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.

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.