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(a) Time limitation.

(1) Use Permit and Reclamation Plan applications. Upon receipt of an application for a Use Permit and/or a Reclamation Plan for a surface mining operation, the Planning Department shall notify the applicant within 30 days as to the adequacy and completeness of the application.

(2) Time for review. The review procedure, including the holding of the public hearing, shall be completed within one hundred twenty (129) days of the filing of the complete Reclamation Plan (this time frame allows 30 days for State agencies’ (other than CalTrans) review of the plan, 45 days for the State review of the financial assurances (and for review by CalTrans if the project is located within the one hundred year flood plain or within one mile of a State Highway bridge), and 30 days for processing time by County staff after the State responses have been received; all reasonable efforts will be made by County staff to process projects as quickly as possible). Compliance with this requirement shall be subject to time constraints imposed in accord with § 2774(d) of the Public Resources Code and the California Environmental Quality Act (CEQA). A failure by the State or County to meet these deadlines shall not result in an automatic approval of the plan or project.

(b) Simultaneous processing. Applicants are urged to submit all required applications and supporting documents at the same time. In the event that an application for a Use Permit for a surface mining operation and a Reclamation Plan are submitted for approval pertaining to a same project, then review and processing of the Reclamation Plan shall occur simultaneously with that of the Use Permit application. Either concurrent with or prior to the issuance of a Use Permit, the Reclamation Plan shall have been approved. Submitting all required documentation for simultaneous processing may avoid multiple hearings and may reduce the time and cost of processing the applications. It should be noted that Section 2772(b) of the Act requires that “all documentation for the Reclamation Plan shall be submitted to the lead agency (County) at one time.”

(c) Public record. Applications, Reclamation Plans, interim management plans and other documents submitted in support of this Chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or any part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to the State Geologist and to persons authorized to receive such proprietary information. Such authorization shall be presented to the County in writing by the operator.

(d) Inspection and review.

(1) Inspections: . In accord with § 2774(b) of the Public Resources Code, the Planning Director shall cause periodic inspections, but not less than annually, of each active or idle surface mining operation to determine whether the surface mining operation is in compliance with the Act, State Regulations, this ordinance and any applicable permit conditions. At least annually, an inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation’s annual report submitted pursuant to §2207 of the Public Resources Code and Paragraph (E), below.

(2) Costs of inspections. The cost of any inspection(s) required by Paragraph (D)(2), above, shall be borne by the operator. In causing the performance of these inspections, the Planning Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection.

(e) Annual report. In compliance with Section 2207 of the Act, the owner, manager or other person in charge of any surface mining operation shall forward an annual report to the Director of the State Department of Conservation on forms furnished by the State Mining and Geology Board. Such annual report shall be in accord with instructions included with the forms, and shall include all information required by the Act (see section 2207(a), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Department on or before the anniversary date established by the Director of the State Department.

(f) Appeals. Decisions of the Planning Director, Zoning Administrator, or Planning Commission required by this Chapter may be appealed in the manner set forth in the Humboldt County Code. An applicant, whose request for a permit to conduct surface mining operations in an area of regional or statewide significance has been denied by County action, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance may, within fifteen days of exhausting his rights to appeal in accordance with this section, appeal to the State Mining and Geology Board in accordance with the provisions of Section 2775 of the Public Resources Code.

(g) Enforcement.

(1) Violation-Public Nuisance. Any violation of this chapter is unlawful and is hereby deemed to be a public nuisance, and shall be abated, eliminated and enjoined as provided by the Humboldt County Code and/or any other provision of law. Any person or entity operating without legal authorization shall cease activities immediately.

(2) Violation-Noncompliance.

(A) If the Planning Director should determine that a permitted or otherwise legally authorized operator is not in compliance with the provisions of this Chapter, the County, in conformance with § 2774.1(a)of the Public Resources Code, shall, to the extent feasible with the resources available to the County, notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County’s notification, an order shall be sent by personal service or certified mail requiring the operator to comply with this Chapter, or, if the operator does not have an approved Reclamation Plan or financial assurances, cease all further mining activities. See, Section 2774.1(a) of the Act.

(B) An order issued under Paragraph 391-9(g)(2)(A) above shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any order issued under the Section cited above shall specify which aspect of the surface mine’s activities or operations are inconsistent with this Chapter and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than 30 days after the date of the order.

(C) Any operator who violates or fails to comply with an order issued under Paragraph 391-9(g)(2)(A) above after the order’s effective date shall be subject to an order by the County or the State Director imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with any provision of Chapter 9 of Division 2 and/or Section 2207 of the Public Resources Code.

(D) Any operator who fails to submit a timely report to the Planning Department pursuant to subsection (e) of this section (see above), and § 2207 of the Public Resources Code, shall be subject to any order issued by the County imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with subsection (e) above, and/or § 2207 of the Public Resources Code.

(E) The State Department of Conservation shall notify the Planning Department of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in §2774.1 of the Public Resources Code, the County shall have primary jurisdiction and responsibility of administering this Chapter and the State Act and Regulations.

(F) Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, Use Permit revocation proceedings. (Ord. 2117, 5/28/1996)