Section 12-E:2 Duties of the Commissioner.
The commissioner shall:
I. Evaluate and accept or reject all mining permit applications submitted by mining operators. If, in his evaluation, the commissioner determines the operation will not comply with this chapter or the impact of the mining operation is too great or is in an area unsuitable for mining because of historical, archaeological or environmental reasons or the reclamation plans or pollution prevention measures are insufficient, the permit shall be denied. Upon rejection or conditional approval of the permit application, the commissioner shall state the reasons for such determination in writing. The operator shall have an opportunity to amend the application to conform to the commissioner's requirements. All permit applications shall be acknowledged within 5 working days and processed within 60 days of receipt by the commissioner.
II. Have the authority to suspend or revoke any permit issued pursuant to this chapter for failure to comply with the permit or for noncompliance with rules promulgated pursuant to this chapter.
III. Supervise the leasing of state-owned lands for mining operations pursuant to RSA 12-E:9.
IV. Have the power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by him, and to compel the production of any account books, contracts, records, engineering surveys, documents, memoranda and papers of any kind necessary to implement this chapter.
V. Prepare an annual report. Such report shall include the number and geographic distribution of permit applications accepted and rejected, the acreage of the affected sites and permit sites, the names of the operators, corporate officers and corporations making such applications and such other information as will enable the program to be evaluated. The report shall be submitted to the governor and council.
VI. Make announced and unannounced inspections and investigations on the permit site and affected site to ensure orderly operation of the mining plan in a responsible manner and make inspections based on a citizen complaint. All inspections shall be conducted in the presence of the operator or his duly authorized employees or representatives and the operator shall be available or make such persons available for inspections.
VII. Adopt rules pursuant to RSA 541-A within a reasonable time relative to:
(a) The form of the mining permit application;
(b) The form of application for renewal of the mining permit;
(c) The form of application for prospecting permits;
(d) Entry onto permit sites and adjacent properties;
(e) Emergency actions to halt mining operations for the public safety;
(f) Prospecting, mining and reclamation activities in a manner to ensure public safety and protect the environment from the effects of such activities.
VIII. Have the authority to reclaim land subject to the granted permit upon forfeiture of the performance bond.
IX. Provide technical assistance, conduct research, experiments and demonstrations and disseminate information resulting therefrom and to receive federal, state or other funds and allocate them for reclamation, education or other research and assistance projects.
Source. 1979, 467:1, eff. Aug. 24, 1979.