(A) Abandonment ends right to operate. No surface mining operation whether existing before or after the effective date of the ordinance codified in this chapter, with or without a permit, shall have the right to continue if the operator abandons the surface mining operation.
(B) Interim management plan. However, there shall be no determination of abandonment if an operator submits an interim management plan as specified in this section.
(1) Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Division of the Resource Management Agency a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to, all use permit and reclamation plan conditions, and shall provide measures the operator will implement during its idle status to maintain the site in a stable condition and in compliance with this chapter, taking into consideration public health and safety. The proposed IMP shall be processed as an amendment to the reclamation plan in accordance with § 19.13.009 of this chapter. IMPs shall not be considered a project for the purposes of environmental review.
(2) Financial assurances for idle operations shall be maintained, as though the operation was active, or as otherwise approved through the idle mine's IMP.
(3) Within 45 days of receipt of the proposed IMP, the Resource Management Agency shall review the IMP in accordance with this chapter.
(a) If the Planning Director finds that the proposed IMP satisfies all applicable requirements, the County shall submit the IMP, including a revised IMP, to the Supervisor for review and certify to the Supervisor that the IMP is a complete submission and compiles with this chapter, SMARA, and state regulations.
(b) If the Planning Director finds deficiencies in the proposed IMP, the County shall notify the operator in writing of the deficiencies in the IMP. The operator shall have 30 days, or a longer period mutually agreed upon by the County and the operator, to submit a revised IMP.
(4) After receipt of the proposed IMP, the Supervisor shall have 30 days to prepare written comments on the IMP, if he or she elects to do so.
(5) The County shall review and evaluate written comments received from the Supervisor relating to the IMP within a reasonable amount of time.
(6) The County shall prepare a written response to the Supervisor's comments received describing the disposition of the major issues raised by the comments. The County shall submit its response to the Supervisor and the operator at least 30 days prior to the intended approval of the IMP. The County's response shall include either of the following:
(a) A description of how the County proposes to adopt the Supervisor's comments to the IMP.
(b) A detailed description of the reasons why the County proposes not to adopt the Supervisor's comments.
(7) The County shall approve or deny approval of the proposed IMP within 60 days of receipt of the Supervisor's comments or within 90 days of submitting the IMP to the Supervisor if no comments are received from the Supervisor.
(8) Where the Supervisor has commented, the County shall give the Supervisor at least 30 days’ written notice of the time, place, and date of the hearing at which the IMP is scheduled to be approved by the County, or, if no hearing is required by this chapter, SMARA, or other law shall provide 30 days’ written notice to the Supervisor that the County intends to approve the new IMP.
(9) Within 30 days following the approval of the IMP, the County shall provide the Supervisor notice of the approval and a copy of the approved IMP.
(10) If the Planning Commission denies the revised IMP, the operator may appeal that action to the Board of Supervisors, which shall schedule a public hearing within 45 days of the filing of the appeal or a longer period mutually agreed upon by the operator and the Board of Supervisors.
(11) Unless review of an IMP is pending before the County or an appeal is pending before the Board of Supervisors, a surface mining operation that remains idle for over one year after becoming idle, as defined in PRC § 2727.11 without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.
(12) The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission shall do one of the following:
(a) Renew the IMP for another period not to exceed five years, which may be renewed for one additional five-year renewal period at the expiration of the first five-year renewal period, if the County finds that the surface mining operator has complied fully with the IMP; or
(b) Require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.
(Ord. 1057, § 3 (part), 2023)