HomeMy WebLinkAbout2014 - Amending Title 18 • ORDINANCE NO.020/ 1/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING
TITLE 18,ZONING, OF THE REDDING MUNICIPAL CODE BY ADDING CHAPTER
18.63: SURFACE MINING AND RECLAMATION.
The City Council of the City of Redding does hereby ordain as follows:
Section 1. Title 18, Zoning, of the Redding Municipal Code is hereby amended by adding
a new Chapter 18.63 as follows:
Chapter 18.63
SURFACE MINING AND RECLAMATION
Sections:
18.63.010 Purpose and Intent.
18.63.020 Definitions.
18.63.030 Incorporation of SMARA and State Regulations.
18.63.040 Scope.
18.63.050 Filing and Fees.
18.63.053 Performance Requirements.
18.63.057 Effect of Annexation.
18.63.060 Review Procedure.
18.63.070 Financial Assurances.
18.63.080 Public Records.
18.63.090 Annual Review.
18.63.100 Idling of Surface Mining Operations.
18.63.110 Amendments.
18.63.120 Variance.
18.63.130 Enforcement.
18.63.140 Appeal.
18.63.150 Separability.
18.63.010 Purpose and Intent.
The purpose of this Chapter is to comply with the provisions of the California Surface Mining and
Reclamation Act of 1975, Chapter 9, Public Resources Code. V
The City Council hereby finds and declares that the extraction of minerals is essential to the Q�
continued economic well-being of the City and to the needs of the society and that the
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reclamation of mined lands is necessary to prevent or minimize adverse effects on the
environment, including fisheries and riparian habitat, and to protect the public health and safety.
The City Council further finds that the reclamation of mined lands, as provided in this Chapter,
will permit the continued mining of minerals and will provide for the protection and subsequent
beneficial use of the mined and reclaimed land.
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 that
reclamation operations and the specifications therefor may vary accordingly.
18.63.020 Definitions.
A. "Expansion" - Increases in the intensity of mining of on-site processing operations which
have an adverse impact on environmental issues such as noise, dust creation, traffic flow,
or water quality or any expansion to the boundaries of the area to be mined.
B. "Exploration" or "prospecting" - 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.
C. "Idle" - To curtail for a period of one (1) year or more surface mining operations by more
than ninety (90) percent of the operation's previous maximum annual mineral production,
with the intent to resume those surface mining operations at a future date.
D. "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, and 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.
E. "Minerals" - Any naturally-occurring chemical element or compound, or groups of elements
and compounds, formed from inorganic processes and organic substances, including, but
limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas,
and petroleum.
F. "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 operations.
G. "Operator" - Any person who is engaged in surface mining operations himself or who
contracts with others to conduct operations on his behalf, except a person who is engaged
in surface mining operations as an employee with wages as his sole compensation.
H. "Overburden" - Soil, rock, or other materials that lie above a natural mineral deposit or in
between mineral deposits, before or after their removal, by surface mining operations.
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I. "Permit" - A use permit obtained from the City of Redding, the absence of which would
preclude surface mining operations.
J. "Person" - Any individual, firm, association, corporation, organization, or partnership; any
city, county, district, or the State; or any department or agency thereof.
K. "Reclamation" - The process of land treatment that minimizes water degradation, air
pollution,damage to aquatic and 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 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 backfilling, grading,
resoiling, revegetation, soil compaction, stabilization, or other measures.
L. "State Board" - State Mining and Geology Board, in the Department of Conservation, State
of California.
M. "State Geologist" - Individual holding office as structured in Section 677 of Article 3,
Chapter 2 of Division 1 of the Public Resources Code.
N. "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 shall include, but are not limited to:
1. In-place distillation, retortion, or leaching.
2. The production and disposal of mining waste.
3. Prospecting and exploratory activities.
18.63.030 Incorporation of SMARA and State Regulations.
The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C. Sec. 2710
et seq.), P.R.C. Section 2207, and the California Code of Regulations implementing the act
(14 Cal. Admin., Sec. 3500 et seq.), as either 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 State provisions, this Chapter shall prevail.
18.63.040 Scope.
A. The following activities are exempt from the provisions of this Chapter:
1. Excavations or grading conducted for farming, on-site building construction with a
valid building permit or for the purpose of restoring land following a flood or natural
disaster.
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2. Prospecting and exploration for minerals of commercial value where less than
1,000 cubic yards of overburden is removed in any one location of one (1) acre or
less, provided that a use permit and grading permit from the City of Redding and
streambed alteration permit (Section 1600 et al. permit) from the State Department
of Fish and Game have been obtained for such prospecting and exploration activities.
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 involve more than
one (1) acre in any one location, provided that a use permit from the City of Redding
and streambed-alteration permit (Section 1600 et al. permit) from the State
Department of Fish and Game have been obtained for such surface mining
operations.
4. Surface mining operations that are required by federal law in order to protect a mining
claim, if such operations are conducted solely for that purpose.
5. Such other mining operations that the City determines to be of an infrequent nature,
which involve only minor surface disturbances and are categorically identified by the
State Board pursuant to Sections 2714(d) and 2758(c) of the California Surface
Mining and Reclamation Act of 1975.
6. Grading activities permitted by a lawful grading permit issued by the City that are not
intended for mineral recovery.
18.63.050 Filing and Fees.
A. Any person, unless exempted by provisions of this Chapter, who proposes to engage in
surface mining operations as defined in this Chapter shall, prior to the commencement of
such operations, obtain: (1) a use permit to mine from the City of Redding; (2) approval of
a reclamation plan; and (3) approval of financial assurances for reclamation, in accordance
with the provisions set forth in this Chapter and as further provided in Article 5, California
Surface Mining and Reclamation Act of 1975.
B. No person who has obtained a vested right to conduct a surface mining operation prior to
January 1, 1976, shall be required to secure a permit pursuant to the provisions of this
Chapter as long as such vested right continues, provided that no substantial change is
made in that operation except in accordance with the provisions of this Chapter. A person
may be deemed to have such vested rights if, prior to January 1, 1976, the person has:
1. Obtained any required permit or other authorization to do surface mining.
2. Commenced surface operations and incurred substantial expenses for work and
necessary materials. Expenses incurred in obtaining the enactment of an ordinance
in relation to a particular operation, incurred in obtaining a permit, or incurred in the
acquisition of property or easements shall not be deemed liabilities for work or
materials.
C. No person who has a surface mining operation meeting the definition of a "nonconforming
use" under Chapter 18.58 of the Redding Municipal Code shall be required to obtain a use
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permit under the provisions of this Chapter, unless the nonconforming use is changed or
expanded.
D. A person who has obtained a vested right to conduct surface mining operations prior to
January 1, 1976, or who meets the definition of a nonconforming use of the Redding
Municipal Code, shall submit to the City Planning Department and receive, within a period
of three (3) months, approval of a reclamation plan for operations to be conducted after
January 1, 1976, unless a reclamation plan was approved by the City of Redding or Shasta
County prior to January 1, 1976; and the person submitting that plan has accepted
responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this
Chapter shall be construed as requiring the filing of a reclamation plan for, or the
reclamation of, mined lands on which surface mining operations were conducted prior to,
but not after, January 1, 1976.
E. Use permits for surface mining activities shall be applied for under the terms of Chapter
18.70 of the Redding Municipal Code. Such applications are also subject to review under
the terms of the California Environmental Quality Act and are subject to the City of Redding
development and floodplain regulations, and applicable State regulations relating to
fisheries, wildlife, and air quality.
F. A fee as established in the City Fee Ordinance shall be paid to the City of Redding at the
time of filing of the use permit and reclamation plan applications. The use permit fee shall
be the same as that for other industrial use permits. The reclamation plan fee, established
by resolution of the City Council, shall be charged in addition to the use permit fee for
projects requiring a use permit as shall any environmental review fees.
G. All applications for a reclamation plan for surface mining operations shall be made on forms
provided by the office of the City Planning Department.
H. All applications shall demonstrate conformity with the City of Redding General Plan. Use
permits for surface mining may only be issued in areas designated on the City of Redding
General Plan as General Industry or Extractive Industry.
I. The use permit application for surface mining and reclamation shall consist of and contain
the following information:
1. One (1) reproducible sepia, mylar, or other reproducible site plan submitted on a map
eighteen (18) inches by twenty-six (26) inches in size and drawn to a scale of no
smaller than one (1) inch equals eight hundred (800) feet. The site plan shall show
the following information:
a. Date, north point, and scale.
b. Sufficient legal description of the land to define the boundaries of the site.
c. A key map indicating the location of the site in relation to the surrounding area.
d. The existing topography of the land proposed to be mined using contour
intervals of not more than five (5) feet and of not less than two (2) feet where
the grade of the land is less than five (5) percent. Contours of adjacent land
shall also be shown whenever the surface features of the land affect the design
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of the surface mine. The contour plan shall be an accurate and current
representation of the topography.
e. The location of all streams, roads, trees, wetland areas, railroads, and utility
facilities within, or adjacent to, such lands, and the location of all proposed
access roads to be constructed in conducting the mining operation.
f. The location of the 100-year floodplain boundary of any stream if it is on or
within 500 feet of the site.
g. The proposed location of all mining equipment, sorters, crushers, storage piles,
haul roads, access routes to public streets, office buildings, sheds, fire-
suppression equipment, water sources, settling ponds, etc.
h. A plan showing how any stream channel would be utilized and how equipment
would be protected in the event of a 100-year flood.
2. One (1) reproducible sepia, mylar, or other reproducible reclamation plan submitted
on a map eighteen (18) inches by twenty-six (26) inches in size and drawn to a scale
of no smaller than one (1) inch equals eight hundred (800) feet. The reclamation plan
shall show the following information:
a. Date, north point, and scale.
b. Sufficient legal description of the land to define the boundaries of the site.
c. A key map indicating the location of the site in relation to the surrounding area.
d. The proposed topography of the land when the mining activity ceases using
contour intervals of not more than five (5) feet and of not less than two (2) feet
where the grade of the land is less than five (5) percent. If the proposed
reclamation plan includes the use of lakes, the contour map shall show the
proposed lake bed.
e. All areas of proposed uncompacted fill.
f. All areas of proposed compacted fill.
g. The proposed reclamation plan use with theoretical development of the area in
a manner consistent with the reclamation plan. Representative structures,
parking areas, landscaping, and other land-use characteristics shall be shown.
h. A phasing plan showing the approximate areas to be mined and reclaimed on
an annual basis.
3. Current aerial photos at a scale of one (1) inch equals one hundred (100) feet. The
aerial photos shall clearly show all areas to be disturbed by the mining operation.
Any areas on the property outside the marked disturbance area shall be undisturbed
when the mining operation is complete.
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4. Written descriptions of the following:
a. The environmental setting of the site of operations and the effect that possible
alternate reclaimed site conditions may have upon the existing and future uses
of surrounding lands.
b. Effects of the project on public health and safety, giving consideration to the
degree and type of present and probable future exposure of the public to the
site.
c. The anticipated quantity and type of minerals for which the surface mining
operation is to be conducted. (This portion is to be prepared by a registered
geologist.)
d. The proposed dates for the initiation and termination of such operation.
e. The maximum anticipated depth of the surface mining operation.
f. 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. This may
be presented in map form.
g. The names and addresses of the owners of all surface and mineral interests of
the affected lands.
h. A description of the manner in which reclamation, adequate for the proposed
use or potential uses will be accomplished, including:
(1) A description of the manner in which contaminants will be controlled and
mining waste will be disposed.
(2) A description of the manner in which rehabilitation of affected streambed
channels and streambanks to a condition minimizing erosion and
sedimentation will occur.
i. An assessment of the effect of implementation of the reclamation plan on future
mining in the area.
j. A statement that the person submitting the plan accepts responsibility for
reclaiming the mined lands in accordance with the reclamation plan.
5. A title report for all parcels involved current within sixty (60) days of the application
date.
6. The reclamation plan shall address and shall establish compliance criteria for the
areas of environmental concern listed in Section 2773(b) of the Surface Mining and
Reclamation Act of 1975 and any other areas of concern adopted by the State Board
pursuant to that Section. These compliance criteria shall be at least as stringent as
standards established by the State Board and shall be in accordance with generally
accepted engineering practices.
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18.63.053 Performance Requirements.
As a product of the nature of a surface mining operation, there is the potential for the creation of
dust, noise, glare, vibration, and turbidity, impacts from the use of heavy trucks, impacts on
residential areas due to extended hours of operation during the construction season, and the
creation of land-use compatibility problems. In addition, related operations such as asphalt plants
can create odors.
In order to mitigate these potential impacts, any use permit for a new or expanded surface mining
operation shall contain the following requirements:
A. Setback. Setback from areas designated on the City of Redding or Shasta County General
Plan as residential shall be sufficient to protect the residential areas from any impacts from
the environmental factors listed in this section. The applicant shall be responsible for:
1. Studies to determine the appropriate setback.
2. A mitigation monitoring program to ensure that the setback achieves the goal of
eliminating the identified impacts.
B. Dust. All activities at the site of a surface mine shall be conducted in a manner to control
fugitive dust emissions through the use of dust palliative agents or the use of water to
mitigate off-site impacts. The applicant shall fund a monitoring program to ensure that dust
mitigations are eliminating off-site impacts and shall obtain all necessary permits from the
Air Quality District.
C. Odor and Noxious Pollution. No person shall discharge from any source whatsoever such
quantities of air contaminants or other material which cause injury, detriment, nuisance, or
annoyance to any considerable number of persons or to the public, or which endanger the
comfort, repose, health, or safety of any such person or the public, or which cause, or have
the natural tendency to cause, injury or damage to business or property. The applicant shall
fund a complaint-responsive, monitoring program to ensure that odor mitigations are
eliminating off-site impacts.
D. Noise. Noise from a surface mining operation shall not exceed the levels specified in
Table 1 of the Noise Element of the Redding General Plan. The Industrial Noise
Complaints Section of the Noise Element of the Redding General Plan shall apply to
surface mining operations so long as the operation is not expanded. The applicant shall
fund a complaint-responsive, monitoring program to ensure that noise is not exceeding
permitted levels.
E. Glare. Glare from night lighting shall not be visible on any public street or in any area
shown as residential on the Redding General Plan. Should a verifiable complaint of glare
be received, the night lighting must be reoriented or shielded to prevent the glare; or night
operations must cease.
F. Vibration. Vibration transmitted through the air and the ground shall be undetectable at the
boundaries of the property containing the surface mining operation. Should a verifiable
complaint of vibration beyond the property boundaries be received, the operation causing
the vibration shall cease.
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G. Blasting. Blasting shall require a use permit or an amendment to an existing use permit.
H. Water Quality. As part of obtaining a surface mining use permit from the City of Redding,
the applicant shall obtain all necessary permits from the Regional Water Quality Control
Board (RWQCB). All surface mining use permit applications will be forwarded to the
RWQCB for review of compliance with National Pollution Discharge Elimination Standards
and the State's Waste Discharge Requirements. The applicant will also be required to
comply with the State Department of Fish and Game criteria to protect fisheries and wildlife
in streams adjacent to or flowing through the project site.
I. Flood Plains. Gravel and sand-extraction operations may be permitted within a flood fringe
provided that such uses comply with all provisions of Chapter 18.47 of the Redding
Municipal Code, and providing that necessary permits have been obtained from the State
Department of Fish and Game and the Army Corps of Engineers (including a streambed
alteration permit, Section 1600 et al.), provided such operations will not broaden the
floodplain off site nor direct flood flows out of the natural floodplain.
J. Paved Access. In order to prevent the spread of dirt and other materials to public streets,
the applicant shall provide a strip of paving at least seventy-five (75) feet long prior to
entering the public street at all access points to the property. Should the seventy-five (75)
feet of paving prove inadequate to prevent the spread of materials onto public streets, the
paving shall be extended or a truck-washing program instituted.
K. Street Structural Section and Access. The applicant will be required to make any
necessary off-site street improvements to ensure that public streets providing access to the
operation shall have adequate structural section and design characteristics for the projected
vehicle trips created by the mining operation. Additionally, alternative access routes may
be required to be constructed if existing access routes pass through residential areas, by
schools, or in some other way pass through areas inappropriate for frequent heavy
commercial traffic. Required improvements may include, but are not limited to, traffic
studies, studies of existing street structural sections, reconstructing public streets,
construction of new public streets, and installation of traffic control devices.
L. Screening. The entire surface mining area shall be screened from public view in all
directions with a solid six- (6) foot fence, solid vegetative hedge, or equivalent method
approved by the Planning Commission. Screening is not required from adjacent parcels
if they are both designated as industrial or heavy commercial type development on the City
of Redding or Shasta County General Plan and developed with an industrial or heavy
commercial use. Screening shall be consistently maintained such that the screening does
not itself become a visual blight.
Additionally, standards contained in Chapter 16.40 of the Redding Municipal Code relating to
Clearing, Grading, Fills, and Excavation may be as applicable to restore and stabilize surface
areas.
18.63.057 Effect of Annexation.
Surface mining operations that annex to the City that are either legal, non-conforming uses or
permitted uses by the County at the time of annexation may continue to operate provided there
is not any expansion of the use and provided that the County use permit clearly defines the
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physical limits of the operation and that the County reclamation plan met the requirements of the
County's SMARA ordinance at the time the permit was issued. Expansion would require a use
permit issued under the terms of this Chapter. If the annexed surface mining operation does not
have an approved reclamation plan by the County prior to annexation, then within three (3)
months of notice by the City, the operator or owner shall submit a reclamation plan to the City for
approval pursuant to this Chapter. Failure to submit a plan shall be grounds for revocation of the
existing permit or termination of the use by the City.
Where a surface mining operation annexes to the City that has an approved reclamation plan by
the County, the approved plan shall be honored by the City as long as the surface mining
operation is not expanded. At the time of expansion of a use, the reclamation plan shall be
amended and submitted to the City for approval pursuant to this Chapter.
Financial assurances must be reviewed annually for adequacy, thus preannexation financial
assurances may require modification to meet the standards of this Chapter.
18.63.060 Review Procedure.
Upon submission of an application for a permit to mine, approval of a reclamation plan, or
approval of financial assurances, the following review periods shall apply:
A. Whenever surface mining operations are proposed in the 100-year floodplain for any
stream, as shown in Zone A of Flood Insurance Rate Maps issued by the Federal
Emergency Management Agency, and within one (1) mile, upstream or downstream, of any
State highway bridge, the City must notify the State Department of Transportation of such
application. The City must wait for response from the State Department of Transportation,
but not more than forty-five (45) days, prior to scheduling the public hearing for the permit.
Additionally, such applications shall be reviewed under the terms of Chapter 18.47 of the
Redding Municipal Code relating to floodplains.
B. All reclamation plans and financial assurances and amendments to such plans and financial
assurances shall be submitted to the State Geologist for review. The City must wait for
comments from the State Geologist and provide a written response describing the
disposition of the major issues raised. Comments received and responses prepared by the
City shall be forwarded to the applicant for review. If the State Geologist has not
responded within forty-five (45) days of notification, the plans and assurances may be
scheduled for public hearing.
C. The City shall notify the State Geologist of the filing of an application for a permit to conduct
surface mining operations within thirty (30) days of such an application being filed with the
City.
D. The City shall notify the State Department of Fish and Game, the regional Air Quality
Control Board, and the regional Water Quality Board of the request to conduct surface
mining operations.
E. The City shall notify the Bureau of Land Management of any application to mine on lands
within the jurisdiction of the Bureau. The City shall not proceed with review of such
application until appropriate application has been made to the Bureau.
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Following completion of the required notification and comment period, the Planning Department
shall review the permit application and the reclamation plan in accordance with the use permit
procedures of Chapter 18.70 of the Redding Municipal Code, except that:
A. A public hearing shall be mandatory for use permit applications that involve a reclamation
plan.
B. Notification shall be by public notice and by mailing to all persons owning property within
a distance of not less than 1,000 feet from the exterior boundaries of the project.
18.63.070 Financial Assurances.
Upon a finding by the City of Redding that a supplemental guarantee for the reclamation of the
mined land is necessary, and upon the determination by the Planning Department of the cost of
the reclamation of the mined land according to the reclamation plan, a surety bond, irrevocable
letter of credit, trust fund, or other form of financial assurance adopted by the State Board
conditioned upon the faithful performance of the reclamation plan shall be filed with the Planning
Department. Such surety shall be executed in favor of the City of Redding and the State
Geologist and reviewed and revised annually as necessary. Such surety shall be maintained in
an amount equal to the cost of a third party completing the remaining reclamation of the site as
prescribed in the approved or amended reclamation plan during the succeeding one- (1) year
period, or other reasonable term. The revised surety shall account for new lands disturbed by
surface mining operations, inflation (based on the latest rate established by the Engineering News
Record), and reclamation accomplished in accordance with the reclamation plan.
If a mining operation is sold or ownership is transferred to another person, the existing financial
assurances shall remain in force and shall not be released by the lead agency until new financial
assurances are secured from the new owner and have been approved by the lead agency in
accordance with Section 2770.
18.63.080 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. The 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 of Redding. 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, California Surface Mining and Reclamation Act of 1975.
18.63.090 Annual Review.
Within six (6) months of receipt of a surface mining operation's annual report to the State Board
submitted pursuant to Section 2207, California Surface Mining and Reclamation Act of 1975, the
City shall cause an inspection of the surface mining operation. The inspection shall be conducted
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by a State-registered geologist,State-registered civil engineer,State-licensed landscape architect,
or State-registered forester who is experienced in land reclamation and has not been employed
by the mining operation in any capacity during the previous twelve (12) months. The reasonable
cost of the inspection shall be the sole responsibility of the operator. The inspection shall be
conducted using a form approved by the State Board. The inspector shall prepare a report
showing:
A. Verification that the areas of the mine designated as "reclaimed" have been reclaimed to
the standards of the approved reclamation plan.
B. Calculations showing the adequacy of the existing performance bond.
C. Verification that the mine is in compliance with remaining conditions of the use permit and
reclamation plan.
The inspection report cannot be submitted to the State Board until the performance bond has
been shown to conform to the amount determined by the City to be adequate. Performance
bonds exceeding the amount determined by the City to be adequate may be revised to that
amount.
18.63.100 Idling of Surface Mining Operations.
A. Within ninety (90) days of a surface mining operation's becoming idle, as defined in this
Chapter, the operator shall submit to the lead agency for review and approval, an interim
management plan. The review and approval of an interim management plan shall not be
considered a project within the meaning of Division 13 (commencing with Section 21000).
The approved management plan shall be considered an amendment to the surface mining
operation's approved reclamation plan, for purposes of this Chapter. The interim
management plan shall provide measures the operator will implement to maintain the site
in compliance with this Chapter, including, but not limited to, all permit conditions.
The interim management plan may remain in effect for a period not to exceed five (5) years,
at which time the City shall do one of the following:
1. Renew the interim management plan for another period not to exceed five (5) years
if the lead agency finds that the surface mining operator has complied fully with the
interim management plan.
2. Require the surface mining operator to commence reclamation in accordance with its
approved reclamation plan.
B. Financial assurances required by this Chapter 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, the surface mining operation shall commence reclamation
in accordance with its approved reclamation plan.
C. The review, approval, and appeal process for interim management plans shall be as
described in Sec. 2770(h), California Surface Mining and Reclamation Act of 1975.
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18.63.110 Amendments.
A. Amendments to an approved surface mining or 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.
B. Amendments to an approved surface mining reclamation plan shall be approved by the
same procedure as is prescribed for approval of a reclamation plan.
18.63.120 Variance.
Variances from this Chapter may be allowed upon request of the operator and applicant, if they
are not one and the same, and upon a finding by the Planning Commission that each requested
variance is necessary to achieve the prescribed or higher postmining use of the reclaimed land.
18.63.130 Enforcement.
The Provisions of this Chapter shall be enforced by any authorized member of the Planning
Department of the City of Redding or such other persons as may be designated by the City
Council.
18.63.140 Appeal.
Any person aggrieved by an act or determination of the Planning Department administrator in the
exercise of the authority granted herein shall have the right to appeal to the Planning Commission
and the City Council as the case may be. Any appeal must be filed, in writing within ten (10)
days after the rendition of the decision.
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18.63.150 Separability.
If any section, subsection, sentence, clause, or phrase of this Chapter 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 Chapter.
Section 2. The City Council has ratified the negative declaration prepared in
connection herewith, finding that no significant effect on the environment is created
hereby.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and
cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at
a regular meeting of the City Council on the 19th day of May, 1992, and was duly
read and adopted on the 2nd day of June, 1992, at a regular meeting of the City
Council by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
77T:
CONNIE STROHMAYER, ' Clerk
FO 'PROVED:
RA DALL A. HAYS, City Attorney
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