Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Application and
publication.
The process for requesting a permit to mine is commenced by
submitting an application to the commissioner pursuant to parts
6130.1000 to
6130.4700. After the commissioner
determines the application is complete, the applicant shall publish an
advertisement as required by part
6130.5700. Within seven days after
the last date of publication, the applicant shall submit to the commissioner a
copy of the advertisement and an affidavit from the printer verifying
publication. The application shall then be considered filed.
Subp. 2.
Determination with
hearing.
Determination with hearing:
A. Written objections and a request for a
hearing may be filed with the commissioner according to provisions of Minnesota
Statutes, section
93.481,
subdivision 2.
B. Within ten days
after the receipt of the objections, the commissioner shall determine whether
the person filing the objection is entitled to object. If the objections were
filed by a person entitled to object, the commissioner shall:
(1) Select a hearing date which shall be no
more than 30 days after the last date of opportunity to object.
(2) Serve an order for hearing in the form
and manner required by the provisions of part
1400.5600, except those in part
1400.5600, subpart
3, which shall not apply. In
no event shall such an order be served less than 20 days prior to the
hearing.
(3) Mail a copy of the
order for hearing to all persons who filed objections and all local units of
government in which all or a part of the operation is located.
(4) Publish notice of subject, time, date,
and place of the hearing at least once prior to the hearing in a newspaper
which must be both a legal newspaper, within the meaning of Minnesota Statutes,
section
331A.02,
and circulated in the locality of the proposed mining operation.
If the objections were filed by a person not entitled to
object, the commissioner shall notify that person in writing by mail of such
determination giving reasons therefor.
C. The commissioner may hold a hearing on the
proposed application without receipt of objections if the commissioner deems it
necessary to protect public health, safety, and welfare.
D. Within 120 days after the close of the
hearing record, or 90 days after service of the administrative law judge's
report whichever comes later, the commissioner shall grant the permit to mine
with or without modifications or conditions or deny the permit to mine stating
reasons therefor.
Subp.
3.
Determination without hearing.
Determination without hearing:
A. If, within 30 days after the last
publication required by part
6130.5700, no objections to an
application are received from persons entitled to object, the commissioner
within 120 days, may without hearing process the application in accordance with
the following:
(1) grant the permit to mine
with or without modifications or conditions;
(2) deny the permit to mine stating reasons
therefor; or
(3) request in writing
that the applicant provide additional information.
B. If the commissioner has made a request for
additional information within 120 days after receiving such information, the
commissioner shall grant the permit to mine with or without modifications or
conditions or deny the permit to mine stating reasons therefor.
Subp. 4.
Hearing upon demand
of applicant.
Hearing upon demand of applicant:
A. If the commissioner processes the
application without a hearing, the applicant may, within 30 days after mailed
notice of the commissioner's order on the application, file with the
commissioner a demand for hearing pursuant to Minnesota Statutes, chapter 14.
The application shall thereupon be fully heard on notice.
B. Within 120 days after the close of the
hearing record or 90 days after service of the administrative law judge's
report, whichever comes later, the commissioner shall grant the permit to mine
with or without modifications or conditions or deny the permit to mine stating
reasons therefor.
Subp.
5.
Review of operating plan.
After granting the permit to mine, the commissioner shall
review the operating plan required by part
6130.4400, to determine if it
complies with the provisions of the permit to mine and these rules. Upon
completion of this review, the commissioner shall inform the permittee
regarding compliance of the plan with the permit to mine and these
parts.
Statutory Authority: MS s
93.47