Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances by the planning commission, the planning director shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a surface mining permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the surface mining permit. However, the planning commission may defer action on the surface mining permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the surface mining permit with the condition that the planning department shall not issue the surface mining permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

    Pursuant to PRC § 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission’ s approval. In particular, when the planning commission’ s position is at variance with the recommendations and objections raised in the state’ s comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant. (Ord. 99-60 (part))