Article IV — RESOURCE EXTRACTION

Cross reference— Zoning, ch. 30.

The city has adopted this article to guarantee the beneficial use of land resources in the city. This article is designed to regulate the extraction and utilization of rock, gravel, sand, clay and similar materials consistent with the requirements of the state Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.) and the city general plan. This article establishes minimum procedures and standards for the development of resource extraction sites and associated uses necessary to guarantee the following:

(1)

That the intended use of land resources will not result in a public nuisance through the creation of hazardous or detrimental environmental or aesthetic conditions both on site and off site.

(2)

That the most efficient utilization is made of available land resources.

(3)

That all adverse environmental impacts of resource utilization are mitigated or reduced to a level consistent with the public welfare.

(4)

That reclamation of mined lands may be ensured throughout the life of the extractive use.

(5)

That the mining operation results in landforms suitable to adaptive reuse for uses such as parks, water reclamation, housing development or other alternative land uses.

(6)

That the significance of the proper utilization of rock, gravel, sand, clay and similar material resources to the state, nation and market region, as well as to the city, has been observed.

(Ord. No. 1879, § 4, 2-8-22)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means the cessation of mining, quarrying and extraction operations on the site in compliance with the provisions of this article.

Commercial extraction operation means the removal or displacement of rock, gravel, sand, clay or similar materials conducted for financial gain.

Department means the planning department of the city.

Director means the director of the planning department of the city or his regularly authorized deputy.

Land resource means the general landform (basic geologic structure), the soil types, and their associated constraints to land use, and underlying mineral resources.

Mining means the process of obtaining rock, gravel, sand, clay or similar materials from an open excavation in the earth for financial gain, but not including the removal of minerals extracted by underground methods.

Operator means the person, whether proprietor, lessee or independent contractor, actually in charge and in control of the pit or operation being conducted upon the site.

Overburden means soil, rock or other materials that lie above a mineral deposit or in between deposits, before or after their removal by surface mining.

Owner means a person who owns a site upon which a pit is located or upon which mining, quarrying or commercial extraction operations are being conducted or may be conducted.

Permit means any permit issued pursuant to the provisions of this article, together with the application for the permit, the conditions upon which it was issued and any plans, specifications, reports and approved modifications pertaining thereto.

Permittee means any person to whom a permit is issued pursuant to the provisions of this article.

Pit means any excavation or depression or hole in the ground, natural or artificial, from which sand, gravel, rock, aggregate, clay or similar materials are being or have been dug, mined, extracted or quarried.

Quarrying means the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain.

Reclamation means the 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 creates 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.

Settling basin means an area devoted to the storage of waste residue.

Site means a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of land, described by a lease or similar document, upon which a pit is located or upon which commercial extraction operations are being or may be conducted, and which is covered by a permit.

Slope means the exposed surface of an excavation or fill which forms an incline.

Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the master plan of streets. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than 60 feet, in the case of a public street.

(Ord. No. 1879, § 4, 2-8-22)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

No person shall conduct an operation for the mining, extraction or removal of any land resource within the city without first obtaining a resource extraction permit which incorporates a reclamation plan for such operation.

(b)

The provisions of this article shall not be generally applicable to the following:

(1)

Excavations or grading for farming, onsite construction, or restoration of land following a flood or natural disaster.

(2)

Reclamation of lands mined prior to January 1, 1976.

(3)

Those underground operations with tailings or waste dumps in total amount of less than 1,000 cubic yards and not exceeding one acre in extent at any one site or underground access opening, provided such openings are secured.

(4)

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

(5)

Prospecting for or the extraction of minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

(6)

Such operations that the city determines to be of an infrequent nature and that involve only minor surface disruption.

(Ord. No. 1879, § 4, 2-8-22)

The following resource extraction uses are permitted:

(1)

Mining, quarrying and commercial extraction of rock, gravel, sand, clay and similar materials, and the storage, stockpiling, distribution and sale thereof.

(2)

The installation and operation of plants or apparatus for rock crushing, appurtenant screening, blending, washing, loading and conveyer facilities.

(3)

Shops and garages for the repair or maintenance of equipment and warehouses for the storage of equipment or supplies as are necessary for the conduct of the uses permitted.

(4)

Offices for the conduct of the uses permitted.

(5)

Truck scales and loading facilities.

(Ord. No. 1879, § 4, 2-8-22)

The following uses may be permitted where such are accessory to an approved resource extraction operation:

(1)

Public or private parks and recreation areas and appurtenant buildings and improvements.

(2)

The following uses, when conducted in conjunction and concurrent with extraction operations:

a.

Manufacture of concrete products and prestressed structural units.

b.

Concrete batching plants.

c.

Mixing and processing facilities for Portland cement or asphaltic concrete.

(3)

Sanitary landfill.

(4)

Water recharge and reclamation.

(5)

Flood control or retention facilities in conjunction with a comprehensive flood control program.

(6)

Such other appropriate uses as determined by the planning commission.

(Ord. No. 1879, § 4, 2-8-22)

(a)

Prior to processing a preliminary resource extraction request, the applicant shall provide to the city such fees as may be required by a resolution of the city council.

(b)

In addition to such filing fees as may be established by resolution, the operator shall be responsible for all city costs directly attributable to conduct of the mining operation. Such costs to be considered may include but are not limited to the following:

(1)

Roadbed maintenance and improvements.

(2)

Construction of special aprons or approaches, islands or turn pockets.

(3)

Street sweeping to control dust or gravel.

(4)

Traffic signalization to accommodate truck traffic.

(5)

Operation and maintenance of flood control structures.

(6)

Administrative costs such as public hearing notifications, noise monitoring, audits for reclamation assessments and enforcement costs.

(Ord. No. 1879, § 4, 2-8-22)

(a)

Generally. It is the intent of this article to provide a streamlined review process for the consideration of resource extraction uses. In response to the high cost of final engineering design, a two-step permit approval process is hereby established. Step I will enable the applicant to receive consideration of the intended use, reclamation alternatives and environmental impacts. Step II will set forth detailed operating conditions, final site design approval, final engineering and final verification of conformance with the provisions of this article for the purpose of issuing a resource extraction permit.

(b)

Step I: Preliminary resource extraction request.

(1)

Application information. The following application information shall be submitted prior to consideration of a preliminary resource extraction request: a legal description of the entire property to be utilized for extractive use and accessory operations, and a general plan of operations including the following:

a.

A plot plan of the entire property drawn to scale and showing contour intervals of not more than five feet, defining the location and showing the exterior boundaries of the area to be excavated. The plot plan shall also show the locations of any existing structures, easements, watercourses, levees, drainage facilities, underground utilities and roads or improvements adjoining the property.

b.

The plan shall include a vehicular access plan designed in such a manner as to result in minimum additional vehicular traffic over local residential streets.

c.

A topographic map prepared by a registered civil engineer or licensed surveyor or licensed photogrammetric surveyor, and a complete report of a comprehensive soils and geologic investigation prepared by a registered civil engineer or registered engineering geologist. The topographic map shall be

accompanied by a written report setting forth probable volume and depth of overburden and nonusable materials.

d.

A description of the proposed operation in all of its phases, including a phasing plan and schedule showing the approximate starting date, the proposed increments of extraction and the sequence in which such increments will be accomplished. Such plan shall also show the approximate future locations of any machinery and processing equipment, excluding vehicles that may be moved during the excavation operations. The plan shall also show the location of proposed buildings and structures, processing plants and other appurtenant equipment, areas to be excavated and their approximate depths, storage of topsoil and overburden, stockpiles, points of ingress and egress, driveways, parking areas, and required setbacks, fencing, berms and screen planting. Where operations include the washing of sand and gravel, the estimated daily quantity of water required and its source and disposition shall be made a part of this description.

e.

A plan showing the location of proposed protective works, settling basins, desilting ponds and other bodies of water, including a description of provisions to be taken for the conservation and protection of groundwater, the disposition of drainage and the control of erosion.

f.

A statement of the estimated time required to complete the proposed excavation.

g.

An environmental impact report and such other environmental documentation as required by the city and outlined in the city environmental guidelines.

(2)

Processing procedure.

a.

Certification of completeness of application. Upon receipt of a preliminary resource extraction request, the planning department shall within 30 days certify the request with regard to completeness. Upon certification as complete, the planning department shall forward the complete resource extraction application to the design review commission, planning commission and city council.

b.

Design review commission. The design review commission shall review the site plan, landscape plans and elevations for the intended operation pursuant to the requirements of chapter 30, article X. Upon completion of the review of the design review commission, the design review commission shall forward its recommendations and recommended approval conditions to the planning commission.

c.

Planning commission determination. The planning commission shall hold a public hearing on the proposed resource extraction request and forward its recommendation to the city council as outlined in section 30-103. The planning commission recommendation shall include, at a minimum, a statement of the recommended intensity of use, acceptable accessory uses, the suitability of the extraction and reclamation proposals, and suggested conditions for approval. The conditions of approval shall ensure that the resource extraction use and related accessory uses may be conducted and reclaimed without creating a public nuisance or otherwise adversely affecting the public welfare. Furthermore, the commission shall, subject to findings, recommend denial of the resource extraction application if the commission determines that the intent of this article as set forth in section 9-56 cannot be met by the proposed extraction plan.

d.

City council approval. Upon receipt of the recommendation of the planning commission, the city council shall set a public hearing as provided in section 30-103 to consider the resource extraction application. The city council shall consider all proposed uses, reclamation plans, EIR and other conditions for approval submitted in conjunction with the resource extraction application and the recommendation of the planning commission. The city council shall set forth by resolution the findings leading to the approval or denial of the application. Upon approval of the application, the city council shall set forth such conditions as may be required to prevent creation of a nuisance and to ensure an operation which does not adversely affect the public welfare. Upon approval, the city council shall direct the applicant to submit final engineering designs, operation plans and a reclamation plan to the planning commission for the purpose of verifying the plans and approving the resource extraction permit.

(3)

Criteria for permit approval. Resource extraction applications and amendments to resource extraction permits may be approved when the planning commission and city council find that:

a.

The uses proposed are not likely to cause public health or safety problems.

b.

The uses proposed are compatible with the objectives, policies and general land uses and programs specified in the city general plan.

c.

The plans and reports submitted incorporate adequate measures to mitigate the probable significant adverse environmental effects of the proposed operation.

d.

The plans and reports submitted are sufficiently detailed to adequately describe the proposed operation.

e.

The plan as proposed or amended incorporates adequate measures to restore the site, excluding abandoned pits and previously mined areas, in a diligent manner to a natural-appearing or otherwise usable condition compatible with adjacent areas.

(c)

Step II: Resource extraction permit. Upon approval by the city council of a resource extraction application, the planning commission, after a public hearing, shall review and approve a detailed resource extraction permit setting forth the conditions for conduct of the resource extraction use, accessory uses, reclamation program and monitoring programs as follows:

(1)

Resource extraction permit. The resource extraction permit shall include, as a minimum, the following information:

a.

A topographic map showing the final contours at intervals of not more than five feet. Such map shall be drawn to scale and shall be of sufficient detail to establish that the proposed ultimate uses can be accomplished. The map shall also show the location of all structures, drainage facilities and streets that are proposed to remain after the completion of extraction operations.

b.

A statement and plan describing or illustrating the ultimate uses for the property upon the completion of extraction operations. Such uses shall conform to the following requirements:

The proposed ultimate uses shall be physically and economically feasible.

The proposed ultimate uses shall be consistent with any applicable federal plans.

The proposed ultimate uses shall be compatible with existing and permitted adjacent uses.

The statement and plan shall include any additional information or evidence that may be helpful in explaining the proposed ultimate use. Any subsequent change in the ultimate use proposal which affects the ultimate reuse of the site shall be subject to review and approval by the city planning commission.

(2)

Reclamation plan. In order to provide assurance that restoration procedures will begin and continue concurrently with excavation operations, a reclamation plan shall be submitted, which shall include the following:

a.

A final plan showing the property as it will be prepared for the installation and establishment of the proposed ultimate use.

b.

A phasing plan showing how the area will be incrementally restored to a natural-appearing or otherwise usable condition as excavation operations are completed in one area and moved to the next area.

c.

A statement and plans describing the proposed rehabilitation methods and procedures, including but not limited to the following:

Landscaping plans.

Drainage plans and facilities, slope stability and erosion control plans, to be approved by the director of public works.

d.

An assessment of the effect of implementation of the rehabilitation plan on future mining in the area.

(3)

Comprehensive design and operation requirements. The following minimum standards shall be incorporated into the resource extraction plan and operation:

a.

Operational standards generally. All processing and excavating operations shall conform to all applicable mitigations and conditions approved in accordance with the requirements of this article.

b.

Dust control. All quarries, private truck roads connecting quarries, processing plants or stockpiles shall be maintained so as to control dust.

c.

Setbacks. No excavation activities shall be carried on less than 50 feet from:

The common property line of any parcel of land upon which such uses are conducted.

Any highway or street.

Any flood control channel or retarding or conservation basin not a part of the proposed mining operation.

d.

Location of processing apparatus. No rock crushing plant or other apparatus for the processing of rock, gravel or sand, except primary excavation operations, shall be located within 300 feet of the boundary line of any R residential, commercial or specialized employment zoning districts.

e.

Slopes. No production from an open pit shall be permitted which creates a finished slope steeper than two feet horizontal to one foot vertical (2:1).

f.

Days and hours of operation.

With the exception of trucking, distribution, sale, loading and unloading of products and materials and equipment repairs, all crushing and excavating activities permitted shall be limited to the days of Monday through Saturday, inclusive, between the hours of 7:00 a.m. and 10:00 p.m. The planning commission may approve additional operating hours where continuous pours of concrete or other special circumstances require extended hours. Such extended hours shall be permitted only after conduct of a public hearing.

Hours of operation outside of those stated in subsection (c)(3)f.1 of this section may be permitted, subject to prior notification to the director of public works, in the following situations:

i.

Where required by public authorities to protect the public welfare and safety.

ii.

Where necessary due to public emergencies.

The following noise standards shall be observed during all operations:

No person shall operate or cause to be operated any source of sound at any location or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed:

i.

The noise standard for that receiving land use, as specified in this subsection, for a cumulative period of more than 30 minutes in any hour;

ii.

The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour;

iii.

The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour;

iv.

The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or

v.

The noise standard plus 20 dB(A) for any period of time.

If the measured ambient level exceeds any of the noise limit categories in subsections i, ii and iii of this subsection, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If the ambient noise level exceeds the noise limit category in subsection iv of this subsection, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

g.

Insurance. Before commencing any operations, the operator shall procure public liability insurance with coverages of sufficient amount and term so as to adequately compensate for loss due to either personal injury or to damage to property. Such required insurance shall cover all activities of the operator connected with the uses permitted, and shall be kept in full force and effect at all times during such operations. This insurance shall be assessed by the city in accordance with the provisions of section 9-63.

h.

Offstreet parking requirements. Offstreet parking shall be provided on the site for all equipment and for all cars of employees. Operations in this zone shall be exempt from all other offstreet parking requirements of the city zoning code. All offstreet visitor and employee parking areas shall be treated or constructed in such a manner so as to minimize dust and blowing sand.

i.

Screening.

Extracting and processing operations shall be screened in such a manner that they are not readily visible from a public street. An opaque screen shall be installed and maintained as necessary in order to minimize such visibility. The operator shall install such screening along the perimeter of the visible portion of the parcel being operated or previously mined.

The required screen shall have a total height of not less than six feet. Where there is a difference in elevation on the opposite side of the screen, the height shall be measured from the highest elevation. A screen shall consist of one or a combination of the following types:

i.

Walls. Walls may be permitted subject to approval of the design review commission. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.

ii.

Berms. A berm shall be constructed of earthen materials and it shall be landscaped.

iii.

Open fences. An open weave or mesh-type fence, when not used in combination with a berm, shall be combined with plant materials to form an opaque screen.

iv.

Planting. Plant materials, when used as a screen, shall generally consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. Plant materials shall not be limited to a maximum height. The design shall be prepared by a licensed landscape contractor or a licensed landscape architect.

v.

Intersections. Required screening shall be set back as required by the city traffic engineer from the point of intersection of a vehicular accessway or driveway and a street; a vehicular accessway or driveway and a sidewalk; and two or more vehicular accessways, driveways or streets.

vi.

Installation. Required screening shall be installed prior to commencement of operations in a phased manner so that all operations and excavated sites are continuously screened.

j.

Posting of signs. Within 90 days after an area has been approved for extraction uses, the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart, and at each change of direction of the boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four inches in height: "THIS PROPERTY MAY BE USED AT ANY TIME FOR THE EXCAVATION OF ROCK, SAND, GRAVEL OR CLAY, ROCK CRUSHING PLANT, OR ANY ASSOCIATED USES." The signs shall be of wood or metal and shall be maintained in legible condition at all times. Such signs shall meet all requirements of the design review board.

k.

Maximum permitted depth of excavation. The maximum permitted depth of excavation shall be 150 feet.

l.

Excavation below water table. No excavations below historic water tables shall be permitted except as approved by the Santa Ana Regional Water Quality Control Board.

m.

Fencing. Fencing shall be required and maintained in accordance with the sand and gravel extraction permit.

n.

Land designated for arterial highways. Whenever a property is traversed by a highway shown on a precise plan of highway alignment, the necessary right- of-way for such highways shall not be excavated, and no permanent structures shall be erected to the extent of the width of the right-of-way plus an additional 50 feet on each side thereof.

o.

Ingress, egress and traffic safety. Access to any premises shall be only at points designated on the extraction plan and shall be constructed on a level with the pavement of any public street or highway for a distance of not less than 80 feet therefrom, and the 80 feet shall be paved. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the city traffic engineer.

p.

Drainage.

Surface drainage shall be controlled in a manner meeting the approval of the director of public works to prevent loose material from filling any existing drainage course or encroaching upon adjoining property and improvements.

All provisions to control natural watercourses shall be designed to prevent overflow or diversion of water away from the natural point of discharge, and such provisions shall be subject to review and approval of the city engineer.

q.

Removal of buildings and equipment. All buildings, foundations and equipment used in the excavation or processing of land resources or in the administration of the resource extraction operations shall be removed within six months of the termination of activities on the property if the buildings are not to be utilized in conjunction with the reclamation plan.

r.

Noise and vibration control. All development and equipment for conduct of the uses permitted shall be constructed, maintained and operated in such a manner as to reduce noise and vibration to a level consistent with the city noise ordinance. Internal combustion engines shall be equipped at all times with exhaust mufflers in good working condition to control excessive noise.

s.

Air pollution control. All operations shall be conducted in compliance with all the requirements of the South Coast Air Quality Management District.

(Ord. No. 1879, § 4, 2-8-22)

(a)

Guarantee of performance. In order to ensure rehabilitation of the site and compliance with conditions of approval, the applicant for a permit under this article shall provide financial guarantees as a condition of the issuance of the excavation permit. The amount of the guarantee shall be based on the estimated cost of rehabilitation for each phase and shall be fully in force for any phase which is being excavated or has been excavated, but is not finally rehabilitated. The estimated cost of rehabilitating each phase shall be reviewed by the planning commission based upon a survey of materials mined at the time of the application and every two years after the approval of a permit. No financial guarantee shall be required for areas not excavated. The planning commission may modify the amount of the guarantee required based upon these reviews. When an inspection shows that a phase has been rehabilitated in conformance with the approved permit, the planning director shall terminate the financial guarantee for that phase. On abandonment of the excavation for 18 months or more, bankruptcy of the operator, or any occurrence which in the opinion of the planning commission jeopardizes the rehabilitation of the excavation, the city may use all or any portion of the fund to rehabilitate the site. The type of financial guarantee proposed by the applicant shall be found acceptable by the city attorney prior to the public hearing on the permit. The type of financial guarantee may be, but is not limited to:

(1)

A faithful performance bond;

(2)

A property escrow or escrow account; or

(3)

A trust fund as outlined in subsection (b) of this section.

(b)

Trust fund. The finance director shall be trustee of the fund.

(c)

Monitoring requirement. The city shall cause to be prepared a survey of materials mined or removed from the extraction site. The survey shall be carried out by a registered civil engineer or engineering geologist, and shall report the quantity of material removed less those materials stockpiled, and conformity of the site in relation to the approved phased reclamation program. Such monitoring shall be billed to the trust account for reclamation or billed directly to the permittee for the operation. Where no commercial sale is undertaken, the survey shall only report on the conformance of the project development to the phased reclamation plan.

(Ord. No. 1879, § 4, 2-8-22)

(a)

Whenever a resource extraction operation is to be permanently abandoned, the operator shall notify the director in writing of his intention to abandon the operation at least 90 days prior to such abandonment.

(b)

The director shall inspect the site within 30 days of the notification of proposed abandonment and notify the operator of what protective devices, structures or corrective measures are or may be necessary for the protection of adjacent properties and the general public. The director shall also notify the property owner and the operator what assurance, if any, shall be required for the continued maintenance of protective devices, future correction of possible unsafe conditions as may occur, and reclamation of the site to a usable condition consistent with the reclamation plan. Such assurance may include a requirement for an offer of dedication of such lands where it is determined that such action is necessary to guarantee future use of the site.

(c)

Upon notification of abandonment, the director shall cause a survey to be conducted setting forth the cubic yards of material removed and requirements for conformance to the adopted reclamation program as set forth in section 9-62.

(Ord. No. 1879, § 4, 2-8-22)

(a)

In addition to any other means of enforcing these regulations, the city council may suspend or revoke a resource extraction permit or any other entitlement to conduct mining operations granted pursuant to the city zoning code when the council determines that a permittee is violating material terms of a resource extraction permit or that a reclamation plan is not being implemented.

(b)

Prior to any such suspension or revocation, the director shall specify the nature of the violation or the failure to implement a reclamation plan in writing and demand at least twice over a period not less than 30 days that the permittee correct the violation or failure. When adequate steps have not been taken to ensure the immediate correction of the violation or failure, to the satisfaction of the director, the director shall request the city council to set a hearing to consider whether the resource extraction permit or other entitlement to mining operations should be suspended or revoked. The owner and operator of the site in question shall be given at least 15 days' notice of any such hearing.

(c)

Whenever the city council suspends or revokes a resource extraction permit or other entitlement to conduct mining operations pursuant to this article, it shall do so by resolution, which resolution shall set forth the facts upon which the city bases its action.

(d)

A resolution of suspension shall also set forth any conditions which must be met to reinstate the resource extraction permit or other entitlement to conduct mining operations. Prior to reinstatement of any suspended resource extraction permit or other entitlement to conduct mining operations, the permittee shall submit a compliance plan to the planning commission for approval. The director shall determine that mining operations and other uses are in accordance with an approved compliance plan prior to resumption of mining operations. Upon certification by the director that a permittee has corrected all violations and satisfied any conditions of reinstatement in accordance with an approved compliance plan, the planning commission shall reinstate a suspended resource extraction permit or other entitlement to conduct mining operations.

(Ord. No. 1879, § 4, 2-8-22)

Secs. 9-66—9-69. - Reserved.