(a)
Applications for surface mines shall be made as part of the application process for a conditional use permit pursuant to the Kings County Zoning Ordinance. All such applications shall include a proposed reclamation plan and a proposed financial assurance plan and shall be made on forms provided by the planning division. Said application shall be filed in accord with this article and procedures for filing a conditional use permit pursuant to the Kings County Zoning Ordinance. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the community development director. As many copies of the conditional use permit application as may be required by the director shall be submitted to the planning division.
(b)
As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for conditional use permits for surface mining operations. For surface mining operations that are exempt from a conditional use permit pursuant to this article, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the planning division at one time.
(c)
Applications shall include all required environmental review forms and information prescribed by the community development director.
(d)
Upon completion of the environmental review procedure and filing of all documents required by the community development director, consideration of the conditional use permit, reclamation plan and financial assurance plan for the proposed or existing surface mine shall be completed pursuant to Article 19 of the Kings County Zoning Ordinance at a public hearing before the planning commission, and pursuant to Section 2774 of the Public Resources Code.
(e)
Within thirty (30) days of acceptance of an application for a conditional use permit for surface mining operations, including a reclamation plan and a financial assurance plan, as complete, the planning division shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning division shall also notify the State Department of Transportation that the application has been received.
(f)
The Planning Division shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the Kings County environmental review guidelines.
(g)
Subsequent to the appropriate environmental review, the Planning Division shall prepare a staff report with recommendations for consideration by the planning commission.
(h)
The planning commission shall hold at least one noticed public hearing on the conditional use permit, reclamation plan and financial assurance plan.
(i)
Prior to final approval of a reclamation plan and the financial assurance plan (as provided in this chapter), or any amendments to an existing reclamation plan or existing financial assurance plan, the planning commission shall certify to the state department of conservation that the reclamation plan and financial assurance plan comply with the applicable requirements of state law, and shall submit the plans and any amendments thereto to the state department of conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance plan before submittal to the state department of conservation. If a conditional use permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the conditional use permit. However, the planning commission may defer action on the conditional use permit until taking final action on the reclamation plan and the financial assurance plan. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the conditional use permit with the condition that the conditional use permit shall not become effective for the mining operations until cost estimates for financial assurances have been reviewed by the state department of conservation and final action has been taken on the reclamation plan and the financial assurance plan.
Pursuant to Section 2774(d) [Public Resources Code], the state department of conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from the state department of conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. In particular, when the planning commission's position is at variance with the recommendations and objections raised in the state's comments, 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 planning commission shall be promptly forwarded to the operator/applicant.
(j)
The planning commission shall then take action to approve, conditionally approve, or deny the conditional use permit, the reclamation plan, and the financial assurance plan pursuant to Section 2770(d) [Public Resources Code].
(k)
The planning division shall forward a copy of each approved conditional use permit for mining operations, approved reclamation plan, and approved financial assurances to the State Department of Conservation. By July 1 of each year, the planning division shall submit to the State Department of Conservation for each active or idle mining operation a copy of the conditional use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.
(Ord. No. 585, § 2, 4-11-00; Ord. No. 585.1, § 3, 7-28-09)