§ 88-11.840. Interim management plans (IMPs).

(a)

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the community development department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to, all site approval conditions, and shall provide measures the operator shall 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 community development department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

(b)

Financial assurances for idle operations shall be maintained by the operator of the quarry as though the operation were active, or as otherwise approved through the idle mine's IMP.

(c)

Upon receipt of a complete proposed IMP, the community development department will forward the IMP to the State Department of Conservation for review. The IMP will be submitted to the State Department of Conservation at least thirty days prior to approval by the zoning administrator.

(d)

Within sixty days of receipt of the proposed IMP, or a longer period mutually agreed upon by the director of community development and the operator, the zoning administrator will review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the director of community development, to submit a revised IMP. The zoning administrator will approve or deny the revised IMP within sixty days of receipt. If the zoning administrator denies the revised IMP, the operator may appeal that action to the planning commission.

(e)

The IMP may remain in effect for a period of not to exceed five years, at which time the zoning administrator may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

(Ord. 2000-18; § 11).

Article 88-11.10. Other Requirements