§ 23.08.180. Surface Mining and Reclamation.

Surface mining operations include the processes of removing overburden and mining directly from 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. In addition, surface mining operations include, but are not limited to: Inplace distillation, retorting or leaching; the production and disposal of mining waste; prospecting and exploratory activities; borrow pitting, streambed skimming, segregation, recovery, and stockpiling of mined materials; and extractions of natural materials for building, construction.

a.

Purpose and intent. These sections are adopted as required by the California Surface Mining and Reclamation Act of 1975 (SMARA) (Section 2207 and 2710 et seq. of the Public Resources Code and Chapter 8, Title 14, California Code of Regulations, Section 3500 et seq.). The purpose of these sections is the regulation of surface mining and related mineral extraction operations within the county. The intent is to provide for reclamation of mined lands, prevent or minimize adverse environmental effects and safety hazards, and provide for the protection and subsequent beneficial use of mined and reclaimed lands. Because surface mining occurs in areas diverse in environmental and social conditions, reclamation operations and specifications may vary accordingly.

b.

Surface mining operations - permit and reclamation plan required. No person shall conduct surface mining operations unless a permit, financial assurances, and reclamation plan have first been approved by the county for such operations, except as otherwise provided here.

c.

Exceptions: The provisions of Sections 23.08.181 through 23.08.192 are not applicable to:

(1)

Excavations or grading conducted for farming or on-site construction, or to restore land following a flood or natural disaster when the excavation is conducted only on the land directly affected by disaster.

(2)

Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one site of one acre or less, provided:

(i)

A grading permit is required for such exploration pursuant to Section 23.05.020 (Grading); and

(ii)

Each such site is restored to a natural appearing or otherwise usable condition to the approval of the Director of Planning and Building upon completion of exploration.

(3)

Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden, or cover more than one acre in any one site. (This does not exempt the owner from obtaining a Grading Permit if required by Section 23.05.020 (Grading)).

(4)

The solar evaporation of sea water or bay water for the production of salt and related minerals.

(5)

Other mining operations categorically identified by the State Board pursuant to Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975.

d.

Conflicting provisions. Where any conflicts arise as to materials, methods, requirements, and interpretation of different sections between this chapter, and Section 23.05.020 (Grading), the most restrictive shall govern.

[Amended 1992, Ord. 2570; 1995, Ord. 2715]