27-442. Aggregate mining operations; community
notice; application
(L10, Ch. 244, sec. 12. Eff. 10/1/11)
A. An owner or operator of an aggregate mining operation shall not conduct any
aggregate mining until it has an approved community notice pursuant to section 27-445,
except that an owner or operator of an existing aggregate mining operation may continue
the operation if a community notice is filed as provided by subsection H of this section.
B. An owner or operator of an aggregate mining operation shall not undertake a
major modification of an approved community notice until a major modification application
is approved by the state mine inspector pursuant to section 27-445.
C. The owner or operator of a new aggregate mining operation shall file an
application for a community notice with the inspector containing:
1. The name and mailing address of the aggregate mining operation.
2. The name and mailing address of the owner or operator of the operation.
3. The name, mailing address and telephone number of the designated community
representative or representatives for the operation.
4. A statement describing the mining activities to be conducted at the operation.
5. The amount of acreage of the operation and a map showing the location of the
major process facilities.
6. Each type of major equipment to be used in the operation.
7. The approximate date when the operation will start.
8. A description and location of access routes to be used to and from the operation
site during normal hours and nonemergency conditions.
9. The normal operating hours of the operation to be maintained during nonemergency
conditions, unless the inspector authorizes a temporary variance from normal operating
hours.
10. A description of measures the owner or operator will use to moderate, to the
extent economically practicable at the site, any adverse physical effects on the
residential property owners who are notified pursuant to section 27-444.
D. An owner or operator who owns or leases the land of the operation may submit a
joint application for a community notice with one or more lessees or sublessees who are
also operating an aggregate mining operation on the same property. A joint application
for a community notice must separately list the information required pursuant to
subsection C of this section by each owner or operator of an aggregate mining operation.
Owners or operators of aggregate mining operations who received approval for a joint
application for a community notice may also file a joint application on that approved
community notice for major and minor modifications.
E. The owner or operator may propose a major or minor modification by filing an
application with the inspector containing the text of the community notice with the
proposed changes noted in the text.
F. Within fourteen days after receiving an application for a community notice for a
new aggregate mining operation or major modification, the inspector shall notify the
applicant if the community notice application contains the information required by
subsection C of this section or if the major modification application is complete
pursuant to subsection E of this section. If the inspector fails to notify the applicant
within fourteen days, the application is considered to be complete.
G. The owner or operator must file an application for a minor modification to an
approved community notice with the state mine inspector. Minor modifications take effect
on filing, unless a later effective date is designated in the application. Applications
for minor modifications are not subject to sections 27-443, 27-444 and 27-445.
H. For purposes of having an approved community notice, within ninety days after an
aggregate mining operations zoning district is established pursuant to section 11-812,
the owner or operator of an existing aggregate mining operation must file with the state
mine inspector a community notice, which is not subject to sections 27-443 and 27-444.
The community notice shall contain all the information required by subsection C of this
section, except paragraph 7, for its aggregate mining operation. Owners or operators of
existing aggregate mining operations may submit a joint application for a community
notice pursuant to subsection D of this section.
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