391-6. Legally Vested Mining Operations.
(a) Continuance and modification. Subject to the limitations of law, including but not limited to those expressed in this chapter and in the Act, the operator of a legal vested surface mining operation may continue, provided that the operation does not undergo substantial alteration, expansion, or modification. However, only the Use Permit requirements of this ordinance are not applicable to vested operations. All operations, vested or otherwise, must meet all other requirements for permits, reclamation plans and financial assurances except to the extent that such permits, plans or assurances are not required by state law or regulations. (For example, section 2776 of the Act does not require the reclamation plan to include certain portions of property which were impacted solely by mining operations which occurred prior to January 1, 1976.) See section 2773.1 for the current requirements for financial assurances. A vested rights application shall be administratively processed and approved by the Planning Department, provided that notice of the application has been given pursuant to the Chapter. If any objection is made to the Department regarding its action on the application for vested right, the application shall be processed and acted upon by the Planning Commission, with a right of appeal to the Board of Supervisors pursuant to the general appeal provisions of this Code. (Ord. 2117, 5/28/1996)