27-1230. Notice of plan for existing exploration operations and existing aggregate mining units

A. The inspector shall give notice of a proposed reclamation plan for an existing exploration operation or an existing aggregate mining unit. 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 existing exploration operation or the existing 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 with property adjoining the exploration operation or aggregate mining unit.

5. Published once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the exploration operation or aggregate mining unit is located. If there is no such newspaper, the inspector shall give notice in a newspaper of general circulation that is published in an adjoining county.

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

B. The notice shall briefly describe the proposed reclamation plan and shall designate where the plan may be accessed. The notice shall state that any person who may be adversely affected by the plan may file written comments on the plan within fifteen days after the last publication and request a public meeting. If there is sufficient public interest by persons who may be adversely affected by the plan, the inspector shall hold a public meeting in the county in which the exploration operation or aggregate mining unit is located.

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

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, and the inspector shall consider the written comments.

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