Chapter 18.220 SURFACE MINING AND RECLAMATION

The city of Fremont recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The city of Fremont recognizes that the extraction of minerals is essential to the continued economic well-being of the city also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California’s Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§ 2710 et seq.), as amended, hereinafter referred to as “SMARA,” Cal. Pub. Res. Code § 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as “state regulations”) for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Article 8, Subarticle 1, Sections 3500 et seq.), to ensure that:

(a) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

(b) The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

(c) Residual hazards to the public health and safety are eliminated. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat. 1990 Code § 8-21830.10.)

18.220.020 Definitions.

The definitions set forth in this section shall govern the construction of this chapter.

“Area of regional significance” means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

“Area of statewide significance” means an area designated by the board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

“Borrow pits” means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

“Compatible land uses” means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures and land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

“Haul road” means a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

“Idle” means that an operator of a surface mining operation has curtailed the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more, by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.

“Incompatible land uses” means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact-intensive industrial, and commercial.

“Mined lands” means the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

“Minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

“Operator” means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

“Stream bed skimming” means excavation of sand and gravel from streamed deposits above the mean summer water level or stream bottom, whichever is higher.

“Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Ord. 2352 § 7, 9-14-99; Ord. 05-2021 § 53, 4-20-21. 1990 Code § 8-21830.11.)

18.220.030 Incorporation by reference.

The provisions of SMARA (Cal. Pub. Res. Code §§ 2710 et seq.), Cal. Pub. Res. Code § 2207, and state regulations CCR Sections 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail. (Ord. 2352 § 7, 9-14-99. 1990 Code § 8-21830.12.)

18.220.040 Scope.

Except as provided in this chapter, no person shall conduct surface mining operations unless a conditional use permit, reclamation plan, and financial assurances for reclamation have first been approved by the city. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the city, including, but not limited to, the application of CEQA, the requirement of conditional use permits or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the city, public and private.

This chapter shall not apply to the following activities, subject to the above-referenced exceptions:

(a) Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

(b) On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

(1) All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (“CEQA,” Cal. Pub. Res. Code Division 13, Sections 21000 et seq.).

(2) The city approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA.

(3) The approved construction project is consistent with the general plan and zoning of the site.

(4) Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

(5) Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

(A) The plant site is located on lands designated for industrial or commercial uses in the city’s general plan.

(B) The plant site is located on lands zoned industrial or commercial, or is contained within a zoning category intended exclusively for industrial activities by the city’s general plan.

(D) All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on site after January 1, 1976.

(c) Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

(1) The plant site is located on lands designated for industrial or commercial uses in the city’s general plan.

(2) The plant site is located on lands zoned industrial or commercial, or is contained within a zoning category intended exclusively for industrial activities by the city’s general plan.

(3) None of the minerals being processed are being extracted on site.

(4) All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on site after January 1, 1976.

(d) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location and the total surface area disturbed is less than one acre.

(e) Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

(f) Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

(g) The solar evaporation of sea water or bay water for the production of salt and related minerals.

(h) Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

(i) Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the California Department of Forestry and Fire Protection. This exemption does not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat; Ord. 05-2021 § 54, 4-20-21. 1990 Code § 8-21830.13.)

18.220.050 Vested rights.

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he/she shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

All other requirements of state law and this chapter shall apply to vested mining operations. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat. 1990 Code § 8-21830.14.)

18.220.060 Process.

(a) Applications for a conditional use permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning division of the community development department. Said application shall be filed in accord with this chapter and procedures to be established by the community development director. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Cal. Pub. Res. Code §§ 2772 and 2773) 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 community development director shall be submitted to the community development department.

(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 chapter, 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 city at one time.

(c) Applications shall include all required environmental review forms and information prescribed by the community development director.

(d) Within 30 days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the community development department 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 community development department shall also notify the State Department of Transportation that the application has been received.

(e) The community development department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq.) and the city’s environmental review guidelines.

(f) Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendment to a reclamation plan or financial assurances, the community development director or designee shall submit the proposed reclamation plan, financial assurances, or amendment to the State Department of Conservation, pursuant to the procedures set forth in Cal. Pub. Res. Code §§ 2772.1 and 2773.4 and state regulations, as applicable.

(g) The planning commission, or the city council when it is the approving body, shall hold a noticed public hearing and take action to approve, conditionally approve, or deny the conditional use permit, reclamation plan, financial assurances, and/or amendment, pursuant to this chapter, Chapter 18.150 as applicable, and SMARA.

(h) The community development department shall forward a copy of each approved conditional use permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation, and in case of a reclamation plan, a notice of reclamation plan approval shall be recorded pursuant to Cal. Pub. Res. Code § 2772.7. Subsequently, the community development department shall submit all information relating to the mining operation to the State Department of Conservation required by law. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat; Ord. 05-2021 § 55, 4-20-21. 1990 Code § 8-21830.15.)

18.220.070 Standards for reclamation.

(a) All reclamation plans shall comply with the provisions of SMARA (Cal. Pub. Res. Code §§ 2772 and 2773) and state regulations (CCR Sections 3500 through 3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans shall also comply with the requirements for reclamation performance standards (CCR Sections 3700 through 3713).

(b) The city may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of citywide performance standards.

(c) Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (1) the beginning and expected ending dates for each phase; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation. (Ord. 2352 § 7, 9-14-99. 1990 Code § 8-21830.16.)

18.220.080 Statement of responsibility.

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the community development department in the mining operation’s permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the community development department for placement in the permanent record. Within 15 days of the sale or transfer of a surface mining operation, the new operator shall sign a new statement of reclamation responsibility in accordance with this section and Cal. Pub. Res. Code § 2772. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat; Ord. 05-2021 § 56, 4-20-21. 1990 Code § 8-21830.17.)

18.220.090 Findings for approval.

(a) Conditional Use Permits. In addition to any findings required by the Fremont Municipal Code, a conditional use permit for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

(b) Reclamation Plans. For reclamation plans, the following findings shall be required:

(1) That the reclamation plan complies with SMARA (Cal. Pub. Res. Code §§ 2772 and 2773), and any other applicable provisions.

(2) That the reclamation plan complies with applicable requirements of state regulations (CCR Sections 3500 through 3505, and Sections 3700 through 3713).

(3) That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the city’s general plan and any applicable resource plan or element.

(4) That the reclamation plan has been reviewed pursuant to CEQA and the city’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

(5) That 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) That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

(7) That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the city’s position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted. (Ord. 2352 § 7, 9-14-99. 1990 Code § 8-21830.18.)

18.220.100 Financial assurances.

(a) To ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require as a condition of approval security, which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the city and the State Mining and Geology Board as specified in state regulations, and which the city reasonably determines are adequate to perform reclamation in accordance with the surface mining operation’s approved reclamation plan. Financial assurances shall be made payable to the city of Fremont and the State Department of Conservation.

(b) Financial assurances will be required to ensure compliance with elements of the reclamation plan, including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

(c) For new reclamation plan approvals or approval of an amended reclamation plan, cost estimates for the financial assurance shall be submitted to the community development department for review and approval prior to the operator securing financial assurances. The community development director or his or her designee shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of its determination that the cost estimate is complete, it shall be assumed that the cost estimates are adequate, unless the city has reason to determine that additional costs may be incurred. The community development director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

(d) The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the community development director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of 10 percent shall be added to the cost of financial assurances.

(e) In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

(f) The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

(g) The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

(h) Revisions to financial assurances shall be submitted to the community development director within 30 days of an annual inspection being conducted pursuant to Cal. Pub. Res. Code § 2774. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

(i) For annual cost estimate updates, cost estimates for the financial assurance shall be submitted to the community development department within 30 days after the city conducts the annual inspection for review. Within 60 days of receiving the cost estimate, the city shall either deny approval of the cost estimate or submit the cost estimate, together with any documentation received supporting the amount of the cost estimate, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of its determination that the cost estimate is complete, it shall be assumed that the cost estimates are adequate, unless the city has reason to determine that additional costs may be incurred. The community development director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat; Ord. 05-2021 § 57, 4-20-21. 1990 Code § 8-21830.19.)

18.220.110 Interim management plans.

(a) Within 90 days of a surface mining operation becoming idle, the operator shall submit to the community development department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all conditional use permit conditions, and shall provide measures the operator will implement to maintain the site in compliance with SMARA and this chapter. The proposed IMP shall be submitted on forms provided by the community development department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of the California Environmental Quality Act.

(b) Financial assurances for idle operations shall be maintained as though the operation were active.

(c) Within 45 days of the receipt of the interim management plan, the city shall review the interim management plan in accordance with its ordinance adopted pursuant to Pub. Res. Code § 2774(a), and if the IMP satisfies the requirements of this section, forward the plan to the State Department of Conservation for comment. Otherwise, the city shall notify the operator in writing of any deficiencies in IMP. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the lead agency, to submit a revised IMP.

(d) Within 60 days of receipt of the State Department of Conservation’s comment on the proposed IMP, or within 90 days after submitting the IMP to the State Department of Conservation if the State Department of Conservation chooses not to comment, the approving body shall review and approve or deny the IMP in accordance with SMARA and this chapter. If the planning commission, acting as the approving body, denies the revised IMP, the operator may appeal that action to the city council. The city council shall hear the operator’s appeal during a public hearing within 45 days of the operator filing the appeal, unless a longer period of time is mutually agreed upon.

(e) The IMP may remain in effect for a period not to exceed five years, at which time the approving body may renew the IMP for another period not to exceed five years, which may be renewed for one additional five-year renewal period at the expiration of the first five-year renewal period, if the city finds that the surface mining operator has complied fully with the interim management plan, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat; Ord. 05-2021 § 58, 4-20-21. 1990 Code § 8-21830.110.)

18.220.120 Annual report requirements.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the city community development director no later than July 1st for the prior reporting year, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat; Ord. 05-2021 § 59, 4-20-21. 1990 Code § 8-21830.111.)

18.220.130 Inspections.

The community development department shall arrange for inspection of a surface mining operation on the date identified on the annual report required in Section 18.220.120 to determine whether the surface mining operation is in compliance with the approved conditional use permits and/or reclamation plan, approved financial assurances, and state regulations. If the city is not able to conduct the inspection on the identified date, or the operator does not request an inspection date, the city must inspect the surface mining operation on a date set by the city, and provide the operator with a minimum five days’ notice. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the community development director. All lead inspectors must have a certificate of completion of an inspection training workshop on file with the city and the State Department of Conservation. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The community development director shall notify the State Department of Conservation within 90 days of completion of the inspection that said inspection has been conducted using a form approved and provided by the State Mining and Geology Board, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat; Ord. 05-2021 § 60, 4-20-21. 1990 Code § 8-21830.112.)

18.220.140 Violations and penalties.

If the community development director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable conditional use permit, any required permit and/or the reclamation plan, the city shall follow the procedures set forth in Cal. Pub. Res. Code §§ 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the Fremont Municipal Code for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat. 1990 Code § 8-21830.113.)

18.220.150 Appeals.

Any person aggrieved by an act or determination of the community development department in the exercise of the authority granted herein shall have the right to appeal as elsewhere provided in this title. (Ord. 2352 § 7, 9-14-99; amended during 2012 reformat. 1990 Code § 8-21830.114.)

18.220.160 Fees.

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including, but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the city, at the time of filing of the conditional use permit application, reclamation plan application, and at such other times as are determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator. (Ord. 2352 § 7, 9-14-99. 1990 Code § 8-21830.115.)

18.220.170 Mineral resource protection.

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation’s division of mines and geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the city’s general plan.

In accordance with Cal. Pub. Res. Code § 2762, the city’s general plan and resource maps will be prepared to reflect mineral information (classification and/or designation reports) within 12 months of receipt from the State Mining and Geology Board of such information. Land use decisions within the city will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts. (Ord. 2352 § 7, 9-14-99. 1990 Code § 8-21830.116.)

18.220.180 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter. (Ord. 2352 § 8, 9-14-99. 1990 Code § 8-21830.117.)

18.220.190 Effective date.

This chapter shall take effect 30 days following its adoption. (Ord. 2352 § 9, 9-14-99. 1990 Code § 8-21830.118.)