§ 13-111. Lapse of permit/commencement status reports.

(a)

Upon approval of the mining permit and the associated use permit for mining, if required, the operator shall commence surface mining operations within ten (10) years from the date of issuance of the permit. Upon said approval the following shall also be required:

(1)

The owner, manager, or other person in charge of any surface mining operation, in compliance with Section 2207 of the Public Resources Code and Section 13-116(a) of this article, shall, within the first year following approval and no later than July 1, commence forwarding annual reports to the Director of the Department of Conservation and the Planning Division upon forms furnished by the State Board;

(2)

The County, in compliance with PRC Section 2774(b) and Section 13-116 of this article, shall conduct an inspection of the mining operation within the first year following approval and no later than six (6) months after receiving the surface mining operation's annual report submitted pursuant to Section 2207 of the Public Resources Code and Section 13-116(a) of this article;

(3)

If the operator declares the mining operation to be newly permitted - not yet in operation in the annual production report submitted to the Department of Conservation and the County pursuant to Section 2207 of the Public Resources Code and Section 13-116(a) of this article, the operator shall submit to the Director of Development Services a commencement status report with said annual production report stating whether or not operations have commenced pursuant to the mining permit and associated use permit for mining, if required, and specifying all pertinent activities undertaken in preparation for the commencement of operations. When the operator declares the mining operation to be active for the first time in the annual production report, the mining operation shall be considered commenced and the nature and date of the commencement activities shall be specified in a final commencement status report, and no further commencement status reports shall be required.

(b)

Should operations not commence within ten (10) years from the date of issuance of the permit, the operator may request an extension of five (5) years prior to the expiration of the said ten-year period. A request for an extension of the mining permit and use permit for mining, if required, shall be made in writing to the Director of Development Services.

(c)

Upon consideration of commencement status reports submitted pursuant to Section 13-111(a)(3) of this article, and upon consideration of why active mining operations have not commenced within ten (10) years, the Director of Development Services shall approve or deny the extension request within sixty (60) days of receipt of the request.

(d)

Any person aggrieved by a denial of a request for a five-year extension by the Director of Development Services shall have the right to appeal. Upon receipt of a written appeal, the Planning Division shall schedule the appeal for public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this article.

(e)

The Planning Commission shall hold at least one (1) noticed public hearing, or as many public hearings as may be required, to evaluate the request for a five-year extension. The hearing shall be limited to a consideration of the commencement status reports submitted pursuant to Section 13-111(a)(3) of this article and why active mining operations have not commenced within ten (10) years, and the Planning Commission shall take formal action to approve, modify or deny the extension request. The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code.

(f)

Should operations not commence within said ten (10) years, or within fifteen (15) years if a request for an extension pursuant to Section 13-111(b) of this article has been approved, the Director of Development Services shall determine whether the mining permit and use permit for mining, if required, have lapsed. In making said determination, the Director shall consider evidence supplied by the operator pursuant to Section 13-111(a)(3) of this article as to whether or not operations have commenced.

(g)

If the Director determines that a mining permit and use permit for mining, if required, have lapsed because operations have not commenced within said ten (10) years, or within fifteen (15) years if a request for an extension pursuant to Section 13-111(b) of this article has been approved, the operator shall be notified in writing accordingly. Any person aggrieved by a determination by the Director of Development Services that a mining permit and/or use permit for mining, if required, has lapsed shall have the right to appeal. Upon receipt of a written appeal, the Planning Division shall schedule the appeal for public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this article.

(h)

The Planning Commission, on the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall take formal action and determine whether or not a mining permit and use permit for mining, if required, have lapsed because operations have not commenced within said ten (10) years, or within fifteen (15) years if a request for an extension pursuant to Section 13-111(b) of this article has been approved.

(i)

The Planning Commission shall, if it determines that the mining permit has not lapsed, consider an additional extension for said mining permit. The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for use permits in Chapter 24 of this Code.

(Ord. No. 4035, § 2, 10-11-2011)