§ 8107-9.6.9. Reclamation plan.

No mining permit shall be approved without an approved reclamation plan, unless it is exempted from said reclamation plan by the State Department of Conservation. Where reclamation plans are not processed concurrently with a discretionary land use entitlement, at least one noticed public hearing on the reclamation plan must be held prior to its approval. Such reclamation plans are subject to all rights of appeal associated with permit approval. All reclamation plans must be found to be consistent with and approved in accordance with: the Ventura County Zoning Ordinance, as amended; the provisions of SMARA (Public Resource Code (PRC) § 2710 et seq.), PRC Section 2207, and State regulation Title 14 California Code of Regulations (CCR) § 3500 et seq., as amended; the regulations, guidelines and other measures adopted by the State Mining and Geology Board; Ventura County Public Works Agency standards; any and all locally adopted resource management goals and policies; and compatible with the existing geological and topographical features of the area. Additional considerations, such as the following, shall also be addressed in the reclamation plan and permit:

(Am. Ord. 4092—6/27/95)

a.

The creation of safe, stable slopes and the prevention of subsidence;

b.

Control of water runoff and erosion;

c.

Views of the site from surrounding areas;

d.

Availability of backfill material;

e.

Proposed subsequent use of the land which will be consistent with the General Plan and existing and proposed uses in the general area;

f.

Removal or reuse of all structures and equipment;

g.

The time frame for completing the reclamation;

h.

The costs of reclamation if the County will need to contract to have it performed;

i.

Revegetation of the site;

j.

Phased reclamation of the project area;

k.

Provisions of an appropriate financial assurance mechanism to ensure complete implementation of the approved reclamation plan.

(Add Ord. 4092—6/27/95)

Upon receipt of a complete reclamation plan, the Planning Director shall forward the plan to the State Department of Conservation for review. Following review by the State, the reclamation plan may be approved by the County in accordance with the requirements of SMARA, as amended. Termination of the use or revocation of the use permit does not absolve the responsible parties for the reclamation of the site pursuant to the adopted reclamation plan and/or SMARA requirements. Failure to reclaim mined lands constitutes a violation of this Chapter and the property owner is ultimately responsible for such reclamation.

(Add Ord. 4092—6/27/95)