Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Application and
publication.
The process for requesting a permit to mine begins with a
preapplication conference and site visit under part 6132.1100, subpart 1,
followed by the submission of an application to the commissioner under parts
6132.1000 to 6132.1400. After the commissioner determines the application is
complete, the commissioner shall publish a notice in the State Register and the
EQB Monitor stating the department has received an application for a permit to
mine. The applicant shall also publish an advertisement as required by part
6132.4900. 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.
Objection to proposed mining operations.
Objection related to a proposed mining operation may be filed
with the commissioner according to Minnesota Statutes, sections
93.44 to
93.51.
A. Written objections to a proposed mining
operation and permit may be filed with the commissioner no later than 30 days
following the last date of publication of an applicant's newspaper
advertisement required under part 6132.4900.
B. A person submitting an objection to the
commissioner shall include the following information:
(1) a statement of the person's interest in
the proposed mining operation and permit;
(2) a statement of the action that the person
wants the commissioner to take, including specific references to applicable
sections of Minnesota Statutes, sections
93.44 to
93.51,
parts 6132.0100 to 6132.5300, or the permit application; and
(3) the reasons supporting the person's
position, stated with sufficient specificity to allow the commissioner to
investigate the merits of the person's position.
C. Within ten days after the receipt of the
objection, the commissioner shall determine whether the person filing the
objection meets one of the following criteria:
(1) owns property that will be affected by
the proposed operation;
(2) is a
federal, state, or local governmental agency having responsibilities affected
by the proposed operation; or
(3)
raises a material issue of fact, relating to the proposed operation, for which
the commissioner has jurisdiction under Minnesota Statutes, sections
93.44 to
93.51,
and there is a reasonable basis underlying the issue of fact such that holding
a hearing would allow the presentation or introduction of relevant information
that would aid the commissioner in resolving the issues and in making a final
determination on the issuance of the permit to mine.
D. If objections were filed by a person
meeting one of the criteria in item C, the commissioner shall attempt to
resolve the issue by:
(1) allowing the
applicant to change the operation to the mutual satisfaction of the objector
and the commissioner, provided that a substantial change to the operation may
necessitate republication of the applicant's newspaper advertisement, with an
explanation of the proposed change; or
(2) proceeding with a hearing under subpart
3.
E. If objections were
filed by a person not meeting the requirements of item C, the commissioner
shall inform the person of that fact, stating reasons for the decision, and
proceed with processing the application as if no objection had been
received.
Subp. 3.
Determination with hearing.
Hearings shall be held by the commissioner according to items
A to C.
A. The commissioner shall
conduct a hearing if:
(1) objections are
received from a person meeting the requirements of subpart 2, item C, and the
commissioner is unable to resolve the issue to the satisfaction of that person
and the applicant under subpart 2, item D, subitem (1);
(2) the commissioner determines it will be
necessary to require additional provisions or conditions not contained in the
permit application before approval of the application; or
(3) the commissioner determines the
application should be denied.
B. To conduct a hearing, the commissioner
shall:
(1) select a hearing date 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 part 1400.5600, except that part 1400.5600, subpart 3,
does not apply, and in no event shall such an order be served less than 20 days
before the hearing;
(3) mail a copy
of the order for hearing to the applicant, all persons who filed objections,
and all local units of government in which all or a part of the operation is
located; and
(4) publish notice of
the subject, time, date, and place of the hearing at least once before the
hearing in a newspaper that must be both a qualified newspaper under Minnesota
Statutes, section
331A.02,
and circulated in the locality of the proposed mining operation.
C. Within 120 days after the close
of the hearing record or 90 days after service of the hearing examiner's
report, whichever comes later, the commissioner shall grant the permit with or
without modifications or conditions or deny the permit stating reasons for the
denial.
Subp. 4.
Determination without hearing.
The commissioner shall process the permit without a hearing
according to items A and B.
A. No
hearing is required if the commissioner determines that the proposed operation
can be permitted without provisions or conditions and if within 30 days
following the last date of publication of the applicant's newspaper
advertisement:
(1) no objections were
filed;
(2) objections were filed,
but the person objecting did not meet the requirement of subpart 2, item C;
or
(3) objections were filed but
were resolved under subpart 2, item D, subitem (1).
B. Within 120 days after the last date on
which a person can object to the proposed mining operation, the commissioner
shall approve the application.
Subp.
5.
Review of annual report.
Each year following the granting of the permit to mine, the
commissioner shall review the annual report required under part 6132.1300 to
determine whether it complies with the provisions of the permit to mine. On
completion of this review, the commissioner shall inform the permittee of the
compliance determination.
A. If the
annual report complies, the commissioner shall direct the permittee to
implement the reclamation plan proposed for the upcoming year.
B. If the annual report does not comply, the
commissioner shall:
(1) require the permittee
to prepare an explanation of why the report does not comply with the permit to
mine, and what is proposed to achieve compliance;
(2) direct the permittee to take corrective
action under part 6132.3200 to address the violations, deficiencies, or
inadequacies that are reported to have occurred during the past year;
or
(3) require the permittee to
develop a new plan for activities to be conducted during the upcoming year that
will comply with the permit to mine.