A.

Purpose and Intent. The Town of Apple Valley recognizes that the extraction of minerals is essential to the continued economic well-being of the Town and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. Therefore, the purpose and intent of this Chapter is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA"; and Public Resources Code Section 2207; and the California Code of Regulations adopted pursuant thereto (14 California Code of Regulations, Sections 3500 et seq.) to ensure that:

1.

The adverse environmental and other effects of surface mining will be prevented or minimized, and that mined lands will be reclaimed to usable condition to provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands; and

2.

The production and conservation of minerals are encouraged while avoiding or minimizing adverse effects on the environment, including, but not limited to, geologic subsidence, air pollution, water quality degradation, damage to wildlife resources, flooding, erosion, degradation of scenic quality, and noise pollution; and

3.

The reclamation of mined lands will be carried out in such a way that the continued mining of valuable minerals will not be precluded; and

4.

Residual hazards to the public health and safety will be reduced.

Authority for approval of surface mining permits and reclamation plans shall be vested with the Town Council. The Planning Commission shall review the proposed Surface Mining and Land Reclamation Permit and make a recommendation to the Council. A public hearing in compliance with the provisions of Section 9.22.120Public Hearings, of this Chapter, shall be required.

For the purpose of this Chapter, the following words and phrases shall be defined as follows:

A.

Haul Road. A road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation;

B.

Idle. To curtail for a period of one (1) year or more surface mining operations by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date (Public Resources Code, Section 2727.1);

C.

Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds formed from inorganic processed and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum (14 California Code of Regulations, Section 3501). For the purpose of this Chapter, minerals shall also include, but not be limited to, sand, gravel, aggregate, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone, and rip-rap;

D.

Operator. Any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property, and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation;

E.

Overburden. Soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations (Public Resources Code, Section 2732);

F.

Person. Any individual, firm, association, corporation, organization or partnership, or any city, county, district of the State, or any department or agency thereof (14 California Code of Regulations, Section 3501);

G.

Reclamation. The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures (Public Resources Code, Section 2733);

H.

Surface Mining Operations. All or any part of the process involved in the mining of minerals or mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

1.

In-place distillation or retorting or leaching;

2.

The production and disposal of mining waste;

3.

Prospecting and exploratory activities (Public Resources Code, Section 2735).

Surface mining operations shall also include the creation of borrow pits, streambed skimming, segregation and stockpiling of mined materials, and recovery of same (14 California Code of Regulations, Section 3501).

The provisions of the California Surface Mining and Reclamation Act of 1975, SMARA, (Public Resources Code, Sections 2710, et seq.), Public Resources Code Section 2207, and the California Code of Regulations implementing the Act (14 California Code of Regulations, Sections 3500 et seq.) and 14 California Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq. (Reclamation Standards), hereinafter also referred to as the "State Regulations", as those provisions may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Chapter are more restrictive than conflicting State provisions, this Chapter shall prevail.

A.

Surface Mining and Land Reclamation Permit. Unless exempted by provisions of this Chapter, any person who proposes to engage in surface mining, or who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this Section, file with and obtain approval from the Town, a Surface Mining and Land Reclamation Permit and a Reclamation Plan in accordance with the provisions set forth in this Chapter and as further provided in Sections 2772 et seq., of the Public Resources Code, and 14 California Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq., and financial assurances for reclamation.

B.

Applicability. A Surface Mining and Land Reclamation Permit shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, and shall be required for the expansion or substantial change of operation of any surface mining operation for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a "nonconforming use" as provided in Chapter 9.07Nonconforming Uses and Structures, of this Code.

C.

Requirement for Reclamation Plans. A Reclamation Plan shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, as well as for those portions of existing surface mining operations which claim to have vested rights pursuant to Public Resources Code Section 2776, unless otherwise exempted from the requirements of SMARA or as set forth herein (Public Resources Code, Section 2770 et seq.).

D.

Exemptions. The provisions of this Chapter shall not apply to the following activities:

1.

Excavations or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster [Public Resources Code, Section 2714(a)];

2.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one (1) location of one (1) acre or less [Public Resources Code, Section 2714(b)];

3.

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose [Public Resources Code, Section 2714(c)];

4.

Such other surface mining operations which the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 because they are of an infrequent nature and involve only minor surface disturbances [Public Resources Code, Section 2714(d)];

5.

Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies [Public Resources Code, Section 2714(f)];

6.

Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased or upon which easements or rights-of-way have been obtained by the Reclamation Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Department of Conservation, a Reclamation Plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the Board adopted pursuant to this Chapter [Public Resources Code, Section 2714 (g)(1)];

7.

Nothing in this Chapter shall require the Department of Water Resources or the Reclamation Board to obtain a permit or secure approval of a Reclamation Plan from the Town in order to conduct surface mining operations specified in paragraph 6 above. Nothing in this Chapter shall preclude the bringing of an enforcement action pursuant to Section 2774.1 of the Public Resources Code if it is determined that a surface mine operator acting under contract with the Department of Water Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with Public Resources Code Sections 2710 et seq. [Public Resources Code, Section 2714(g)(2)].

An exemption under this Ordinance does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the Town, including, but not limited to, application of the California Environmental Quality Act (CEQA, Public Resources Code Sections 2100 et seq.), the requirement of development or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

A.

An application for a Surface Mining and Land Reclamation Permit shall be made on a form provided by the Town Planning Division.

B.

A Reclamation Plan shall be submitted in conjunction with all applications for surface mining operations.

C.

Applications shall include all required environmental review forms and information prescribed by the Director.

The Town shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Chapter and the State regulations, including, but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator of the surface mining and/or reclamation operation, as required by the Town, at the time of filing of the Surface Mining and Land Reclamation Permit Application, and at such other times as are determined by the Town to be appropriate in order to ensure that all reasonable costs of implementing this Chapter are borne by the mining operator.

A.

Within thirty (30) days of acceptance of an application for a Surface Mining and Land Reclamation Permit as complete, the Planning Division shall notify the Director of the State of California Department of Conservation of the filing of the application(s) [Public Resources Code, Section 2774(e)]. Whenever mining operations are proposed in the 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any State highway bridge, the Planning Division shall also notify the State Department of Transportation that the application has been filed (Public Resources Code, Section 2770.5).

B.

The Planning Division shall process the application(s) for environmental review pursuant to the CEQA (Public Resources Code Sections 21000 et seq.).

C.

Subsequent to the appropriate environmental review, the Planning Division shall prepare a staff report with recommendations for consideration by the Commission.

D.

The Commission shall hold at least one (1) noticed public hearing on the application for a Surface Mining and Land Reclamation Permit.

E.

Prior to final approval of a Reclamation Plan, financial assurances (as provided in this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the Planning Commission shall certify to the Director of the State Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of State regulations and submit the plan, assurances, and/or amendments to said Director for review [Public Resources Code, Section 2774(c)]. The Planning Commission may conceptually approve the Reclamation Plan and financial assurance before submittal to the Director of the State Department of Conservation. If necessary, to comply with permit processing deadlines, the Planning Commission may conditionally approve the Surface Mining and Land Reclamation Permit with the condition that the Planning Division shall not issue the permit for the mining operation until financial assurances have been reviewed by the Director of the State Department of Conservation and final action has been taken on the Reclamation Plan and financial assurances.

The Director of the State Department of Conservation shall have forty-five (45) days to prepare written comments on the Reclamation Plan and financial assurance [Public Resources Code, Section 2774(d)]. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the comments of the Director of the State Department of Conservation, the written response shall address, in detail, why specific comments and suggestions were not accepted [Public Resources Code, Section 2774(d)]. Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant.

F.

The Planning Commission shall then take action to approve, conditionally approve, or deny the Surface Mining and Land Reclamation Permit, pursuant to Section 2774 of the Public Resources Code, and to approve the financial assurance pursuant to Section 2770(d) of the Public Resources Code.

G.

The Planning Division shall forward a copy of each approved Surface Mining and Land Reclamation Permit for mining operations, and a copy of the financial assurance to the Director of the State Department of Conservation. By July 1 of each year, the Planning Division shall submit to said Director for each active or idle mining operation, a copy of the Surface Mining and Land Reclamation Permit or Reclamation Plan amendments, as applicable, or a statement that there have been no changes during the previous year [Public Resources Code, Section 2774(e)].

H.

Annual Reports. Surface mining operators shall forward an annual status report to the Director of the State Department of Conservation and the Town Planning Division on a date established by said Director on forms furnished by the State Mining and Geology Board [Public Resources Code, Section 2207 (a)-(g)].

Surface Mining and Reclamation Plans shall contain the following:

A.

The name and address of the operator and the names and addresses of any persons designated as agents for the service of process or notices, and the name and address of all surface and mineral interests in the lands to be mined;

B.

The size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads, sewage disposal systems, water wells and utility facilities on the site or within five hundred (500) feet of such lands, the location of all proposed access roads to be constructed in conducting the mining operation and the names and addresses of the owners of all surface and mineral interests of such lands;

C.

The type and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site and the amount of waste materials to be disposed of off-site, including the method and location of disposal of said waste materials;

D.

The proposed dates for the initiation and termination of such operation, and the progression of all operations of the facility, including time frames for each phase and the estimated life of the operation;

E.

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining of each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the mining operation;

F.

Time lags between mining and reclamation and equipment siting, removal or relocation;

G.

The maximum anticipated depth of the surface mining operation;

H.

The location of equipment, stockpiles, settling ponds, interim drainage, machinery, waste dumps, and areas to be mined;

I.

A description of the physical condition of the site upon the completion of all reclamation, including the proposed uses or potential uses of the reclaimed site and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;

J.

A description of the methods to be used to reclaim the land following mining operations, including a detailed schedule of the phasing and timing of each stage of reclamation and a description of the manner of control of contaminants and disposal of mining waste and a description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition minimizing erosion and sedimentation will occur;

K.

An assessment of the effect of implementation of the Reclamation Plan on future mining in the area;

L.

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands pursuant to the plan; and

M.

Any other information which the Town may require by ordinance, motion or resolution.

A.

All new or revised Reclamation Plans shall conform to minimum State-wide performance standards required pursuant to Public Resources Code Section 2773(b) (14 California Code of Regulations, Article 9, Chapter 8, Sections 3700, et seq.), as adopted by the State Mining and Geology Board, including, but not limited to, wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage and waste management.

B.

The Town may impose additional performance standards developed in review of individual projects, as warranted.

The Town Council may approve a Surface Mining Permit application, in whole or in part, with or without conditions, only if all the following findings supported by fact can be made:

A.

The proposed use would not impair the integrity and character of the district in which it is to be established or located;

B.

The proposed site is suitable for the type and intensity of the proposed mining operation;

C.

The proposed use will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity;

D.

There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety;

E.

The proposed use is consistent with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.); and

F.

The mined lands shall be reclaimed to a usable condition which is readily adaptable for an alternative land use appropriate to the district within which the site is located.

The Town Council may approve a Reclamation Plan, in whole or in part, with or without conditions, only if all the following findings supported by fact can be made:

A.

That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions;

B.

That the Reclamation Plan complies with applicable requirements of the State Regulations (14 California Code of Regulations, Sections 3500 and 3700 et seq.);

C.

That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with this Chapter and the Town's General Plan and any applicable resource plan or element;

D.

That the Reclamation Plan has been reviewed pursuant to the CEQA (Public Resources Code Sections 21000 et seq.) and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

E.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is as compatible with and blends in with the surrounding natural environmental, topography and other resources, or that suitable off-site development will compensate for related disturbances to resource values; and

F.

That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan.

Upon the completion of the required environmental studies and the review of all documents required by this Development Code, a public hearing shall be scheduled for Planning Commission consideration of the proposed Surface Mining and Land Reclamation Permit. The Town Council shall hold a public hearing to consider the Commission's recommendation. Notice of all hearings shall be as set forth in Chapter 9.13 Public Hearings and Notice, of this Code.

The Planning Commission shall make its recommendation and findings in writing to the Town Council and shall transmit a copy thereof to the applicant and the Council.

The Council, after receiving the Commission's recommendation and findings, may either approve, modify or deny the application. The decision of the Council shall be final.

Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance [Public Resources Code, Section 2772(f)], also see Section 9.22.190Interim Management Plans for Idle Mining Operations, of this Chapter. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal or fill, as approved by the Town. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include:

A.

The beginning and expected ending dates for each phase;

B.

All reclamation activities required;

C.

Criteria for measuring completion of specific reclamation activities; and

D.

Estimated costs as provided under Section 9.22.160 below, Financial Assurances for Reclamation Plans.

A.

In order to ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the Town shall require as a condition of approval, security which will be released upon satisfactory performance. The applicant may post security in an acceptable form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, trust funds or other method acceptable to the Town and the Mining and Geology Board (the "Board") as specified in State-wide regulations adopted by the Board, and which the Town reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved Reclamation Plan. Financial assurances shall be made payable to the Town of Apple Valley and the Department of Conservation [Public Resources Code, Section 2773.1(a)(4)].

B.

Financial assurances will be required to ensure compliance with elements of the Reclamation Plan including, but not limited to, revegetation and landscaping requirements; restoration of aquatic or wildlife habitat; restoration of water bodies and water quality; slope stability, erosion and drainage control; disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the Plan shall be monitored by the Planning Division.

C.

The amount of the financial assurances shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year, as provided in subsection F, below. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the Town Manager of Planning Services. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include, but may not be limited to, labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

D.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the Town or State may need to contract with a third party commercial company for reclamation of the site.

E.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed, including any maintenance required [Public Resources Code, Section 2772.1(a) (2)]. If the mining operation is sold, or ownership is otherwise transferred, the existing financial assurances shall remain in full force and shall not be released by the lead agency until new financial assurances are secured by the new owner and have been approved by the lead agency [Public Resources Code, Section 2773.1(c)]. Financial assurances shall be released upon written notifications by the lead agency, which shall be forwarded to the operator and the Director of the Department of Conservation, that the reclamation has been completed in conformance with the reclamation plan [Public Resources Code, Section 2773.1(c)].

F.

The amount of financial assurances required of a surface mining operation for any one (1) calendar year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan [Public Resources Code, Section 2773.1(a)(3)]. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

G.

Revisions to financial assurances shall be submitted to the Town Manager of Planning Services each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

As a condition of approval of a Surface Mining and Land Reclamation Permit, an annual review shall be conducted to evaluate and ensure compliance with the approved Permit including all applicable conditions imposed thereon by the Council. The annual review shall be conducted by staff, and if it appears that the permittee is not in full compliance therewith, a hearing may be noticed by staff for revocation or other appropriate action by the Council, using the general procedures in Chapter 9.13Public Hearings and Notice, of this Code, and in compliance with all applicable provisions of State law, including the Surface Mining and Reclamation Act of 1975.

The Planning Division shall arrange for inspection of a surface mining operation within six (6) months of receipt of the Annual Report required in subsection 9.22.080.H Annual Reports, of this Chapter, to determine whether the surface mining operation is in compliance with the approved Surface Mining and Land Reclamation Permit, approved financial assurances, and State regulations [Public Resources Code, Section 2774(b)]. In no event shall less than one (1) inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the Town Manager of Planning Services and as retained by the Town Council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Planning Division shall notify the Director of the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

A.

Within ninety (90) days of a surface mining operation becoming idle, as defined in this Chapter, the operator shall submit to the Planning Division, a proposed Interim Management Plan [Public Resources Code, Section 2770(h), the "IMP"]. The proposed IMP shall fully comply with the requirements of Public Resources Code Section 2770(h), and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the Surface Mining and Land Reclamation Permit. The proposed IMP shall be processed as an amendment to the Reclamation Plan and shall not be considered a project for the purposes of environmental review [Public Resources Code, Section 2770(h)].

B.

Financial assurances for idle operations shall be continued as addressed in the Reclamation Plan or as otherwise approved through the proposed IMP of the idle mine.

C.

Upon receipt of a complete proposed IMP, the Planning Division shall forward the IMP to the Department of Conservation for review. The IMP shall be submitted to the Department of Conservation at least forty-five (45) days prior to approval by the Planning Commission.

D.

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Town Manager of Planning Services and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this Chapter. The operator shall have thirty (30) days or a longer period mutually agreed upon by the operator and the Town Manager of Planning Services to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within sixty (60) days of receipt. If the Commission denies the revised IMP, the operator may appeal that action to the Town Council.

E.

The IMP may remain in effect for a period not to exceed five (5) years, at which time the Planning Commission may renew the IMP for another period not to exceed five (5) years or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.

If the Town Manager of Planning Services, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Chapter and/or the Surface Mining and Land Reclamation Permit, the Town shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the Town Development Code for revocation and/or abandonment of a Surface Mining and Land Reclamation Permit which are not preempted by SMARA.