27-1229. Notice of plan or substantial change; new exploration operations; new aggregate mining units

A. The state mine inspector shall schedule and conduct a public meeting on a proposed reclamation plan for a new exploration operation or new aggregate mining unit or substantial change to an approved reclamation plan within forty-five days after receiving a proposed reclamation plan or a substantial change to an approved reclamation plan that the inspector deems to be complete. The inspector shall conduct the meeting in the county in which the exploration operation or aggregate mining unit is located.

B. The inspector shall give at least thirty days' notice of the meeting. The notice shall briefly describe the proposed reclamation plan or substantial change and shall designate where the plan or change may be accessed. The notice shall be:

1. Filed with the secretary of state.

2. Sent by first class mail to cities and counties located within five miles of the exploration operation or aggregate mining unit.

3. Sent by first class mail to the department of water resources, department of environmental quality, multi-county water conservation districts and agencies that own or manage lands on which the exploration operation or aggregate mining unit is located.

4. Sent by first class mail to property owners within one mile of an exploration operation or aggregate mining unit located in a county with a population of less than eight hundred thousand persons or within one-half mile of an exploration operation or aggregate mining unit located in any other county.

5. Posted in five conspicuous public locations within one mile of the exploration operation or aggregate mining unit.

C. The exploration operation's or aggregate mining unit's designated representative shall attend the public meeting and respond to questions that relate to information in the reclamation plan or substantial change.

D. If an interested party cannot attend the public meeting, that party may submit written comments to the inspector before the meeting regarding the reclamation plan or substantial change, and the inspector shall consider the written comments.

E. The inspector shall adopt rules to implement the provisions of this section.