§ 13-105. Permit and reclamation plan application requirements.

(a)

Application. Except as provided in Public Resources Code Section 2776 and Sections 13-104 and 13-113 of this article, no person shall conduct surface mining operations unless a mining permit, reclamation plan, and financial assurance have first been approved by the County pursuant to this article and, if required by the applicable zoning regulations, a use permit for mining has been approved pursuant to Chapter 24 of this Code. Any person who proposes to engage in surface mining operations as defined in this article shall submit an application for a mining permit, reclamation plan, and a use permit (if the zone requires) to the County Department of Development Services, Planning Division.

(b)

The application shall be on a form approved by the Director of Development Services and furnished by the County and shall be responded to fully and completely, containing all information required by the Act and this article, as well as a detailed project report, a reclamation plan pursuant to Section 13-108 of this article, an estimate of financial assurance, as required by Section 13-109 of this article, and any additional information required by the Planning Division to facilitate an expeditious and fair evaluation of the proposed operations, including, but not limited to, the following:

(1)

A description of the proposed project's regional environmental setting;

(2)

An assessment of the proposed project's geologic setting and the soils subject to disturbance, particularly as it may pertain to slope stability, erosion, revegetation and the proposed end use of the site;

(3)

A biological resources assessment of the parcels containing the proposed maximum area of disturbance, to be conducted by a qualified biologist, describing existing plant communities, wildlife, and the occurrence of, or the potential for occurrence of, special-status plant and wildlife species and plant communities subject to consideration under the California Environmental Quality Act and their relationship to the regional environmental setting;

(4)

The proposed type(s) and maximum quantities of mineral commodities to be extracted;

(5)

The amount of overburden to be removed;

(6)

The proposed dates for the initiation and termination of mining operations;

(7)

The maximum proposed rate of extraction;

(8)

The proposed method of extraction;

(9)

The maximum rate of export of material from the site;

(10)

The type of material to be exported;

(11)

The type of processing that will occur on- and off-site;

(12)

Assurances that all off-site processing will be accomplished in compliance with all applicable laws and regulations;

(13)

The proposed hours and days of operation on-site;

(14)

The maximum noise level of the mining operations at the property boundaries of the site;

(15)

An estimate of the maximum and average quantities of water to be used in gallons per minute and acre-feet per year, the sources for said maximum and average quantities of water and, if necessary, their method of conveyance to the site;

(16)

An estimate of the maximum and average amounts and types of wastewater disposed of in gallons per minute and acre-feet per year, including excess processing water, mine drainage, and storm runoff from disturbed or utilized areas;

(17)

Proposed end-use of the site after reclamation;

(18)

A plot plan drawn to scale by a California registered Professional Engineer and/or similarly licensed and qualified professional and showing all the following information:

a.

Proposed maximum area of disturbance;

b.

Proposed maximum depth of disturbance;

c.

Setbacks;

d.

Interim and final grade slopes;

e.

Location and type of all proposed mining and mining related activities, stockpile areas, on-site processing areas;

f.

Locations of all water bodies, wetlands, riparian habitat areas, oak woodlands, vegetation communities and watercourses, including ephemeral streams, which are on-site or which will be affected;

g.

Locations of proposed and existing wells, if any; and

h.

Locations of proposed points of extraction of surface water from water bodies and/or streams;

(19)

A vicinity map drawn to scale showing the topography and the locations of parcels, buildings, residences, wells, water bodies, watercourses, including ephemeral streams, within one thousand (1,000) feet of the proposed maximum area of disturbance; and

(20)

A complete reclamation plan pursuant to Section 13-108 of this article, including prereclamation, phased (if any), and post-reclamation plot plans.

(c)

Filing Fee. Each application shall be accompanied by a filing fee in the amount set forth in the Butte County Master Fee Schedule at the time of application submittal.

(Ord. No. 4035, § 2, 10-11-2011)