§ 2-20-41. Initial application.

(1)

Within thirty (30) days after receipt of an application for a master mining plan or an operating permit, the director shall examine the application and notify the applicant in writing that the application is complete or, alternatively, notify the applicant in writing of any apparent omissions or errors, and request any additional required information. If additional information is required, the applicant shall provide it within sixty (60) days, except that additional time may be allowed by the director if the applicant demonstrates in writing that such extension is reasonable and necessary to prepare the requested information. The director shall have sixty (60) days to review the additional information to determine completeness and shall advise the applicant in writing of such determination. If an applicant decides that the additional information cannot be furnished, the applicant shall advise the director of its position and reasons therefore in writing, and the application shall then be processed as if it were complete. The board may deny an application if the applicant, after receiving timely notice, fails to correct errors or omissions or to supply additional information, if such failure results in the requirements of this chapter not being met or unreasonably compromises the ability of the board to determine whether the application meets such requirements.

(2)

After the director has determined that the application for a master mining plan or operating permit is complete, the applicant shall be notified of such in writing. The application shall be reviewed by appropriate county departments and shall be referred to the planning commission and/or board, as applicable, as expeditiously as possible, and in no event, more than ninety (90) days after the director has determined the application complete. Applications for master mining plan approval, or for preliminary vested rights exemption related thereto, shall be presented in duly-noticed public hearings before the planning commission and the board of county commissioners. Applications for operating permits, or for preliminary vested rights exemption related thereto, shall be presented in duly-noticed public hearings before the board of county commissioners.

(3)

Public notice requirements shall be as set forth in section 502.5 of the Land Development Code, as amended or renumbered, or its successor provisions. The applicant shall be responsible for the cost of all public notices required herein.

(4)

The planning commission shall hear the master mining plan, or preliminary vested rights exemption, application under the procedures set forth in section 302.3 of the Land Development Code, as amended or renumbered.

(5)

The board shall hear the master mining plan or operating permit, or preliminary vested rights exemption, application under the procedures set forth in section 301.1 of the Land Development Code, as amended or renumbered, and shall render a final decision within a reasonable time after the close of the public hearing.

(6)

An operating permit shall be issued to an applicant only if the applicant demonstrates, with competent and substantial evidence, that the operating permit, and all mining activities to be conducted pursuant thereto, will meet the requirements of this chapter. Except where the board may, for good cause, allow an exception, no operating permit shall be issued to an applicant that has had an operating permit revoked (unless the conditions causing such revocation have been corrected to the satisfaction of the county), or has forfeited any bond or other security posted to comply with this chapter (unless the conditions causing such forfeiture have been corrected to the satisfaction of the county).

(7)

No master mining plan application shall be recommended by the planning commission or approved by the board unless it is found that such application is consistent with the Comprehensive Plan and this chapter.

(Ord. No. 04-39, § V(A), 11-2-04)