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(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)
An Interim Management Plan (required to be submitted pursuant to Section 2770(h) of SMARA) shall include or be accompanied by all of the following:
(a) A cover sheet, or sheets, describing:
(1) The name and address of the person responsible for the mining operation while it is idle;
(2) The date the operation became idle and, if known, the date the operation is expected to resume active status;
(3) A statement outlining reasons for the change in operational status;
(4) A description of the equipment, structures, and other facilities that will remain on the site while the operation is idle; and
(5) A description of expected activity on the site, if any, that will be conducted while the operation is idle, including the estimated annual production from overburden, stockpiles, mining waste, and ore.
(b) A map, or maps, of the site subject to the approved reclamation plan, depicting:
(1) Areas not reclaimed in accordance with the approved reclamation plan, including the location of existing pit slopes and cross-sections of the highest and steepest slopes;
(2) Areas reclaimed in accordance with the approved reclamation plan;
(3) Areas and facilities that will be utilized while the operation is idle; and
(4) The location of all sedimentation ponds, stockpiles, plant facilities, tailings, utilities, and other facilities associated with the surface mining operation.
(c) A drainage plan or description of how erosion and sedimentation will be controlled, including maintenance of sedimentation basins and culverts.
(d) A revegetation plan, if necessary for erosion control or aesthetics, for those areas that will be temporarily replanted. The plan shall explain planting techniques, describe soil amendments to be used, list species to be planted, and include a map delineating areas to be revegetated.
(e) A monitoring maintenance plan, including a description of safety measures, and schedule of activities (such as repairing fences, removing garbage, posting signs, repairing roads, as applicable) that will be followed while the operation is idle to ensure public health and safety and to ensure that the operation is in an environmentally safe and stable condition.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)