§ 13-101. Purpose and intent.

(a)

The purpose of this article is to comply with and implement the provisions of the California Surface Mining and Reclamation Act of 1975 as amended (the "Act," Public Resources Code Section 2710 et seq.), Public Resources Code ("PRC") Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations for surface mining and reclamation practice (California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1, Article 1 (Section 3500 et seq.) and Article 9 (Section 3700 et seq.) hereinafter referred to as "State regulations") and to impose additional local rules to allow the County to effectively monitor surface mining and reclamation within its jurisdiction. Nothing in this article is intended to modify or abridge the provisions of that Act. This article shall be interpreted in a manner consistent with that Act. The provisions of this article shall be liberally construed to effectuate its purposes and those of the Act, and they shall be applied in a manner that ensures their constitutionality.

(b)

The Board of Supervisors finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that surface mining and reclamation operations and the specifications therefor may vary accordingly.

(c)

The Board of Supervisors further finds that the extraction of minerals is essential to the continued economic well-being of the County and to the needs of society, and that reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

(d)

It is the purpose and intent of the Board of Supervisors to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that:

(1)

Adverse environmental effects are prevented or minimized and mined lands are reclaimed to a usable condition that is readily adaptable for alternative land use;

(2)

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage lands, and aesthetic enjoyment;

(3)

Residual hazards to the public health and safety are eliminated;

(4)

The reclamation of mined lands as provided in this article will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

(e)

This article shall be reviewed annually and revised, as necessary, in order to ensure that it is in accordance with the State policy for mined lands reclamation and to encourage the mining industry of Butte County.

(Ord. No. 4035, § 2, 10-11-2011)