Section 12-E:4 Mining Permit Required.
No person shall conduct mining on any lands in the state unless he holds a valid permit issued by the commissioner or is exempted pursuant to RSA 12-E:1, VI.
I. A permit shall be issued to any mining operator for the purpose of engaging in mining activities in this state upon the commissioner's approval of the permit application incorporating any conditions therein set by the commissioner and upon payment of all fees and bonds.
II. Such mining permit shall include a mining plan, a blasting plan if such activities are anticipated, and a reclamation plan. Such permit shall be valid for a term of 3 years and, upon submission of a renewal permit application by the operator, shall be renewed 60 days prior to its expiration; provided, however, the commissioner determines that the operator has complied with the permit. The commissioner shall have the authority to modify a permit or renewal as he deems necessary consistent with regulations promulgated under this chapter. Renewal permits shall not be subject to public hearings under the provisions of RSA 12-E:5. There is no limit to the number of renewals that may be issued for each operation provided the commissioner determines the operator has continued to comply with the original permit.
III. The permit application shall include, at a minimum:
(a) The names and addresses of (1) the permit applicant, (2) the operator if he is different from the applicant, (3) if any of these are business enterprises other than a single proprietor, the names and addresses of the principal owners and resident agent and the names and addresses of every officer, partner, director or person performing a function similar to a director;
(b) The names and addresses of (1) every legal owner of record of the property both surface and subsurface in the permit area, (2) the holders of record of any leasehold interest in the property, (3) the owners of record of all surface and subsurface areas adjacent to any part of the permit area;
(c) A list of all names under which the applicant, partner or principal owner previously operated a mining operation within the United States in the past 10 years;
(d) A statement whether the applicant, any subsidiary, affiliate or persons controlled by or under common control with the applicant or principal owners of both this applicant and another corporation has held within a 5 year period prior to submission of the application, a federal or state mining permit which has been suspended or revoked or has forfeited a reclamation bond or similar security and the reasons therefor;
(e) A true copy of an original policy of insurance issued by an insurance company authorized to do business in this state covering all mining and reclamation operations of the applicant and affording personal injury protection in an amount not less than $100,000 and property damage, including blasting damage, protection of not less than $300,000;
(f) A description of the rock, mineral or substance to be mined; and
(g) A copy of the applicant's public notice published pursuant to RSA 12-E:5.
IV. The mining plan shall include, at a minimum:
(a) A description of prospecting activities other than those requiring a prospecting permit issued pursuant to RSA 12-E:3;
(b) A detailed description of the permit site stating the geometry of the excavation and the number of acres to be included, noting the acreage of the deposit area and permit site, expected yield in tons of the extracted minerals, the drainage area above and below the site, the hydrology and geology of the area, the topography, and extensive soil data;
(c) A detailed description of the means of pollution prevention, buffer zones, grades and stabilization of excavation and refuse during the mining operations;
(d) A detailed map of the permit site drawn to scale, an aerial photograph of the permit site and any other maps or photographs specified in the rules and regulations;
(e) A cross section map or plans of the permit site showing location of aquifers and estimated elevation of the water table;
(f) A description of anticipated blasting activities during the mining operation which shall be done in accordance with established engineering principles for prevention of vibration and air blast damage to residences, buildings and surrounding land areas.
V. The reclamation plan shall include, at a minimum, a detailed description of the reclamation activities, such as a schedule for reclamation and including an outline of anticipated contemporaneous reclamation activities when a large tract of land is subject to mining operations. The reclaimed land shall be at least as capable of supporting the uses as it supported prior to any mining activity or shall be capable of supporting different post-mining uses so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution. Such different post-mining uses may include agricultural, recreational, residential, commercial, industrial, forestry or open space land use. The proposed land use following reclamation may not be impractical or unreasonable or inconsistent with applicable land use policies and plans and shall be approved by the commissioner.
VI. The commissioner may request any additional information as required by the adopted rules to aid him in his valuation of the anticipated mining and reclamation activities.
VII. The operator may file amendments to the mining and reclamation plan with the commissioner. Upon the commissioner's approval, such amendments shall be incorporated into the permit. The commissioner may determine whether the plans will be altered to such a degree as to require an opportunity for hearing pursuant to RSA 12-E:5. Additional fees and bonding may be required by the commissioner.
VIII. A permit shall be denied by the commissioner in the following circumstances:
(a) The operator requesting such permit has a mining violation pursuant to RSA 12-E:10 outstanding in the state. If the operator has been involved in mining operations in another jurisdiction and has had similar violations filed against him, he shall present such information to the commissioner who may, in his discretion, approve or deny the permit based on such past activities;
(b) The operator has forfeited a reclamation bond anywhere in the United States during the past 5 years;
(c) The operator has not applied for a national pollutant discharge elimination system permit, if required, granted by the federal environmental protection agency;
(d) If any of the corporate officers or principal owners have committed (a) or (b) above;
(e) If, in his determination, the mining operation would constitute an imminent danger to the health and safety of the public by causing substantial harm to persons outside of the permit site or substantial harm to the maintenance of environmental quality in and near the permit site; or
(f) If the mining plan does not meet the requirements of this chapter or the rules promulgated pursuant to this chapter.
IX. Information pertaining to RSA 12-E:4, VIII(a)-(d) shall be filed in affidavit form with the permit application.
Source. 1979, 467:1, eff. Aug. 24, 1979