§ 13-112. Idle mines/interim management plans.

(a)

Within ninety (90) days of a surface mining operation becoming idle, as defined in Section 13-103 of this article and Section 2727.1 of the Public Resources Code, the operator shall submit a proposed interim management plan to the Planning Division for review and approval by the Director of Development Services. The review and approval of an interim management plan shall not be considered a project for purposes of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.). The interim management plan shall be submitted on forms approved by the Planning Division and provided by the County. The approved interim management plan shall be considered an amendment to the mining operation's approved reclamation plan, shall comply with the requirements of Public Resources Code Section 2770(h), and shall include measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety, and in compliance with this article, all permit conditions of the approved reclamation plan, mining permit and/or mining use permit.

(b)

Upon receipt of a complete proposed interim management plan, the Planning Division shall forward the interim management plan to the Department of Conservation for review. The interim management plan shall be submitted to the Department of Conservation at least thirty (30) days prior to approval by the Director of Development Services.

(c)

The Director of Development Services shall approve or deny the interim management plan within sixty (60) days of receipt of a complete plan or within a longer period mutually agreed upon by the Director of Development Services and the operator. If the interim management plan is denied, the operator shall have thirty (30) days, or a longer period mutually agreed upon by the Director of Development Services and the operator, to submit a revised interim management plan. The Director of Development Services shall approve or deny the revised interim management plan within sixty (60) days of receipt.

(d)

Any person aggrieved by a denial of a revised interim management plan 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 required, to evaluate the interim management plan and, on the basis of evidence submitted at the hearing, may approve, conditionally approve or deny the interim management plan. The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for in use permits in Chapter 24 of this Code.

(f)

The Planning Division and such technical specialists as it may deem necessary, shall conduct inspections of each idle mine at least once each calendar year, in accordance with Section 2774(b) of the Public Resources Code to assure compliance with the approved Interim Management Plan.

(g)

The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the Planning Division shall do one (1) of the following:

(1)

Upon written request from the operator, renew the interim management plan for an additional period not to exceed five (5) years, if the County finds that the operator has complied fully with the interim management plan;

(2)

Require the operator to commence reclamation in accordance with the approved reclamation plan.

(h)

The financial assurance required by Section 13-109 of this article shall main in effect during the period 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.

(i)

Unless review of an interim management plan is pending before the Director of Development Services, a surface mining operation which remains idle for over one (1) year after becoming idle as defined in Section 13-103 of this article, without obtaining approval of an interim management plan, shall be considered abandoned, and the Director of Development Services shall give notice of abandonment to the operator, and the operator shall commence and complete reclamation in accordance with the approved Reclamation Plan.

(Ord. No. 4035, § 2, 10-11-2011)