SB 542

Processing of application for iron mining permit

Under current law, a person who proposes to mine for metallic minerals must

obtain a mining permit from the Department of Natural Resources (DNR), as well

as any other permit, license, certification, or other authorization (approval) that is

required under other environmental and natural resources laws. The law requires

DNR to prepare an environmental impact statement (EIS) for every proposed

metallic mine and to hold an informational meeting on a preliminary version of the

EIS. After the EIS is finalized, DNR must hold a public hearing, including a

contested case hearing, before acting on the application for the mining permit and

other environmental and natural resources approvals. Current law does not specify

a time, after the application for a mining permit is filed, within which DNR must act

on a metallic mining permit application. It does require the mining hearing to be

held between 120 days and 180 days after DNR issues the EIS and requires DNR to

act on the permit within 90 days after the completion of the record for the public

hearing.

This bill establishes additional deadlines for DNR to act on the application for

a mining permit if the proposed mine is an iron mine and DNR determines, based on

information provided by the applicant, that it is not likely that any of the areas

disturbed by the mining will contain significant amounts of sulfide minerals

(nonsulfide iron mine). Under the bill, DNR must generally hold the informational

meeting on the preliminary EIS for a proposed nonsulfide iron mine within 270 days

after the application for the permit is complete and must generally issue or deny the

mining permit application within 270 days after that informational meeting

concludes. The applicant may propose any number of extensions to the deadlines and

any extensions proposed by the applicant automatically take effect. DNR may not

propose more than three extensions for any one permit application. If DNR and the

applicant do not agree to an extension proposed by DNR, including the length of the

extension, DNR may request a hearing examiner appointed by the administrator of

the Division of Hearing and Appeals in the Department of Administration (the

division) to resolve the disagreement. The hearing examiner determines whether

there is good cause for an extension and, if so, specifies the length of the extension.

The deadlines may also be extended by DNR if the U.S. Army Corps of Engineers

notifies DNR that an extension is necessary to allow DNR and the U.S. Army Corps

of Engineers to jointly prepare the EISs for the proposed nonsulfide iron mine.

The bill requires the administrator of the division to appoint a hearing

examiner to conduct the informational meeting and the public hearing on the

application for a mining permit for proposed nonsulfide iron mining and to appoint

the same hearing examiner to resolve any disagreements over extensions of

deadlines for DNR actions. The bill requires the hearing examiner to conduct a

conference with the parties before the hearing on the permit application, to