§ 130.29

The regulations in this Chapter shall be combined with those of the base zone and shall apply to all public and private lands within the County designated as the Mineral Resource (-MR) Combining Zone on the zoning maps. All uses and development standards of the base zone shall apply in the combining zone except when they are incompatible with or modified by the uses and development standards set forth in this Chapter. Removing the (-MR) Combining Zone from the base zone shall be considered by the County only when specific studies similar in nature to State Classification Reports prove that a significant mineral deposit no longer exists (General Plan Policy 7.2.3.12: Environmental/Land Use Compatibility).

The following activities are exempt from the requirements of this Chapter:

A.

Agricultural grading permit issued by the Agriculture Department.

B.

On-site and-off site excavation and grading activities under an approved grading permit or that are exempt from the requirement for a grading permit. These exempt activities may include processing of materials generated by the grading operation, including rock crushing, stockpiling, aggregate washing, screening and drying.

C.

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

1.

The plant site is located on lands designated Industrial or Commercial in the General Plan.

2.

The plant site is located on lands zoned for industrial or commercial use, or on land subject to an active Conditional Use Permit for mineral processing.

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.

Emergency excavations or grading conducted by the State 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.

E.

Excavations or grading for the exclusive purpose of obtaining materials for road construction and maintenance for timber or forest operations with an approved timber harvest plan, if:

1.

The land is owned by the same person or entity; and

2.

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. Upon closure of the site, the person closing the site shall implement necessary revegetation measures and post-closure uses in consultation with the State 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 within 75 feet of a Class Two watercourse, or to excavations for materials that are or have been sold for commercial purposes.

F.

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:

1.

The operations are consistent with the General Plan and zone requirements of the site;

2.

The operations are being conducted in accordance with the California Public Resources Code Division 3, Section 3000 et seq.;

3.

The earthmoving activities are within oil or gas field properties under a common owner or operator; and

4.

No excavated materials are sold for commercial purposes.

G.

Recreational mining or prospecting, as defined in Article 8 (Glossary: See "Mining") of this Title.

Sec. 130.29.050 - General Requirements.

A.

Reclamation Plan and Financial Assurances. All mining operations, as defined in Article 8 (Glossary: See "Mining") of this Title, whether existing or proposed after the effective date of this ordinance, shall be subject to the provisions of this Title, along with the California Surface Mining and Reclamation Act of 1975 [California Public Resources Code Section 2710 et seq., as amended, (hereinafter referred to as "SMARA")], California Public Resources Code Section 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, Title 14, Division 2, Section 8, Subsection 1, Section 3500 et seq.).

B.

Statute Incorporation by Reference. The provisions of SMARA, California Public Resources Code Section 2207, and State regulations, as 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. When the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.

C.

Vested Rights. No person who has established a vested right to conduct surface mining operations as a nonconforming use in conformance with State regulations 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, applicable State law, and this Chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, said person shall obtain County approval of a reclamation plan and financial assurances 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 January 1, 1976. All other requirements of State law and this Subsection shall apply to vested mining operations.

(Setbacks and relief provisions have been moved to Chapter 130.30 (Setback Requirements and Exceptions), Subsection 130.30.030.F (Special Setbacks for Mineral Resource Protection) in Article 3 (Site Planning and Project Design Standards) of this Title.

The information required under this Section for lands within the -MR Combining Zone shall be forwarded to the State Geologist in compliance with SMARA Sections 2762-2763. The subdivision of lands within or adjacent to the -MR Combining Zone into lots less than 20 acres shall be prohibited, except when the following occurs:

A.

The applicant has submitted to the County an evaluation of the area in order to ascertain the significance of the mineral resources located on the subject property;

B.

The review authority finds that the proposed subdivision will not threaten the potential to extract minerals in the area; and

C.

The review authority shall specifically state the reasons for permitting the proposed subdivision, and how it will not adversely affect the ability to utilize the resource, including its effect on the regional market for the mineral resource.

Sec. 130.29.070 - Mineral Exploration.

A.

Exploration for economic mineral or ore deposits shall be allowed in compliance with Chapter 110.14 (Grading, Erosion, and Sediment Control) of Title 110 (Buildings and Construction) in the County Code of Ordinances when applicable and the permit requirements in Table 130.29.070.1 (Mineral Exploration and Mining) below in this Section, subject to the levels of disturbance in Subsection B below in this Section.

Table 130.29.070.1—Mineral Exploration and Mining

B.

For the purpose of this Chapter, the levels of disturbance for mineral exploration are defined as follows:

1.

Level A.

a.

Methods of geological survey, geophysical, or geochemical prospecting are used;

b.

Bore holes and trial pits not exceeding 100 cubic yards of overburden or other mineral disturbance may be created; and

c.

No explosives shall be used, and no drifting, tunneling, de-watering, or water discharge shall be allowed.

2.

Level B.

a.

One thousand cubic yards or less of overburden or mineral deposits are disturbed;

b.

The operation disturbs one acre or less in any one location; and

c.

No de-watering will occur and water will not be discharged from the site as a result of the operation.

3.

Level C.

a.

More than 1,000 cubic yards of overburden or mineral deposits are disturbed;

b.

The operation disturbs more than one acre in any one location; or

c.

De-watering will occur or water will be discharged from the site as a result of the operation.

C.

Level C operations are considered mining under criteria (3.a) and (3.b) above, and shall be subject to the approval of a reclamation plan under the requirements of Section 130.29.090 (Mining and Reclamation) below in this Chapter and SMARA, as well as buffer requirements in compliance with Section 130.29.080 (Measure A Initiative Ordinance) below in this Chapter.

Sec. 130.29.080 - Measure A Initiative Ordinance.

A.

Policy. It is the policy of the County that use conflicts between rural and rural residential uses and mining uses must be minimized by the creation of adequate buffer zones between such potentially conflicting uses. Furthermore, it is essential to the County to preserve the rural residential and residential character of the County and that mining and exploration for mining be allowed to proceed only with adequate buffering between mining and residential uses. It is a further policy of the County that managing these conflicting uses will aid in deterring adverse environmental impacts, including, but not limited to, wildlife, groundwater, flora, fauna, traffic, dust, air quality, and adverse impacts on public health, safety, and welfare and will result in mutual benefit to both future mining and residential uses.

B.

Implementation. In addition to any other requirements set forth in any applicable zone, all projects for any kind of open pit mining or strip mining for purposes of exploration or extraction which require the removal of overburden in a total amount of more than 1,000 cubic yards on any lot shall require issuance of a Conditional Use Permit. However, prior to issuing the Conditional Use Permit, in addition to any other necessary findings, the review authority shall make the finding that all boundaries of the proposed project for open pit mining or strip mining shall be greater than a linear distance of 10,000 feet from any existing residential, hospital, church, or school use, including, but not limited to, nursery or day care uses or any residential, hospital, church or school use as designated in the General Plan or any community or specific plan, or as allowed by this Title. This finding shall not apply to a detached, single-unit residential dwelling located on the lot for which the Conditional Use Permit is sought.

C.

Exception. An exception to this Section shall be granted only under limited circumstances after a public hearing properly noticed to all land owners within 10,000 feet of the proposed project boundaries and upon findings by the review authority on the basis of substantial evidence in the record that: (1) the proposed project will not have any adverse impact on the environment or upon public health, safety, and/or welfare; and that (2) the project will not discourage residential use so designated in the General Plan or any community or specific plan or as allowed by this Title within 10,000 feet of the project boundaries.

D.

Incorporation of These Policies into the General Plan Text and Maps. Upon passage of the ordinance codified in this Section, the County shall amend the General Plan text and maps to incorporate and conform to the provisions of this Section.

E.

Implementation and Consistency. Upon passage of the ordinance codified herein, the General Plan and this Title shall be interpreted so as to give effect to the provisions of this Section. The provisions of this Section shall prevail over any revisions to the General Plan and any specific plans. Any amendments to the General Plan and this Title made subsequent to the passage of the ordinance codified in this Section shall be consistent with the provisions of this Section.

F.

Referendum. This Section may be amended or repealed only by a majority of the voters of El Dorado County.

G.

Severability. If any portion of this Section is declared invalid, the remaining portions are to be considered valid. (Adopted 11/20/84)

Sec. 130.29.090 - Mining and Reclamation.

A.

Subsurface mining shall be allowed in any zone subject to issuance of a Conditional Use Permit, and only after impacts to the environment and affected surface uses have been adequately reviewed and found to be in compliance with the California Environmental Quality Act (CEQA). Of particular importance shall be the impact of the operation on surface uses, water quantity and quality, and noise and vibration impacts associated with surface access.

B.

Surface access to subsurface mines shall only be allowed in those zones which permit Levels B and C activities under Table 130.29.070.1 (Mineral Exploration and Mining) above in this Chapter, subject to a Conditional Use Permit.

C.

Vent and escape shafts may be allowed in any zone subject to an Administrative Permit.

D.

A Conditional Use Permit for mining activities shall consider the following:

1.

Natural vegetation and topography for buffering;

2.

Central location of processing equipment and equipment storage;

3.

Dust control;

4.

Circulation and construction standards for access roads;

5.

Erosion control;

6.

Revegetation and re-establishment of natural appearing features on the site following mining activities;

7.

Hours of operation;

8.

Night lighting;

9.

Security fencing;

10.

Noise impacts on adjacent and nearby lands, and control of noise pursuant to standards adopted in the General Plan;

11.

Protection of water quality, sensitive wildlife habitat, and/or sensitive plant communities;

12.

Phased reclamation that proceeds concurrently with surface mining; and

13.

Ultimate uses.

E.

Applications for a Conditional Use Permit and/or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Department. Said applications shall be filed in accordance with Sections 130.52.021 (Conditional Use Permit) in Article 5 (Planning Permit Processing) of this Title, and 130.29.100 (Standards for Reclamation) below in this Chapter. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772 and 2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, as established at the discretion of the Director.

F.

For surface mining operations that are exempt from a Conditional Use Permit in compliance with this Chapter, the reclamation plan application shall include the following:

1.

All information concerning the mining operation that is required by the Director for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the County at one time.

2.

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said response shall be kept by the Department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed and notarized statement of responsibility to the Department for placement in the permanent record.

G.

Within 30 days of accepting a Conditional Use Permit application as complete for a surface mining operation and/or a reclamation plan, the Department shall notify the State Department of Conservation of the filing of the application in compliance with SMARA Section 2774(d).

H.

The Director shall review the reclamation plan and financial assurance cost estimate (Subsection 130.29.100.B, Financial Assurances, below in this Chapter) within 60 days. Said review shall be limited to whether the reclamation plan and financial assurance cost estimate substantially meets the applicable requirements of SMARA (Sections 2772, 2773, and 2773.1), the State regulations (Sections 3500 through 3505, and Sections 3700 through 3713), and this Chapter. The operator shall have 60 days to submit the revised reclamation plan and financial assurance cost estimate addressing the identified deficiencies to the County for review and approval.

I.

Upon completion of the environmental review procedure and filing of all documents required by the Director, consideration of the Conditional Use Permit and/or reclamation plan for the proposed or existing surface mine shall be completed in compliance with State regulations at a public hearing pursuant to SMARA Section 2774. The Commission shall be the review authority of original jurisdiction for the Conditional Use Permit or reclamation plan, or when multiple applications such as a reclamation plan, Conditional Use Permit, and/or zone change are filed.

J.

The Conditional Use Permit application and/or reclamation plan shall be subject to review by State as follows:

1.

In compliance with SMARA Section 2774(d), the State Department of Conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review and comment on the financial assurance. The Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods.

2.

Whenever mining operations are proposed in the 100-year floodplain of any stream, shown as Special Flood Hazard Areas on 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 Department shall also notify the State Department of Transportation.

3.

The Department shall prepare a written response describing the disposition of the major issues raised by the State for the Commission's approval. In particular, when the Commission's position is at variance with the recommendations and objections raised in the State's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Commission shall be promptly forwarded to the operator/applicant.

K.

Subsequent to the appropriate environmental review, the Department shall prepare a staff report with recommendations for consideration by the Commission. The Commission shall hold at least one public hearing on the Conditional Use Permit application and/or reclamation plan.

L.

Prior to rendering a decision to approve the Conditional Use Permit application and/or reclamation plan and in addition to making findings of consistency with the requirements and standards of this Title, including those under Subsection 130.52.020.C (Specific Findings for Conditional/Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title, the Commission shall make the following findings:

1.

Conditional Use Permit approvals for surface mining operations shall include a finding that the project complies with the provisions of the SMARA, as amended, and the State regulations.

2.

For reclamation plans, the following findings shall be required:

a.

The reclamation plan complies with SMARA Sections 2772 and 2773; and the applicable requirements of the State regulations (Sections 3500 through 3505, and Sections 3700 through 3713).

b.

The reclamation plan restores the mined lands to a usable condition that is readily adaptable to alternative uses pursuant to the plan consistent with this Chapter, the General Plan, and any applicable specific plan or community plan.

c.

The reclamation plan is not considered detrimental to the public health, safety, and welfare.

d.

The County's written response to the State Department of Conservation has been prepared and considered by the decisionmaking body. Said response adequately describes the disposition of major issues raised by the Department of Conservation and where the County's position is at variance with the recommendations and objections raised by the State Department of Conservation the County's response addresses, in sufficient detail, why the recommendations and objections were not accepted.

M.

Prior to final approval of a reclamation plan or any amendments to the reclamation plan, the Commission shall certify to the State Department of Conservation that the reclamation plan complies with the applicable requirements of State law, and shall submit the plan, or amendments to the State Department of Conservation for review.

1.

If a Conditional Use Permit application is being processed concurrently with the reclamation plan, the Commission may also simultaneously conceptually approve the Conditional Use Permit. However, the Commission may defer action on the Conditional Use Permit until taking final action on the reclamation plan.

2.

If necessary to comply with permit processing deadlines, the Commission may conditionally approve the Conditional Use Permit so that it shall not become effective until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances by the County. The Commission shall then take action to approve, conditionally approve, or deny the Conditional Use Permit and/or reclamation plan pursuant to SMARA Section 2770(d).

N.

Time limits may be set on any Conditional Use Permit for mining operations based on a determination by the review authority that such a time limit is necessary to protect the public health and safety, and to protect the welfare of nearby property owners. Said time limit shall be set on a case-by-case basis, based on the reasonably expected life of the mine and potential conflicts with neighboring uses.

O.

The Department shall forward a copy of each approved Conditional Use Permit for the mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation within 30 days following the approval. By July 1 of each year, for each active or idle mining operation, the Department shall submit to the State Department of Conservation a copy of the Conditional Use Permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

P.

Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the approved reclamation plan shall not be undertaken until the amendment has been filed with, and approved by, the Commission. Minor deviations from the approved reclamation plan may be approved by the Director where a finding can be made that the minor deviation substantially conforms to the approved reclamation plan.

Q.

Each Conditional Use Permit for a mining operation shall be reviewed periodically for compliance with the requirements of the permit. The costs of said review shall be funded by the holder of the Conditional Use Permit. The time period for said review shall be set by a condition of approval, but in no case shall it exceed five years.

R.

Recordation on property titles of the presence of important mineral resources within the (-MR) Combining Zone may be a condition of approval for 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.

Sec. 130.29.100 - Standards for Reclamation.

A.

Compliance with Regulations. All reclamation plans shall comply with the provisions of SMARA Sections 2772 and 2773, and State regulations (Sections 3500 through 3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial deviations to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards under State regulations (Sections 3700 through 3713).

1.

Additional Standards. The Commission may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

2.

Phasing. 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 County. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

a.

The beginning and expected ending dates for each phase;

b.

All reclamation activities required;

c.

Criteria for measuring completion of specific reclamation activities; and

d.

Estimated costs for completion of each phase of reclamation.

B.

Financial Assurances. To ensure that reclamation will proceed in accordance with the approved reclamation plan, the County shall require security, as a condition of approval, which shall be released upon satisfactory performance. The applicant may post security in the form of a surety bond, a trust fund, cash deposits, escrowed negotiable securities, or an irrevocable letter of credit from an accredited financial institution in a form and manner acceptable to the County and the State Mining and Geology Board as specified in State regulations. In reviewing the method of security, the County shall make a reasonable

determination of its adequacy to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the County and the State Department of Conservation.

1.

Compliance Required. Financial assurances will be required to ensure compliance with all elements of the approved 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, removal of structures and equipment, and other measures if necessary.

2.

Cost Estimates. Cost estimates for the financial assurance shall be submitted to the Department for review and approval prior to the operator securing financial assurances. The Director 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 receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the County has reason to determine that additional costs may be incurred. The Director shall have the discretion to approve the financial assurance if it meets the requirements of this Chapter, SMARA, and State regulations.

3.

Basis for Assurance Amount. 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 since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year.

a.

Cost estimates should be prepared by a California licensed professional engineer and/or other similarly licensed and qualified professional retained by the operator and approved by the Director.

b.

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.

c.

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, reasonable profit by a commercial operator other than the permittee, and inspections and administration by the County and/or persons under contract by the County.

d.

A contingency factor of ten percent shall be added to the cost of financial assurances.

4.

Abandonment of Operations. 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, as a consequence, the County or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

Effective Period. 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.

6.

Annual Adjustment. 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 operator may not claim credit for reclamation scheduled for completion during the coming year.

7.

Revisions. Revisions to financial assurances shall be submitted to the Director each year prior to the anniversary date for approval of the financial assurances. Said revisions shall be forwarded to the State Department of Conservation for review in accordance with this Chapter. 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 written detail why revisions are not required.

C.

Public Records. Reclamation plans, reports, applications, and other documents submitted in compliance with this Chapter are public record, unless it can be demonstrated to the satisfaction of the lead agency that the release of the information, or part thereof, would reveal production, reserves, or rate of depletion, and title to protection as proprietary information. The review authority shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the State Department of Conservation and to persons authorized in writing by the operator.

D.

Documents Furnished to State. A copy of all reclamation plans, reports, applications, and other documents submitted in compliance with this Chapter shall be furnished to the State Department of Conservation by the review authority upon request.

E.

Succession of Interest. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved Conditional Use Permit and/or reclamation plan and the provisions of this Chapter.

F.

Appeals. Any person shall have the right to appeal to the Board an act or determination of the Department or the Commission in the exercise of the authority granted in this Section, in compliance with Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.

G.

Violations and Penalties. If the Director determines, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, that a surface mining operation is not in compliance with this Chapter, an approved Conditional Use Permit, and/or approved reclamation plan, the County shall follow the procedures set forth in SMARA Sections 2774.1 and 2774.2 concerning violations and penalties, such as administrative fines, as well as procedures for revocation of the Conditional Use Permit (Section 130.54.090, Revocation or County Mandated Modification of a Permit) in Article 5 (Planning Permit Processing) of this Title, which is not preempted by SMARA.

Sec. 130.29.110 - Interim Management Plans.

A.

Within 90 days of a surface mining operation becoming idle, the operator shall submit to the 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 approval conditions and measures the operator will implement to maintain the site in a stable condition for public health and safety. The proposed IMP shall be submitted on forms provided by the Department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project pursuant to CEQA.

B.

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

C.

Upon receipt of a complete proposed IMP, the Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the Director.

D.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director and the operator, the Director shall review and approve or deny the IMP in accordance with this Section. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director, to submit a revised IMP. The Director shall approve or deny the revised IMP within 60 days of receipt.

E.

The IMP may remain in effect for a period not to exceed five years, at which time the Director may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

F.

The approved Conditional Use Permit shall be considered active and not subject to Subsection 130.54.060.C (Permit Expiration) in Article 5 (Planning Permit Processing) of this Title on operations for which an IMP has been approved by the Director or submitted to the Director for review.

Sec. 130.29.120 - Annual Report Requirements.

A.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the Department on a date established by the State Department of Conservation, 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.

B.

The Department shall arrange for an inspection of a surface mining operation within six months of receipt of the annual report to determine whether the surface mining operation is in compliance with the approved Conditional Use Permit conditions and/or reclamation plan, approved financial assurances, and State regulations. 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 by other qualified specialists, as selected by the Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The Department shall notify the State Department of Conservation within 30 days of completion of the inspection that said inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator.

2.

The operator shall be solely responsible for the reasonable cost of such inspection, including the cost of persons under contract to the County to perform such inspections.

3.

Failure by the operator to allow such required inspections by the Department or other responsible County agency shall constitute grounds for revocation of the Conditional Use Permit or termination of the vested mining activity.

ARTICLE 3. - SITE PLANNING AND PROJECT DESIGN STANDARDS* CHAPTER 130.30. - GENERAL DEVELOPMENT STANDARDS