30-9 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Reclamation

The Owner or Operator shall adhere to an approved Operation and Reclamation plan as provided in this Chapter. It is understood that initial or preliminary reclamation plans are subject to revision and specificity as areas are taken out of production and such revisions will be duly considered by the City. In the case of an operation that has a reclamation plan that has already been approved by DOGM, that plan shall be submitted to the City as its reclamation plan. For those operations not subject to the regulations of DOGM, the following requirements shall apply: A. Progressive Reclamation by Phase. The Owner or Operator shall incorporate progressive reclamation, meaning that reclamation will commence and be carried on during excavation operations as specified in the Reclamation Plan. When an area is completed per the Operation and Reclamation Plan or has been left inactive for eighteen (18) months 10 or more per the Operation and Reclamation Plan, subject to the provisions of §30-8(I) above, that area shall be reclaimed. Reclamation shall proceed after completion of a phase, or site if there are no phases, as set forth in the approved Operation and Reclamation Plan. The Applicant shall provide an overall preliminary reclamation plan. Final reclamation plans (at an appropriate scale for adequate review) with the use of maps, imagery, and renderings for each phase or site shall be submitted as such area is taken out of production. B. Backfilling. Where backfilling is required, the excavated area shall be graded and backfilled with uncontaminated materials or topsoil only. This backfill must be of such material as to support vegetation and grass growth. The graded or backfilled area shall not be contoured so that it will collect and permit stagnant water to remain thereon. Peaks and depressions in the excavation area shall be reduced to a surface which will result in level or gently sloping topography in substantial conformity to the land area immediately surrounding and which will minimize the possibility of erosion. C. Final Grading Plan. The Operator/Applicant shall provide a final grading plan, designed by a licensed engineer, surveyor or landscape architect, indicating the areas excavated, existing and design contours, and proposed final grades and elevations. 1. To help control storm water run-off and erosion, to increase potential for vegetation growth, to improve slope stability and lateral support due to potential seismic activity (recognizing that fault lines exist on or near the properties), and to generally improve safety for future residential or commercial structures above and at the base of excavations, all finished slopes (including cuts and fills) shall be graded according to a geotechnical report or engineering study supplied by the Owner/Operator for stability based on the expected subsequent use of the property. Such slope engineering shall be approved by the CDD with the assistance of an engineer if deemed necessary by the CDD based on horizontal to vertical ratios, and may be varied across the site. Such ratios shall not exceed a two to one ratio (2H:1V) in those areas where no future development will occur, except in limited areas as approved by the City based on the engineering study referenced above. For areas expected to be utilized for any future residential, commercial or similar future land use purposes, other than as open space or to satisfy setback or similar requirements, the ratio shall not exceed three to one (3H:1V). 2. For any future development of the property after the cessation of excavation operations and completion of the reclamation process, the owner at the time of the development of the property shall be required to comply with the applicable land use regulations of the City then in effect. D. Grading, Stockpiling, Seeding, Phases, Etc. Excavations shall be planned so as to progressively develop the proposed final land forms by grading and by stockpiling overburdened materials in areas designated for future land forms or in excavations where the material will be spread over the excavation floor where no future excavation is anticipated. Such areas are to be seeded and planted within a reasonable time after grading is completed or within appropriate planting seasons, but in any case, the grading 11 and planting shall be complete within one year. The reclamation plan shall contain a description of the phased reclamation process throughout the anticipated life of the excavation. E. Final Reclamation of Entire Site. Final reclamation shall begin within a reasonable time and be pursued diligently until completed for any site where operations authorized under an Excavation Permit have been completed. The final reclamation shall conform to the approved Operation and Reclamation Plan (including approved modifications) in the Excavation Permit. All reclamation plans shall conform at least to the below listed minimum standards and requirements listed elsewhere in this chapter. The Council may require more stringent standards where special hazards exist in order to protect the health, safety, or general welfare of the public, and to prevent injury to property or improvements: 1. Grading. Slopes, overburdened stockpiles, and abandoned soil piles shall be graded and smoothed so as to control erosion and prevent the creation of potentially dangerous areas in accordance with the direction of the CDD. 2. Water-filled Areas. All excavations which create permanent standing water or ponds shall be filled with uncontaminated materials. This requirement shall not apply, however, to any water filled excavations scheduled to become an integral part of the final reclamation plan. The reclamation of these areas shall be done in such a manner that the groundwater is not polluted. Fill material shall be porous to allow for water dispersion unless otherwise specified in the reclamation plan. 3. Landscaping. Unless inconsistent with the final proposed use of the reclaimed land, the excavated areas and all other disturbed areas shall be replanted and maintained with trees, shrubs, grasses, or other vegetative ground cover, preferably native to the area, in order to minimize erosion and to restore the land to a natural appearance, or to an appearance previously approved by the CDD. 4. Removal of Buildings and Equipment. As soon as excavation has been permanently terminated, all building, including temporary structures (except fences), equipment, rock piles, rubble, or other debris (including electrical conduits) used in the administration of the operations, shall be removed unless deemed necessary to the approved final use of the reclaimed site. 5. Securing of property. The Operator shall secure, in a manner approved by the CDD, any and all areas determined by the CDD to be a dangerous condition and shall provide adequate fencing around the perimeter of the entire property as deemed necessary and appropriate by the CDD. F. Reclamation Verification. After excavation operations have been completed and reclamation of the excavation site has been completed according to the approved Operation and Reclamation Plan, the CDD shall verify that the permit area has been reclaimed in compliance with the requirements of this Chapter and the approved 12 Operation and Reclamation Plan previously submitted and approved under the provisions of this Chapter. 30-9. B. Plans, Drawing, Materials Required. The Application shall also include site plan application fees paid in full, a completed application form as provided by the City, one hard copy and an electronic copy of all items submitted to or required by DOGM for the Notice of Intent Application approval (including surety), or equivalent information if not subject to DOGM oversight. In addition, one hard copy and an electronic copy of the following items demonstrating the then-existing conditions shall also be submitted: 1. A regional vicinity analysis describing other land uses within one thousand feet (1000’) of the site, the possible impacts of the proposed excavation on surrounding land and, if necessary, any proposed measures to mitigate these impacts; 2. A description of the hauling routes anticipated to be employed by the Operator in hauling material from the excavation site to roads maintained by the City or State; 5 3. A description of the visual characteristics, with particular attention given to the potential use of existing natural topography and vegetation, and, if necessary, to shield site operations from nearby properties, roadways, and the general public; 4. The most currently available aerial photograph of the proposed excavation site and adjacent properties; 5. All maps, drawings or cross sections as found in the DOGM application, if applicable; 6. Planned phases of excavation and anticipated amount of material to be removed at each phase, depicted on an appropriate map; 7. Number, type and kinds of machinery and equipment to be used; 8. Operational processes to be used, including crushing, stockpiling, milling, etc.; 9. The water to be used in operations, its source, control and disposal; 10. Electrical power requirements, source and control; 11. Accessory facilities, such as scales and buildings; 12. Sanitary facilities and disposal system; 13. Proposed techniques to be used for control of dust and noise; 14. Storm Water Management Plan (SWPPP). 15. Proposed lighting plan. 16. A proposed Operation and Reclamation Plan. 17. Division of Air Quality Permit. C. Authorization of Permit. All Operation and Reclamation Plans, maps, plans and documents submitted as part of the Application shall be considered part of the final approval and shall be signed and dated by the CDD following approval of an Excavation Permit as set forth below. DOGM requirements, if applicable, are considered a part of City approvals. However, to the extent DOGM requirements are applicable, only DOGM shall have authority to enforce such DOGM requirements. With respect to issues not addressed by DOGM, City provisions shall apply. D. Application Review. 1. Once an Application has been submitted, the CDD shall review the Application. 2. The CDD shall, within thirty (30) days of receipt, make a determination of Application completeness or if further information is necessary for review. a. Incomplete Application. If an Application is determined to be incomplete, the CDD shall provide the Applicant with a listing of all deficiencies in the Application or additional materials needed and the Applicant shall have thirty (30) days to remedy the deficiencies and/or provide additional materials after which the Application shall be considered null and void. The Applicant may appeal a determination by the CDD that an Application is incomplete in accordance with the requirements of section 30-17. b. Complete Application. Once an Application is determined to be complete, the CDD shall post a copy of the Application on the City’s website and send notice of the Application to all property owners located within one thousand feet (1000’) of the property which is the subject of the Application and may distribute copies of the Application and accompanying plans and statements to other interested City or state agencies, service providers, or others as determined by the CDD and shall ask for comments and recommendations. Following adequate time for response from interested parties, which shall not be less than ten (10) days, the CDD shall make a written decision regarding the Application. c. Denial or Conditioned Approval of Application. If an Application is denied by the CDD or if the CDD imposes any conditions on the approval beyond those proposed in the Application, the Applicant may appeal the denial or the imposition of conditions by the CDD in accordance with the requirements of section 30-17. 3. The Owner, the Owner’s authorized representative, or the Operator shall be given an opportunity to meet with the CDD to review the Application. 4. The CDD shall post a copy of the decision regarding an Application on the City’s website and send notice of the decision to all property owners within one thousand feet (1000’) of the property which is the subject of the Application.