissivity or the area through which future uses. If future uses of the Site include streets
water may flow unless approved equivalent or structures for human occupancy.or if an
transmissivity or area has been provided elsewhere engineered fill is necessary as a safety measure, fill
(Ord.79-114). emplacement shall conform to the requirements of
Division 716 of this code. Material used as fill shall
88-11.820 Drainage,erosion and sediment be of a quality suitable to prevent contamination and
control. pollution of groundwater(Ord.79-114).
(a) Any temporary stream or watershed
diversion shall be restored in final reclamation to its 88-11.826 Resoiling. Resoiling shall be ac-
condition prior to surface mining operations.unless complished in the following manner:coarse,hard
the planning agency determines restoration is material shall be graded and covered with a layer of
unnecessary. finer material or weathered waste,and a soil layer
(b) Regrading and revegetation shall be then placed on this prepared surface.Where
designed and carried out to minimize erosion to quantities of available soils are inadequate to provide
provide for drainage to natural outlets or interior cover,native materials should be upgraded to the
basins designed for water storage,and to eliminate extent feasible for this purpose(Ord.79-114).
closed depressions and similar catchments that could
serve as breeding areas for insects. 88-11.828 Revegetation. All lands per-
(c) Silt basins,which have outlet to lower manently exposed by mining operations shall be
ground and will or may store water during periods of revegetated,except as the Director of Community
surface runoff,shall be equipped with sediment Development dit ector of planning determines this to
control and removal facilities,and with protected be technically infeasible or detrimental. Revegetation
spillways designed to minimize erosion. methods and plant materials utilized shall be
(d) Final grading and drainage shall be designed appropriate for the site's topographical,soil and
to prevent discharge of sediment loads higher than climatic conditions.and native species shall be used
before mining operations. wherever practicable(Ords.99-_§ 8;79-114).
(Contra Costa County 7-80) 392-4
SURFACE MINING ANO RECLAMATION 88-9.1220 L
88-11.830 Water. All bodies of water created
by the reclamation plan are subject to approval(Ord.
79-114).
88-11.832 Other requirements. Additional
requirements to carry out the intent of this chapter
may be required(Ord.79-1 14:Pub.Res.C. §§
2772-2774).
88.11.834 Pe.Fo.mance guatarttees.
ittArticieSS
all'�e
w s
e
ru5,
r �� �rldr
s a,
n 1 in
e
® � p itstur tt1 �it p,,, nd
k"^
rw+ p ' ° s ems t des, redia is dance
andiai
ti �►cipated
att'ehau t , �rnle�ss e t ki rea onteos adre acy � a6y t7pc ainx
ny r
�onm01 g that
�atfthe pemt tPr"Jlo w rr"eterime
that�addtfonal cos yein�Li The`Director schedted for complettsn duringie concng year.
� � �
of C�omtntmtty Dei 9 meat shawl have,the discretion (h) Revisions to':financial assurances shall be
to approve the=firtancuil'assuranceif it'trieets the submitted to`the Director of Coniinunity
,. ...
requirements of this"Cliapter9'SIVIARA;'`and State Development each year prior to the°anniversary date
regulations. for approval of the financial assurances. The
(d)The amount of the financial assurance shall financial assurance shall cover the cost ofexisting
be based upon the estimated costs of reclamation for disturbance and anticipated activities for the next
392-5 (Contra Costa County 7-80)
�frjl zJLS
88-11.202-88-11.408 ZONIN%j
Islip=
88-11.836
88-11.838 Amendments.Amendments to an
approved reclamation plan may be submitted to the
planning agency at any time detailing proposed
changes. Substantial deviations from the approved
plan shall not be undertaken until such amendment Article 88-11.10
has been filed with and approved by the planning Cather Requirements
agency.Amendments to an approved plan shall be ii ,
processed and considered as provided in Section 88- .n11,
��`
11.808 for reclamation plans(Ord.79-114;Pub.Res.
C. §2777).
SSO ►terirtgnag mentFlan�(IIV1Ps): by
� „�l' A� b
u
,Z
i•� m �lI � � Pta�� p'�
o ) e e� erator,
e
si�at ' stJe f tion
r ?i ixto de1raalth,ani repel e o d o ppxentof
aedIP�h., tOn C� i e f P . p'w. uaurface
fo � � e slop sit mtngp2rtQ992j:
Ile " ltalt �� `� amendment
ttgr, €r.
to they ec axaton Plan1M knot be 88-11.1002 Periodic inspection of operations.
considt for'the pdlt°poses'of
envirdttmentat`review. a reclamation plait. a schedule-shall'M estab Milieu All
(b) Financial assurances-fornidle_operations
shalt be maintained by the operator of the quarry as
though'the operation were active,or as otherwise
approved through the idle mine's IMP.
inspectirnr
(Contra Costa County 7-80) 392-6
SURFACE MINING ANIJ RECLAMATION 88-9.1220
88-11.1046 Transfer of ownership. Operator
responsibility.Whenever one applicant operator or
permittee succeeds,by sale,assignment,transfer,
conveyance,exchange,inheritance,or other means,
to the interest of another in any incompleted surface
mining operation or reclamation,the successor shall
be bound by the provisions of the approved land use
permit and reclamation plan and the provisions of
this chg.The new o erator must notify the
1mutingde artment of
such transfer within thirty days thereof
10 79-114:Pub.Res.C. §2779).
t
i
may require the operator and permittee to submit o
such information to him as may be necessary to
determine compliance 79-114; P cpm
Pub. Res.C. §2774).
88--11.1004 Revocation Whenever the ziil� 9 e
clrrectorof attrrittgu#eca�fomtirtty It tt , t Tonal
1eoptri4endetermines that a surface mining sgnz ' e
operation is not in compliance with the terms of the
approved land use permit or reclamation plan or the
provisions of this chapter,or that the soil or other �Y
conditions are not as stated on the permit, pas
1)"` �shall notify the permittee of such fact in y
writing.requiring compliance within a stated e � o
reasonable time from the date of such notice. If theppr �'
permittee has not,within the stated time,complied incorn
with the terms of the permit or the approved eondttto o �ioachiug
reclamation plan or the requirements of this chapter,p q p develop"z� �t' r�ects to:miitunt�e�p n i r;conflicts
or given reasonable assurances that such steps are
being taken to comply,theDirector ofotnmunity
be"Vvelbpm ini'lAii ectot of plarming shall schedule a 8$-11'1Q1b;Natural d�sastgr„ xIr%iE e event of a
public hearing to consider revoking the land use we natural dtsaster,such iii6r s and
permit or the approval of the reclamation plan.The potential'ibr flooding or levee atlure;the Director of
issue of revocation shall be considered and Community Development may;°authodz`e:extended
determined in the manner and for causes as provided hours or weekend"operations"at a quarry thatis a
by Article 26-2.2 of this code for conditional use source of rock for emergency operations'(Ord.99-
permits(Ords.99-_§ 12;79-114; Pub. Res.C. § _; § 12).
2774).
392-7 (Contra Costa County 7-80)
STATE OF CALIFORNIA-THE RESOUR .AGENCY GRAY DAVIS, Governor
DEPARTMENT OF CONSERVATION
STATE MINING ANIS GEOLOGY BOARD
801 K Street, MS 24-05
Sacramento, California 95814-3528 � 4�
JUN 23 �
Robert Grunwald,Chairman t " TELEPHONE:(916)322-1082
Sands Figuers,Vice Chairman TDD LINE:(916)324-2555
Charles Buckley FACSIMILE LINE:(916)445-0738
Robert Munro smgb@consrv.ca.gov
June 18, 1999
Dennis M. Berry, AICP
Community Development Director
Contra Costa County
County Administration Building
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-4095
Re: Surface Mining and Reclamation Ordinance
Dear Mr. Barry:
I am pleased to inform you that on June 17, 1999 the Joint Committee of the
State Mining and Geology Board (SMGB) approved the County's proposed revised
surface mining ordinance and has recommended it for State-certification by the SMGB
upon receipt of a County-adopted and certified version.
In order for the new ordinance to be placed on the SMGB meeting agenda, a copy
of the adopted ordinance should be received by the SMGB office not less than three
weeks prior to the SMGB's scheduled meeting. The SMGB is scheduled to meet next
on July 15, 1999.
If we can be of any further assistance, please do not hesitate to contact the SMGB
office.
Since ,
Rte;
ohn G. Parrish
+,.• Executive Officer
fhe Afhviion of the St to t1.lixring antd Geoh� =`'y BcrarcC is in Redrrtr,5ent the State's IntereW in thc, d)eveloptnew,
I tiliwtion ttrttd(7onset'cation tal llinetwl Resoni,eev Reclaarttrtion of Alined Lands, Pevelopinem of'td`eodogis
ttn,td Sees nh- lluzintd latft)rntatittn and I& Provide a Fivitnt,ttrt- Public R etdt•es.s
ORDINANCE 2000-
(SURFACE MINING AND RECLAMATION)
The Contra Costa County Board of Supervisors ordains as follows(omitting the
parenthetical footnotes from the official text of the enacted or amended provisions of the
County Ordinance Code):
SECTION I. SUMMARY.This ordinance amends the surface mining and reclamation
ordinance to conform to current state guidelines for surface mining operations. [§ 25129]
SECTION II. Section 88-11.202 is amended to read:
88-11,202 Purpose. This chapter effectuates the Surface Mining and Reclamation
Act of 1975 C SMAIW)(Public Resources Code Sections 2710 and following), including
future amendments there-to, and constitutes the ordinance referred to in Section 2774
therein(Ords. 2000-�§ 2; 79-114).
SECTION III. Section 88-11.208 is amended to read:
88-11.208 Exceptions. The requirements of this chapter do not apply to the .
following activities when done in full compliance with Division 716(Grading)and Title 9
(Subdivisions)of this code:
(1) Excavation or grading conducted for restoring land after natural disaster;
(2) Surface mining operations required by federal law to protect a mining claim; if
conducted solely for that purpose;
(3) Any surface mining operation that does not involve either the removal of a total
of more than 1,000 cubic yards of minerals,ores and overburden or involves less than one
acre in any one location(Ords. 2000-�§ 3; 79-114;Pub, Res. C. § 2714).
SECTION IV. Section 88-11.408 is amended to read:
88-IIA08 Pre-1976 operations excepted. No reclamation,or reclamation plan
approval, is required for lands disturbed by surface mining operations conducted before
January 1, 1976,and which have not since been disturbed by surface mining operations.
(Ords. 2000-_§ 4; 79-114; Pub. lees.C. § 2776).
SECTION V. Section 88-11,808 is amended to read:
88-11.808 Application procedure.
(a) General. Applications shall be on forms(or with face sheets)provided or
approved by the Director of Community Development and shall be made and processed as
provided in Section 88-11.604 for land use permits.
ORDINANCE NO. 2000-
1
ORDINANCE 2000-
(SURFACE MINING AND RECLAMATION)
(b) Applicant's Responsibility. Applicants are responsible for preparing
reclamation plans for submission to the county(Ords. 2400-_§ 5; 79-114;Pub.Res. C.
§ 2774).
r
SECTION VI. Section 88-11.814 is amended to read:
88-11.810 Reclamation plan requirements. Every reclamation plan shall address
at least the following subjects, in addition to the requirements in Public Resources Code
Sections 2772 through 2774 and California Code of Regulations Section 3540 et seq and
3744 et seq (Ords. 2444- § 6;79-114,Pub.Res.C. §§2772A).
SECTION VII. Section 88-11.816 is amended to read:
88-11.816 Progressive reclamation. Reclamation of mined areas shall take place
as soon as practicable following completion of surface mining operations. When
simultaneous or concurrent reclamation is practicable,the reclamation plan shall include a
timetable for commencing and completing such reclamation and shall include(a)the
beginning and expected ending dates for each phase; (b)all reclamation activities required,
(c)criteria for measuring completion of specific reclamation activities; and(d)estimated
costs for completion of each phase of reclamation(Ords. 2000- § 7; 79-1 14; Pub. Res.
C. § 2772(f)).
SECTION VIII. Section 88-11.828 is amended to read:
88-11.828 Revegetation. All lands permanently exposed by mining operations
shall be revegetated, except as the Director of Community Development determines this to
be technically infeasible or detrimental. Revegetation methods and plant materials utilized
shall be appropriate for the site's topographical, soil and climatic conditions. and native
species shall be used wherever practicable(Ords. 2000-__ § 8; 79-114).
SECTION IX. Section 88-11.834 is amended to read:
88-11.834 Financial assurances. (a) To ensure that reclamation will proceed in
accordance with the approved Reclamation Plan,the County will require, as a condition of
approval,security which will be released upon satisfactory performance. The applicant
may pose security in the form of a surety bond,trust fund,irrevocable lette*of credit from
an accredited financial institution,or other method acceptable to the County and the State
Mining and Geology board as specified in State regulations,and which the County
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 County of Contra Mosta and the State Department of Conservation.
ORDINANCE NO. 2000-
2
Sp.
e°'"/,/-e0c>
.19
ORDINANCE 2000-
(SURFACE MINING AND RECLAMATION)
(b) Financial assurances will be required to ensure compliance with elements of the
Reclamation Plan, including but not limited to,revegetation and landscaping requirements,
restoration of aquatic or wildlife habitat,restoration of water bodies and water quality,
slope stability and erosion and drainage control,disposal of hazardous materials,and other
measures, if necessary.
(c) Cost estimates for the financial assurance shall be submitted to the Community
Development Department for review and approval prior to the operator securing financial
assurances. The Director of Community Development will forward a copy of the cost
estimates,together with any documentation received supporting the amount of the cost
estimates,to the State Department of Conservation for review. If the State Department of
Conservation does not comment within 45 days of receipt of these estimates, it shall be
assumed that the cost estimates are adequate,unless the County has reason to determine
that additional costs may be incurred. The Director of Community Development may
approve the financial assurance if it meets the requirements of this Chapter, SMARA, and
State regulations.
(d) The amount of the financial assurance shall be based upon the estimated costs
of reclamation for the years or phases stipulated in the approved Reclamation Plan,
including any maintenance of reclaimed areas as may be required, subject to adjustment for
the actual amount required to reclaim lands disturbed by surface mining activities since
January 1, 1976,and new lands to be disturbed by surface mining activities in the
upcoming year. Cost estimates should be prepared by a California registered Professional
Engineer and/or other similarly licensed and qualified professionals retained by the
operator and approved by the Director of Community Development.The estimated amount
of the financial assurance shall be based on an analysis of physical activities necessary to
implement the approved Reclamation Plan,the unit costs for each of these activities, and
the actual administrative costs. Financial assurances to ensure compliance with
revegetation,restoration of water bodies,restoration of aquatic or wildlife habitat, and any
other applicable element of the approved Rehabilitation flan shall be based upon cost
estimates that include but may not be limited to labor,equipment,materials,mobilization
of equipment, administration, and reasonable profit by a commercial operator other than
the permittee. A contingency factory of ten percent(10%)shall be added to the cost of
financial assurances,
(e) In projecting the costs of financial assurances, it shall be assumed without
prejudice or insinuation that the surface mining operation could be abandoned by the
operator and,consequently,the County or State Department of Conservation-may contract
with a third party commercial company for reclamation of the site.
(f) The financial assurances shall remain in effect for the duration of the surface
mining operation and any additional period until reclamation is completed(including any
maintenance required).
(g) The amount of financial assurances required of a surface mining operation for
any one year shall be adjusted annually to account for new lands disturbed by surface
ORDINANCE NO. 2000-�
3
ORDINANCE 2000-
(SURFACE MINING AND RECLAMATION)
mining operations,inflation,and reclamation of lands accomplished in accordance with the
approved Reclamation Plan.The financial assurances shall include estimates to cover the
reclamation for existing conditions and anticipated activities during the upcoming year,
excepting that the permittee may nonclaim for reclamation scheduled for completion
during the coming year.
(h) Revisions to financial assurances shall be submitted to the Director of
Community Development each year prior to the anniversary date for approval of the
financial assurances. The financial assurance shall cover the cost of existing disturbance
and anticipated activities for the next calendar year, including any required interim
reclamation. If revisions to the financial assurances are not required,the operator shall
explain, in writing,why revisions are not required(Orris. 2000-�§ 9;79-114;Pub,Res.
C. § 2774).
SECTION X. Section 88-11.836 is amended to read:
88-11.836 Fees. The County may establish such fees as it deems necessary to
cover the reasonable costs incurred in implementing this Chapter and the State regulations,
including but not limited to,processing of applications, annual reports, inspections,
monitoring, enforcement and compliance. Such fees shall be paid by the operator, as
required by the County, at the time of filing of the Land Use Permit and/or Reclamation
Plan application, and at such other times as are determined by the County to be appropriate
in order to ensure that all reasonable costs of implementing this Chapter are borne by the
mining operator(Ords. 2000- § 10; 79-114; Pub. Res.C. § 2774)..
SECTION XI. Section 88-11.840 is added to read;
88-11.840 Interim Management Plans (IMPs).
(a) Within 90 days of a surface mining operation becoming idle,the operator shall
submit to the Community Development 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
shall 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
Community Development 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. r
(b) Financial assurances for idle operations shall be maintained by the operator of
the quarry as though the operation were active, or as othenrise approved through the idle
mine's IMP.
(c) Upon receipt of a complete proposed IMP,the Community Development
Department will forward the IMP to the State Department of Conservation for review. The
ORDINANCE NO. 2000-
4
ORDINANCE 2000-
(SURFACE NUNING AND RECLAMATION)
HvrP will be submitted to the State Department of Conservation at least 30 days prior to
approval by the Zoning Administrator.
(d) Within 60 days of receipt of the proposed IMP,or a longer period mutually
agreed upon by the Director of Community Development and the operator,the Zoning
Administrator will review and approve or deny the IMP in accordance with this Chapter.
The operator shall have thirty(30)days,or a longer period mutually agreed upon by the
operator and the Director of Community Development,to submit a revised RVT. The
Zoning Administrator will approve or deny the revised IMP within sixty(60)days of
receipt. If the Zoning Administrator denies the revised M',the operator may appeal that
action to the Planning Commission.
(e) The IMP may remain in effect for a period of not to exceed five years,at which
time the Zoning Administrator 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. 2000- ; § 11).
SECTION XII. Article 88-11.10 is amended to read:
Article 88-11.10
Other Requirements
88-11.1001 Annual Report Requirements. Surface mining operators shall
forward an annual surface mining report to the State Department of Conservation and to
the County Community Development Department on a date established by the State
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 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 the annual surface mining report(Ord.
2000-_; § 12).
88-11.1002 Periodic inspection of operations.
(a) The Community Development Department will arrange for inspection of a
surface mining operation within six months of receipt of the Annual Report required in
Section 88-11.1001, to determine whether the surface mining operation is in compliance
with the approved Land Use Permit and/or Reclamation Plan, approved financial
assurances, and State regulations. In no event shall less than one inspection be conducted
in any calendar year. Said inspections may be made by a state-registered geologist or state-
registered civil engineer who is experienced in land reclamation and who has not been
employed by the mining operation in any capacity during the previous 12 months, as
ORDINANCE NO. 2000-�
5
�, -
ORDINANCE 2000- ,
(SURFACE MINING AND RECLAMATION)
selected by the Director of Community Development.. All inspections shall be conducted
using a form approved and provided by the State Mining and Geology Board.
The Community Development Department will notify the State.Department of
Conservation within thirty(30)days of completion of the inspeetion.that said inspection
has been conducted,and will forward a copy of said inspection notice and any supporting
documentation to the mining operator. The operator shall be solely responsible for the
reasonable cost of such inspection.
(b) The Director of Community Development may require the operator and
permittee to submit such information as may be necessary to determine compliance(Ords.
2000- § 12; 79-114;Pub.Res. C. § 2774).
88-11.1004 Revocation. Whenever the Director of Community Development
determines that a surface mining operation is not in compliance with the terms of the
approved land use permit or reclamation plan or the provisions of this chapter,or that the
soil or other conditions are not as stated on the permit,the Director will notify the per-
mittee of such fact in writing.requiring compliance within a stated reasonable time from
the date of such notice. If the permittee has not,within the stated time,complied with the
terms of the permit or the approved reclamation plan or the requirements of this chapter,or
given reasonable assurances that such steps are being taken to comply, the Director of
Community Development may schedule a public hearing to consider revoking the land use
permit or the approval of the reclamation plan.The issue of revocation shall be considered
and determined in the manner and for causes as provided by Article 26-2.20 of this code
for conditional use permits(Ords. 2000- § 12; 79-114; Pub. Res. C. § 2774).
88-11.1006 Transfer of ownership. Operator responsibility. Whenever one appli-
cant operator or permittee succeeds, by sale, assignment, transfer,conveyance, exchange,
inheritance,or other means, to the interest of another in any incompleted surface mining
operation or reclamation, the successor shall be bound by the provisions of the approved
land use permit and reclamation plan and the provisions of this chapter. The new operator
must notify the Community Development Department of such transfer within thirty days
thereof(Ords. 20100-_§ 12; 79-114: Pub. Res. C. § 2779).
88-11.1008 Mineral Resource Protection. Mine development is encouraged in
compatible areas before encroachment of conflicting uses. Mineral resources areas that
have been classified by the State Department of Conservation's Division of Mines and
Geology or designated by the State Mining and Geology Board, as well as existing surface
mining operations that remain in compliance with the provisions of this Chapter, shall be
protected from intrusion by incompatible land uses that may impede or preclude mineral
extraction or processing, to the extent possible for consistency with the County's General
Plan.
ORDINANCE NO. 2000-
6
ORDINANCE 2000-
(SURFACE MINING AND RECLAMATION)
In accordance with Public Resources Code§ 2762,the County's General Plan and
resource maps will be updated to reflect mineral information(classification and/or
designation reports)within 12 months of receipt from the State Mining and Geology Board
of such information. Land use decisions within the County will be guided by information
provided on the location of identified mineral resources of regionaf significance.
Conservation and potential development of identified mineral resource areas will be
considered and encouraged. Recordation on property titles of the presence of important
mineral resources within the identified mineral resource areas may be encouraged as a
condition of approval of any development project in the impacted area. Prior to approving
a use that would otherwise be incompatible with mineral resource protection, conditions of
approval maybe applied to encroaching development projects to minimize potential
conflicts(Ord.2000- ; § 12).
88-11.1010 Natural disaster. In the event of a natural disaster, such as high water
conditions and potential for flooding or levee failure,the Director of Community
Development may authorize extended hours or weekend operations at a quarry that is a
source of rock for emergency operations (Ord. 2000 § 12).
SECTION XIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage,and within 15 days after passage shall be published once with the names of
supervisors voting for and against it in the , a newspaper
published in this County. [§§ 25123 & 251241
PASSED on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By: _
Deputy Board Chair
ORDINANCE NO. 2000-r
7
ORDINANCE 2000--
(SURFACE MINING AND RECLAMATION)
[SEAL]
l loAW4k5tv38tMdmft"9.%Td'
r
ORDINANCE NO. 2000-.___.,
8
x +
AZ rACHM1TrT' #2
SURFACE MINING AND RECLAMATION 88-9.1220 ,;74
Chapter 88-11 �
SURFACE MIMING AND RECLAMATION Article 88-11.14 Otter Requirements
Sections:
Article 88-11.2 General W= MMEMMMEM
Sections: 88-11.1002 Periodic inspection of
88-11202 Purpose. . operations.
88-1 L204 Goals. 88-1 L1004 Revocation.
88-11.206 Definitions. 88-11.1006 Transfer of ownership-
88-11.208 Exceptions. Operator responsibility.
Article 88-11.4 Vested Rights
Sections:
88-11.402 General.
88-11.404 Vested right deftness. Article 88-11.2
88-11.406 Reclamation plan approval still General
required.
88-11 A08 Pre-1.976 operations excepted. 88-11.202 Purpose. This chapter effectuates the
Article 88-11.6 Land Use Permits Surface Mining and Reclamation Act of 1975
Sections; �,(Public Resources Cade Sections 2710
88-11.602 Land use permit required. and following),including future amendments there-
88-11.604 Application procedure. to,and constitutes the ordinance referred to in
88-11.606 Criteria for permit. Section 2774 therein(Ords. 79-114).
88-11.608 Conditions of permits.
8841.610 Permit conditions-Operations 88-11.204 Goals.This chapter is intended to
and maintenance. assure that:
88-11.612 Permit (1) County regulations and procedures
conditions-Performance governing the establishment,use and reclamation of
guarantees. mined lands are in accord with the county general
Article 88-11.8 Reclamation Plans plan;and
Sections- (2) Mineral deposits which are valuable to the
88-11.802 Reclamation plan required. economy of the county and the bay area can be
-� - -8$r}1 g �}''ast•}g76�rperaticros ir�cictticd utilized;and
gg (3) Adverse land use and environmental effects
pian-approvai: caused by surface mining operations are prevented or
88-11.808 Application procedure. minimized,and mined lands are reclaimed to a
88-11.810 Reclamation plan condition wlticli is readily adaptable for future land
requirements. uses;and
88-11.8 t2 General requirements. (4) Residual hazards to the public health and
88-11.814 Guarantees. safety are prevented or minimized;and
88-11.816 Progressive reclamation. (5) Economic and natural resources related to
88-11.818 Disposal of overburden and surface mining sites and operations are protected for
mining waste. the future benefit of the county(Ords..39-114:Pub.
88-11.820 Drainage,erosion and Res.C.§§2711,2712).
sediment control.
88-11.822 Final slope gradient. 88-11.206 Definitions. Unless otherwise
88-11.824 Emplacement of fill. specifically provided,or required by the context,the
88-11.826 Resoiling. definitions set forth in the Surface Mining and
88-11.828 Revegetation. Reclamation Act of 1975,and in any state policy
88-11.830 Water. adopted pursuant thereto,govern the construction of
88-11.832 Other requirements. t11is chapter(Ords.79-114; Pub. Res.C. §2725 -
88-11.834 Perfomr4nrc-gu*rarrtccs: 2735).
Financial assurances.
88-11.836 A-pplication-Fees. 88-1 1.208 Exceptions. The requirements of this
88-11.838 Amendments. chapter do not apply to the following activities when
392-1 {Contra Costa C.oultiy 7-801
..:...... .......
.....,,...
PROOF OF PUBLICATION
NOTICE OF A PUBLIC APR 0 5 200
(2015.5 C.C.P.) HEARING BEFORE THE
CONTRA OOBTA OOUNTir
BOARD OF t1uPERY18tOEo CLERK POAR ,�
STATE OF CALIFORNIA ON PLANNING MATTERS
County of Contra Costa COUNTYWIDE
I am a citizen of the United States and a resident of the ooNnoTITUEE AX!I A R that
County aforesaid; I am over the age of eighteen years, and 2000,t yAT 10:66 A.M., In the
CouIld-
not a party to or Interested In the above-entitled matter. I n8S1 Pie Strereet tratio'r "or
o
In*and Eaaobsr fl ts),
1 am the Principal Legal Clerk Of the Valla Times Martinez Oallfomia,the Con-
P g y try Casty County ®acrd of
{incorporating The Pleasanton Times}/San Ramon Valley haanng ors,will
eider me public
imes, a newspaper of general circulation, printed and towing punning matter
published at 2640 Shadelands Drive in the City of Walnut Recommendations m r. the
Crank,County of Contra Costa,94598. Conga Casts County Plan-
ning Commission on the to-
And which newspaper has been adjudged a newspaper of quest st yathe�'Comr;,CCoo�nty-
general circulation by the Superior Court of the County of oavaiapm Costa, community
Contra Costa, State of California, under the date of May 1, caa� County's rt Ordinance
�'
1947. Case Number 39468. faGa Cada Chaptar e8-11- sur-
Mining and Roolamatlon
The notice, of which the annexed Is a printed Copy (set In aorsIa npce�thh r ed to onsmade
type not smaller than nonpareil),has been published in each to the California aSurface, Min-
regular and entire Issue a# said newspaper and not !n any {�uARA).
supplement thereof on the following dates,to-wit: The rrxadlflcatione
ril 1 Ctt ptar s-011 will ppGrrn�da ro�
Me following: (1)rUlow local
mining operations white as-
all In the year of 2000 suring adequate mitigatlon of
any adverse environmental
Impacts to uitln from mining
I certify or declare) under penalty of perjury that the ii°psn 8 mda ri Rye t
fOragCing Is true and correct. the re-
view and approval of mining
o rations within Contra If you challenge this m:tter in
Executed at Walnut Creek,California. coseto county.Adoption of the Court,you may be IlWed to
proposed ordinates code raising only those muse you
On this 1 day of pill, 2000 modifications qualifies as a or someone else rWoW at
Class 9 coot ponaal Exemp- the public hearing described
tion
91"C8.8,
CECiA in that It in is notice, or In written
.......... ... "consists of actions taken by correspondence daihrared to
Signature regulau- the County at,or prior to,the
ttrotized tJy Bteta (law)... to public hearing.
San Raman Valla Times torstlo the nnlar ceme�o�
P O Box 8$ y ®ata:March 29,2r
protetR.Thi of the enNron-
manY".The madN9- PHIL BATCH
ELCR
Danville,CA 94526-0068 canons t4 un or, Clens of the Board of
(510)837-4287 Cada, Chapter 8-11 would supaMoore"county
apply,in the unincorporated Administrator
areas of Contra Costa Coun- Logi PTVr/BRVT 3888
Proof of Publication of: ty• Pu an:April 1,2000
(attached is a copy of the legal advertisement that published)
PROOF OF PUBLICATION hone OF A Pu®uc
(2015.$1r.C.P.) K THE
CONTRA COSTACOUNNTY
BOARD OF SUP91FMOORS �
STATE OF CALIFORNIA ON PLANNING MATTERS
County of Contra Costa 00UNrYWDE A Pp 0 5 NOTICE Is hereby given that ��UnUp
I am a citizen of the United States and a resident of the on TUESDAY APRIL 11,
County aforesaid, i am over the age of eighteen years, and 2000,AT 10:0l;i A.M., In the !4tts( rr
not a party to or interested in the above-entitled matter. County Administration Build-
1 Pine Strest,tcomer
otg4+Ins acrd Escobar Streets},
I am the Principal Legal Clerk of the Contra Costa Times, a Martinez, asn-Costa California,tr ` .
newspaper of general circulation, printed and published at Supervisors will hold a public
2640 Shadelands drive in the City of Walnut Creek, Countyhearing td consider the fol-
of Contra Costa,94698, waving planting matter:
Recommendations by the
And which newspaper has been adjudged a newspaper of Contra
o a Costa County Pl re-
t
general circulation by the Superior Court,of the County of ni,Questby the County of Con-
Contra Costa,State of California, under the date of October tra Coats, Community
22,1934.Case Number 19764. Devewpment Os nt"
for moditicatlona, ta�Contre
The notice, of which the annexed Is a printed copy (set in Code Chapntes88 - Sur-
not Ordinance
re-
type not smaller than nonpareil),has been published in each , to Reclamationae
regular and entire issue of said newspaper and not In any apre%l,e with revialara mada
supplement thereof on the following dates,to-wit: to the Calif into Surface Mln-
In�y and Reclamation Act
(SAhARA).
ri{1
The Proposed modifications
to County Ordinance Code,
all in the year of 2000 Chapter 88-11 wm provide for
,the following: (1)Allow local
I certify (or declare) under penalty of perjury that the mining deq a te, wpiti as-
wring'adequete.mltlgatwn of
foregoing Is true and correct. arty adverse .environmental
Impacts resuitin from mining
operations and },A.%tob-
Executed at Walnut Creek,California. neh local autho iy for the re-
On this 1 day of April, 2000 view and appraval.of mining
Csrations wfthin Contra
Costa cdunty,Adoption of the
..........,: proposed Ordinance code
Signature ="10afions qualities as a
8 Cate al%n p,-
tion lydm C GfA in that I
Contra Costa Times "consists of actions taken by
P Box 4147 regula agenolea as au-
thoriaed Stats {IsaQ.., to
Walnut Creek,CA 94596 assure the maintenance,red-
(510)935-2525 �toratibn,, enhancement or
pmtectione of the environ-
ment'".The ed moditi-
Proof of Publication of: cations to{ounty,Ordinance
(attached is a copy of the legal advertisement that published) .ie, Chapter 88-11 wools
ppry if the unlncorp=Wnt
areas a!Contra Costa Cdun.
ty,
It you challenge this matter in
Court,you may be.limited to
raising only those lesues you
or someone else mead at
the public hearing described
In this notice, or In written
correspondence delivered to
the County at,or prior to,the
public hearing.
Date:March 29,2000
PHIL BATCHELOR �
Clerk of the B;;V of
Supervisors and County
Administrator
Le al OCT 8080
Publish:April 1,2000