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(a) Interim Management Plan. Within 90 days of a surface mining operation becoming idle, as defined in the Act (see current sections 2727.1 and 2770(h), the operator shall submit to the Planning Department for review and approval an Interim Management Plan, accompanied by any required fees. The Interim Management Plan shall describe measures the operator will implement to maintain the site in compliance with the State Act and Regulations, with this ordinance, and with all permit conditions. Any applicable fees shall be submitted with the plan.

(b) Term of plan. the Interim Management Plan may remain in effect for a period not to exceed five (5) years, at which time the County shall do one of the following:

(1) Renew the Interim Management Plan for no more than one additional period, not to exceed five (5) years, provided the County finds that the operator has complied fully with the Interim Management Plan; or,

(2) Require the operator to commence reclamation in accordance with the approved reclamation plan.

(c) Financial assurances. Financial assurances as required by the Act, Regulations and this ordinance shall remain in effect during the period the surface mining operation is idle.

(d) Interim Management Plan approval. The receipt of an Interim Management Plan by the Planning Department shall be considered and processed as an amendment to the approved reclamation plan. In Interim Management Plan for Idle Mines shall be considered a minor amendment to the approved Reclamation Plan and shall be processed administratively pursuant to subsection 391-5.B.4., above. Section 2770(h) of the Act provides that the review and approval of the Interim Management Plan is not a project for purposes of CEQA (Public Resources Code section 21000 and following.)

(e) Forfeiture of Use Permit. The operator of a surface mining operation which has been abandoned, as defined in State or local SMARA law and regulations, for a period exceeding one (l) year shall forfeit the Use Permit and commence reclamation in accordance with the approved Reclamation Plan. (Ord. 2117, 5/28/1996)