If the Department does not agree that the determinations are justifiable. The permit, if one is issued, will not contain any special conditions regarding local prohibition if one exists, beyond the general advisory that issuance of a DEC permit does not relieve the applicant of the need to obtain any required local permits or approvals, and a notation that the local government has declared that mining is prohibited at this location. This coordination must include an explanation to both the applicant and local government CAO that issuance of a DEC permit does not relieve the applicant of the need to obtain any required local permits or approvals, and that annual regulatory fees must be paid, even if the applicant is never allowed to mine due to local prohibitions. If, in the case of Region 1, a statement of local prohibition is contained with comments to the notice of completeness, the Department will stop processing the application based solely on the determination that mining is prohibited. If the project has received a positive declaration requiring an EIS or a hearing is required, Departmental staff will not propose or recommend that the question of local jurisdiction or prohibition of the mining activity be an issue for adjudication.
Resolves lead agency and SEQR coordination with local government.
Removes DEC from making decisions or interpretations of local government laws or ordinances. Simplifies administration of application processing and saves significant DEC staff resources. Avoids litigation that would otherwise result from DEC interpreting of local land use laws. Before enactment of these amendments, the policy of the Department was to process applications in spite of any local prohibitions that might exist. We have determined that no language within the new amendments to the Mined Land Reclamation Law mandates that this procedure be changed except in respect to Long Island.