§ 27-445 — Approval of community notice or major modification

A. The state mine inspector shall approve or disapprove a community notice for a new aggregate mining operation or major modification within sixty days after the notice is filed by the owner or operator of the aggregate mining operation.

B. The inspector shall approve the community notice for a new aggregate mining operation or a major modification if:

1. The notice filed with the inspector contains the information required by section 27-442, subsection C or the major modification filed with the inspector is complete pursuant to section 27-442, subsection E.

2. The fee prescribed in section 27-443 is paid.

3. The community notice or major modification filed with the inspector is mailed to property owners as required by section 27-444, subsection A.

4. The designated community representative attends and responds to questions if a public meeting is held pursuant to section 27-444, subsections B and C.

C. If the inspector disapproves a community notice or major modification, the inspector must include with the disapproval a written explanation stating the reasons for denial, including recommendations for correcting the unacceptable parts of the community notice or major modification.

D. Community notices for existing aggregate mining operations filed pursuant to section 27-442, subsection H are considered to be approved on submission to the inspector.

E. The owner or operator of any aggregate mining operation shall operate according to an approved original or modified community notice.