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(a) Deadline for Submittal of Interim Management Plan (IMP). Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Department a proposed Interim Management Plan (IMP).
(b) IMP Submittal Requirements.
(1) The proposed IMP shall fully comply with the requirements of SMARA and all Conditional Use Permit conditions and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety.
(2) The proposed IMP shall be submitted on forms provided by the Department and shall be processed as an amendment to the Reclamation Plan.
(3) An IMP shall not be considered a project for the purposes of environmental review.
(c) Continuation of Security Required. Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine’s IMP.
(d) State Department of Conservation Review. Upon receipt of a complete proposed IMP, the Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days before approval by the Director.
(e) Director’s Action on IMP. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director and the operator, the Director shall review and approve or deny the IMP in compliance with this Chapter. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director, to submit a revised IMP. The Director shall approve or deny the revised IMP within 60 days of receipt. If the Director denies the revised IMP, the operator may appeal that action in compliance with Chapter 86.08 (Appeals).
(f) Duration of Approved IMP. The IMP may remain in effect for a period not to exceed five years, at which time the Director may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in compliance with its approved Reclamation Plan.
(Ord. 4011, passed - -2007)