§ 23-2711 — Permits

§ 23-2711. Permits.\n 1. After September first, nineteen hundred ninety-one, any person who\nmines or proposes to mine from each mine site more than one thousand\ntons or seven hundred fifty cubic yards, whichever is less, of minerals\nfrom the earth within twelve successive calendar months or who mines or\nproposes to mine over one hundred cubic yards of minerals from or\nadjacent to any body of water not subject to the jurisdiction of article\nfifteen of this chapter or to the public lands law shall not engage in\nsuch mining unless a permit for such mining operation has been obtained\nfrom the department. A separate permit shall be obtained for each mine\nsite.\n 2. Applications for permits may be submitted for annual terms not to\nexceed five years. A complete application for a new mining permit shall\ncontain the following:\n (a) completed application forms;\n (b) a mined land-use plan;\n (c) a statement by the applicant that mining is not prohibited at that\nlocation; and\n (d) such additional information as the department may require.\n 3. Upon receipt of a complete application for a mining permit, for a\nproperty not previously permitted pursuant to this title, a notice shall\nbe sent by the department, by certified mail, to the chief\nadministrative officer of the political subdivision in which the\nproposed mine is to be located (hereafter, "local government"). Such\nnotice will be accompanied by copies of all documents which comprise the\ncomplete application and shall state whether the application is a major\nproject or a minor project as described in article seventy of this\nchapter.\n (a) The chief administrative officer may make a determination, and\nnotify the department and applicant, in regard to:\n (i) appropriate setbacks from property boundaries or public\nthoroughfare rights-of-way,\n (ii) manmade or natural barriers designed to restrict access if\nneeded, and, if affirmative, the type, length, height and location\nthereof,\n (iii) the control of dust,\n (iv) hours of operation, and\n (v) whether mining is prohibited at that location.\n Any determination made by a local government hereunder shall be\naccompanied by supporting documentation justifying the particular\ndeterminations on an individual basis. The chief administrative officer\nmust provide any determinations, notices and supporting documents\naccording to the following schedule:\n (i) within thirty days after receipt for a major project,\n (ii) within thirty days after receipt for a minor project.\n (b) If the department finds that the determinations made by the local\ngovernment pursuant to paragraph (a) of this subdivision are reasonable\nand necessary, the department shall incorporate these into the permit,\nif one is issued. If the department does not agree that the\ndeterminations are justifiable, then the department shall provide a\nwritten statement to the local government and the applicant, as to the\nreason or reasons why the whole or a part of any of the determinations\nwas not incorporated.\n (c) A proposed mine of five acres or greater total acreage, regardless\nof length of the mining period, shall be a major project. The department\nshall, by regulation, provide a minimum thirty day public comment period\non all permit applications for mined land reclamation permits classified\nas major projects.\n 4. Upon approval of the application by the department and receipt of\nfinancial security as provided in section 23-2715 of this title, a\npermit shall be issued by the department. Upon issuance of a permit by\nthe department, the department shall forward a copy thereof by certified\nmail, to the chief executive officer of the county, town, village, or\ncity in which the mining operation is located. The department may\ninclude in permits such conditions as may be required to achieve the\npurposes of this title.\n 5. A permit issued pursuant to this title or a certified copy thereof,\nmust be publicly displayed by the permittee at the mine and must at all\ntimes be visible, legible, and protected from the elements.\n 6. The department may suspend or revoke a permit to mine for repeated\nor willful violation of any of the terms of the permit or provisions of\nthis title or for repeated or willful deviation from those descriptions\ncontained in the mined land-use plan. The department may refuse to renew\na permit upon a finding that the permittee is in repeated or willful\nviolation of any of the terms of the permit, this title or any rule,\nregulation, standard, or condition promulgated thereto.\n 7. Nothing in this title shall be construed as exempting any person\nfrom the provisions of any other law or regulation not otherwise\nsuperseded by this title.\n 8. Notwithstanding any other provision of law, counties, cities, towns\nand villages shall be exempted from the fees for the permit,\napplication, amendment and renewal required by this article.\n 9. Counties, cities, towns and villages shall not be required to\nobtain a permit if such county, city, town or village mines or proposes\nto mine from any mine site less than one thousand tons or seven hundred\nfifty cubic yards, whichever is less, of minerals from the earth within\ntwelve successive calendar months and which does not require a permit\npursuant to title five of article fifteen of this chapter.\n 10. The applicant, permittee or, in the event no application has been\nmade or permit issued, the person engaged in mining shall have the\nprimary obligation to comply with the provisions of this title as well\nas the conditions of any permit issued thereunder.\n 11. Permits issued pursuant to this title shall be renewable. A\ncomplete application for renewal shall contain the following:\n (a) completed application forms;\n (b) an updated mining plan map consistent with paragraph (a) of\nsubdivision one of section 23-2713 of this title and including an\nidentification of the area to be mined during the proposed permit term;\n (c) a description of any changes to the mined land-use plan; and\n (d) an identification of reclamation accomplished during the existing\npermit term.\n 12. The procedure for transfer of a permit issued pursuant to this\ntitle is the procedure for permit modification pursuant to article\nseventy of this chapter.\n 12-a. (a) Notwithstanding any provision of this section to the\ncontrary, any person who engages in or proposes to engage in bluestone\nmining exploration shall not commence such exploration unless a written\nauthorization for such exploration has been obtained from the\ndepartment. The department may grant an authorization for bluestone\nmining exploration for a period of at least one hundred eighty days and\nnot to exceed one year where the land affected by mining will not exceed\none acre, and is not adjacent to any body of water. Bluestone to be\nremoved from the site may not exceed five hundred tons in twelve\nsuccessive calendar months and any overburden shall remain on the one\nacre site at all times. As used in this subdivision, the term\n"bluestone" means quartz/feldspathic sandstone of Devonian age, which is\neasily separated along bedding planes.\n (b) Only persons with five or fewer employees shall be eligible to\napply for an authorization for bluestone mining exploration, provided,\nhowever that a small business shall be eligible to apply on behalf of\nsuch a person. A person may possess no more than five authorizations for\nbluestone mining exploration at any one time, and no such authorizations\nshall be for adjacent sites. As used in this paragraph, "small business"\nmeans any business which is resident in this state, independently owned\nand operated, not dominant in its field, and employing not more than one\nhundred individuals.\n (c) An application for authorization must be submitted on a form\nprescribed by the department at least forty-five days before exploration\nand removal of bluestone is expected to commence. The requirements of\nsuch application shall include, but not be limited to, a description of\nthe proposed activity, a map showing the area to be affected by mining,\nwith the location of the one acre site on which mining activities are\nproposed and a statement that such mining activities conform with local\nzoning, copies of any local permits, and measures to control erosion of\nsediment and prevent contamination of groundwater or adverse impacts to\naquifers. Upon receipt of a complete application for bluestone mining\nexploration authorization, for a property not previously authorized\npursuant to this subdivision, a notice shall be sent by the department,\nby certified mail, to the chief administrative officer of the political\nsubdivision in which the proposed bluestone mine is to be located. Such\nnotice shall be accompanied by copies of all documents which comprise\nthe complete application. The chief administrative officer may make a\ndetermination within thirty days after receipt accompanied by supporting\ndocumentation justifying the particular determinations on an individual\nbasis pursuant to subparagraphs (i), (ii), (iii), (iv) and (v) of\nparagraph a of subdivision three of this section.\n (d) An authorization for bluestone mining exploration issued pursuant\nto this subdivision must be publicly displayed by the holder at the one\nacre site and must at all times be visible, legible and protected from\nthe elements.\n (e) The person engaged in bluestone mining exploration shall complete\nreclamation, in accordance with requirements set forth by the\ndepartment, no later than one year from the date of authorization by the\ndepartment unless the person engaged in mining obtains a renewal of the\nauthorization or a permit pursuant to this title. An authorization\nissued pursuant to this section may be renewed for an additional one\nyear term upon application to the department at least thirty days prior\nto the expiration of the authorization. The total authorization period\nshall not exceed two years. Before the department may issue a bluestone\nmining exploration authorization, the applicant shall furnish acceptable\nfinancial security. Department review of acceptable financial security\nshall be governed by the provisions set forth in section 23-2715 of this\ntitle and the regulations promulgated pursuant to such section. There\nshall be no fee for such authorization.\n (f) On or before March fifteenth, two thousand eight, the department\nshall submit a report to the governor and legislature regarding\nbluestone mining exploration in the state. Such report shall list the\nsites, including locations of sites, and detrimental environmental\nimpacts, if any, an assessment as to the degree to which the adoption of\nthis subdivision benefits the environment, as well as an assessment of\nthe enforcement activities undertaken against individuals authorized\npursuant to this subdivision.\n 13. The rules and regulations adopted by the department to implement\nthis title and the provisions of article seventy and rules and\nregulations adopted thereunder shall govern permit applications,\nrenewals, modifications, suspensions and revocations under this title.\n