N.Y. Environmental Conservation Law § 23-2711: Permits

§ 23-2711. Permits.

1. After September first, nineteen hundred ninety-one, any person who

mines or proposes to mine from each mine site more than one thousand

tons or seven hundred fifty cubic yards, whichever is less, of minerals

from the earth within twelve successive calendar months or who mines or

proposes to mine over one hundred cubic yards of minerals from or

adjacent to any body of water not subject to the jurisdiction of article

fifteen of this chapter or to the public lands law shall not engage in

such mining unless a permit for such mining operation has been obtained

from the department. A separate permit shall be obtained for each mine

site.

2. Applications for permits may be submitted for annual terms not to

exceed five years. A complete application for a new mining permit shall

contain the following:

(a) completed application forms;

(b) a mined land-use plan;

(c) a statement by the applicant that mining is not prohibited at that

location; and

(d) such additional information as the department may require.

3. Upon receipt of a complete application for a mining permit, for a

property not previously permitted pursuant to this title, a notice shall

be sent by the department, by certified mail, to the chief

administrative officer of the political subdivision in which the

proposed mine is to be located (hereafter, "local government"). Such

notice will be accompanied by copies of all documents which comprise the

complete application and shall state whether the application is a major

project or a minor project as described in article seventy of this

chapter.

(a) The chief administrative officer may make a determination, and

notify the department and applicant, in regard to:

(i) appropriate setbacks from property boundaries or public

thoroughfare rights-of-way,

(ii) manmade or natural barriers designed to restrict access if

needed, and, if affirmative, the type, length, height and location

thereof,

(iii) the control of dust,

(iv) hours of operation, and

(v) whether mining is prohibited at that location.

Any determination made by a local government hereunder shall be

accompanied by supporting documentation justifying the particular

determinations on an individual basis. The chief administrative officer

must provide any determinations, notices and supporting documents

according to the following schedule:

(i) within thirty days after receipt for a major project,

(ii) within thirty days after receipt for a minor project.

(b) If the department finds that the determinations made by the local

government pursuant to paragraph (a) of this subdivision are reasonable

and necessary, the department shall incorporate these into the permit,

if one is issued. If the department does not agree that the

determinations are justifiable, then the department shall provide a

written statement to the local government and the applicant, as to the

reason or reasons why the whole or a part of any of the determinations

was not incorporated.

(c) A proposed mine of five acres or greater total acreage, regardless

of length of the mining period, shall be a major project. The department

shall, by regulation, provide a minimum thirty day public comment period

on all permit applications for mined land reclamation permits classified

as major projects.

4. Upon approval of the application by the department and receipt of

financial security as provided in section 23-2715 of this title, a

permit shall be issued by the department. Upon issuance of a permit by

the department, the department shall forward a copy thereof by certified

mail, to the chief executive officer of the county, town, village, or

city in which the mining operation is located. The department may

include in permits such conditions as may be required to achieve the

purposes of this title.

5. A permit issued pursuant to this title or a certified copy thereof,

must be publicly displayed by the permittee at the mine and must at all

times be visible, legible, and protected from the elements.

6. The department may suspend or revoke a permit to mine for repeated

or willful violation of any of the terms of the permit or provisions of

this title or for repeated or willful deviation from those descriptions

contained in the mined land-use plan. The department may refuse to renew

a permit upon a finding that the permittee is in repeated or willful

violation of any of the terms of the permit, this title or any rule,

regulation, standard, or condition promulgated thereto.

7. Nothing in this title shall be construed as exempting any person

from the provisions of any other law or regulation not otherwise

superseded by this title.

8. Notwithstanding any other provision of law, counties, cities, towns

and villages shall be exempted from the fees for the permit,

application, amendment and renewal required by this article.

9. Counties, cities, towns and villages shall not be required to

obtain a permit if such county, city, town or village mines or proposes

to mine from any mine site less than one thousand tons or seven hundred

fifty cubic yards, whichever is less, of minerals from the earth within

twelve successive calendar months and which does not require a permit

pursuant to title five of article fifteen of this chapter.

10. The applicant, permittee or, in the event no application has been

made or permit issued, the person engaged in mining shall have the

primary obligation to comply with the provisions of this title as well

as the conditions of any permit issued thereunder.

11. Permits issued pursuant to this title shall be renewable. A

complete application for renewal shall contain the following:

(a) completed application forms;

(b) an updated mining plan map consistent with paragraph (a) of

subdivision one of section 23-2713 of this title and including an

identification of the area to be mined during the proposed permit term;

(c) a description of any changes to the mined land-use plan; and

(d) an identification of reclamation accomplished during the existing

permit term.

12. The procedure for transfer of a permit issued pursuant to this

title is the procedure for permit modification pursuant to article

seventy of this chapter.

12-a. (a) Notwithstanding any provision of this section to the

contrary, any person who engages in or proposes to engage in bluestone

mining exploration shall not commence such exploration unless a written

authorization for such exploration has been obtained from the

department. The department may grant an authorization for bluestone

mining exploration for a period of at least one hundred eighty days and

not to exceed one year where the land affected by mining will not exceed

one acre, and is not adjacent to any body of water. Bluestone to be

removed from the site may not exceed five hundred tons in twelve

successive calendar months and any overburden shall remain on the one

acre site at all times. As used in this subdivision, the term

"bluestone" means quartz/feldspathic sandstone of Devonian age, which is

easily separated along bedding planes.

(b) Only persons with five or fewer employees shall be eligible to

apply for an authorization for bluestone mining exploration, provided,

however that a small business shall be eligible to apply on behalf of

such a person. A person may possess no more than five authorizations for

bluestone mining exploration at any one time, and no such authorizations

shall be for adjacent sites. As used in this paragraph, "small business"

means any business which is resident in this state, independently owned

and operated, not dominant in its field, and employing not more than one

hundred individuals.

(c) An application for authorization must be submitted on a form

prescribed by the department at least forty-five days before exploration

and removal of bluestone is expected to commence. The requirements of

such application shall include, but not be limited to, a description of

the proposed activity, a map showing the area to be affected by mining,

with the location of the one acre site on which mining activities are

proposed and a statement that such mining activities conform with local

zoning, copies of any local permits, and measures to control erosion of

sediment and prevent contamination of groundwater or adverse impacts to

aquifers. Upon receipt of a complete application for bluestone mining

exploration authorization, for a property not previously authorized

pursuant to this subdivision, a notice shall be sent by the department,

by certified mail, to the chief administrative officer of the political

subdivision in which the proposed bluestone mine is to be located. Such

notice shall be accompanied by copies of all documents which comprise

the complete application. The chief administrative officer may make a

determination within thirty days after receipt accompanied by supporting

documentation justifying the particular determinations on an individual

basis pursuant to subparagraphs (i), (ii), (iii), (iv) and (v) of

paragraph a of subdivision three of this section.

(d) An authorization for bluestone mining exploration issued pursuant

to this subdivision must be publicly displayed by the holder at the one

acre site and must at all times be visible, legible and protected from

the elements.

(e) The person engaged in bluestone mining exploration shall complete

reclamation, in accordance with requirements set forth by the

department, no later than one year from the date of authorization by the

department unless the person engaged in mining obtains a renewal of the

authorization or a permit pursuant to this title. An authorization

issued pursuant to this section may be renewed for an additional one

year term upon application to the department at least thirty days prior

to the expiration of the authorization. The total authorization period

shall not exceed two years. Before the department may issue a bluestone

mining exploration authorization, the applicant shall furnish acceptable

financial security. Department review of acceptable financial security

shall be governed by the provisions set forth in section 23-2715 of this

title and the regulations promulgated pursuant to such section. There

shall be no fee for such authorization.

(f) On or before March fifteenth, two thousand eight, the department

shall submit a report to the governor and legislature regarding

bluestone mining exploration in the state. Such report shall list the

sites, including locations of sites, and detrimental environmental

impacts, if any, an assessment as to the degree to which the adoption of

this subdivision benefits the environment, as well as an assessment of

the enforcement activities undertaken against individuals authorized

pursuant to this subdivision.

13. The rules and regulations adopted by the department to implement

this title and the provisions of article seventy and rules and

regulations adopted thereunder shall govern permit applications,

renewals, modifications, suspensions and revocations under this title.