Mining and Mining Claims
Project coordinating committee
(1)(a) A project coordinating committee shall be composed of representatives from the State Department of Geology and Mineral Industries, all permitting and cooperating agencies, local government agencies and affected federal agencies. Each permitting and cooperating agency shall designate an appropriate staff member to serve on the committee. The project coordinating committee shall share information and coordinate county, state and federal permitting requirements in order to avoid contradictory requirements, facilitate the exchange of ideas, optimize communication and avoid duplicative effort.
(b)If a mining operation is proposed on federal land, the project coordinating committee shall work with the affected federal agency in accordance with a memorandum of agreement established by the department and the federal agency to facilitate the state and federal application process and to coordinate the two processes to the fullest extent possible.
(2)(a) For a proposed mining operation that is a significant mineral resource site, if the owner or lessee of private property within the impact area of the proposed mining operation identifies a conflict between the proposed mining operation and the agricultural activities conducted on the private property within the impact area, the project coordinating committee shall analyze and address the identified conflict. In analyzing and addressing the identified conflict, the project coordinating committee:
(A)Shall consider compliance with federal, state or local standards for air quality, noise, water quality or other environmental considerations that are applicable to the identified conflict to be sufficient to resolve the conflict; and
(B)If there are not applicable federal, state or local standards as provided for in subparagraph (A) of this paragraph, may suggest to the department permit conditions for avoiding or reducing the identified conflict.
(b)The department shall avoid or minimize the conflicts identified by the project coordinating committee under this subsection through the imposition of one or more permit conditions. The permit conditions imposed by the department pursuant to this paragraph may include, but are not limited to:
(A)A permit condition suggested by the project coordinating committee;
(B)A requirement that the operator fulfill the terms of a written agreement to compensate one or more owners or lessees of private property located within the impact area for loss of crops or reduced agricultural production or use of the land; or
(C)Other reasonable and practicable measures to avoid or minimize the conflicts, as determined by the department.
(c)For purposes of this subsection, the department shall determine the impact area of the proposed mining operation.
(3)In carrying out its responsibilities, the project coordinating committee shall include opportunities for public participation. [1991 c.735 §10; 2013 c.371 §14; 2017 c.736 §8]
Atty. Gen. Opinions
Power of Department of Environmental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100
Law Review Citations
4 EL 370 (1974)