Sec. 17-1. - Purpose and intent.
Sec. 17-3. - Incorporation by reference.
Sec. 17-1. - Purpose and intent.
The County of Kings recognizes that the extraction of minerals is essential to the continued economic well-being of the County of Kings and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety, and property values. The County of Kings also recognizes 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.
The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA", Public Resources Code ("PRC") Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State Regulations") for surface mining and reclamation practice (California Code of Regulations ("CCR"), Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that:
(1)
Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.
(2)
The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
(3)
Residual hazards to the public health and safety are eliminated.
(Ord. No. 585, § 2, 4-11-00)
The definitions set forth in this section shall govern the construction of this chapter.
Area of regional significance shall means an area designated by the state mining and geology board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.
Area of statewide significance shall mean an area designated by the board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.
Borrow pits shall mean excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide borrow material for fill elsewhere.
Community development agency director. The Director of Community Development of the County of Kings.
Compatible land uses shall means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.
Conditional use permit shall mean a zoning permit required for surface mines pursuant to the Kings County Zoning Ordinance, which is required in addition to the reclamation plan and financial assurance plan required by this chapter and SMARA.
Haul road shall mean a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.
Idle shall mean surface mining operations curtailed for a period of one year or more, 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.
Incompatible land uses shall mean land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.
Mined lands shall mean 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, 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.
Minerals shall mean any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
Operator shall mean any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.
Planning division: The Planning Division of the Kings County Community Development Agency.
Reclamation shall mean the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or 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.
Stream bed skimming shall mean excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.
Surface mining operations shall mean 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 include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials and recovery of same.
(Ord. No. 585, § 2, 4-11-00; Ord. No. 585.1, § 1, 7-28-09)
Sec. 17-3. - Incorporation by reference.
The provisions of SMARA (Public Resources Code § 2710 et seq.), Public Resources Code Section 2207, and state regulations found at Title 14 CCR section 3500 et seq., as those provisions and regulations 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. When the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail. Hereinafter, all generic "section" references shall be to the California Public Resources Code.
(Ord. No. 585, § 2, 4-11-00)
Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the Kings County Planning Commission. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the County of Kings, including but not limited to, the application of CEQA, the requirement of conditional use permit or other permits, the payment of development impact fees, or the imposition of other dedications and exaction as may be permitted under the law. The provisions of this chapter shall apply to all lands within the County of Kings, public and private.
This chapter shall not apply to the following activities, subject to the above referenced exceptions:
(1)
Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.
(2)
On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for irrigation, construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:
a.
All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13, 21000 et seq.).
b.
Approval by Kings County of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA.
c.
The approved construction project is consistent with the general plan and zoning of the site.
d.
Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.
(3)
Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:
a.
The plant site is located on lands designated for industrial or commercial uses in the Kings County General Plan.
b.
The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the County of Kings.
c.
None of the minerals being processed are being extracted on-site.
d.
All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.
(4)
Prospecting for, or the extraction of; minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.
(5)
Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.
(6)
Any other surface mining operations that the state mining and geology board determines to be of an infrequent nature and which involve only minor surface disturbance.
(7)
Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, restoring damage to property due to imminent or recent floods, disasters, or other emergencies.
(8)
State department of water resources activities, as follows:
a.
Surface mining operations conducted on lands owned or leased, upon which easements or rights-of-way have been obtained, by the department of water resources for the purpose of the state water resources development system or flood control, and surface mining on land owned or leased, or upon which easements or rights-of-way have been obtained, by the reclamation board for the purpose of flood control, if the department of water resources adopts, after submission to and consultation with, the department of conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter. The department of water resources shall provide an annual report to the department of conservation by the date specified by the department of conservation on these mining activities.
b.
Nothing in this chapter shall require the department of water resources or the reclamation board to obtain a permit or secure approval of a reclamation plan from the county in order to conduct surface mining operations specified in paragraph (8)a. Nothing in this subdivision shall preclude the bringing of an enforcement action pursuant to Public Resources Code Section 2774.1, if it is determined that a surface mine operator, acting under contract with the department of water resources or reclamation board on lands other than those owned or leased, or upon easements or rights-of-way have been obtained, by the department of water resources or the reclamation board, is otherwise not in compliance with this chapter.
(9)
Roadbed construction on timber projects, as follows:
a.
Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in conjunction with timber operation of forest management on land owned by the same person or entity. This exception is limited to excavations and grading that is conducted adjacent to timber operations or forest management roads and shall not apply to on-site excavations or rading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.
b.
This exemption shall be available only if slope stability and erosion are controlled in accordance with of 14 CCR Section 3704(f) and 14 CCR Section 3706(d), and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses, in consultation with the department of forestry and fire protection.
(10)
Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:
a.
The operations are being conducted in accordance with Section 3000 et seq).
b.
The operations are consistent with any general plan and zoning provisions applicable to the site.
c.
The earthmoving activities are within oil or gas field properties under a common owner or operator.
d.
No excavated materials are sold for commercial purposes.
(Ord. No. 585, § 2, 4-11-00)
No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this article. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he or she shall obtain Kings County approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after January 1, 1976.
All other requirements of state law and this article shall apply to vested mining operations.
(Ord. No. 585, § 2, 4-11-00; Ord. No. 585.1, § 2, 7-28-09)