(1) (a) An operator of a construction materials extraction operation is subject to this section if the operation is conducted solely to obtain materials for highway, road, utility, or similar construction purposes under a federal, state, county, city, town, or special district contract that requires work to commence within a specified short period of time and will affect no more than thirty acres of land.
(b) An operator of a one-time excavation project that is not performed pursuant to a federal, state, county, city, town, or special district contract is subject to this section if the project generates small quantities of construction materials that are exported from the extraction site and are incidental to the intent of the project. A one-time excavation project that results in excess construction materials and that introduces construction materials into the construction materials market must obtain a permit pursuant to this subsection (1)(b). An operation that qualifies for a permit pursuant to this subsection (1)(b) must be clearly defined, of short duration and scope, affect no more than thirty acres, and not employ material processing activities typically associated with mining operations. Reclamation of all affected lands shall be completed within twelve months after issuance of the permit. An operator possessing a permit issued pursuant to this subsection (1)(b) must convert to the appropriate regular construction materials permit if extraction and export of materials from the site are not completed within twelve months after issuance of a permit pursuant to this subsection (1)(b).
(2) (a) An operator shall apply for a special permit by filing a written application with the board on forms provided by the board for such purpose. An approved special permit shall authorize the operator to engage in the operations described on such permit until the contractual reason for such operations has been completed.
(b) An application shall consist of:
Three application forms;
The application fee specified in section 34-32.5-125;
The financial warranty specified in subsection (5) of this section, unless the officeshows good cause that the board should set such financial warranty at a different amount pursuant to section 34-32.5-117; and
Three copies of an accurate map of the affected land, prepared by a professionalland surveyor, professional engineer, or other qualified person. Such map shall show information sufficient to determine the location of the affected land and existing and proposed roads or access routes to be used in connection with the operation.
(c) Each application form must include:
The name and address of the general office and the local address or addresses of theoperator;
The name and address of the owner of the surface of the affected land;
The name and address of the owner of the subsurface rights of the affected land;(IV) The approximate size of the affected land;
Information sufficient to describe or identify the type of operation proposed and howit will be conducted;
The measures to be taken to comply with applicable provisions of section 34-32.5116;
The terms of the governmental contract that make a special permit necessary or aclear description of the one-time excavation project described in subsection (1)(b) of this section; (VIII) Evidence of any financial warranty required under the governmental contract; and (IX) A statement that the operator has applied for necessary local government approval.
If the board determines that any of the affected land lies within the boundaries oflands described in section 34-32.5-115 (4)(f), such land shall be withdrawn from the operation.
At any time after the completion of reclamation the operator may notify the boardthat the land or a portion of the land has been reclaimed. Upon receipt of such notice the board shall cause the land to be inspected, and, within sixty days after the board finds the reclamation to be satisfactory and in accordance with the plan agreed upon, the board shall release the performance and financial warranties or the appropriate portions of such warranties.
Special permits shall be denied or issued by the board within fifteen calendar daysafter the date an application is submitted. Approval shall depend on the application, map, fee, performance warranty, and financial warranty being in compliance with this section. If action on an application is not completed within such fifteen-day period, the permit shall be approved and promptly issued upon presentation by the applicant of a financial warranty in the amount of two thousand five hundred dollars per affected acre or such other amount as may be specified by rule of the board.
A governmental subdivision shall be exempt from subparagraphs (II) and (III) ofparagraph (b) of subsection (2) of this section when such subdivision, acting as an operator, requires a permit solely to mine construction materials for the construction of public roads under a contract with the department of transportation or otherwise.
Source: L. 95: Entire article added, p. 1164, § 1, effective July 1. L. 2018: (1), IP(2)(c), and (2)(c)(VII) amended, (SB 18-184), ch. 132, p. 857, § 1, effective August 8.