COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

March 6, 2002

Set Time:

9:00 a.m.

Hearing Date:

March 19, 2002

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services

Subject:

Consideration of the Coastal Commission's requested modifications to the County's Surface Mining and Reclamation Ordinance to ensure compliance with the Coastal Act.

RECOMMENDATION

1.

Accept, by resolution, the modifications requested by the Coastal Commission (Attachment 1).

2.

Adopt, by ordinance, amendments to the Surface Mining and Reclamation Ordinance to require the issuance of a Coastal Development Permit for mining activities in the Coastal Zone (Attachment 2).

BACKGROUND AND DESCRIPTION

On February 9, 1999, your Board adopted revisions to the County's Surface Mining and Reclamation Ordinance. These revisions were necessary to bring the County's regulations into conformance with the State's current Surface Mining and Reclamation Act requirements.

On October 11, 2001, the Coastal Commission certified the amendments subject to several modifications that clarify the requirement for a Coastal Development Permit for surface mining and reclamation activities in the Coastal Zone.

The Commission's requested modifications are shown BOLD in Sections 7702.0, 7702.3 and 7702.5 of the attached Surface Mining and Reclamation Ordinance (attachment B).

In summary, the Coastal Commission has requested that language be added which:

1.

Clarifies the requirement for a Coastal Development Permit for mining and reclamation activities in the Coastal Zone.

2.

Includes the Coastal Act's definition of "development" under the definitions section of the Ordinance.

3.

Clarifies the status of vested right determinations for purposes of Coastal Development Permits.

Staff recommends that your Board accept these modifications as they help clarify the role of the LCP with regards to surface mining activities in the Coastal Zone. The surface mining and reclamation amendments will take effect thirty days after your Board approves this request.

VISION ALIGNMENT

The approval of this revised Surface Mining and Reclamation Ordinance achieves goal number 14, which states: "Important natural resources are preserved and enhanced through environmental stewardship." The purpose and intent of this ordinance is to ensure the continued availability of important mineral resources, while regulating surface mining operations 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.

REVIEWING AGENCIES

The County Counsel's Office has reviewed the requested changes and found them legally acceptable.

ATTACHMENTS

A.

Resolution

B.

Amended Surface Mining and Reclamation Ordinance