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The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a surface mining permit:
A. Appeals. The decision of the commission shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved surface mining permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the surface mining permit.
If the use granted by the surface mining permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved surface mining permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved surface mining permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved surface mining permit.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a surface mining permit-holder, the director may issue an or-der suspending the surface mining permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made. the director shall schedule a public hearing to consider the revocation of a surface mining permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all ad-joining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the surface mining permit, in compliance with Chapter 16.68, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 182 § 2 (part), 1997)