NY Env Conserv L § 23-2711 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 27 - New York State Mined Land Reclamation 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.