§ 19-71. Plans.
(a)
Application. An application for a reclamation plan approval shall comply with the following procedure:
(1)
A written application for a reclamation plan approval shall be submitted simultaneous with the application for each mining operation plan approval (MOPA). The submittal of the application for reclamation plan approval shall be on an application form approved by the board of county commissioners. The application form shall indicate the required information, which shall include the following:
a.
A proposed reclamation plan for all areas scheduled for reclamation during the time period proposed in the MOPA at an appropriate scale (size of drawing(s) may not exceed thirty-six (36) inches by forty-eight (48) inches) depicting the following:
1.
North arrow, date and scale.
2.
Mine property lines and existing residential structures within five hundred (500) feet of proposed reclamation.
3.
Existing rights-of-way, easements, utility lines or other natural or manmade features of which could be impacted by reclamation.
4.
Pre-mining vegetation.
5.
Pre-reclamation topography.
6.
Post-reclamation topography and drainage.
7.
Cross sections of reclaimed sheer walls or water bodies.
8.
Post-reclamation vegetation.
9.
Structures.
10.
Reclamation phasing.
11.
Greenways if established on or on property immediately adjacent to the area submitted for reclamation.
b.
A post-reclamation vegetation plan, prepared by a qualified professional, which will include a species list and replanting program. This plan may also address wildlife habitat enhancement and post-reclamation maintenance.
c.
A time schedule and the description of the proposed reclamation, consistent with the standards established in section 19-72 of this chapter.
d.
A reclamation report consistent with section 19-75 of this chapter.
e.
A qualified professional's certified estimate of reclamation costs.
(2)
Reserved.
(b)
Review. The application for reclamation plan approval shall be reviewed simultaneous with the MOPA, utilizing the same review procedure established in section 19-32(b) of this chapter.
(c)
Issuance.
(1)
If the application for reclamation plan approval is consistent with the mining master plan approval (MAMPA) and conforms with the provisions of this chapter, a reclamation plan approval shall be issued.
(2)
If the application for reclamation plan approval fails to conform to this chapter, or is not consistent with the maps, an approval shall not be issued and written notice shall be delivered to the applicant stating the reasons for the denial and any modifications in the application which would make it acceptable. The applicant may thereupon modify his application with the county or seek judicial remedy.
(3)
General conditions:
a.
Violation of the conditions of the reclamation plan approval shall be treated as a violation of this chapter and may constitute a basis of enforcement action under article V of this chapter.
b.
A reclamation plan approval shall not be issued prior to the receipt of evidence of reclamation security in accordance with section 19-74 of this chapter.
c.
The plan shall provide that reclamation activities shall be completed within three (3) years after mining has been completed on any segment of the active mining area or prior to the next MOPA.
(d)
Modification. The following provisions are applicable to the modification of a reclamation plan approval:
(1)
Application. The operator may apply at any time for a modification in the reclamation plan approval. An application for modification shall be in writing upon forms furnished by the county. The department may specifically request such reasonable additional information as may be necessary to evaluate the impacts of the proposed mining to ensure that the impacts are consistent with this chapter. The board of county commissioners shall be informed of such request for additional information at a regularly scheduled meeting. If the applicant desires to dispute the necessity for the information requested, the applicant may do so at that time. However, it shall not be necessary to resubmit information which has not changed since the time of prior application, where the applicant files a sworn affidavit stating that such information has not changed.
(2)
Issuance. The department may approve a proposed modification of the reclamation plan approval where it is consistent with the standards of this chapter and the modification is not considered by the department to be substantial in nature. If the department determines that the proposed modification is substantial or is not in conformance with the standards of this chapter, the application for modification shall be brought forward for review by the board.
(3)
Conditions. No modification shall become effective until changes required have been made in the reclamation security, consistent with section 19-74 of this chapter.
(Ord. No. 93-13, § D-1, 6-29-93)