§ 13-108. Standards for reclamation plans and implementation.

(a)

A reclamation plan shall comply with the provisions of Public Resources Code Sections 2772 and 2773 and State regulations 14 CCR, Chapter 8, Subchapter 1, Article 1 (Section 3500 et seq.) and Article 9 (Section 3700 et seq.) and shall include a statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. Reclamation plans approved after January 15,1993, reclamation plans for proposed new mining operations, any proposed amendments to previously approved reclamation plans determined to be a substantial deviation pursuant to State regulation 14 CCR Section 3502(d), or where an amended reclamation plan is required pursuant to State regulation 14 CCR Section 3502(e), shall also comply with the State regulation requirements for reclamation performance standards (14 CCR Sections 3700—3713).

(b)

The reclamation plan shall be applicable to a specific piece of property or properties, shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, groundwater, and principal mineral commodities, and shall establish site-specific criteria for evaluating compliance with the approved reclamation plan, including topography, revegetation, and sediment and erosion control. The County may impose additional performance standards as developed in the review of individual projects, as warranted, or through the formulation and adoption of countywide performance standards. The reclamation plan shall include:

(1)

The name and address of the surface mining operator and the names and addresses of any persons designated by the operator as an agent for the service of process;

(2)

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted;

(3)

A description of, and a plan for, the type of surface mining to be employed;

(4)

The proposed dates for the initiation and termination of the surface mining operation;

(5)

The maximum anticipated depth of the surface mining operation;

(6)

The size and legal description of the site that will be affected by the surface mining operation;

(7)

The names and addresses of all owners of surface interests and mineral interests in the lands that will be affected by the surface mining operation;

(8)

A description of the general geology of the area and a detailed description of the geology of the area in which surface mining is to be conducted;

(9)

A description of the nature and sequence of reclamation activities including, but not limited to, such items as landscaping, erosion and sediment control, seeding, fill of low pit areas, shaping of pit floors, management of mined and unminable deposits, original, interim and final rough slopes and grades;

(10)

An anticipated time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

(11)

A description of the disposition of overburden following its removal, whether sold, disposed of off-site, or stored on-site. If on-site storage is proposed, the anticipated location, aerial extent and average depth of the stored overburden shall be identified on the reclamation plot plan;

(12)

A description of the source for and nature of all fill, if any, required for reclamation, and verification that all such fill complies with all applicable Regional Water Quality Control Board and California Integrated Waste Management Board regulations pertaining to fill material;

(13)

A description of the manner in which reclamation, adequate for the proposed or potential use(s), will be accomplished, including:

a.

The manner in which contaminants will be controlled, and mining waste disposed; and

b.

The manner in which affected streambed channels and streambanks will be rehabilitated to a condition minimizing erosion and sedimentation;

(14)

An assessment of the effect that implementation of the reclamation plan will have upon the site's remaining unmined resources and future mining in the area;

(15)

A description of the proposed or potential use(s) of the mined lands after reclamation and evidence that all owners of possessory interest in the land have been notified of the proposed or potential use(s);

(16)

A discussion of the public health and safety in regards to potential public access to the site in its final condition;

(17)

Criteria for measuring the successful completion of specific reclamation activities;

(18)

A pre-mining operation plot plan, drawn to scale by a California registered Professional Engineer and/or similarly licensed and qualified professional, showing the boundaries and topographic details of the site, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, the lands, the location of all proposed access roads to be constructed in conducting the surface mining operation;

(19)

Plot plans for each reclamation phase, if any, drawn to scale by a California registered Professional Engineer and/or similarly licensed and qualified professional; and

(20)

A post-reclamation plot plan drawn to scale by a California registered Professional Engineer and/or similarly licensed and qualified professional, showing the ultimate physical condition of the site, including, but not limited to, the following information:

a.

Boundaries of areas to be reclaimed, including acreage;

b.

Post-reclamation drainage, including direction of flows, erosion and sediment control structures or treatment such as water bars, berms, siltation ponds, and diversions;

c.

Revegetation plan including the names of plant species, size, area and spacing of plants;

d.

Reclaimed ground surface elevation contours, at an appropriate vertical scale;

e.

All surface openings closed through reclamation;

f.

Buildings, structures, and equipment to be either dismantled and removed from the site or to remain on site and be consistent with the end use; and

g.

Post-mining safety features (e.g., fences, gates, signs).

(c)

Reclamation activities shall be initiated at the earliest feasible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations.

(Ord. No. 4035, § 2, 10-11-2011)