§ 16.12.030. Definitions.  


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  • The definitions of those words found in Section 2710 et seq. of the Public Resources Code and in Section 3501 of Title 14 of the California Code of Regulations are incorporated into this code as though set forth at length herein. In addition, unless the context otherwise requires, the following words shall have the following meanings:

    "Abandon" or "abandonment" means to cease surface mining prior to completion of required reclamation, or to cease surface mining whether or not actual reclamation has commenced, or both. Mere non-use shall not constitute abandonment; provided, however, that non-use for twelve consecutive months or longer shall create a rebuttable presumption of abandonment.

    "Applicant" means any person seeking a permit to conduct surface mining and reclamation, exploration, or prospecting operations in the county.

    "Board of supervisors" means the board of supervisors of the county.

    "CEQA" means the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

    "Collateral bond" means an agreement for a specific maximum sum payable to the county, executed by the permittee, and secured by the deposit with the county of cash, negotiable bonds of the United States or of any state or municipality, negotiable securities, certificates of deposit, or a letter of credit in a form acceptable to the county of any bank organized or authorized to transact business in the United States.

    "County" means the County of Napa.

    "Commercial surface mining" means a surface mining operation that involves the exchange of cash, goods, or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for the materials being mined.

    "Department of Conservation" means the Department of Conservation of the State of California.

    "EIR" means a detailed statement setting forth the environmental effects and considerations pertaining to a project, as specified in Section 21100 of the California Environmental Quality Act, and may mean either a draft or a final EIR.

    "Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to sampling, assaying, drilling, or any surface or underground work needed to determine the type, extent or quantity of mineral present.

    "Idle" means to curtail for a period of one year or more surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production since 1976 with the intent to resume those surface mining operations at a future date.

    "Incompatible land uses" means land uses that are inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping 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 uses. In contrast compatible land uses include, very low-density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing and open space uses.

    "Master mining plan" means a plan for the mining, reclamation, and ultimate use of the mining property. It includes two components; the mining plan, which specifies how the mine will be operated, and the reclamation plan, which specifies how the site will be reclaimed.

    "Mining property" means and includes all property that is physically affected by exploration, development and mining operations, or the construction of facilities necessary and related to such operations.

    "Notice of noncompliance" means that notice sent to the permittee informing him that his/her surface mining operation is not in compliance with the applicable master mining plan.

    "Operator" means any person other than an employee with wages as his/her sole compensation who is engaged in surface mining operations or who contracts with others to conduct operations on his behalf.

    "Owner" means any person who owns or has any interest in real property physically disturbed by a surface mining operation.

    "Permit" means any formal authorization from or approval by the county, the absence of which would preclude surface mining, exploration, or prospecting operations.

    "Permittee" means the owner, the operator, or any duly authorized representative of the owner or operator.

    "Person" means any individual, firm, association, corporation, organization, or partnership; any city, county, or district; or the state of California or any department or agency thereof.

    "Planning commission" means the planning commission of the county.

    "Planning department" means the planning, building and environmental services department of the county.

    "Planning director" means the director of the planning, building and environmental services department of the county.

    "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 create 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.

    "Site" means a lot or parcel of land, a series of lots or parcels of land which are contiguous, or a series of noncontiguous lots or parcels which could become an extension of an existing or proposed excavation.

    "State Board" means the State Mining and Geology Board in the Department of Conservation, State of California.

    "Subsidence" means the lowering of surface elevations over an underground mine caused by loss of support and subsequent caving of strata lying above the mine.

    "Surface Mining and Reclamation Act" means the California Surface Mining and Reclamation Act of 1975 (i.e., Section 2710 et seq. of the State Public Resources Code).

    "Surface mining operations" means all, or any part of, the process involved in the mining of minerals 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, in place distillation or retorting or leaching, the production and disposal of mining waste, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials and the recovery of same.

    "Topsoil" means the upper part of the solid profile that is relatively rich in humus, which in the field of agronomy is known as the A-1 horizon of the soil profile.

    "Zoning administrator" means the zoning administrator of the Napa County.

    (Ord. 1150 § 2 (part), 1998)

(Ord. No. 1379, § 84, 1-29-2013)