§ 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
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