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Any application for a reclamation plan which is denied, shall be revised as directed by the authority denying it and resubmitted within 120 days of such denial. All resubmitted applications shall be accompanied by a fee of $250 paid to the County unless said fee is waived by the decisionmaker, for cause.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
(a) An approved Reclamation Plan, or any conditions thereof, may be modified using the same procedures for processing a new application, including environmental review. The application fee and deposit for a Reclamation Plan modification shall be the same as that required for a modification of a Major Use Permit. If both a Major Use Permit and Reclamation Plan modification are applied for concurrently, the fee and deposit are the same as for a modification of a Major Use Permit. The County shall send a copy of all applications to modify Reclamation Plans to the Director of Conservation for review in sufficient time before the County acts on the application, to allow the Director of Conservation 30 days to review the application after receipt of the documents.
A modification to an approved Reclamation Plan shall be filed with the San Diego County Recorder pursuant to Section 87.705(f).
(b) The County Official may approve minor amendments to the Reclamation Plan in the same manner as a Minor Deviation to a Major Use Permit. A minor amendment is a change to the approved Reclamation Plan that the Director determines will not increase any deleterious impact the project has on the environment or the conditions of the project's approved Major Use Permit or Reclamation Plan. The application fee for a minor amendment to an approved Reclamation Plan shall be the same as that required for a Minor Deviation of Major Use Permit.
(c) Pursuant to Section 2774 of SMARA, any modification or amendment to a Reclamation Plan shall be forwarded to the Director of Conservation. The Director of Conservation shall have 30 days to provide written comments.
(d) The County Official may modify or revoke a reclamation plan for cause, upon the grounds and upon following the same procedures as are specified regarding grading permits at Section 87.216 of this Division.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04; amended by Ord. No. 10119 (N.S.), effective 2-25-11)
(a) The County Official shall inspect each surface mining site at least once each calendar year within 6 months of receipt of a copy of the mining operation's annual report, filed with the State pursuant to Section 2207 of SMARA. A copy of the completed inspection report shall be forwarded to the Director of Conservation, within thirty days of inspection using a form approved by the State.
(b) The mining operator or permittee shall provide to the County Official by each July 1, aerial photographs of the mining site taken in the same month of the second quarter of each year. The aerial photographs shall consist of:
(1) Defined, marked and permanent ground controls; and
(2) Planimetric map of the mining site based on the aerial models with 5" contours and drawn to 1" = 200' scale.
(c) Upon the request of a mining operator or permittee, the County Official may waive the requirement for the aerial photographs on a case by case basis, such as when only channel maintenance is involved or when no excavation has been accomplished since the last inspection, or may adjust the quarter of each year in which the aerial photographs are taken.
(d) Each surface mining operator or permittee shall pay an annual inspection deposit to the County Official by July 1 of each year unless otherwise stated in an approved Reclamation Plan. The amount of the deposit shall be as determined by the Board of Supervisors. This amount shall apply for the first year to all existing surface mining operations and for the first year of any new mining operation. Thereafter, the County Official will determine the amount of the deposit annually based on the cost to inspect each surface mining operation. If the County Official determines that the annual inspection should include volume calculations or a boundary survey, the cost for this work shall be included in the deposit. The County Official shall notify each mining operator by May 1 each year of the amount of the deposit. The amount of the deposit required shall not be construed as a limitation on the liability of the operator or permittee.
(e) If, after inspecting the mining operation, the County Official determines that it does not comply with the Major Use Permit or Reclamation Plan, he or she shall notify the mining operator in writing of the non-compliance and shall give the mining operator a reasonable time, not to exceed 180 days, to comply. If at the end of this time the mining operation still does not comply with the Major Use Permit or Reclamation Plan, the County Official may:
(1) Pursue the remedies specified at Section 2774.1 of SMARA, if the Major Use Permit or Reclamation Plan violation(s) are also violations of said Section;
(2) Pursue the remedies specified in the Zoning Ordinance for violation of a Major Use Permit, including revocation or modification for cause; and/or
(3) Pursue the remedies specified in Chapter 1 of this Division.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
Whenever any surface mining operation or portion of an operation subject to this Division is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of any reclamation plan approved pursuant to the provisions of this Division and shall notify and provide evidence of the transfer to the County Official no later than thirty days from the date of the transfer.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
All final grades established pursuant to the major use permit plot plan or reclamation plan shall comply with the "Design Standards -- Performance Requirements" contained in Chapter 4 of this Division; except that the requirement of 90% compaction of fills and the requirements of Section 87.425 "Completion of Work -- Final Reports" may be waived by the County Official. All soil engineer's reports relative to the grading of the property shall be maintained and be made available to the County Official prior to placement of any permanent structure on the property.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
An idle mine (as defined by SMARA) must meet all of the following requirements:
(a) Obtain County approval of an Interim Management Plan, pursuant to Section 2770(h) of SMARA and Section 87.714 of this Division. Costs of review of Interim Management Plans shall be charged to the annual inspection deposit;
(b) Comply with the requirements for financial assurance;
(c) Submit the annual report required by Section 2207 of SMARA; and
(d) Submit to an annual inspection, pursuant to Section 2774 of SMARA.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
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