Sec. 26A-11-010. - Reclamation plan requirements.

(a)

Requirement for Reclamation of Mining Sites. All areas disturbed by surface mining operations after January 1, 1976 shall require the approval, implementation, and completion of a reclamation plan. New mining permits shall not be approved until a reclamation plan for the mining site has been approved.

(b)

Findings for Reclamation Plan Approval. Before taking action to approve a reclamation plan the decision-making body shall make the following findings:

(1)

The reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

(2)

The reclamation plan complies with applicable requirements of state regulations (CCR Section 3500-3505, and Section 3700-3713);

(3)

The reclamation plan will restore the mined lands consistent with the Sonoma County general plan, aggregate resources management plan, and any other applicable specific plans or resource plans;

(4)

The reclamation plan has been reviewed pursuant to CEQA and the county environmental review guidelines, and all significant adverse impacts from the mining operation and the reclamation activities are mitigated to the maximum extent feasible;

(5)

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)

Where the decision of Sonoma County decision-making body is at variance with the recommendations and objections raised by the State Department of Conservation, findings have been adopted to explain the reasons why specific comments and suggestions were not accepted.

(c)

A reclamation plan shall contain the following:

(1)

The name and address of the operator and the names and addresses of any persons designated by the operator as agents for the service of process, and the names and address of the owners of all surface and mineral interests in the subject property;

(2)

The depth, quantity and type of minerals to be mined;

(3)

The proposed dates for the initiation and termination of such operation;

(4)

A description of the general setting of the area, including a detailed description of the geology, climate, groundwater, drainage, and soil characteristics of the area in which surface mining and/or reclamation is to be conducted;

(5)

The location, size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, the location of all streams, roads, railroads, and utility facilities within, or adjacent to, such lands, the location of all proposed access roads to be constructed in conducting such operation and the location of excavations, mine waste, stockpiling, processing equipment, structures and other appurtenances used in or disturbed by the mining operations;

(6)

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on portions of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

(7)

A description of the proposed use or potential post-mining uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;

(8)

A description of the manner in which reclamation, adequate for the proposed use or potential uses will be accomplished, including a description of the manner in which contaminants will be controlled, and mining waste will be disposed; and a description of the manner in which affected streambed channels and streambanks will be protected and/or rehabilitated to a condition minimizing erosion and sedimentation;

(9)

Maps and/or graphic exhibits of the final grades, revegetation plans, cross sections of the mining site, and/or other reclamation details proposed to be implemented;

(10)

An assessment of the effect of implementation of the reclamation plan on future mining in the area;

(11)

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan;

(12)

Preliminary cost estimates for each phase and task of the reclamation plan consistent with Section 26A-11-050 of this chapter;

(13)

Any other information which the director, planning commission, or board of supervisors may require;

(14)

Proposed criteria for evaluating the compliance or completion of reclamation tasks, such as grading final topography, revegetation, and sediment and erosion control;

(15)

An Interim Management Plan (IMP). As an optional element, if interim idle periods of no mining are anticipated, the reclamation plan may also set forth provisions to be employed during any idle period to assure that the site is maintained in stable condition and in compliance with SMARA.

(d)

Reclamation Plan Standards. Properties used for surface mining operation shall be reclaimed after the operation or an approved phase of the operation has been completed in accordance with the following standards:

(1)

Time Limitation. The initial reclamation tasks shall proceed as soon as practicable and the operator may be required to progressively rehabilitate the site as the excavation operation or approved phase is completed. Reclamation on instream bar skimming sites shall be completed by each mining season on November 1st, except where specific authorization to work beyond this date has been granted by the director in consultation with the CDFG;

(2)

Final Reclaimed Slopes. Final reclaimed slopes, abandoned spoil piles, topsoil or overburden stockpiles, and the entire mining site shall be graded and smoothed as necessary so as to control erosion, prevent the creation of potentially dangerous areas, present a natural appearance, and comply with any minimum or maximum slope standards set forth and required in the reclamation plan approval in order to leave the site in an acceptable condition adaptable to the stated post mining land use;

(3)

Resoiling. Mined slopes shall have soil added where needed to support the approved type of revegetation. Topsoil, overburden, aggregate processing sediment, and other native earth materials from the site and surrounding area shall be used to the maximum extent feasible in this process;

(4)

Revegetation.

(i)

Reclamation of mining sites shall include revegetation of denuded areas in a manner consistent with the intended post-mining use of the site. Revegetation methods shall be appropriate for the topographical, soil, and climatic conditions present at the site and shall incorporate shrubs and trees native to the area. The natural regrowth of riparian vegetation shall be encouraged on disturbed areas adjacent to streams and water bodies.

(ii)

The revegetation standards contained in the 1992 Revegetation Technical Report available at the permit and resource management department will be applied where applicable. Unless site specific vegetation performance standards are established in the reclamation plan approval, revegetation standards shall be considered met once the established plantings have been in place at least five (5) years, are capable of self-regeneration, and have met the quantified measurements for a period of two (2) years without human intervention such as watering, weeding, fertilizing, replanting, etc.;

(5)

Grading, Backfilling and Cleanup. Reclamation plans shall make provisions to ensure that the mining site is left in a final condition after operations are complete, that is:

(i)

Safe with stable waste piles, cut slopes, fill slopes and with the elimination of steep-sided pits and holes,

(ii)

Free of derelict machinery, waste materials, mining waste and scrap,

(iii)

Revegetated where necessary for soil stabilization,

(iv)

Free of drainage problems,

(v)

No toxic substance shall be used as fill material,

(vi)

Coordinated with present and potential future land use, topography and the general environment of surrounding property,

(vii)

The person responsible for reclamation shall practice effective mosquito control measures, and

(viii)

Access routes not intended for public use in the reclamation plan shall be secured so that adjacent property owners are not unnecessarily subjected to trespass or vandalism;

(6)

Drainage, Erosion and Sediment Control.

(i)

Grading plans shall be designed and carried out to minimize erosion, provide for drainage to natural outlets or interior basins designed for water storage, and to eliminate potholes and similar catchments that could serve as breeding areas for mosquitoes, sites of fish entrapment, or threats to public safety.

(ii)

Silt basins which will store water during periods of surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.

(iii)

Sediments accumulated in any detention basin, pond, or other facility shall be periodically removed. Such removal shall take place at least once within fourteen (14) days of and no later than November 1st of each year.

(iv)

Final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations.

(v)

Upon reclamation, no condition shall remain which will or could lead to the degradation of water quality below applicable standards of the regional water quality control board or any other agency with authority over water quality.

(vi)

Measures undertaken for slope protection, erosion and sediment control, shall conform to the requirements of Sections, 26A-09-010 (d), (e) and (g).

(vii)

Overburden, waste mud, silt, and other sediments generated by the mining operation shall be stored in such a manner that allows their recovery for use in reclamation.

(viii)

Levees and other bank protection measures shall conform to the standards of the Sonoma County water agency consistent with the requirements of Section 26A-090-010(g). Plans for the maintenance of such measures or structures shall be included in the reclamation plan;

(7)

Financial Assurances. All mining operators and owners responsible for the reclamation of mined lands shall submit effective financial assurances to the county to ensure the completion of approved reclamation activities as set forth in Section 26A-11-050.

(Ord. No. 5165 § 1, 1999.)

Sec. 26A-11-020. - Reclamation of instream mining sites.

In addition to the standards set forth in Section 26A-11-010, reclamation of instream mining sites shall comply with the following:

(a)

After mining has been completed, all bars shall be revegetated through natural reseeding and regrowth processes with native plants in the area. Reclamation plans for instream operations shall describe where and how plantings using shrubs and trees native to the area will supplement the natural revegetation process along banks, on haul roads, and in processing areas.

(b)

The streambed above the low flow channel shall be graded in such a manner that no pools or depressions exist where fish entrapment might occur. Grading operations shall be completed at the conclusion of each year's extraction.

(c)

Oversize gravel separated during extraction and/or processing operations may be placed in or near the ordinary high water mark of the channel, along the bank, or over the surface of the graded bar to provide additional armoring in a manner to be specified by PRMD in consultation with the CDFG. Particular attention shall be given to areas where access routes traverse the ordinary high water mark.

(d)

Extraction, grading, screening and placement of oversize gravel and all other activities associated with instream mining operations shall be concluded and equipment removed from the mining site no later than November 1 of each year. Stream crossing used in mining operations shall be removed no later than November 1 each year except where earlier start date or end date is acceptable to the CDFG and is specified in the CDFG permit.

(e)

Where processing operations other than the screening of oversize gravel take place within two hundred (200) feet of the banks of any navigable stream as defined by the U. S. Army Corps of Engineers, provisions shall be made in the reclamation plan for visual screening between such operations and the stream channel.

(f)

At the conclusion of skimming activities each season, the affected bars shall be left in a condition free of equipment, stock piles, coarse blade or equipment marks and shall exhibit a slope and elevation which is no less than the approved slopes and minimum baseline elevations approved for the site. Subexcavation below approved slopes or elevations and/or back filling with other material to achieve minimum baseline elevations is prohibited.

(g)

In addition to reclamation activities required to reclaim areas disturbed by the instream surface mining, reclamation plan proposals may be required to include additional public benefit activities, such as, but not limited to, riparian habitat restoration and enhancement, aquatic habitat restoration and enhancement, removal of invasive species, bioengineered bank stabilization measures or protection of public infrastructure: 1) a permit period in excess of 10-years is granted, or 2) departures from ARM standards are granted, or 3) restoration work is to be carried out to mitigate cumulative mining impacts in lieu of payment of mitigation fees required by the Russian River Gravel Mitigation Fund Program. Notwithstanding the above, any bank restoration, stream restoration and enhancement or revegetation tasks included in the site-specific reclamation approvals shall be executed and completed in a manner consistent with the terms and requirements of the approval.

(h)

The director has the authority to modify the standards or conditions of reclamation plans mining methods for the mining operations on the Russian River, reach of Austin Creek and the Gualala River to allow for implementation of adaptive management approach changes in consultation with the resource agencies with the following limitations:

(1)

The change does not expand the area of the project,

(2)

The change does not result in a substantial increase in activities or new activities not previously assessed,

(3)

The change does not intensify or raise new environmental impacts not previously addressed in the environmental review, and

(4)

The change helps ensure that adverse impacts are avoided or minimized and/or assists the operations to better meet any performance criteria or project objective are met during the term of the permit adopted with the approval.

(i)

Other Standards. Notwithstanding the preceding instream reclamation requirements, the standards may be modified or waived by the decision making body for the mining operations on the reach of Russian River, Austin Creek and/or the Gualala River, only where it is demonstrated through supplemental site-specific environmental review that the proposed reclamation methods are the best management approach for the site and that project mitigations and design features will avoid adverse impacts or reduce them to a level of insignificance, while leaving the site suitable for the intended post-mining beneficial uses as allowed by zoning.

(Ord. No. 5909, § X, 12-7-2010; Ord. No. 5796, § 2(b), 9-16-2008; Ord. No. 5511, § 2(b), 9-24-2004; Ord. No. 5165, § 1, 1999.)

Sec. 26A-11-030. - Reclamation of terrace pits.

In addition to the standards set forth in Section 26A-11-010, reclamation of terrace pits shall comply with the following standards:

(a)

Maximum Benefit. Reclamation plans submitted to the county shall provide the maximum public benefit consistent with the approved post-mining use and the highest feasible level of production, value, or effectiveness relative to the proposed post-mining land use;

(b)

Revision of Infeasible Plans. Where an approved reclamation plan is found to be infeasible by the county, a revised plan must be approved before any mining resumes on the site, and the originally approved financial assurances shall be maintained until the revised reclamation plan and new financial assurances are submitted and accepted;

(c)

The operator shall submit an annual progress report on all activities related to the implementation of the reclamation plan. The progress report shall be due at the same time as the annual production reports required in Section 26A-09-010(h);

(d)

Filling of Pits. Where a terrace pit is to be reclaimed to a land-based use, i.e., agriculture, by refilling a pit with processing sediments or fill from off-site sources, the following standards shall apply:

(1)

The fill material shall not result in contamination of the groundwater based on federal and state drinking water quality standards,

(2)

The fill operation shall be approved by the RWQCB,

(3)

Environmental review shall be conducted of the removal, transport, storage, and deposition of off-site earth materials used for refill,

(4)

No significant impact will occur to the levels of nearby groundwater and wells based upon use of the MODFLOW computer model or similar model of equal or better analytical capability,

(5)

Ponding of surface water shall not occur after periods of flooding,

For purposes of the above, minor filling of pits in order to provide shoals, marsh, and flat wooded thickets for habitat purposes, as required elsewhere in this chapter, shall not be subject to subsections (d)(4) and (d)(5) of this section.

(e)

Unfilled Pits. Unless the approved post-mining use provides otherwise, reclamation of the any terrace pit which does not call for refilling the pit but will leave the pit as an open water body, the following standards shall apply:

(1)

The potential for levee failure and/or diversion of the river channel into the pit shall be minimized,

(2)

No pollution or contamination of groundwater quality shall occur based upon federal and State drinking water standards,

(3)

No significant impact shall occur to the levels of nearby groundwater and wells based upon use of the MODFLOW computer model or similar model of equal or better analytical capability,

(4)

Sedimentation from erosion of adjacent slopes shall be minimized,

(5)

Human uses of a reclaimed pit shall be minimized in and adjacent to wildlife areas such as marsh and riparian habitat,

(6)

Pit slopes below the water level shall be no steeper than one (1) horizontal to one (1) vertical,

(7)

Dikes, levees, ditches, sediment basins, or other earth structures shall be graded such that side slopes are no steeper than two (2) horizontal to one (1) vertical,

(8)

Mapping and Profiling of Pits. Terrace operations shall provide to the county topographic mapping of, and profiles through, the bottom topography of terrace pits in the manner and frequency specified in the ARM plan or by site-specific conditions of approval and/or fund the collection and analysis of such data through the Russian River monitoring program;

(f)

Post-Mining Land Uses. Reclamation plans shall seek to restore the pre-mining use of the land on the terrace mined site. However, terrace mined sites may be reclaimed to alternate land uses which provide a public benefit including, but not limited to: wildlife habitat, agriculture, recreation, public water supply, aquaculture, and wastewater storage;

(g)

Completion. Reclamation plans for terrace mining sites shall be designed to complete reclamation activities concurrently with the mining activities to the maximum extent feasible. Grading of final slopes and placement of soil shall take place at the end of the mining season in areas where mining is complete. Planting of vegetation and other activities in the approved reclamation plan shall be completed within one (1) year of the cessation of mining;

(h)

Wildlife Habitat. Where reclamation to wildlife habitat is proposed, the reclamation plan shall set forth the specific types of habitat, describe how revegetation will take place, and present the other methods that will be utilized to enhance terrestrial and aquatic habitat. The margins and slopes of the pit shall be graded and contoured pursuant to the following standards unless the habitat restoration plan presents evidence that a different configuration is needed to achieve a desired habitat condition and the change is approved by the county following consultation with CDFG or unless it is not feasible to grade an existing pit in the required manner.

(1)

Areas above groundwater should be graded to a slope of no steeper than three (3) horizontal to one (1) vertical except that areas along the margin of the pit equivalent to at least ten percent (10%) of the open water area should be graded flat to allow cottonwood and willow thickets to form on the land and/or freshwater marsh to form in the water. These zones should be from five feet (5′) below to five feet (5′) above early spring water level and should occupy all corners and coves of the water surface.

(2)

An additional area offshore equivalent to at least ten percent (10%) of the open water area should be five (5′) to fifteen feet (15′) below early spring water level and have some surface irregularity and changes in depth. Gravel shoals should be developed in these areas to create additional fish spawning habitat. The flat marsh/wooded thicket areas along the pit margin should drop abruptly to a depth of five feet (5′) or more. Along other portions of the pit margin not adjacent to marsh and thicket areas, the underwater surface shall drop to five feet (5′) or more within fifteen feet (15′) of the shore. The aquatic environment shall provide proper food, cover, temperature, oxygen and other conditions for successful fishery habitat.

(3)

All plantings of shrubs and trees should consist of native stock derived from areas along the Russian River in Sonoma County, preferably from within five (5) miles of the area to be reclaimed. Reclamation plans shall specify the native species to be used in the restoration plan. The revegetation program shall account for the fluctuation of the groundwater table in the grading of the site and the selection and location of plant materials. The revegetation performance standards shall be considered met once the established plantings have been in place at least five (5) years and are capable of self regeneration and have met the quantified measurements for a period of two (2) years without human intervention such as watering, weeding, fertilizing, replanting, etc.

(4)

All grading and site preparation shall be timed to allow revegetation to be completed during the optimal planting season. The habitat restoration plan shall contain specific measures to incorporate the available topsoil from the site into the design as needed for vegetation survival. All slopes, benches, and berms shall be graded to the final slopes set forth in the habitat restoration plan with no more than one (1) foot variation in relief. Slopes below the water level will meet the minimum standards set forth in the State Reclamation Guidelines.

(5)

The habitat restoration plan shall contain provisions to control erosion of slopes and sedimentation of the pit. It shall address how drainage from adjacent areas will be controlled and how all slopes will be benched, terraced, or otherwise protected. There shall be no gully wash or rill erosion allowed on graded slopes. All planting areas previously packed down by mining equipment or vehicles shall be ripped and scarified prior to resoiling or replanting;

(i)

Agricultural Uses. Where terrace mining sites are to be reclaimed to agriculture, top soil removed during excavation shall be saved and stockpiled for redistribution over the proposed crop areas in a manner which seeks to enhance crop productivity. The reclamation plan shall consider factors affecting the viability of agricultural operations such as: climatic conditions, water supply, site drainage, ground water elevations, soil type, and specific crop requirements. Each reclamation plan proposing agricultural reclamation shall include a business plan and analysis of economic feasibility, which contains the criteria for determining the successful completion of the reclamation effort. Determinations regarding final reclamation shall be dependent upon the written approval of the Sonoma County agricultural commissioner;

(j)

Recreation Facilities. Where terrace pits cannot be reclaimed to the pre-mining use, reclamation to a condition adaptable to recreational uses shall be considered a viable alternative land use where the proposed recreational uses are either permitted by the area zoning or are otherwise determined to be feasible and desirable by the Sonoma County regional parks department. Where recreation is proposed as a post-mining land use, the operator shall enter in a memorandum of understanding and/or written agreement with the county setting forth the responsibilities of each party. The director's determination regarding the completion of the reclamation plan shall be dependent upon the written approval of the Sonoma County regional parks department;

(k)

Water Supply. Reclamation plans must consider and avoid impacts on wells in the area by adhering to the groundwater protection standards set forth in Section 7.6.2 of the ARM plan related to maximum pit area, the minimum pit separation, and the maximum allowable change in groundwater elevations as determined using the MODFLOW computer simulation analysis. If additional mitigation is required, an additional setback between the pit and the wells or transfer of ownership or control of the pit to the owner of the wells after mining may be required. Impacts on groundwater and/or agriculture may be partially offset by providing an additional water source or storage reservoir for nearby users and water systems and/or transfer the post-mining ownership of the site to the owners of those properties or to an irrigation district or other independent entity. Before the approval of any terrace reclamation plan which proposes such a transfer of ownership or any off-site use of the water in the pit by parties other than the mining operator and site owner, all affected parties must agree in writing to the legal arrangements and water quality protection proposed in the reclamation plan;

(l)

Aquaculture. Reclamation to aquaculture shall only be permitted where it is:

(1)

Consistent with ARM plan policies,

(2)

Compatible with the surrounding reclaimed and existing land uses, and

(3)

Clearly demonstrated to be technically and economically feasible. Project design shall control surface drainage and groundwater flow into and out of the pits, including flood overflow from the river, to protect the aquaculture operation, water quality, natural existing fisheries, and adjacent properties. The reclamation plan must include a complete description of the related processing, storage, transportation, and other land-based features of the aquaculture operation and any nonaquacultural uses proposed. Reclamation will be deemed completed when the aquaculture operation has been fully operational for two (2) years;

(m)

Wastewater Storage. Reclaimed terrace mining sites may not be used for storage or disposal of effluent from public sewage treatment systems unless the board of supervisors finds that it is an existing condition recognized by the ARM plan, or that the proposed wastewater storage is the environmentally superior alternative being considered, will meet applicable water quality standards enforced by the Regional Water Quality Control Board, and will avoid significant impacts on nearby groundwater and surface water.

(Ord. No. 5165 § 1, 1999.)

Sec. 26A-11-040. - Reclamation of quarries.

In addition to the standards set forth in Section 26A-11-010, reclamation of quarries shall comply with the following standards:

(a)

Post-Mining Uses. Post-mining uses of quarry sites shall be consistent with the zoning and the general plan designation applied to the site. A use permit and reclamation plan may allow importation, processing, recycling, and sale of aggregate materials to continue as post-mining land uses. However, where the quarry site is located on lands under Williamson Act contract and the Williamson Act allows the quarry, the reclamation plan must provide for reclamation of the site to agricultural use;

(b)

Slopes. The grades of final reclaimed slopes shall be no steeper than one and one-half (1 ½) horizontal to one (1) vertical unless a steeper angle of repose is recommended as safe and self-supporting by a registered geotechnical engineer or civil engineer qualified in the field of soils engineering and soil mechanics. When benched slopes are proposed, the entire slope shall be no steeper than one and one-half (1 ½) horizontal to one (1) vertical from the top of the cut to the base of the slope and no bench shall be greater in width than one-half (½) of the bench interval. Where slopes are formed by fill, the maximum slope shall not exceed 2:1 ratio unless an engineering analysis indicates that a steeper slope would be stable.

A geotechnical analysis by a certified engineering geologist or registered geotechnical engineer, based on the requirements set forth in the State Reclamation Guidelines, is required to demonstrate the long-term stability of all final slopes and the slope configuration needed to ensure the safety and revegetation appropriate to the end use of the mined land. As the slopes are cut, periodic inspections shall be undertaken to observe the rock material exposed and adjust the final reclamation contours as needed;

(c)

Revegetation. Quarry sites shall be reclaimed and revegetated with planting grass mixtures approved by the Soil Conservation Service and with shrubs and trees native to the area. Mining activities shall be planned so that reclamation is an ongoing activity, thus shortening the duration of habitat loss. Slopes and benches shall be regraded and have soil added as necessary to the surface to restore pre-existing conditions as much as possible.

(Ord. No. 5165 § 1, 1999.)

Sec. 26A-11-050. - Financial assurance requirements.

(a)

In order to assure the county that each mining site for which a reclamation plan has been approved will actually be reclaimed in substantial accordance with the county approved reclamation plan, each operator must submit a financial assurance to the county in the manner and form set forth in this section. Financial assurances shall be made payable to: "the County of Sonoma, or the California Department of Conservation." The mine operator shall maintain the financial assurance throughout the life of the mining operation, idle periods, and extended monitoring periods until the reclamation is determined to be complete by the permit and resource management department. The operator shall submit proof of a new, renewed, or existing financial assurance to the county PRMD and the State Department of Conservation annually;

(b)

Upon applying for reclamation plan approval, the applicant shall submit a preliminary cost estimate of the proposed reclamation costs to PRMD which may be used to establish the amount of the required financial assurance. The PRMD shall forward a copy of the cost estimate and documentation to the Department of Conservation for a forty-five (45) day review and comment period to review the adequacy of the financial assurance amount. If the amount is found to be inadequate, the state shall identify the deficiencies in writing to the applicant, and the county. If the amount is found to be adequate, the county shall consider the above estimate, and set forth the amount of the financial assurance to be required in the conditions of approval for the reclamation plan. The operator shall not commence mining until such time that a financial assurance mechanism is submitted to, and has been approved in writing by the director;

(c)

The cost estimate may be prepared by the mine operator, a licensed engineer, or other professional experienced in the reclamation of mined lands. The cost estimate shall itemize all of the various physical tasks or activities required to implement the reclamation plan and indicate the projected costs the county would incur if it were to carry out the work via a third party contract. The estimate shall describe the tasks in commonly accepted units and indicate the cost-per-unit used to arrive at the total cost. The estimate shall include the costs associated with equipment use, labor, and materials. The cost of wages shall be based on prevailing wage rate provided by the California Department of Industrial Relations. The estimate shall also include an amount to cover contingency costs ten percent (10%) and administrative costs;

(d)

The amount of the financial assurance shall be reviewed annually by the director and, if necessary, may be adjusted to reflect changes in:

(1)

The cost of reclamation (as reflected in the Construction Cost Index or other generally used indices),

(2)

Lands reclaimed in the previous year, or

(3)

New lands to be disturbed in the next year.

Adjustments or changes in the financial assurance must be reviewed and approved by the State in the same manner as new financial assurances. Financial assurances shall be released or redeemed as set forth by SMARA;

(e)

In order to comply with the financial assurance requirements set forth in this section, an operator may choose one of the following types of mechanisms or instruments:

(1)

Certificates of deposit,

(2)

Surety bonds,

(3)

Irrevocable letters of credit,

(4)

Trust funds,

(5)

Other financial assurance mechanisms specified by the State Mining and Geology Board;

(f)

The term of the financial assurance may be for the life of the mining operation or a shorter period of time which is renewed as needed, provided that the time period is not less than one year. All financial assurance mechanisms shall provide one hundred twenty (120) days notice to the director and the Department of Conservation prior to cancellation;

(g)

After notice and hearing conducted in accordance with applicable law, the county or the Department of Conservation may pursue redemption of the financial assurance moneys if:

(1)

The final reclamation does not meet the performance standards,

(2)

Satisfactory progress is not made towards completing the reclamation in a timely manner, or

(3)

The applicant is financially incapable of carrying out the reclamation.

(Ord. No. 5165 § 1, 1999.)

Sec. 26A-11-060. - Interim management plans.

(a)

Intermittent Operation. Whenever surface mining operations are conducted on an intermittent basis, with one (1) or more years between operating periods, the operator shall submit an interim management plan (IMP) for review and approval by the director and shall implement the interim management measures set forth in the IMP during the period the mine is inactive. The IMP shall set forth interim management measures to be carried out to assure compliance with all permit and site conditions and maintain the site in a stable condition, taking into consideration public health and safety, the protection of adjacent properties, and environmental resources.

(b)

Operations with an IMP. If an operation subject to intermittent shut-downs of one year or more has an interim management plan (IMP) approved for the site, the operator shall notify the director of his intention to close down operations at least thirty (30) days prior to such action. The director shall inspect the site to verify compliance with the requirements of the IMP and require the operator to take any appropriate actions to assure compliance. Operators shall also notify the director at least thirty (30) days before starting up inoperative mining operations to determine if all requirements for permit commencement are satisfied.

(1)

During the period of inactivity, operator shall continue to be responsible for annual reports, financial assurances, and site specific monitoring and administration costs as though the operation were active unless otherwise modified through the idle mine's IMP. Reclamation need not be commenced during the time that the operation is in idle status as long as the IMP is being implemented. The county shall continue to conduct annual inspections at idle mines.

(2)

The IMP may remain in effect for a period not to exceed five years, at which time the director may administratively renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

(c)

Operations without an IMP: Where an interim management plan (IMP) has not previously been approved for a mining site, the operator shall submit to the director a proposed interim management plan (IMP) within ninety (90) days of a surface mining operation becoming idle. The proposed IMP shall fully comply with the requirements of SMARA, and shall be administratively processed and approved by the director as an amendment to the reclamation plan. IMP's shall not be considered a project for the purposes of environmental review under the California Environmental Quality Act.

(1)

Upon receipt of a complete proposed IMP, the director shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least thirty (30) days prior to approval by the director.

(2)

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the director and the operator, the director shall review and approve, conditionally approve, or deny the proposed IMP in accordance with this chapter. If denied, The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the director, to submit a revised IMP. The director shall approve or deny the revised IMP within sixty (60) days of receipt. If the IMP is still denied, the operator may appeal that action to the planning commission, pursuant to Section 26A-07-020 (b) of this chapter.

(Ord. No. 5165 § 1, 1999.)