Section 23-2711. Permits

1.  After September first, nineteen hundred ninety-one, any person who
  mines or proposes to mine from each mine site  more  than  one  thousand
  tons  or seven hundred fifty cubic yards, whichever is less, of minerals
  from the earth within twelve successive calendar months or who mines  or
  proposes  to  mine  over  one  hundred  cubic  yards of minerals from or
  adjacent to any body of water not subject to the jurisdiction of article
  fifteen of this chapter or to the public lands law shall not  engage  in
  such  mining unless a permit for such mining operation has been obtained
  from the department. A separate permit shall be obtained for  each  mine
  site.
    2.  Applications  for permits may be submitted for annual terms not to
  exceed five years. A complete application for a new mining permit  shall
  contain the following:
    (a) completed application forms;
    (b) a mined land-use plan;
    (c) a statement by the applicant that mining is not prohibited at that
  location; and
    (d) such additional information as the department may require.
    3.  Upon  receipt of a complete application for a mining permit, for a
  property not previously permitted pursuant to this title, a notice shall
  be  sent  by  the  department,  by  certified   mail,   to   the   chief
  administrative  officer  of  the  political  subdivision  in  which  the
  proposed mine is to be located  (hereafter,  "local  government").  Such
  notice will be accompanied by copies of all documents which comprise the
  complete  application and shall state whether the application is a major
  project or a minor project as  described  in  article  seventy  of  this
  chapter.
    (a)  The  chief  administrative  officer may make a determination, and
  notify the department and applicant, in regard to:
    (i)  appropriate  setbacks  from   property   boundaries   or   public
  thoroughfare rights-of-way,
    (ii)  manmade  or  natural  barriers  designed  to  restrict access if
  needed, and, if affirmative,  the  type,  length,  height  and  location
  thereof,
    (iii) the control of dust,
    (iv) hours of operation, and
    (v) whether mining is prohibited at that location.
    Any  determination  made  by  a  local  government  hereunder shall be
  accompanied  by  supporting  documentation  justifying  the   particular
  determinations  on an individual basis. The chief administrative officer
  must  provide  any  determinations,  notices  and  supporting  documents
  according to the following schedule:
    (i) within thirty days after receipt for a major project,
    (ii) within thirty days after receipt for a minor project.
    (b)  If the department finds that the determinations made by the local
  government pursuant to paragraph (a) of this subdivision are  reasonable
  and  necessary,  the department shall incorporate these into the permit,
  if  one  is  issued.  If  the  department  does  not  agree   that   the
  determinations  are  justifiable,  then  the  department shall provide a
  written statement to the local government and the applicant, as  to  the
  reason  or  reasons why the whole or a part of any of the determinations
  was not incorporated.
    (c) A proposed mine of five acres or greater total acreage, regardless
  of length of the mining period, shall be a major project. The department
  shall, by regulation, provide a minimum thirty day public comment period
  on all permit applications for mined land reclamation permits classified
  as major projects.

    4. Upon approval of the application by the department and  receipt  of
  financial  security  as  provided  in  section  23-2715 of this title, a
  permit shall be issued by the department. Upon issuance of a  permit  by
  the department, the department shall forward a copy thereof by certified
  mail,  to  the  chief executive officer of the county, town, village, or
  city in which the  mining  operation  is  located.  The  department  may
  include  in  permits  such  conditions as may be required to achieve the
  purposes of this title.
    5. A permit issued pursuant to this title or a certified copy thereof,
  must be publicly displayed by the permittee at the mine and must at  all
  times be visible, legible, and protected from the elements.
    6.  The department may suspend or revoke a permit to mine for repeated
  or willful violation of any of the terms of the permit or provisions  of
  this  title or for repeated or willful deviation from those descriptions
  contained in the mined land-use plan. The department may refuse to renew
  a permit upon a finding that the permittee is  in  repeated  or  willful
  violation  of  any  of  the terms of the permit, this title or any rule,
  regulation, standard, or condition promulgated thereto.
    7. Nothing in this title shall be construed as  exempting  any  person
  from  the  provisions  of  any  other  law  or  regulation not otherwise
  superseded by this title.
    8. Notwithstanding any other provision of law, counties, cities, towns
  and  villages  shall  be  exempted  from  the  fees  for   the   permit,
  application, amendment and renewal required by this article.
    9.  Counties,  cities,  towns  and  villages  shall not be required to
  obtain a permit if such county, city, town or village mines or  proposes
  to  mine from any mine site less than one thousand tons or seven hundred
  fifty cubic yards, whichever is less, of minerals from the earth  within
  twelve  successive  calendar  months and which does not require a permit
  pursuant to title five of article fifteen of this chapter.
    10. The applicant, permittee or, in the event no application has  been
  made  or  permit  issued,  the  person  engaged in mining shall have the
  primary obligation to comply with the provisions of this title  as  well
  as the conditions of any permit issued thereunder.
    11.  Permits  issued  pursuant  to  this title shall be renewable.   A
  complete application for renewal shall contain the following:
    (a) completed application forms;
    (b) an updated mining  plan  map  consistent  with  paragraph  (a)  of
  subdivision  one  of  section  23-2713  of  this  title and including an
  identification of the area to be mined during the proposed permit term;
    (c) a description of any changes to the mined land-use plan; and
    (d) an identification of reclamation accomplished during the  existing
  permit term.
    12.  The  procedure  for  transfer of a permit issued pursuant to this
  title is the procedure  for  permit  modification  pursuant  to  article
  seventy of this chapter.
    12-a.  (a)  Notwithstanding  any  provision  of  this  section  to the
  contrary, any person who engages in or proposes to engage  in  bluestone
  mining  exploration shall not commence such exploration unless a written
  authorization  for  such  exploration  has  been   obtained   from   the
  department.  The  department  may  grant  an authorization for bluestone
  mining exploration for a period of at least one hundred eighty days  and
  not to exceed one year where the land affected by mining will not exceed
  one  acre,  and  is  not  adjacent to any body of water. Bluestone to be
  removed from the site  may  not  exceed  five  hundred  tons  in  twelve
  successive  calendar  months  and any overburden shall remain on the one
  acre  site  at  all  times.  As  used  in  this  subdivision,  the  term

  "bluestone" means quartz/feldspathic sandstone of Devonian age, which is
  easily separated along bedding planes.
    (b)  Only  persons  with  five or fewer employees shall be eligible to
  apply for an authorization for bluestone mining  exploration,  provided,
  however  that  a  small business shall be eligible to apply on behalf of
  such a person. A person may possess no more than five authorizations for
  bluestone mining exploration at any one time, and no such authorizations
  shall be for adjacent sites. As used in this paragraph, "small business"
  means any business which is resident in this state, independently  owned
  and operated, not dominant in its field, and employing not more than one
  hundred individuals.
    (c)  An  application  for  authorization  must  be submitted on a form
  prescribed by the department at least forty-five days before exploration
  and removal of bluestone is expected to commence.  The  requirements  of
  such  application shall include, but not be limited to, a description of
  the proposed activity, a map showing the area to be affected by  mining,
  with  the  location  of the one acre site on which mining activities are
  proposed and a statement that such mining activities conform with  local
  zoning,  copies of any local permits, and measures to control erosion of
  sediment and prevent contamination of groundwater or adverse impacts  to
  aquifers.  Upon  receipt  of a complete application for bluestone mining
  exploration authorization, for  a  property  not  previously  authorized
  pursuant  to this subdivision, a notice shall be sent by the department,
  by certified mail, to the chief administrative officer of the  political
  subdivision  in which the proposed bluestone mine is to be located. Such
  notice shall be accompanied by copies of all  documents  which  comprise
  the  complete  application.  The chief administrative officer may make a
  determination within thirty days after receipt accompanied by supporting
  documentation justifying the particular determinations on an  individual
  basis  pursuant  to  subparagraphs  (i),  (ii),  (iii),  (iv) and (v) of
  paragraph a of subdivision three of this section.
    (d) An authorization for bluestone mining exploration issued  pursuant
  to  this subdivision must be publicly displayed by the holder at the one
  acre site and must at all times be visible, legible and  protected  from
  the elements.
    (e)  The person engaged in bluestone mining exploration shall complete
  reclamation,  in  accordance  with  requirements  set   forth   by   the
  department, no later than one year from the date of authorization by the
  department  unless the person engaged in mining obtains a renewal of the
  authorization or a permit  pursuant  to  this  title.  An  authorization
  issued  pursuant  to  this  section may be renewed for an additional one
  year term upon application to the department at least thirty days  prior
  to  the  expiration of the authorization. The total authorization period
  shall not exceed two years. Before the department may issue a  bluestone
  mining exploration authorization, the applicant shall furnish acceptable
  financial  security.  Department review of acceptable financial security
  shall be governed by the provisions set forth in section 23-2715 of this
  title and the regulations promulgated pursuant to  such  section.  There
  shall be no fee for such authorization.
    (f)  On  or before March fifteenth, two thousand eight, the department
  shall  submit  a  report  to  the  governor  and  legislature  regarding
  bluestone  mining  exploration  in the state. Such report shall list the
  sites, including  locations  of  sites,  and  detrimental  environmental
  impacts, if any, an assessment as to the degree to which the adoption of
  this  subdivision  benefits the environment, as well as an assessment of
  the enforcement activities  undertaken  against  individuals  authorized
  pursuant to this subdivision.

    13.  The  rules and regulations adopted by the department to implement
  this  title  and  the  provisions  of  article  seventy  and  rules  and
  regulations   adopted   thereunder  shall  govern  permit  applications,
  renewals, modifications, suspensions and revocations under this title.