Current through Bulletin 2024-18, September 15, 2024
1. Application
Filing
Applications for materials permits may be submitted to any
office of the division during office hours.
2. Non-refundable Application Fees
All applications must be accompanied by a non-refundable
application fee.
(a) If an application
for a materials permit is rejected, all monies tendered by the applicant,
except the application fee, will be refunded.
(b) Should an applicant desire to withdraw
the application, the applicant must make a written request. If the request is
received prior to the time that the application is considered for formal
action, all monies tendered by the applicant, except the application fee, will
be refunded. If the request for withdrawal is received after the application is
approved, all monies tendered are forfeited to the division, unless otherwise
ordered by the division for a good cause shown.
3. Application Review
Upon receipt of an application, the division shall review the
application for completeness. Applicants submitting incomplete applications
shall be provided notice of deficiency by certified mail and shall be allowed
60 days to cure the deficiency. Incomplete applications not remedied within the
60-day period may be denied. The director may approve applications for
materials permits pursuant to the criteria listed below. Action on applications
not meeting the criteria listed below shall be deferred pending appropriate
land use designation by the division. The director shall reject applications in
those instances where the division declines to designate lands for that
use.
(a) When land use designations or
general management plans have been approved by the division and the application
conforms with the designated use, or
(b) When the subject property has previously
been included in a materials permit or sand and gravel mineral lease whether or
not excavation occurred and whether or not reclamation work was done,
or
(c) When expected royalty income
exceeds the estimated fair market value of all sovereign land affected by the
permit and the use of the subject property for materials extraction conforms to
local planning and zoning ordinances.
4. Bid Solicitation Processes
(a) In the absence of any valid materials
permit application, and pursuant to R652-100-400(3), the division may offer for
simultaneous bid material permits when exposing the site to the market could
reasonably be expected to produce materials sales. A notice of lands available
for simultaneous filing for materials permits shall be made in a manner to
reasonably solicit simultaneous bid applications. Notices of simultaneous
filing shall contain the procedure by which the division shall award the
permit.
(b) Upon receipt of any
materials permit application the division shall solicit competing applications
through publication at least once a week for two consecutive weeks in one or
more newspapers of general circulation in the county in which the permit is
offered. At least 30 days prior to bid opening, certified notification will be
sent to permittees of record, adjacent permittees/lessees, and adjacent
landowners. Notices will also be posted in the local governmental
administrative building or the county courthouse. Notification and advertising
shall include the legal description of the parcel and any other information
which may create interest in the parcel. The successful applicant shall bear
the cost of the advertising.
(c)
The division shall allow all applicants at least 20 days from the date of
mailing of notice, as evidenced by the certified mail posting receipt (Postal
Service form 3800), within which to submit a sealed bid containing their
proposal for the subject parcel. Competing bids will be evaluated using the
criteria found in
R652-30-500(2)(g)
and
R652-80-200.
(d) If no competing applications involving
sale, lease or exchanges are received by the deadline published pursuant to
R652-100-400(4)(b), then the division shall award the materials permit based on
the following criteria:
i) amount of bonus
bid.
ii) amount and rate of
proposed materials extraction.
iii) other criteria and assurances of
performances as the division shall require by permit or advertise prior to
bidding.
