§ 22.36.050. Reclamation Plan.

A.

When required.

1.

Proposed surface mining operations. Approval of a reclamation plan shall be obtained before starting any proposed surface mining operation for which a permit is required by Section 22.36.040.

2.

Active surface mining operations.

a.

No later than July 5, 1980, any person who is presently conducting surface mining operations under a vested right obtained before January 1, 1976, shall file with the Department of Planning and Building a reclamation plan for all operations conducted and planned after January 1, 1976. Provided, however, that a reclamation plan need not be filed if:

(1)

A reclamation plan was approved by the County before January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in compliance with that plan; or

(2)

The owner/operator files a letter with the Department of Planning and Building stating that the mine is being temporarily deactivated, and agreeing to file a reclamation plan as set forth in Subsection A.3 before resuming operations; or

(3)

Surface mining operations were completed before January 1, 1976.

b.

In the case of surface mining operations physically conducted and operated by San Luis Obispo County agencies in support of county projects, the County agency shall file the required reclamation plan , which shall be reviewed as described below in Subsection A.3.b, A.3.c, and A.3.d, subject to the other provisions of this Chapter.

3.

Temporarily deactivated surface mining operations.

a.

Within 90 days of a surface mining operation becoming idle, the operator shall submit an interim management plan to the department. "Idle" is defined as curtailing for a period of one year or more surface mining operations 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. The interim management plan shall be processed as an amendment to the Reclamation Plan, but shall not be considered a project for the purposes of environmental review. The plan shall provide measures which the operator will implement to maintain the site in compliance with this ordinance, SMARA, and all conditions of the Conditional Use Permit and/or Reclamation Plan.

b.

Within 60 days of receipt of the interim management plan, or a longer period mutually agreed upon by the Department of Planning and Building and the operator, the plan shall be reviewed by the department. During this time period, the plan will either be approved by the Review Authority or the operator shall be notified in writing of any deficiencies in the plan or additional information needed to review the submittal. The operator shall have 30 days, or a longer period if mutually agreed upon, to submit the revised plan or additional information. The Review Authority shall approve or deny the revised interim management plan within 60 days of receipt of a plan that has been determined to be complete by the department. If the plan is denied by the Review Authority, it may be appealed as described in 22.70.050.

c.

The interim management plan may remain in effect for a period not to exceed five years, at which time the operator may apply to renew the plan for one more period not to exceed five years. The renewal shall be processed as an amendment to the Reclamation Plan and, prior to approval, the Review Authority must find that the operator has complied with the previously approved plan. The Review Authority may then either approve the renewal or require the operator to commence reclamation in compliance with its approved Reclamation Plan. In any event, the required financial assurances, sufficient to reclaim a mine in accordance with the Reclamation Plan, shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after expiration of its interim management plan, reclamation shall commence in compliance with its approved Reclamation Plan.

d.

The owner/operator of a surface mining operation for which a vested right was obtained before January 1, 1976, and which is temporarily deactivated on the effective date of this Title shall, prior to reactivation, receive approval of a Reclamation Plan for operations to be conducted after January 1, 1976. Failure to receive approval of a reclamation plan before reactivating a temporarily deactivated operation shall create a presumption of termination of the vested right and surface mining operations shall be prohibited unless a new Surface Mining Permit is approved.

B.

Reclamation plan filing and content. The filing and content of all reclamation plans shall be in compliance with the provisions of this Chapter and as further provided in Section 2770 et seq. of the Public Resources Code. All applications for a reclamation plan shall be made on forms provided by the County Department, and as called for by the Public Resources Code. The plan shall be prepared by a registered civil engineer, licensed landscape architect, state-registered geologist or forester, or other qualified professional approved by the Director.

1.

Reclamation standards. The proposed plan shall include detailed and verifiable provisions adequate to determine compliance with the minimum SMARA performance standards for reclamation as described in Section 3500 et seq. of the California Code of Regulations. The plan shall include provisions for, but shall not be limited to, the following:

a.

wildlife habitat;

b.

backfilling, regrading, slope stability, and recontouring;

c.

revegetation;

d.

drainage, diversion structures, waterways, and erosion control;

e.

agricultural land reclamation;

f.

building, structure, and equipment removal;

g.

stream protection, including surface and groundwater;

h.

topsoil salvage, maintenance, and redistribution;

i.

tailing and mine waste management.

2.

Phasing of reclamation. Proposed plans shall include a reclamation phasing schedule where appropriate, which is consistent with the phasing of the mining operation. Reclamation 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 measures may also be required for areas that have been disturbed and will be disturbed again in future operations. The phasing schedule shall include the following minimum components:

a.

the beginning and expected ending dates for each phase;

b.

a clear description of all reclamation activities;

c.

criteria for measuring completion of each specific activity; and

d.

estimated costs for each phase of reclamation as described in Section 22.36.060.

3.

Visual resources. The reclamation plan shall, to the extent feasible, provide for the protection and reclamation of the visual resources of the area affected by the mining operation. Measures may include, but not be limited to, resoiling, recontouring of the land to be compatible with the surrounding natural topography, and revegetation and the end use or uses specified by the landowner. Where the mining operation requires the leveling, cutting, removal, or other alteration of ridgelines on slopes of twenty percent or more, the reclamation plan shall ensure that such mined areas are found compatible with the surrounding natural topography and other resources of the site.

C.

Notification of Department of Conservation (State). The State will be notified within 30 days of the filing of all permit applications and reclamation plans. The State shall have 45 days to prepare written comments prior to any final action taken by the Review Authority. Any comments provided will be evaluated and a written response describing the disposition of the major issues will be included in the staff report. When the Review Authority's position is different from the recommendations and/or objections raised in the state's comments, the staff report shall describe in detail why specific comments and suggestions were not accepted.

D.

Reclamation plan review procedure. The Department of Planning and Building will review the reclamation plan for accuracy and completeness, and coordinate review of the plan by other agencies. It will be processed following the procedure as described in Section 22.02.050 (Minor Use Permit), including the environmental review process and a subsequent public hearing. A reclamation plan will be accepted for review only when the Director has determined that the surface mining operation was established in compliance with legal requirements applicable at the time of its establishment. Such determination shall be based upon information submitted by the applicant, relevant county records, or a Certification of Vested Right previously issued by the County. Approval or conditional approval of a reclamation plan may be granted only upon making the finding that the reclamation plan or amendments thereto:

1.

Adequately describes the proposed operation in sufficient detail and complies with applicable requirements of SMARA;

2.

Incorporates adequate measures to mitigate the probable significant adverse environmental effects of the proposed operation;

3.

Incorporates adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas, and to a use consistent with the General Plan. Where a significant environmental impact has been identified, all findings mandated by the Public Resources Code shall be made.

E.

Amendments. Amendments to an approved reclamation plan can be submitted to the County at any time, detailing proposed changes from the original plan. Such amendments shall be filed with, and approved by the County using the same procedure required for approval of a reclamation plan by Subsection d.

[Amended 1994, Ord. 2696] [22.08.183]