Sec. 17-7. - Standards for reclamation.

(a)

All reclamation plans shall comply with the provisions of SMARA and state regulations adopted pursuant thereto (see Title 14 CCR § 3500 et seq). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards set forth in 14 CCR Sections 3700-3713.

(b)

The County of Kings may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of county wide performance standards.

(c)

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the county. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation.

(Ord. No. 585, § 2, 4-11-00)

Sec. 17-8. - Statement of responsibility.

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning division in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning division for placement in the permanent record.

(Ord. No. 585, § 2, 4-11-00; Ord. No. 585.1, § 4, 7-28-09)

Sec. 17-9. - Findings for approval.

(a)

Conditional use permits (site approvals). In addition to any findings required by the Kings County Code of Ordinances, conditional use permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and the state regulations adopted pursuant thereto.

(b)

Reclamation plans. For reclamation plans, the following findings shall be required:

(1)

That the reclamation plan complies with Sections 2772 and 2773 and any other applicable provisions of state law;

(2)

That the reclamation plan complies with applicable requirements of state regulations (see Title 14 CCR Sections 3500-3505, and Sections 3700-3713).

(3)

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the Kings County General Plan and any applicable resource plan or element, and the Kings County Zoning Ordinance.

(4)

That the reclamation plan has been reviewed pursuant to CEQA and the Kings County environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

(5)

That 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, or that suitable off-site development will compensate for related disturbance to resource values.

(6)

That the reclamation plan will restore the mined lands to condition which is readily adaptable for alternative land uses consistent general plan and applicable resource plan, and zoning ordinance.

(7)

That a written response to the state department of conservation has been prepared, describing the disposition of major issues raised by that department. Where the County of Kings position is at variance with the recommendations and objections raised by the state department of conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

(Ord. No. 585, § 2, 4-11-00)