HomeMy WebLinkAboutOrd. No. 1999-1042
ORDINANCE NO. 1042
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
RESCINDING EXISTING TITLE 14.04 OF THE LAKE ELSINORE MUNICIPAL CODE
AND ADDING A NEW TITLE 14.04 TO SAID CODE WHICH SHALL BE KNOWN AS
THE "SURFACE MINING AND RECLAMATION CHAPTER" AND REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION ONE:
WHEREAS, the City Council hereby finds and declares that the extraction of
minerals is essential to the continued economic well-being of the City and to the needs of
society, and the reclamation of mined lands is necessary to prevent or minimize adverse
effects on the environment and to protect the public health and safety; and
WHEREAS, the City Council further finds that the reclamation of mined lands as
provided in this Ordinance will permit the continued mining of minerals and will provide for
the 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
diverse areas where the geologic, topographic, climatic, biological, and social conditions
are significantly different, and reclamation operations and the specifications therefore may
vary accordingly; and
WHEREAS, the City Council further finds that the production and conservation of
minerals should be encouraged while 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
conduct of surface mining operations to ensure that such operations are not detrimental
to existing or future land uses and to protect the public health, safety, and general
welfare, as shown in Exhibit "A".
SECTION TWO:
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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 court of competent
jurisdiction, it shall not affect the remaining portions of this Ordinance.
SECTION THREE:
This Ordinance shall take effect thirty (30) days following its adoption.
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INTRODUCED AND PASSED UPON FIRST READING this 26th day of January
, 1999. upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: . COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
BRINLEY, METZE, PAPE, KELLEY
NONE
VACANT
NONE
PASSED, APPROVED, AND ADOPTED UPON SECOND READING this 9th
day of ~, 1999 upon following role call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
BRINLEY, METZE, PAPE, KELLEY
NONE
VACANT
NONE
ATTEST:
/;/-.) /.
~&21.iL X :"'/7
,~r1le Kelley, Mayor 7 .
~i ~~
Vicki ynnKa~ty Clerk
APPROVED AS TO FO M AND LEGALITY:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Ordinance was read by title only for adoption on January 26, 1999, and
passed on February 9, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VACANT
ABS:r AIN:
COUNCILMEMBERS:
NONE
,-
~~J/ I
VICKI KASA~Y CLERK
CITY OF LAKE ELSINORE
-
(SEAL)
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1042 of said Council, and that the same has not been amended or repealed.
DATED: February 11, 1999
2l~Q-)/ ~
"\ ICitlhSA~"-CLERK
CITY OF LAKE ELSINORE
(SEAL)
EXHIBIT "A"
TITLE 14.04
SURFACE MINING AND RECLAMATION CHAPTER
SECTION 14.04.010 - TITLE: Chapter 14.04 of the Lake Elsinore Municipal Code
shall be known as the Surface Mining and Reclamation Chapter and shall supersede any
previous Surface Mining and Reclamation Chapters.
SECTION 14.04.020 - PURPOSE AND INTENT: The intent of this Chapter is to
ensure the continued availability of important mineral resources, while regulating surface
mining operations as required by California's Surface Mining and Reclamation Act of
1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred
to as "SMARA", Public Resources Code (PRC) Section 2207 (relating to annual reporting
requirements), and State Mining and Geology Board regulations (hereinafter referred to
as "State regulations") for surface mining and reclamation practice (California Code of
Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.),
to ensure that:
(A) 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.
(B) The production and conservation of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife, range and
forage, and aesthetic enjoyment.
(C) Residual hazards to the public health and safety are eliminated.
SECTION 14.04.030 - DEFINITIONS: As used in this Chapter, the following
terms shall have the following meanings:
(A) Area of Regional Significance. An area designated by the State Mining and
Geology Board which is known to contain a deposit of minerals, the extraction
of which is judged to be of prime importance in meeting future needs for
minerals in a particular region of the State within which the minerals are
located and which, if prematurely developed for alternate incompatible land
uses, could result in the premature loss of minerals that are of more than local
significance.
(B) Area of Statewide Significance. An area designated by the Board which is
known to contain a deposit of minerals, the extraction of which is judged to be
of prime importance in meeting future needs for minerals in the State and
which, if prematurely developed for alternate incompatible land uses, could
result in the permanent loss of minerals that are of more than local or regional
significance.
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(C) Borrow Pits. Excavations created by the surface mining of rock,
unconsolidated geologic deposits or soil to provide material (borrow) for fill
elsewhere.
(D) City. The City of Lake Elsinore.
(E) Commission. The Planning Commission of the City of Lake Elsinore.
(F) Community Develooment Department. The Planning Division, Engineering
Division, and Building and Safety Division.
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(G) Compatible Land Uses. Land uses inherently compatible with mining and/or
that require a minimum public or private investment in structures, land
improvements, and which may allow mining because of the relative economic
value of the land and its improvements. Examples of such uses may include,
but shall not be limited to, very low density residential, geographically
extensive but low impact industrial, recreational, agricultural, silvicultural,
grazing, and open space.
(H) Council. The City Council of the City of Lake Elsinore.
(I) Director. The Community Development Director of the City of Lake Elsinore,
or designee.
(J) Exoloration. 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.
(K) Haul Road. A road along which material is transported from the area of
excavation to the processing plant or stock pile area of the surface mining
operation.
(L) Idle. Surface mining operations curtailed for a period of one year or more, by
more than 90 percent of the operation's previous maximum annual mineral
production, with the intent to resume those surface mining operations at a
future date.
(M) Incomoatible Land Uses. Land uses inherently incompatible with mining
and/or that require public or private investment in structures, land
improvements, and landscaping and that may prevent mining because of the
greater economic value of the land and its improvements. Examples of such
uses may include, but shall not be limited to, high density residential, low
density residential with high unit value, public facilities, geographically limited
but impact intensive industrial, and commercial.
(N) Mined Lands. The surface, subsurface, and ground water 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 property which result from,
or are used in, surface mining operations are located.
(0) Minerals. Any naturally occurring chemical element or compound, 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 geothermal resources, natural gas, and petroleum.
(P) Mining Waste. Includes the residual of soil, rock, mineral, liquid, vegetation,
equipment, machines, tools, or other materials or property directly resulting
from, or displaced by, surface mining operation.
(Q) Operator. Any person who is engaged in surface mining operations, or who
contracts with others to conduct operations on his/her behalf, except a person
who is engaged in surface mining operations as an employee with wages as
his/her sole compensation.
(R) Overburden. Soil, rock, or other materials that lie above a natural mineral
deposit or in between deposits, before or after their removal, by surface mining
operations.
(S) Permit. Any formal authorization from, or approved by the city, the absence of
which would preclude surface mining operations.
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(T) Person. Any individual, firm, association, corporation, organization, or
partnership, or any city, county, district, or the state or any department or
agency thereof.
(U) Prospecting. See "exploration."
0/) Reclamation. The combined process of land treatment that minimizes water
degradation, air pollution, damage to aquatic or wildlife habitat, flooding,
erosion, and other adverse effects from surface mining operations, including
adverse surface effects incidental to underground mines, so that mined lands
are reclaimed to a usable condition which is readily adaptable for altemate
land uses compatible with Zoning and the General Plan and create no danger
to public health or safety. The process may extend to affected lands
surrounding mined lands, and may require backfilling, grading, resoHing,
revegetation, soil compaction, stabilization, or other measures.
(W) State Board. State Mining and Geology Board, in the Department of
Conservation State of California.
(X) State Geologist. Individual holding office as structured in Section 677 of
Article 3, Chapter 2 of Division 1 of the Public Resources Code.
(Y) Stream Bed Skimming. Excavation of sand and gravel from stream bed
deposits above the mean summer water level or stream bottom, whichever is
higher.
(Z) Surface Mining Operations. All, or any part of, the process involved in the
mining of minerals on mined lands by removing overburden and mining directly
from the mineral deposits, open-pit mining of minerals naturally exposed,
mining by the auger method, dredging and quarrying, or surface work incident
to an underground mine. Surface mining operations include, but are not limited
to, inplace distillation or retorting or leaching, the production and disposal of
mining waste, prospecting and exploratory activities, borrow pitting, streambed
skimming, and segregation and stockpiling of mined materials (and recovery of
same ).
(AA) Use. The beginning of a substantial surface mining operation that is
authorized, which construction must thereafter be pursued diligently to
completion.
SECTION 14.04.040 - INCORPORATION BY REFERENCE: The provisions of
SMARA (PRC ~2710 et seq.), PRC Section 2207, and State regulations CCR ~3500 et
seq., as those provisions and regulations may be amended from time to time, are made a
part of this Chapter by reference with the same force and effect as if the provisions
therein were specifically and fully set out herein, excepting that when the provisions of
this Chapter are more restrictive than correlative State provisions, this Chapter shall
prevail.
SECTION 14.04.050 - SCOPE: Except as provided in this Chapter, no person
shall conduct surface mining and quarrying operations unless a permit for Surface Mining,
Reclamation Plan, and financial assurances for reclamation have first been approved by
the City. Any applicable exemption from this requirement does not automatically exempt a
project or activity from the application of other regulations, chapters or policies of the City,
including but not limited to, the application of CECA, the requirement of a Conditional Use
Permit, Surface Mining Permit, or other permits, the payment of development impact fees,
or the imposition of other dedications and exactions as may be permitted under the law.
The provisions of this Chapter shall apply to all lands within the City, public and private.
This Chapter shall not apply to the following activities, subject to the above-
referenced exceptions:
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(A) Excavations or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster.
(B) Onsite excavation and onsite earthmoving activities which are an integral and
necessary part of a construction project that are undertaken to prepare a site
for construction of structures, landscaping, or other land improvements,
including the related excavation, grading, compaction, or the creation of fills,
road cuts, and embankments, whether or not surplus materials are exported
from the site, subject to all of the following conditions:
(1) All required permits for the construction, landscaping, or related land
improvements have been approved by a public agency in
accordance with applicable provisions of state law and locally
adopted plans and chapters, including, but not limited to, the
California Environmental Quality Act ("CEQA", Public Resources
Code, Division 13,921000 et seq.).
(2) The City's approval of the construction project included consideration
of the onsite excavation and onsite earthmoving activities pursuant
to CEQA.
(3) The approved construction project is consistent with the General
Plan or Zoning for the site.
(4) Surplus materials shall not be exported from the site unless and until
actual construction work has commenced and shall cease if it is
determined that construction activities have terminated, have been
indefinitely suspended, or are no longer being actively pursued.
(C) Operation of a plant site used for mineral processing, including associated
onsite structures, equipment, machines, tools, or other materials, including the
onsite stockpiling and onsite recovery of mined materials, subject to all of the
following conditions:
(1) The plant site is located on lands designated for industrial or
commercial uses in the City's General Plan.
(2) The plant site is located on lands zoned industrial or commercial, or
are contained within a zoning category intended exclusively for
industrial activities by the City.
(3) None of the minerals being processed are being extracted onsite.
(4) All reclamation work has been completed pursuant to the approved
Reclamation Plan for any mineral extraction activities that occurred
onsite after January 1, 1976.
(D) Prospecting for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than 1 ,000 cubic yards in any
one location of one acre or less.
(E) Surface mining operations that are required by federal law in order to protect a
mining claim, if those operations are conducted solely for that purpose.
(F) Any other surface mining operations that the State Mining and Geology Board
and the City determine to be of an infrequent nature and which involve only
minor surface disturbances.
(G) The solar evaporation of sea water or bay water for the production of salt and
related minerals.
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(H) Emergency excavations or grading conducted by the Department of Water
Resources or the Reclamation Board for the purpose of averting, alleviating,
repairing, or restoring damage to property due to imminent or recent floods,
disasters, or other emergencies.
(I) Road construction and maintenance for timber or forest operations if the land
is owned by the same person or entity, and if the excavation is conducted
adjacent to timber or forest operation roads. This exemption is only available if
slope stability and erosion are controlled in accordance with Board regulations
and, upon closure of the site, the person closing the site implements, where
necessary, revegetation measures and post-closure uses in consultation with
the Department of Forestry and Fire Protection. This exemption does not
apply to onsite excavation or grading that occurs within 100 feet of a Class
One watercourse or 75 feet of a Class Two watercourse, or to excavations for
materials that are, or have been, sold for commercial purposes.
SECTION 14.04.060. VESTED RIGHTS: No person who obtained a vested right
to conduct surface mining operations prior to January 1, 1976, shall be required to secure
a permit to mine, so long as the vested right continues and as long as no substantial
changes have been made in the operation except in accordance with SMARA, State
regulations, and this Chapter. Where a person with vested rights has continued surface
mining in the same area subsequent to January 1, 1976, she / he shall obtain City
approval of a Reclamation Plan covering the mined lands disturbed by such subsequent
surface mining. In those cases where an overlap exists (in the horizontal and/or vertical
sense) between pre- and post-Act mining, the Reclamation Plan shall call for reclamation
proportional to that disturbance caused by the mining after the effective date of the Act
(January 1, 1976).
All other requirements of State law and this Chapter shall apply to vested mining
operations.
SECTION 14.04.070 - PROCESS:
(A) Applications for the Surface Mining Permit and Reclamation Plan process shall
be made on forms provided by the Community Development Department. Said
application shall be filed in accord with this Chapter and procedures
established by the Director, or designee. The forms for Surface Mining Permit
and Reclamation Plan applications shall require, at a minimum, each of the
elements required by SMARA (992772-2773) and State regulations, and any
other requirements deemed necessary to facilitate an expeditious and fair
evaluation of the proposed permit for Surface Mining and Reclamation Plan, to
be established at the discretion of the Director, or designee.
(B) Twenty (20) sets of copies of a Surface Mining and Reclamation Plan shall be
submitted in conjunction with all necessary information for Permit approvals for
surface mining operations. For surface mining operations that are exempt
from a Permit approval pursuant to this Chapter, the Reclamation Plan
application shall include information conceming the mining operation that is
required for processing the Reclamation Plan. All documentation for the
Reclamation Plan shall be submitted to the City at one time.
(C) Applications shall include all required environmental review forms and
information prescribed by the Director, or designee.
(D) Upon completion of the environmental review procedure and filing of all
documents required by the Community Development Director, or designee,
consideration of the Surface Mining Permit and/or Reclamation Plan for the
proposed or existing surface mine shall be completed pursuant to Title 14.04
of the Lake Elsinore Municipal Code at a public hearing before the Planning
Commission, and pursuant to Section 2774 of the Public Resources Code.
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(E) Within thirty (30) days of acceptance of an application for approval for Surface
Mining operations and/or a Reclamation Plan as complete, the Community
Development Department shall notify the State Department of Conservation of
the filing of the application(s). Whenever mining operations are proposed in
the 100.year flood plain of any stream, as shown in Zone A of the Flood
Insurance Rate Maps issued by the Federal Emergency Management Agency,
and within one mile, upstream or downstream, of any state highway bridge,
the Community Development Department shall also notify the State
Department of Transportation that the application has been received.
(F) The Community Development Department shall process the application(s)
through the environmental review process pursuant to the California
Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et
seq.).
(G) Subsequent to the appropriate environmental review, the Community
Development Department shall prepare a staff report with recommendations
for consideration by the Planning Commission.
(H) The Planning Commission shall hold at least one noticed public hearing on the
requested Surface Mining Permit and Reclamation Plan, pursuant to the
requirements of Section 17.92 of the Lake Elsinore Municipal Code.
(I) Prior to final approval of a Reclamation Plan, financial assurances (as
provided in this Chapter), or any amendments to the Reclamation Plan or
existing financial assurances, the Planning Commission shall certify to the
State Department of Conservation that the Reclamation Plan and/or financial
assurance complies with the applicable requirements of State law, and submit
the plan, assurance, or amendments to the State Department of Conservation
for review. The Planning Commission may conceptually approve the
Reclamation Plan and financial assurance before submittal to the State
Department of Conservation. If a Surface Mining Permit is being processed
concurrently with the Reclamation Plan, the Planning Commission may
simultaneously also conceptually approve the Surface Mining Permit.
However, the Planning Commission may defer action on the Surface Mining
Permit until taking final action on the Reclamation Plan and financial
assurances. If necessary to comply with permit processing deadlines, the
Planning Commission may conditionally approve the Surface Mining Permit
with the condition that the Community Development Department shall not
issue the Surface Mining Permit for the mining operations until cost estimates
for financial assurances have been reviewed by the State Department of
Conservation and final action has been taken on the Reclamation Plan and
financial assurances.
Pursuant to PRC S2774(d), the State Department of Conservation shall be
given 30 days to review and comment on the Reclamation Plan and 45 days
to review and comment on the financial assurance. The Planning Commission
shall evaluate written comments received, if any, from the State Department of
Conservation during the comment periods. Staff shall prepare a written
response describing the disposition of the major issues raised by the State for
the Planning Commission's approval. In particular, when the Planning
Commission's position is at variance with the recommendations and objections
raised in the State's comments, the written response shall address, in detail,
why specific comments and suggestions were not accepted. Copies of any
written comments received and responses prepared by the Planning
Commission shall be promptly forwarded to the operator/applicant.
(J) The Planning Commission shall then take action to approve, conditionally
approve, or deny the Surface Mining Permit and/or Reclamation Plan, and to
approve the financial assurances pursuant to PRC S2770(d).
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(K) The Community Development Department shall forward a copy of each
approved Surface Mining Permit and/or approved Reclamation Plan, and a
copy of the approved financial assurances to the State Department of
Conservation. By July 1 of each year, the Community Development
Department shall submit to the State Department of Conservation for each
active or idle mining operation a copy of the Surface Mining Permit or
Reclamation Plan amendments, as applicable, or a statement that there have
been no changes during the previous year.
(L) All Reclamation Plans previously adopted shall remain in effect until modified
as provided in the Chapter.
(M) Upon the approval of the permit by the Planning Commission, the Community
Development Department shall issue the approved mining or reclamation
permit. Such permit shall include issuance of a grading permit which shall
allow the permittee to commence operations pursuant to the approved plan.
(N) 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.
SECTION 14.04.080 - CONTENTS OF THE SURFACE MINING PLAN: The
Surface 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 existing groundwater in the
area;
(C) The anticipated progression of mining operations, including the proposed
dates for the initiation and termination 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 complexity 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;
(F) The maximum anticipated depth of the surface mining operations;
(G) The location of equipment, stockpiles, settling ponds, interim drainage
systems, machinery and wastedumps in areas to be mined and the nature,
quantity and location of any explosives to be stored at the site;
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(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 lor groundwater contamination;
(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 mining 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;
(L) 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.
SECTION 14.04.090 - CONTENTS OF THE RECLAMATION PLAN: Each
Reclamation Plan shall take into account the particular characteristics of the mined lands
and the surrounding area, including types 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 conditions may have upon the existing and future uses
of surrounding lands;
(8) The methods to be used to reclaim the land including a detailed 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 controlled;
(0) 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;
(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;
(I) An explanation of how the reclaimed site shall be, to the extent 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
surrounding property;
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(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; and
(K) The name and address of the operator and the names and addresses of any
persons designated by him as agents for the service of process;
SECTION 14.14.100. STANDARDS FOR RECLAMATION:
(A) All Reclamation Plans shall comply with the provisions of SMARA (92772 and
92773) and State regulations (CCR 93500-3505). Reclamation Plans
approved after January 15, 1993, Reclamation Plans for proposed new mining
operations, and any substantial amendments to previously approved
Reclamation Plans, shall also comply with the requirements for reclamation
performance standards (CCR 993700-3713).
(B) The City may impose additional performance standards as developed either in
review of individual projects, as warranted, or through the formulation and
adoption of Citywide performance standards.
(C) Reclamation activities shall be initiated at the earliest possible 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. Reclamation
may be done on an annual basis, in stages compatible with continuing
operations, or on completion of all excavation, removal, or fill, as approved by
the City. Each phase of reclamation shall be specifically described in the
Reclamation Plan 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.
SECTION 14.04.110 . STAT~MENT OF ReSPONSIBiliTY: The person
submitting the Reclamation Plan shall sign a statement accepting responsibility for
reclaiming the mined lands in accordance with the Reclamation Plan. Said statement
shall be kept by the Community Development Department in the mining operation's
permanent record. Upon sale or transfer of the operation, the new operator shall submit a
signed statement of responsibility to the Community Development Department for
placement in the permanent record.
SECTION 14.04.120. FINDINGS FOR APPROVAL:
(A) Surface Mining Permit. In addition to any findings required by the Lake
Elsinore Municipal Code and the General Plan, surface mining operations
shall include a finding that the project complies with the provisions of SMARA
and State regulations.
(1) That the granting 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) Reclamation Plans. For Rf:clamation Plans, the following findings shall be
required:
(3)
That the Reclamation Plan complies with SMARA 92772 and 92773,
and any other applicable provisions;
That the Reclamation Plan complies with applicable requirements of
State regulations (CCR 993500-3505, and 993700-3713).
That the Reclamation Plan and potential use of reclaimed land
pursuant to the plan are consistent with this Chapter and the City's
General Plan and any applicable resource plan or element.
(1 )
(2)
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(4) That the Reclamation Plan has been reviewed pursuant to CEQA
and the City's environmental review guidelines, and all significant
adverse impacts from reclamation of the surface mining operations
are mitigated to the maximum extent feasible.
(5) That the land and/or resources such as water bodies to be reclaimed
will be restored to a condition that is compatible with, and blends in
with, the surrounding natural environment, topography, and other
resources, or that suitable off-site development will compensate for
related disturbance to resource values.
(6) That the Reclamation Plan will restore the mined lands to a usable
condition which is readily adaptable for alternative land uses
consistent with the General Plan and applicable resource plan.
(7) That a written response to the State Department of Conservation has
been prepared, describing the disposition of major issues raised by
that Department. Where the City's position is at variance with the
recommendations and objections raised by the State Department of
Conservation, said response shall address, in detail, why specific
comments and suggestions were not accepted.
SECTION 14.04.130 - CONDITIONS OF APPROVAL: The approval of any plan
or permit may be subject to conditions set forth in the findings 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.
SECTION 14.04.140 - FINANCIAL ASSURANCES:
(A) To ensure that reclamation will proceed in accordance with the approved
Reclamation Plan, the City shall 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 City
and the State Mining and Geology Board as specified in State regulations, and
which the City 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 City of Lake Elsinore and
the State Department of Conservation.
(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 shall be submitted to the
Community Development Department for review and approval prior to the
operator securing financial assurances. The Director, or designee, shall
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 City has reason to determine that
additional costs may be incurred. The Director, or designee, shall have the
discretion to approve the financial assurance if it meets the requirements of
this Chapter, SMARA, 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 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, or designee. 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, the number of units of each of these activities, and the
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actual ad~inistrative ?osts. Financial ~ssurances to ensure compliance with
revegetation, restoration of water, bodies, restoration of aquatic or wildlife
habitat, and any other applicable element of the approved Reclamation 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 permitte~. A
contingency factor 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 City or State Department of
Conservation may need to 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
anyone year shall be adjusted annually to account for new lands disturbed by
surface mining operations, inflation, and reclamation of lands accomplished in
accordance with the approved Reclamation Plan. The financial assurances
shall include estimates to cover reclamation for existing conditions and
anticipated activities during the upcoming year, excepting that the permittee
may not claim credit for reclamation scheduled for completion during the
coming year.
(H) Revisions to financial assurances shall be submitted to the Director, or
designee, 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.
SECTION 14.04.150 -INTERIM MANAGEMENT PLANS:
(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 approval conditions,
and shall provide measures the operator will implement to maintain the site in
a stable condition, taking into consideration public health and safety. The
proposed IMP shall be submitted on forms provided by the Community
Development Department; and shall be processed as an amendment to the
Reclamation Plan. IMPs shall not be considered a project for the purposes of
environmental review.
(8) Financial assurances for idle operations shall be maintained as though the
operation were active.
(C) Upon receipt of a complete proposed IMP, the Community Development
Department shall forward the IMP to the State Department of Conservation for
review. The IMP shall be submitted to the State Department of Conservation
at least 30 days prior to approval by the Planning Commission.
(D) Within 60 days of receipt of the proposed IMP, or a longer period mutually
agreed upon by the Director, or designee, and the operator, the Planning
Commission shall 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, or designee, to submit a revised
IMP. The Planning Commission shall approve or deny the revised IMP within
sixty (60) days of receipt. If the Planning Commission denies the revised IMP,
the operator may appeal that action to the City Council.
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(E) The IMP may remain in effect for a period not to exceed five years, at which
time the Planning Commission 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.
SECTION 14.04.160 . PUBLIC RECORDS: Reclamation plans, reports,
applications, and other documents submitted pursuant to this Chapter, 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 reserves, or rate of depletion entitled
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 Director of the Department of
Conservation 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.
SECTION 14.04.170 - AMENDMENTS: Amendments to an approved
Reclamation Plan may be submitted to the City at any time, detailing proposed changes
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, consideration, and approval by
the Director, or designee.
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SECTION 14.04.180 - VARIANCE: Any "variance" from the approved
reclamation plan should be only minor in nature and consequences, otherwise, any
substantial deviations from the approve plan require that the plan formally be amended.
SECTION 14.04.190 . ANNUAL REPORT REQUIREMENTS: Surface mining
operators shall forward an annual surface mining report to the State Department of
Conservation and to the Community Development Department on a date established by
the State Department of Conservation, upon forms furnished 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.
SECTION 14.04.200 - INSPECTIONS: The Community Development
Department shall arrange for inspection of a surface minin.g operation within six months of
receipt of the Annual Report required in Section 14.04.. ,~O to determine whether the
surface mining operation is in compliance with the approved Surface Mining 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, state-registered civil engineer, state-licensed
landscape architect, or state-registered forester, who is experienced in land reclamation
and who has not been employed by the mining operation in any capacity during the
previous 12 months, or other qualified specialists, as selected by the Director, or
designee. All inspections shall be conducted using a form approved and provided by the
State Mining and Geology Board.
The Community Development Department shall notify the State Department of
Conservation within thirty (30) days of completion of the inspection that said inspection
has been conducted, and shall 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.
SECTION 14.04.210 . VIOLATIONS AND PENALTIES: If the Director, or
designee, based upon an annual inspection or otherwise confirmed by an inspection of
the mining operation, determines that a surface mining operation is not in compliance with
this Chapter, the applicable Surface Mining Permit, any required permit and/or the
Reclamation Plan, the City shall follow the procedures set forth in Public Resources
Code, ~277 4.1 and ~277 4.2 concerning violations and penalties, as well as those
provisions of the City Development Code for revocation and/or abandonment of a Surface
Mining Permit which are not preempted by SMARA.
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SECTION 14.04.220 - APPEALS: Any person aggrieved by an act or
determination of the Community Development Department in the exercise of the authority
granted herein, shall have the right to appeal to the Planning Commission. Appeal of a
Planning Commission decision may be made to the City Council. An appeal shall be filed
on forms provided, within five (5) calendar days after the rendition, in writing, of the
appealed decision and must be accompanied by an appeal fee equal to one half the
amount of the application fee.
- SECTION 14.04.230 - FEES: The City shall 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 City, at the time of filing of the Surface Mining Permit
application, Reclamation Plan application, and at such other times as are determined by
the City to be appropriate in order to ensure that all reasonable costs of implementing this
Chapter are borne by the mining operator.
SECTION 14.04.240. MINERAL RESOURCE PROTECTION: Mine development
is encouraged in compatible. areas before encroachment of conflicting uses. Mineral
resource 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 City's General Plan.
In accordance with PRC ~2762, the City's General Plan and resource maps will be
prepared 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 City 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.
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