§ 18.04.110. Interim management plans.

A.

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the county for review and approval, an interim management plan. The review and approval of an interim management plan shall not be considered a project for purposes of CEQA. The approved interim management plan shall be considered an amendment to the surface mining opera-tion's approved reclamation plan. The interim management plan shall provide measures the operator will implement to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions. (PRC Section 2770(h)(1))

B.

An application for an interim management plan shall be submitted to the planning division on the forms provided and shall contain all of the information listed on the completeness checklist provided by the planning division.

C.

Prior to county approval, interim management plans shall be submitted for review by the Department of Conservation pursuant to Section 18.04.130 of this chapter. (Authority PRC Section 2774(c) through (e))

D.

The director of resource management may approve an interim management plan without a public notice or public hearing if the director of resource management determines that the interim management plan does not require significant changes to the reclamation plan. The decision of the director of resource management shall be appealable to the planning commission within five calendar days of the decision. The decision of the planning commission shall be appealable to the board of supervisors within five calendar days of the decision.

E.

The interim management plan may remain in effect for a period not to exceed five years, at which time the county shall do one of the following:

1.

Renew the interim management plan for another period not to exceed five years, if the county finds that the surface mining operator has complied fully with the interim management plan;

2.

Require the surface mining operator to commence reclamation in accordance with its approved reclamation plan. (PRC Section 2770(h)(2))

F.

The financial assurances shall remain in effect during the period that the surface mining operation is idle. If the surface mining operation is still idle after the expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan. (PRC Section 2770(h)(3))

G.

Within sixty days of the receipt of the interim management plan, or a longer period mutually agreed upon by the county and the operator, the county shall review and approve the plan, so long as the plan satisfies the requirements of this section, and so notify the operator in writing. Otherwise, the county shall notify the operator in writing of any deficiencies in the plan. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the county, to submit a revised plan. (PRC Section 2770(h)(4))

H.

The county shall approve or deny approval of the revised interim management plan within sixty days of receipt. If the county denies approval of the revised interim management plan, the operator may appeal that action to the planning commission, which shall schedule a public hearing within forty-five days of the filing of the appeal, or any longer period mutually agreed upon by the operator and the planning commission. (PRC Section 2770 (h)(5)) The action of the planning commission may be appealed to the board of supervisors within ten days of said action.

I.

Unless review of an interim management plan is pending before the county, or an appeal is pending before the planning commission or the board of supervisors, a surface mining operation which remains idle for over one year after becoming idle as defined in PRC Section 2727.1 without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan. (PRC Section 2770(h)(6))

J.

Any enforcement action which may be brought against a person for operating without an approved reclamation plan, financial assurance, or interim management plan, shall be held in abeyance pending review pursuant to PRC Section 2770 subdivision (b), (c), (d) or (h) or the resolution of an appeal filed with the State Mining and Geology Board pursuant to subdivision (e), or with the planning commission pursuant to subdivision (h). (PRC Section 2770 (h)(1) through (6)) The action of the planning commission may be appealed to the board of supervisors within ten days of said action.

(Ord. 95-6 § 2 (part), 1995)