§ 23.08.182. Permit Requirements for Surface Mining.

a.

New surface mining operations. Development Plan approval shall be obtained before starting any surface mining operations as defined in this chapter, except as provided in subsection b of this section. New mines shall be limited to a maximum of one operator per site, and such operator shall take full responsibility for reclamation per Section 23.08.184.

b.

Existing surface mining operations. A person who has obtained a vested right to conduct a surface mining operation before January 1, 1976, need not secure a permit as required by subsection a, as long as the vested right continues and there are no substantial changes. All operations are required to have an approved Reclamation Plan and Financial Assurances per Sections 23.08.183 and 23.08.184. Provided, however, that Development Plan approval is also required if an existing mine is changed by increasing the on-site processing capabilities of the operation or by changing the method of mining (i.e. from mechanical to hydraulic technology), or the mine is expanded beyond the external boundaries of the original surface mining site.

c.

New operations on a reclaimed site. The resumption of surface mining operations on a site where reclamation was previously completed shall only occur pursuant to the approval of a new Development Plan and Reclamation Plan.

d.

Vested right defined. For the purposes of surface mining operations only, a person is deemed to have a vested right if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if a permit or other authorization was required, diligently commenced surface mining operations and incurred substantial costs for work and materials necessary therefor. Expenses incurred in obtaining an amendment to the Land Use Element, or the issuance of a permit to establish or expand a mine, are not deemed costs for work or materials.

e.

Surface mining permit review procedure. The Department of Planning and Building will review the permit application and the reclamation plan for accuracy and completeness, and coordinate review of the application and plan with the State Department of Conservation and other agencies. A public hearing will be scheduled after the filing of both the permit application and the reclamation plan. The public hearing will be held pursuant to Section 23.01.060. The purpose of the hearing will be to consider the applicant's request and to approve, conditionally approve or disapprove the issuance of a permit and reclamation plan for the proposed surface mining operation. Approval or conditional approval may be granted only upon making the findings that the application and reclamation plan or amendments to reclamation plan and reports submitted:

(1)

Adequately describe the proposed operation in sufficient detail and comply with applicable state mandated requirements of SMARA;

(2)

Incorporate adequate measures to mitigate the probable significant adverse environmental effects and operational visual effects of the proposed operation;

(3)

Incorporate adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas;

(4)

Show proposed uses which are consistent with the county general plan; and

(5)

Demonstrate that the uses proposed are not likely to cause public health or safety problems.

In addition, when any significant environmental impact has been identified, the findings mandated by the Public Resources Code shall be made.

[Amended 1992, Ord. 2584; 1995, Ord. 2715]