27-444. Community notice; public meeting

A. Within twenty-one days after the state mine inspector notifies an owner or operator of an aggregate mining operation that the application for a community notice for a new aggregate mining operation or a major modification for an approved community notice is complete, or within twenty-one days after the application is considered to be complete, the owner or operator shall send by certified mail a copy of the community notice:

1. To each residential property owner, as shown on the current property tax roll, within a one-half mile radius of the aggregate mining operation. The owner or operator shall submit the list of notified residential property owners to the inspector. The community notice shall include a statement that the property owner may request the state mine inspector to hold a public meeting and may submit written comments as provided by this section.

2. To the aggregate mining operations recommendation committee for the district in which the operation is located.

3. If the operation is located in a county in which a multi-county water conservation district is established pursuant to title 48, chapter 22, to the multi-county water conservation district.

B. If there is sufficient public interest, the inspector shall schedule and conduct a public meeting within forty-five days after the community notice for a new aggregate mining operation or major modification is filed with the inspector. The inspector shall give at least fifteen days' notice of the meeting by filing the notice in the office of the secretary of state and by mail to the residential property owners who requested the public meeting pursuant to subsection A, paragraph 1.

C. The inspector or an employee of the inspector shall conduct any public meeting on a community notice. The aggregate mining operation's designated representative shall attend and respond to questions relating to information in the community notice. If a notified residential property owner cannot attend the public meeting, the owner may submit written comments to the inspector before the meeting regarding the community notice. The inspector or the inspector s employee and the aggregate mining operator s designated representative shall receive and consider comments from persons attending the meeting and the written comments submitted before the meeting.