§ 13-120. Completion of reclamation and mining.

(a)

Upon notification by the operator that reclamation has been completed and the mining operation is terminated for either the entire area permitted or for one (1) or more phases or areas of said operation, the Department of Development Services, and such technical specialists as it may deem necessary, shall conduct an inspection to certify said completion of reclamation in accordance with the approved reclamation plan and the Act.

(b)

Prior to sending written notification to the operator certifying satisfactory completion of reclamation and prior to release of financial assurances, the County shall obtain written concurrence from the Department of Conservation that the completion of reclamation of the lands disturbed by the surface mining operation is in accordance with the requirements of the approved reclamation plan.

(c)

Those lands disturbed by surface mining for which reclamation according to the approved reclamation plan has been certified complete by the Department of Development Services, and for which the County has obtained written concurrence from the Department of Conservation, shall no longer be subject to mining without either:

(1)

Amendment to the mining permit, mining use permit, if required, and reclamation plan if the reclaimed lands are part of a larger phased operation; or

(2)

Approval of a new mining permit, mining use permit, if required, and reclamation plan if the reclaimed lands constitute all lands required to be reclaimed under the original mining permit and reclamation plan.

(d)

Upon the termination of all mining under the permit and certification of all reclamation pursuant to Section 13-120(a), (b) and (c) of this article, and upon the release of all financial assurances, the Department of Development Services shall schedule a public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this article to consider the completion of reclamation and the expiration of the associated mining permit and use permit for mining, if required.

(e)

The Planning Commission, on the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall determine whether reclamation has been completed and the associated mining permit and mining use permit, if required, may be expired.

(f)

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 Chapter 24 of this Code.

(Ord. No. 4035, § 2, 10-11-2011)