§ 8.40.040. Permit and reclamation plan required.

A.

Requirements Generally.

1.

Any person who proposes to engage in surface mining operations as defined in this chapter, shall, prior to the commencement of such operations, obtain (1) a permit to mine, and (2) approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. An application fee as set forth in the town council adopted town of Paradise master fee schedule shall be paid to the town at the time of filing an application for a permit to mine or a reclamation plan with the community development department.

2.

For existing operating mines, a reclamation plan shall be filed by May 1, 1978, for planning commission review and approval. The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations in those portions of the site mined after January 1, 1976. A fee as set forth in the town council adopted town of Paradise master fee schedule shall be paid to the town at the time of filing the reclamation plan with the community development department.

3.

All applications for a reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the community development department, and as provided for by Section 2772 of the California Surface Mining and Reclamation Act of 1975.

B.

Vested Rights as of 1976.

1.

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues; provided, that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights, if, prior to January 1, 1976, he has, in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the issuance of a permit shall not be deemed liabilities for work or materials.

2.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the planning commission by May 1, 1978, a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the county of Butte prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976.

C.

Notice to State. The State Geologist shall be notified of the filing of all permit applications.

D.

Review of Provisions. This chapter shall be reviewed annually and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation and to encourage the mining industry of the town. (Ord. 216 §10, 1992: Ord. 75 §1(L) (part), 1982; Ord. 16 §§1(G)(part), 2(B)(part), 1980: county code §13-104)