1. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Division a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all Conditions of Approval conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Division, and shall be processed as an amendment to the Reclamation Plan. IMP's 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 were active, or as otherwise approved through the idle mine's IMP.
3. Upon receipt of a complete proposed IMP, the Planning Division 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 prior to approval by the Director of Community Development and Housing.
4. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by theDirector of Community Development and Housing and the operator, the Director shall review and approve or deny the IMP in accordance with this Chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the Director of Community Development and Housing, to submit a revised IMP. The Director of Community Development and Housing shall approve or deny the revised IMP within sixty (60) days of receipt. If the Director of Community Development and Housing denies the revised IMP, the operator may appeal that action to the Planning Commission.
5. The IMP may remain in effect for a period not to exceed five years, at which time the Director of Community Development and Housing may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.
(Ord. MC-1625, 2-21-24)