New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 421 - Permits › Section 421.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After September 1, 1991, any
				  person who mines or proposes to mine from each mine site more than 1,000 tons or 750
				  cubic yards of minerals, whichever is less, from the earth within 12 successive
				  calendar months or who mines or proposes to mine over 100 cubic yards of minerals
				  from or adjacent to any body of water not subject to the jurisdiction of article 15
				  of the Environmental Conservation Law 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.
(b) A mining permit issued by the department shall
				  consist of two parts. Part one shall be a permit certificate, or a copy of such
				  certificate certified by the department, to be prominently displayed by the
				  permittee at the site of the mine. The permit certificate must at all times be
				  visible, legible and protected from the elements. Part two shall be the application
				  and other documents on file with the department including such terms and conditions
				  as may be imposed. The documents constituting part two shall be available for
				  inspection at the department's headquarters for the region in which the mine is
				  located and at the local office of the permittee for use by department
				  personnel.
(c) All permits shall be
				  conditioned upon compliance with an approved mined land-use plan. The department may
				  also impose, as terms of the permit, such conditions as it may deem necessary or
				  appropriate to satisfy the provisions of title 27 or this Subchapter.
(d) A mining permit will not be issued for an
				  existing mine nor renewed for any mine if there is a finding, after notice and
				  hearing, or a departmental order that the operation of the mine is in violation of
				  any provision of the Environmental Conservation Law, or rule or regulation
				  promulgated thereunder unless the applicant or permittee is in compliance with a
				  schedule of abatement of such violation, or if there is no applicable schedule the
				  applicant or permittee agrees to such a schedule or the department imposes one as a
				  condition of the permit.
(e) Mining
				  permits shall expire either annually or at the end of five years depending on the
				  issue and expiration dates and may be renewed upon application to the department at
				  least 180 days prior to the expiration date of the permit pursuant to subdivision
				  (a) of section 621.11   of Part 621. A renewal application shall be submitted to the
				  department pursuant to the provisions of title 27 and shall be accompanied by a
				  report, in accordance with section 422.4   of this Title, which shall be reviewed by
				  the department prior to renewing a mining permit. A renewal application shall
				  contain the following:
(1) completed application
				  forms;
(2) an updated mining plan map
				  consistent with the provisions of title 27 and including an identification of the
				  area to be mined during the proposed permit term;
(3) a description of any changes to the mined
				  land-use plan; and
(4) an identification
				  of reclamation accomplished during the existing permit term.
Upon completion of the department's review process, the
					 permittee shall be notified of any change in financial responsibility, or in the
					 conditions imposed pursuant to subdivision (c) of this section.