HomeMy WebLinkAboutOrd. No. 1990-897ORI?INANCE NO. 897
AN ORDINANCE OF THE CTfY OF LAKE ELSINORE IMPLEMENTING THE
SURFACE MII~TING AND RECLAMATION ACf OF 1975.
THE CITY COUNCII, OF THE CITY OF LAKE ELSINORE, CALIFORN7A, ORDAINS
AS FOLLOWS:
WHEREAS, the City Council hereby finds and declares that the extraction of minerals is
essential to the wntinued economic well-being of the City and to the needs of society, and the
reciamation of mined lands is necessary to prevent or minimize advzrse effects or. the environment
and to protect that public health and safety; and
WI3EREAS, the Ciry Council further finds that the reclamadon of mined lands as provided
in this Ordinance will permit the continued mining of minerals and will provide for thP protection
and subsequent beneficial use of the mined and reclaimed land, by ensuring that the land is
returned to a usable condition which is readily adaptable for alternative land use; and
WHEREAS, the City Council further finds that surface mining takes place in dive: sz areas
where the geologic, topographic, climatic, biological, and social wnditions are significandy different,
and reclamation operations and the specifications therefore may vary accordingly; and
WHEREAS, the City Council further finds that the produetion and conservation of minerals
should be encouraged whfle giving consideration to values relating to groundwater supply,
recreation, watershed, wildlife, range and forage, and aesthetic enjoyments; and
WHEREAS, the City Council further finds that it is necessary to rEgulate the wnduct of
surface mining operations to ensure that such operations are not detrimental to eacisting or future
land uses and t~ protect the public health, safety, and general welfare.
SECITON 1. TITLE. This Ordinance shall be known as the Surface Mining and
Reclamation Ordinance.
SECTION 2. PURPOSE AND INTENT'. This Ordinance is adopted pursuant to the
California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.
SECITON 3. DEFiN1TIONS. As used in this Ordinance, the followir.g terms sl~all have
the following meanings:
a. C~. T'he City of Lake Elsinore.
b. Commission. The Planning Commission of the City of Lake Elsinore.
a Council. The City Council of the City of Lake Elsinore.
d. Director. The Community Development D'uector of the Ciry of Lake Elsinore.
e. Exploration. The search for minerals by geological, geophysical, geochemical or
other techniques, including, but not limited to, sampling, assaying, drilling, or any
surface or underground works needed to determine the type, extent, or quantity of
minerals present.
f. Mined Lands. Includes the surface, subsurface, and groundwater of an area in which
surface mining operations will be, are being, or have been conducted, including
private ways and roads appurtenant to any such area, land excavations, workings,
mining waste, and areas in which structures, facilities, equipment, machines, tools,
or other materials or propercy which result from, or are used in, surface mining
operations are located.
g. Minerals. Any naturally occurring chemical element or wmpound, or groups of
elements and compounds, formed from inorganic processes and organic substances,
including, but not limited to, coal, peat, and bituminous rock, but excluding
geothertnal resources, natural gas, and petroleum.
h. Mining Waste. Includes the residual of soil, rock, mineral, liquid, vegetation,
equipment, machines, tools, or other materials or property d'uectly resulting from,
or displaced by, surface mining operations.
i. Operator. Any person who is engaged in surface mining operations, himself, or who
contracts with others to conduct operations on his behalf.
j. Overburden. Soil, rock, or other materials that lie above a natural mineral deposit
or in between deposits, before or after theu removal, by surface mining operations.
k. Permit. Any formal authorization from, or approved by the city, the absence of
which would preclude surface mining operations.
1. Person. Any individual, firm, association, corporation, organization, or partnership,
or any city, county, district, or the state or any department or agency thereof.
m. Prosnec~ing. See "exploration."
n. Reclamation. The process of land treatment that maximizes post-mining land use
compatible with zoning and the general plan, and minimizes water degradation, air
pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse
effects from surface mining operations, including mined lands reclaimed as rapidly
as it reasonably feasible to a usable condition for alternate land uses and create no
danger to public health or safety. The process may extend to affected lands
surrounding mined lands, and may require backf'illing, grading, resoiling,
revegetation, soil compaction, stabilization, or other measures.
o. State Board. State Mining and Geology Board, in the Department of Conservation
State of California.
p. State Geoloeist. Individual holding office as struc[ured in Section 677 of Article 3,
Chapter 2 of Division 1 of the Public Resources Code.
q. Surface Minin~Onerations. All or any pazt of the process involved in the mining
of minerals on mined lands by removing overburden and mining d'uectly from the
mineral deposits, opempit mining of minerals naturally e~tposed, mining by the auger
method, dredging and quarrying, or surface work incident to an underground mine.
Surface mining operations shall include, but are not limited to: In-place distillation,
retorting or leaching, and the production and disposal of mining waste.
r. Use. The beginning of a substantial surface mining operation that is authorized,
which construction must thereafter be pursued diligently to wmpletion.
SECTION 4. SCOPE. The provisions of this Ordinance shall apply to all areas of the City.
The provisions of this Ordinance are not applicable to:
a. Escavations or grading conducted for farming or on-site wnstruction or the purpose
of restoring land following a flood or natural disaster.
b. Prospecting and exploration for minerals of commercial value where less than one
thousand cubic yards of overburden is removed in any one location of one acre or
less.
c. Any surface mining operation that does not involve either the removal of a total of
more than one thousand cubic yards of minerals, ores, and overburden, or involve
more than one acre in any one location.
d. Surface mining operations that are required by federallaw in order to protect a
mining claim, if such operations are conducted solely for that purpose.
e. Such other mining operations that the City determines to be of an infrequent nature,
and which involve only minor sutface disturbances and are categorically identified
by the State Board pursuant to Section 2714(d) and 2758(c), California Surface
Mining and Reclamation Act of 1975.
SEGTION 5. PERMIT AND RECIAMAITON PLAN REOUIREMENT. Except as
provided in Section 2776 of the Public Resources Code, as amended from time to time, no person
shall engage or commence to engage in surface mining operations as defined in this Urdinance
without first obtaining a permit to mine and approval of a reclamation plan, in accordance with the
provisions set forth in this Ordinance and as further provided in Article 5, California Surface
Mining and Reclamation Act of 1975. A fee as established for the permitted uses in a City fee
resolution shall be paid to the city at the time of filing.
a. All applications for a reclamation plan for surface mining operations shall be made
on forms provided by the city, and as called for by Section 2772 of California Surface
Mining and Reclamation Act of 1975. No person who has either obtained a vested
right to conduct a surface mining operation prior to January 1, 1976, or who holds
a permit or was otherwise authorized to conduct surface mining by a lead agency
pursuant to the California Surface Mining and Reclamation Act of 1975, shall be
required to secure a permit pursuant to the provisions of this Ordinance as long as
such vested right or permit or other authorization continues; provided, that no
substantial change is made in that operation except in accordance with the provisions
of this Ordinance. A person shall be deemed to have such vested rights if, prior to
January 1, 1976, he has in good faith and in reliance upon a permit or other
authorization, if such permit or other authorization was required, diligently
commenced surface mining operations and incuned substantial liabilities for work
and materials necessary therefore. Expenses incurred in obtaining the enactment of
an ordinance in relation to a particular operation or the issuance of a permit shall
not be deemed liabilities for work or materials. The expansion or extension of
surface mining within a wntinuous or related ore body on property for which an
individual has a vested right, permit or other authorization to mine shall not be
declared a substantial change in operation under this section.
b. A person who has obtained a vested right to conduct surface mining operations prior
to January 1, 1976, shall submit to the city and receive within a period of twenty-
four months, approval of a reclamation plan for operations to be conducted after
January 1, 1976, unless a reclamation pian was approved by the lead agency pursuant
to the California Surface Mining and Reclamation Act of 1975, the person submitting
that plan has accepted responsibility fo: reclaiming the mined lands in accordance
with that plan.
c. Nothing in this Ordinance shall be wnstrued as requiring the filing or a reclamation
plan for, or the teclamation of, mined lands on which surface mining operations were
conducted prior to, but not after, January 1, 1976.
d. The State Geologist shall be notified of the Eling of all permit applications. This
Ordinance shall be continuously reviewed and revised, as necessary, in order to
ensure that it is in accordance with the state policy for mined lands reclamation.
e. All reclamation plans previously adopted shall remain in effect untii modified as
provided in this Ordinance.
£ Upon the approval of the permit by the Planning Commission, the Planning
Department shall issue the approved mining or reclamation permit. Such permit
shall include issuance of a grading permit which shall allow the pennittee to
commence operations pursuant to the approved plan.
g. Any permit that is granted shall be used within one year from the effective date
thereof, or within the time limit that is set in the conditions of approval, which shall
not exceed five years; otherwise, such permit shall be null and void. If, however,
a reclamation permit has been granted which calls for the project to be completed
in stages, then such permit shall renew for an additional one year term upon the
completion of each phase as detailed in the approved reclamation plan.
SECITON 6. CONT~NTS OF MIl~TING PLAN. The Mining Plan shall, to the extent
practicable, provide all of the following information:
a. The size and legal description of the lands that will be affected by the mining
operations, and a map or maps showing the boundaries and topographic detaIls of
such lands, the location of all streams, roads, railroads, sewage disposal systems,
groundwater basins, water wells, and utility facilities within 500 feet of the site, and
the location of all proposed access roads to be constructed in conducting the surface
mining operation;
b. 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, including a
description of depth to groundwater and quality of e~cisting groundwater in the area;
c. The anticipated progression of mining operations, including the proposed dates for
the initiation and tecmination of the operations, and a time frame for each phase
of operations;
d. A description of and plan for the type of surface mining to be employed, including
the complexiry of the operation and the manner and degree to which the mined lands
will be disturbed;
e. A 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 operations;
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f. The maximum anticipated depth of the surface mining operations;
g. The location of equipment, stockpiles, settling ponds, interim drainage systems,
mactunery and wastedumps in areas to be mined and the nature, quantity and
location of any explosives to be stored at the site;
h. The nature and extent of any discharge of liquid waste that may occur at the site,
including where applicable, the direction of flow, methods of containment, and
potential risk of water and/or groundwater wntamination;
i. The method of handling simultaneous excavation and reclamation if applicable;
j. The anticipated type and amount of minerals to be removed from the site and the
truck routes to be used, the amount of mining waste to be retained on the site, and
the amount of rnining waste to be disposed off-site, including the method and
location of disposal and the truck routes to be used;
k. The anticipated hours of operation, the maximum anticipated noise levels during
operating hours, and the location and intensity of any lights to be used at the site;
1. The methods of dust control and noise suppression to be employed at the site; and
m. The location and design of any structures to be erected at the site.
SECI'ION 7. CONTENTS OF RECI.AMATTON PLAN. Each reclanaation plan shall take
into account the particular characteristics of the mined lands and the surrounding area, including
type of overburden, soil stability, topography, geology, climate, stream characteristics, groundwater
resources, and principal mineral commodities, and shall provide at least the following information:
a. The environmental setting of the operation site and the effect that possible alternate
reclaimed site wnditions may have upon the existing and future uses of surrounding
lands;
b. The methods to be used to reclaim the land including a detaHed schedule of the
sequence and timing of all stages of the reclamation;
c. The manner in which derelict machinery, mining waste and scrap will be removed
from the reclaim site and how contaminants will be wntrolled;
d. The manner in which rehabilitation of affected streambed channels and streambanks
to a condition minimizing erosion and sedimentation will occur;
e. The methods to be used to ensure that the site will contain stable waste piles and
slopes;
f. The anticipated physical condition of the site upon the completion of all reclamation,
and the proposed use or potential uses of the reclaimed site;
g. A map or maps which will delineate through the use of cross-sections and elevations
the physical characteristics of the land upon the conclusion of reclamation, including
a topographic map (to a scale of one inch equals 100 feet) showing the location of
the reclaimed land;
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h. An explanation of how reclamation of the site may affect the future use of the area
for mining purposes, including the effect the proposed reclamation may have upon
the site's remaining unmined resources;
An e~lanation of how the reclaimed site shall be, to the e~ctent reasonable and
practicable, revegetated for soil stabilization, made free of drainage and erosion
problems, coordinated with present and anticipated future land use, and rendered
compatible with the topography and general environment of sucrounding property;
j. A statement of how the public health and safety will be protected for the duration
of the mining operations, giving consideration to the degree and type of present and
probable future exposure of the public to the site;
k. T6e name and address of the operator and the names and addresses of any persons
designated by him as agents for the service of process; and
A statement that the person submitting the plan accepts responsibility for reclaiming
the mined lands in accordance with the reclamation plan.
SEGTiON 8. REVIEW PROCEDURE. The City shall review the permit application,
reclamation plan and appropriate environmental documents and schedule a public hearing within
thirty days of the date the Director deems the aforesaid material £iled. Said public hearing shall
be held by the Planning Commission for the purpose of cai~sideration of the issuance of a permit~
~eview of ;the reClamation plan, or both.
SECTION 9. PREREOUISTI'E CONDITIONS. Before a surface mining permit may be
granted and before a:~•e,clai!nation rlan m,.;;; G~e apprc~ved, it shall demonstrate:
a. Thae the g~anti.~g of the permit or approval of the plan will not be detrimental to
the public health, welfare or safety or injurious to the property in such zone or
vicinity;
b. That adverse environmental effects are prevented or minimized and that mined lands
are reclaimed to a usable condition which is readily adaptable for alternative land
uses in a reasonably prudent and expeditious manner;
c. T'hat the utilization of such permit or implementation of such plan will be in
compliance with the Lake Elsinore Municipal Code and will not adversely affect the
general plan;
d. That such plan or permit will to the extent possible encourage the production and
conservation of minerals, and will to the same extent recognize and give
consideration to values relating to recreation, watershed, wildlife, range and forage,
and aesthetic enjoyment, and wmmunity development and amenities.
SECITON 10. FINDINGS. Written findings of fact shall be made for each approval or
denial of a plan or permit. The requicements of the California Environmental Quality Act shall be
met.
SECTION 11. CONDITIONS OF APPROVAI.. T6e approval of any plan or permit may
be subject to conditions set forth in the fmdings of fact. Any plan or permit may be revoked by the
same procedure by which it is granted if conditions of approval are not complied with or for
violation of any law or regulation.
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SEGTION 12. PERFORMANCE BOND. Upon a finding by the Communiry Development
Director that a supplemental guarantee for the reclamation of the mined land is necessary, and
unon the determination by the city manager of the cost, based on calculations of a qualified expert
retained by the City, of the reclamation of the mined land according to the reclamation plan, a
surety bond, lien, or other security guarantee conditioned upon the faithful performance of the
reclamation plan shall be filed with the City in a form and with content approved by the city
attorney. Such surety shall be executed in favor of the Ciry and reviewed and revised, as necessary.
Such surety shall be maintained in an amount equal to the cost of completing the remaining
reclamation of the site as prescribed in the approved or amended reclamation plan during the
succeeding two-year period, or other reasonable term. The City may require other forms of
guaranteed performance of the plan or permit.
SECITON 13. PUBLIC RECORDS. Reclamation plans, reports, applications, and other
documents submitted pursuant to this Ordinance, are public records unless it can be demonstrated
to the satisfaction of the City that the release of such information, or part thereof, would reveal
production reseroes, or rate of depletion e~tided to protection as proprietary information. City
shall identify such proprietary information as a separate part of each application. A copy oF all
permits, reclamation plans, reports, applications, and other documents submitted pursuant to this
chapter, including proprietary information, shall be furnished to the District Geologist of the State
Division of Mines and Geology by the City. Proprietary information shall be made available to
persons other than the State Geologist only when authorized by the mine operator and by the mine
owner in accordance with Section 2778 of the Public Resources Code as amended from time to
time.
SECITON 14. PERIODIC REVIEW. As a condition of approval for the permit or the
reclamation plan, or both, a schedule for periodic inspections, to occur no less than once every six
months, of the site shall be established to evaluate continuing compliance with the permit and
reclamation plan. The cost of said inspections shall be borne by t6e permit holder.
SECTION 15. AMENDMENTS. Amendments to an approved reclamation plan may be
submitted to the City at any time, detailing proposed change3 from the original plan. Substantial
deviations from the original plan shall not be undertaken until such amendment has been filed with,
and approved by, the City. Amendments to an approved reclamation plan shall be approved by the
same procedure as is prescribed for approval of a reclamation plan, including fees which may be
reasonably imposed as a result of additional public hearings. Minor amendments to an approved
reclamation plan shall be submitted for review and approval by the Commanity Development
Director.
SECITON 16. VARIANCE. Variances from an approved reclamation plan may be ullowed
upon request of the operator and applicant, if they are not one and the same, but only and upon
a finding by the City that each requested variance is necessary to achieve the prescribed or higher
post-mining use of the reclaimed land.
SEGTION 17. TENTATIVE TRACI' MAPS. Following approval of a Reclamation Plan,
if a Tentative Tract Map is subsequently approved by the Planning Commission or City Council
which deviates from the approved Reclamation Plan but otherwise satisfies the contents of a
Reclamation Plan as required in Section 7, then said Tentative Tract Map may, at the discretion
of the permittee, supersede the approved Reclamation Plan without further Planning Commission
or City Council approval provided that said Tentative Tract Map clearly states that the Tentative
Tract Map is also being approved for the purpose of a Reclamation Plan in accordance with this
Ordinance. The permittee may proceed with reclaiming the site using the approved Tentative Tract
Map, but must provide written notice to the Director of Community Development advising that the
approved Tentative Tract Map will be used. If no such written notice is provided, the approved
Reclamation Plan shall remain in force. Where a Tentative Tract Map only wvers a portion of
land akeady subject to an approved Reclamation Plan, the Tentative Tract Map may only supersede
that portion of the Reclamation Plan wvered by thc Tentative Tract Map and the remaining
portion shall be reclaimed in accordance with the approved Reclamation Plan. When no approved
Reclamation Plan exists, the approved Tentative Tract Map shall act as said Reclamation Plan
provided it meets all the wnditions of this Ordinance.
SEGTION 18. ENFORCEMENT. The provisions of this Ordinance shall be enforced by
any authorized member of the Ciry or such other persons as may be designated by the City Council.
SECITON 19. APPEAL An appeal of the determination by the city manager in the
exercise of the authority granted herein may be made to the Planning Commission. Appeal of a
Planning Commission decision may be made to the City Council. All appeals must be filed within
five working days after a decision and must be accompanied by an appeal fee equal to one-half the
amount of the application fee.
SECITON 20. SEVERABIL.IT1'. If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a wurt
of competent jurisdiction, it shall not affect the remaining portions of this ordinance.
:~
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PASSED, APPROVED, AND ADOPTED this lOth day of July, 199(~pon following role
call vote: -
AYES: COUNCILMEMBERS: BUCK, DOPIINGUEZ, STARKEY, ~JINKLER, WASHBURN
NOES: COUNCII.MEMBERS: NOME
ABSEN'I': COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: 'q" E
~ ~
Gary M. Wach!.~~.trn,
A1 SI': ~ Mayor
' '~~':~Sd^
Jic'ri Lynne sar,, Cit~; Clerk
(Seal)
APPROVED AS TO FORM AND LEGALTI'I'
~~ ~
+.folin R. Harper, Ci ttorney
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS:
CITY OF LAKE ELSINORE)
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the
foregoing Ordinance had its first reading on July 10. 1990 and had its second reading on
July 24, 1990 and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOP~Ih'~UE7_, STARKEY, !~IINKLER, ~~IASHBURN
NOES: COUNCILMEMBERS: NONE
ABSE.NT: COUNCILMEMBERS: NONE
AB... ~NTzUN~: COUNCILMEMBERS: NONE
~ ~ '~"~
V:cki Lynne d, Ciry Clerk
(Seal)
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STA'T_B OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS:
CITY OF LAKE EISINORE)
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERT'IFI' that thQ
abpve atc :or,~F;nuig is a full, true and conect copy of Ordinance No. 8g7 , of said Council, and
thhl the same na; nol been amended or repealed.
Lynne ~"rasad, City f"lerk
(Sea!)
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