Article III — SURFACE MINING PERMITS

Applications for a surface mining permit shall be filed with the department on a form provided by the director. The application shall include all environmental review forms and information required by the director, and shall be accompanied by a fee in an amount established by resolution of the city council.

(Code 1969, § 15.28.280; Ord. No. 747, § 1(part), 1999)

(a)

No later than 30 days after acceptance of a surface mining permit application as complete, the director shall notify the state department of conservation of the filing of the application.

(b)

No later than 30 days after acceptance of a surface mining permit application as complete, the director shall notify the state department of transportation of the filing of the application if both of the following conditions are satisfied:

(1)

The proposed mining operations are in the 100-year floodplain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency; and

(2)

The proposed mining operations are within one mile, upstream or downstream, of any state highway bridge.

(Code 1969, § 15.28.290; Ord. No. 747, § 1(part), 1999)

(a)

The commission shall approve or deny an application for a surface mining permit after conducting a public hearing. If notification of the application filing has been given pursuant to section 15.28.290(b), then such hearing shall not be held until the state department of transportation submits its comments or until 45 days from the date the application was accepted as complete, whichever occurs first.

(b)

The commission may approve a surface mining permit application upon making the following findings:

(1)

The proposed surface mining operation will not be detrimental to the public health, safety and welfare.

(2)

The proposed surface mining operation is consistent with the requirements of SMARA, the regulations promulgated thereunder, and this chapter.

(c)

The commission may impose such conditions as deemed reasonably necessary when approving a surface mining permit.

(d)

The director shall send a copy of each approved surface mining permit, and any conditions imposed on such permit, to the department of conservation.

(Code 1969, § 15.28.300; Ord. No. 747, § 1(part), 1999)

(a)

No expansion of a surface mining operation for which a surface mining permit has been issued shall occur without the prior approval of a modification of such permit. For purpose of this section, the following definitions shall apply:

(1)

The term "expansion" means an increase in the land area on which a surface mining operation is conducted.

(2)

The term "minor expansion" means an increase in the land area on which a surface mining operation is conducted by an amount that does not result in the total land area of such operation exceeding the land area originally approved for such operation by more than 25 percent.

(b)

Applications for modification of a surface mining permit shall be processed in the same manner as applications for a surface mining permit; provided, however, that applications related to minor expansions shall be approved or denied by the director without a public hearing.

(c)

The commission or the director may approve an application for modification of a surface mining permit upon making the following findings:

(1)

The proposed expansion of the surface mining operation will not be detrimental to the public health, safety and welfare.

(2)

The proposed expansion of the surface mining operation is consistent with the requirements of SMARA, the regulations promulgated thereunder, and this chapter.

(d)

The commission or the director may impose such conditions as deemed reasonably necessary when approving a modification of a surface mining permit.

(e)

The director shall send a copy of each approved modification of a surface mining permit, and any conditions imposed in conjunction with such approval, to the department of conservation.

(Code 1969, § 15.28.310; Ord. No. 747, § 1(part), 1999)