HomeMy WebLinkAboutMINUTES - 04182000 - C26 ORDINANCE 2000-18
(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 ("SMARA") (Public Resources Code Sections 2710 and following), including
future amendments there-to, and constitutes the ordinance referred to in Section 2774
therein(Ords. 2000-18 § 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. 2000-18 § 3; 79-114; Pub. Res. C. § 2714).
SECTION IV. Section 88-11.408 is amended to read:
88-11.408 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. 2000-18§ 4; 79-114;Pub. Res. 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.
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(b) Applicant's Responsibility. Applicants are responsible for preparing
reclamation plans for submission to the county(Ords. 2000-18 § 5; 79-114; Pub. Res. C. §
2774).
SECTION VI. Section 88-11.810 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 3500 et seq and
3700 et seq (Ords. 2000-18 § 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. 2000-18 § 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. 2000-18 § 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 letter 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 Costa and the State Department of Conservation.
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(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 shalt 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, SN[ARA, 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 Plan 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
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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 not claim 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. 2000-18 § 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 band 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. 2000-18 § 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 TMP shall be submitted on forms provided by the
Community Development Department, and shall be processed as an amendment to the
Reclamation Plan. BVIPs shall not be considered a project for the purposes of
environmental review.
(b) Financial assurances for idle operations shall be maintained by the operator of
the quarry as though the operation were active,or as otherwise approved through the idle
mine's IMP.
(c) Upon receipt of a complete proposed IMP, the Community Development
Department will forward the IMP to the State Department of Conservation for review. The
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IMP 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 IMP. The
Zoning Administrator will approve or deny the revised IMP within sixty(60)days of
receipt. If the Zoning Administrator denies the revised IMP, the operator may appeal that
action to the Planning Commission.
(e) The TMP 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. 2000-18; § 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 fumished 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.
2000-18; § 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
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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 inspection 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.
2000-18 § 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. 2000-18 § 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. 2000-18 § 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.
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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 regional 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 may be applied to encroaching development projects to minimize potential
conflicts (Ord. 2000-18; § 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. 2000-18; § 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 Contra Costa Times _, a newspaper
published in this County. [§§ 25123 & 25124]
PASSED on &ril 18, 20(70 ,by the following vote:
AYES: Supervisors Gioia, Uilkema, DeSaulnier, Canciamilla and Gerber
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By
Deputy Board Chair
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