Whenever surface mining operations are conducted on an intermittent basis, with one or more years between operating periods, the following procedures shall be followed:

    A.    Interim Management Plans.

    1.    General. Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all surface mining 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. The proposed IMP shall be submitted on forms provided by the planning department, and shall be processed as an amendment to the reclamation plan, with review and consideration of comments by the planning director and other county agencies. IMPs shall not be considered a project for the purposes of environmental review.

    2.    Financial Assurances. 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.    State Review. Upon receipt of a complete proposed IMP, the planning 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 thirty (30) days prior to approval.

    4.    Review Process. Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning commission shall review and act upon the IMP in accordance with this chapter. If denied, the operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The planning commission shall act upon the revised IMP within sixty (60) days of receipt. If the planning commission denies the revised IMP or approves the IMP with conditions with which the operator disagrees, the operator may appeal the action to the board of supervisors within ten calendar days of the decision of the planning commission.

    5.    Length of Term. The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years, or require the operator to commence reclamation in accordance with its approved reclamation plan.

    B.    Closing Down. The operator shall notify the planning director of the intention to close down operations at least thirty (30) days prior to such action. The planning director or his agent shall inspect the site, notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties, environmental resources, and the general public, according to the approved interim management plan, and take appropriate steps to see that necessary corrections are made.

    C.    Starting Up. At least thirty (30) days before starting up inoperative mining operations, the operator shall notify the planning director and his agent, who shall inspect the site. Operations shall not recommence until the planning director has determined that all requirements of the operation’ s surface mining permit and this chapter are met and has authorized such commencement. (Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-119.2)