§ 18.04.090. Reclamation plans—Minor modifications.

A.

Minor modifications to reclamation plans may be approved by the director of resource management without public notice or consultation with the Department of Conservation. A minor modification to a reclamation plan may be approved only if it meets the following standards:

1.

To allow the minor recontouring of final topography effecting no more than ten percent of the site, provided that slope stability is maintained and substantiated;

2.

To allow minor modification or addition of site access, including new on-site roads and encroachments directly from the site to a public road, but not including new off-site roads;

3.

To allow a minor substitution in the reclamation plan, such as a substitution in the type and/or number of plant species, minor change in topsoil treatment, etc., provided it does not substantially alter the intended end-use described in the approved reclamation plan;

4.

To allow minor technological and/or administrative changes in methods used to achieve reclamation;

5.

To allow measures to be taken which will ensure and/or maintain public safety (e.g. fences, gates, signs, or hazard removal) provided it does not substantially alter the intended end-use described in the approved reclamation plan;

6.

To allow minor modifications to a previously approved phasing plan;

7.

To allow compliance with the requirements of other public agencies, provided the requirements are not inconsistent with the approved reclamation plan;

8.

A minor modification shall not include changing the end use of the land.

B.

Applications for minor modifications shall be made on forms provided by the planning division. The information required for a minor modification shall be listed on a checklist provided by the planning division. Said applications shall be filed with the planning division.

C.

Prior to approval of a minor modification, the director of resource management shall make the following findings:

1.

The minor modification is consistent with the approved reclamation plan and does not represent a significant change to the approved reclamation plan for the subject surface mining operation.

2.

The minor modification is either not a "project", or if a project, is one that is ministerial, presents no possible significant environmental effects, or is statutorily or categorically exempt, pursuant to CEQA.

3.

The minor modification is consistent with the requirements of subsection (A) of this section.

D.

The director of resource management shall approve, conditionally approve, or disapprove an application for a minor modification within forty-five days of accepting the application as complete, and give notice by mail of the decision, including any conditions of approval, to the applicant.

E.

The decision of the director of resource management regarding a minor modification of a reclamation plan shall be appealable to the planning commission within five calendar days of said decision. The decision of the planning commission regarding the appeal shall be appealable to the board of supervisors within five calendar days of said decision.

F.

Within thirty days of final action, the director of resource management shall send a copy of an approved minor modification to the department of conservation.

(Ord. 95-6 § 2 (part), 1995)