33.05.090 Application processing.
Proposed reclamation plans for surface mines shall be processed as follows:
A. Referral of Application. Within 30 days of the acceptance of a special use permit and/or reclamation plan application for a surface mining operation, the Planning Department shall refer the applications and plans to the following:
1. The Director of the state of California Department of Conservation shall be notified of the filing of all surface mining permit applications, reclamation plans and the associated CEQA document. The Department of Conservation shall have 30 days to prepare written comments on the reclamation plan, if the director of the Department of Conservation so chooses.
2. Whenever mining operations are proposed in a 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency (FEMA), and within one mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify the California Department of Transportation that the application has been received.
B. Authority for Action on Reclamation Plans and Financial Assurances. The Planning Commission shall be the granting authority for review and approval of a reclamation plan, financial assurance and special use permit for mining operations when filed.
C. Public Hearing. Each application for a special use permit and/or reclamation plan for a surface mine shall be subject to at least one public hearing. If applications for a special use permit and a reclamation plan are submitted by the same applicant for the same site, the granting authority may consider and decide upon both applications in one public hearing.
D. Hearing Notice. Notice of a public hearing on a permit or reclamation plan for a surface mine shall be given as specified in Cal. Gov’t. Code § 65091.
E. Procedure for Approval. Special use permits for surface mining operations shall be processed and approved as provided by SCC 20.05.140 through 20.05.180, which may occur at the same time as reclamation plan. The approval of a reclamation plan, amendment to a reclamation plan, or financial assurances (as provided by SCC 33.05.110) shall also occur as follows:
1. Certification to State. Prior to the final approval of a reclamation plan, financial assurances or any amendments to a reclamation plan or existing financial assurances, the granting authority shall:
a. Certify to the director of the California Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of the state regulations; and
b. Submit the plan, assurances, or amendments to the director of the California Department of Conservation for review.
2. Conceptual Approval. The granting authority may conceptually approve a reclamation plan and financial assurance before submittal to the director of the California Department of Conservation.
3. Deferral of Action. The granting authority may defer action on a surface mining special use permit until taking final action on a reclamation plan and financial assurance. The granting authority may approve the special use permit for surface mining with the condition that surface mining operations shall not commence until financial assurances have been reviewed by the director of the California Department of Conservation, and final action has been taken on the reclamation plan and financial assurances.
4. Response to State Comments. The granting authority shall evaluate the written comments provided by the California Department of Conservation during the 45-day comment period. The Planning Department shall prepare a written response describing the disposition of the major issues raised by the state for approval by the granting authority. In particular, when the granting authority’s position is different than the recommendations and objections raised by the Department of Conservation (or any other “responsible” or “trustee” agency), where comments have been based upon those agencies’ statutory or regulatory authority, 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 granting authority shall be promptly forwarded to the operator/applicant.
5. Final Approval. The granting authority shall then approve, conditionally approve or deny the special use permit and/or reclamation plan pursuant to Cal. Pub. Res. Code § 2774, and to approve the financial assurances as provided by Cal. Pub. Res. Code § 2773.1.
6. Findings for Approval. In approving a special use permit for a surface mining operation, the granting authority shall make all findings required for special use permits by SCC 20.05.140 through 20.05.180, and a finding that the project complies with the provisions of applicable state regulations. In approving a reclamation plan, the granting authority shall first find that:
a. The reclamation plan complies with Cal. Pub. Res. Code §§ 2772, 2773, and 2773.1 and any other applicable provisions;
b. The reclamation plan complies with applicable requirements of the state regulations (California Code of Regulations Title 14, §§ 3500 et seq., and California Code of Regulations Title 14, § 3700 et seq.);
c. The reclamation plan and potential use of reclaimed land pursuant to the reclamation plan are consistent with the zoning code, the Sierra County general plan, and any applicable resource plan;
d. The reclamation plan has been reviewed pursuant to the California Environmental Quality Act (“CEQA,” Cal. Pub. Res. Code §§ 21000 et seq.) and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;
e. 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;
f. 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 any applicable resource plan; and
g. A written response to the director of the California Department of Conservation has been prepared.
7. Referral to State. The Planning Department shall forward a copy of each approved special use permit for surface mining operations and/or approved reclamation plan, and a copy of the financial assurances to the California Department of Conservation. (Formerly 33.09)