The Commission or, on appeal, the Board may approve a reclamation plan pursuant to this chapter only if all of the following findings can be made:
(a) That the proposed reclamation plan and financial assurances comply with the Act, the Regulations, and this chapter;
(b) That the proposed mining shall be conducted pursuant to a surface mining permit granted in accordance with this title, or that the operator has vested rights to conduct surface mining pursuant to Section 2776 of the Act;
(c) That the site, during and after reclamation, will not be detrimental to the public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site;
(d) That the proposed reclaimed use is consistent with the General Plan, any applicable specific plans, and the zoning of the site;
(e) That the proposed reclaimed use is compatible with the existing and probable future uses of surrounding lands, as designated in the General Plan;
(f) That the site is physically suitable for the proposed use of the land in its reclaimed condition, giving consideration, but not limited to, such factors as on-site soil conditions, local groundwater conditions, surface water flow, surrounding habitat areas, and public access to the proposed site;
(g) That the estimated financial assurances reasonably approximate the probable costs of carrying out the proposed reclamation plan; and,
(h) That a written response to the State Department of Conservation has been prepared and considered, describing the disposition of major issues raised by the Department. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)