(A) No expansion or minor expansion of a surface mining operation for which a surface mining permit has been issued shall occur without the prior approval of a modification of such permit. For purpose of this section, the following definitions shall apply:
(1) “Expansion” shall mean an increase in the land area on which a surface mining operation is conducted, or an increase in the depth to which a surface mining operation is conducted, beyond that authorized by an existing surface mining permit.
(2) “Minor expansion” shall mean:
(a) An increase in the land area on which a surface mining operation is conducted by an amount that does not result in the total land area of such operation exceeding the land area originally approved for such operation by more than the lesser of one acre or 25 percent; or
(b) An increase in the depth to which a surface mining operation is conducted by not more than ten feet, provided that such depth does not reach within ten feet of the average level of ground water.
(B) Applications for modification of a surface mining permit shall be processed in the same manner as applications for a surface mining permit; provided, however, that applications related to minor expansions may be approved or denied by the director without a public hearing.
(C) The commission or the director may approve an application for modification of a surface mining permit upon making the following findings:
(1) The proposed modification will not be detrimental to the public health, safety and welfare.
(2) The proposed modification is consistent with the requirements of the SMARA, the SMARA Regulations and this chapter.
(3) The proposed modification has been reviewed if and as required by CEQA and any significant, adverse impacts of the proposed modification are mitigated to the extent feasible by conditions imposed pursuant to subsection (D) of this section or otherwise.
(D) The commission or the director may impose such conditions as deemed reasonably necessary when approving a modification of a surface mining permit.
(E) The director shall send a copy of each approved modification of a surface mining permit, any conditions imposed in conjunction with such approval, and relevant supporting documents to the State Department of Conservation.
(Ord. No. 2579)