Kings County Municipal Code Art. V Interim Management Plan

(a) Within 90 days of a surface mining operation becoming idle, the operator shall submit to the planning division 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 conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning division, and shall be processed as an amendment to the reclamation plan. An interim management plan shall not be considered a project for the purposes of environmental review.

(b) Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's interim plan.

(c) Upon receipt of a complete proposed IMP, the planning division 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 planning commission.

(d) Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the community development director and the operator, the planning commission shall review and approve or deny the IMP in accordance with this article. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the community development director, to submit a revised IMP. Any revised IMP shall be submitted to the State Department of Conservation for review. The planning commission shall approve or deny the revised IMP within 60 days of receipt. If the planning commission denies the revised IMP, the operator may appeal that action to the board of supervisors.

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

(Ord. No. 585, § 2, 4-11-00; Ord. No. 585.1, § 6, 7-28-09)