§ 2-20-4. Applicability.

(1)

This chapter shall apply to master mining plans and operating permits for which applications were filed on or after July 1, 2004, and to significant amendments to master mining plans or operating permits existing on the effective date of this chapter, for which applications were filed on or after July 1, 2004, pursuant to the regulations and requirements established herein.

(2)

Master mining plans approved prior to the effective date of this chapter shall remain in full force and effect. Provided, however, in the event the holder of such a master mining plan applies for a significant amendment thereto, the approval of a significant amendment shall meet the requirements of this Ordinance, unless such significant amendment, or a portion thereof, is exempted from this chapter pursuant to subsection (5) or (6), below. The county may require additional changes to the master mining plan not subject to the significant amendment to bring it into further compliance with this chapter, except to the extent such master mining plan is exempted from this chapter pursuant to subsection (5) or (6), below.

(3)

Operating permits approved prior to the effective date of this chapter shall remain in full force and effect, and all mining activities conducted pursuant to such operating permits shall be deemed to comply with this chapter if such mining activities are conducted in accordance with the original Ordinance No. 81-22. Provided, however, in the event the holder of such an operating permit applies for a significant amendment thereto, the approval of the significant amendment shall meet the requirements of this chapter, unless such significant amendment, or a portion thereof, is exempted from this chapter pursuant to subsection (5) or (6) hereof. The county may require additional changes to the operating permit not subject to the significant amendment to bring it into compliance with this chapter, except to the extent such operating permit is exempted from this chapter pursuant to subsection (5) or (6), below. Upon the expiration date of such an operating permit, any application for a new operating permit, whether or not governed by a master mining plan approved prior to the effective date of this chapter, shall meet the requirements of this chapter, except to the extent such operating permit is exempted from this chapter pursuant to subsection (5) or (6), below.

(4)

All applications for new master mining plans and operating permits for mining within areas covered by such new master mining plans filed on or after the effective date of this chapter, and all mining activities conducted pursuant thereto, shall meet the requirements of this chapter, except to the extent exempted from this chapter pursuant to subsection (6), below.

(5)

An applicant seeking an operating permit, or approval of a significant amendment thereto, or approval of a significant amendment to a previously approved master mining plan, may apply for and may be granted a vested rights exemption from one or more of the requirements of this chapter, provided the following conditions are met:

(a)

The applicant shall specifically:

1.

Identify those provisions from which it seeks a vested rights exemption;

2.

State the reasons why such a vested rights exemption should be granted; and

3.

Describe in detail how the applicant will meet the requirements of subsection (d), below, if the vested rights exemption is granted;

(b)

An operating permit, or significant amendment thereto, for which the applicant seeks a vested rights exemption shall be governed by, and meet the requirements of, an existing master mining plan applicable to the same area that is subject to the operating permit, that was approved prior to the effective date of this chapter, or, in the case of a significant amendment to a master mining plan, the significant amendment shall satisfy the original intent of the county in its approval of the existing master mining plan;

(c)

The board shall make a specific finding that failure to grant the vested rights exemption will deprive the applicant of a vested property right, based upon (i) whether the applicant has relied in good faith, (ii) upon the standards and requirements applicable pursuant to the original Ordinance No. 81-22, and (iii) as a result, has made a substantial change or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired by the applicant; and

(d)

The board shall make a specific finding that the elements or aspects of the operating permit, or significant amendment thereto, or significant amendment to the master mining plan, that are the subject of the vested rights exemption would have met the requirements of the original Ordinance No. 81-22 were it in effect.

Except as provided below, a vested rights exemptions will be considered for approval concurrently with the consideration of the master mining plan, operating permit or significant amendment to which such vested rights exemption pertains. Provided, however, an applicant may request a single preliminary vested rights exemption, to be considered for approval in advance of the hearings for the application for the master mining plan, operating permit or significant amendment to which such vested rights exemption pertains (hereinafter, a "preliminary vested rights exemption"). A vested rights exemption shall exempt an applicant from only those requirements of this chapter specifically identified in the vested rights exemption.

(6)

An applicant seeking a master mining plan, an operating permit, or approval of a significant amendment thereto, may apply for and be granted a specific approval for an exemption from one or more of the requirements of this chapter, provided the following conditions are met:

(a)

The applicant shall specifically:

1.

Identify those provisions from which it seeks an exemption;

2.

State the reasons why such an exemption should be granted; and

3.

Describe in detail show [how] the applicant will meet the requirements of subsection (c), below, if the exemption is granted;

(b)

The board shall make a specific finding that granting the exemption will substantially satisfy the intent and purpose of this chapter; and

(c)

The board shall make a specific finding that the elements or aspects of the master mining plan, operating permit, or significant amendment thereto, that are the subject of the exemption would have met the requirements of the original Ordinance No. 81-22 were it still in effect.

(7)

The approval of a master mining plan and/or the issuance of an operating permit for which the county received an application before July 1, 2004, shall not be subject to the provisions of this chapter, but shall comply with the original provisions of Ordinance No. 81-22, unless such application expires or is substantially amended to increase the adverse impacts of the subject mining activities, in which case such application will be deemed to have been filed on the date of such amendment.

(Ord. No. 04-39, § I(D), 11-2-04)