93.481 PERMIT TO MINE.
Subdivision 1. Prohibition against mining without a permit; application for a permit.
Except as provided in this subdivision, after June 30, 1975, no person shall engage in or carry
out a mining operation for metallic minerals within the state unless the person has first obtained
a permit to mine from the commissioner. Any person engaging in or carrying out a mining
operation as of the effective date of the rules promulgated under section
shall apply for a
permit to mine within 180 days after the effective date of such rules. Any such existing mining
operation may continue during the pendency of the application for the permit to mine. The person
applying for a permit shall apply on forms prescribed by the commissioner and shall submit such
information as the commissioner may require, including but not limited to the following:
(a) A proposed plan for the reclamation or restoration, or both, of any mining area affected
by mining operations to be conducted on and after the date on which permits are required for
mining under this section;
(b) A certificate issued by an insurance company authorized to do business in the United
States that the applicant has a public liability insurance policy in force for the mining operation
for which the permit is sought, or evidence that the applicant has satisfied other state or federal
self-insurance requirements, to provide personal injury and property damage protection in an
amount adequate to compensate any persons who might be damaged as a result of the mining
operation or any reclamation or restoration operations connected with the mining operation;
(c) A bond which may be required pursuant to section
(d) A copy of the applicant's advertisement of the ownership, location, and boundaries of the
proposed mining area and reclamation or restoration operations, which advertisement shall be
published in a legal newspaper in the locality of the proposed site at least once a week for four
successive weeks before the application is filed, except that if the application is for a permit to
conduct lean ore stockpile removal the advertisement need be published only once.
Subd. 2. Commissioner's review; hearing; burden of proof.
Within 120 days after
receiving the application, or after receiving additional information requested, or after holding a
hearing as provided in this section, the commissioner shall grant the permit applied for, with or
without modifications or conditions, or deny the application. If written objections to the proposed
application are filed with the commissioner within 30 days after the last publication required
pursuant to this section or within seven days after publication in the case of an application to
conduct lean ore stockpile removal, by any person owning property which will be affected by the
proposed operation or by any federal, state, or local governmental agency having responsibilities
affected by the proposed operations, a public hearing shall be held by the commissioner in the
locality of the proposed operations within 30 days of receipt of such written objections and after
appropriate notice and publication of the date, time, and location of the hearing. The commissioner
shall determine that the reclamation or restoration planned for the operation complies with
lawful requirements and can be accomplished under available technology and that a proposed
reclamation or restoration technique is practical and workable under available technology.
Subd. 3. Term of permit; amendment.
A permit issued by the commissioner pursuant to this
section shall be granted for the term determined necessary by the commissioner for the completion
of the proposed mining operation, including reclamation or restoration. A permit may be amended
upon written application to the commissioner. If the commissioner determines that the proposed
amendment constitutes a substantial change to the permit, the person applying for the amendment
shall publish notice in the same manner as for a new permit, and a hearing shall be held if written
objections are received in the same manner as for a new permit. An amendment may be granted
by the commissioner if the commissioner determines that lawful requirements have been met.
Subd. 4. Revocation, modification, suspension.
A permit is irrevocable during its term
except as follows:
(a) The permittee has not commenced substantial construction of plant facilities or actual
mining and reclamation or restoration operations covered by the permit within three years
of issuance of the permit;
(b) A permit may be canceled at the request or with the consent of the permittee upon such
conditions as the commissioner determines necessary for the protection of the public interests;
(c) Subject to the rights of the permittee to contest the commissioner's action under sections
and related sections, a permit may be modified or revoked by the commissioner
in case of any breach of the terms or conditions thereof or in case of violation of law pertaining
thereto by the permittee, or agents, or servants of the permittee, or in case the commissioner finds
such modification or cancellation necessary to protect the public health or safety, or to protect
the public interests in lands or waters against injury resulting in any manner or to any extent not
expressly authorized by the permit, or to prevent injury to persons or property resulting in any
manner or to any extent not so authorized, upon at least 30 days' written notice to the permittee,
stating the grounds of the proposed modification or revocation or providing a reasonable time of
not less than 15 days in which to take corrective action and giving the permittee an opportunity
to be heard thereon;
(d) By written order to the permittee the commissioner may forthwith suspend operations
under a permit if the commissioner finds it necessary in an emergency to protect the public health
or safety or to protect public interests in lands or waters against imminent danger of substantial
injury in any manner or to any extent not expressly authorized by the permit, or to protect persons
or property against such danger, and may require the permittee to take any measures necessary to
prevent or remedy such injury. No suspension order under this clause shall be in effect more than
30 days from the date thereof without giving the permittee at least ten days' written notice of the
order and an opportunity to be heard thereon.
Subd. 5. Assignment.
A permit may not be assigned or otherwise transferred without the
written approval of the commissioner.
Subd. 6. Reclamation rules required before issuance of a permit to mine.
taconite and iron ore mining permits, no permit to mine metallic minerals may be issued by
the commissioner until rules relating to reclamation of metallic mineral minelands have been
amended, or new rules adopted, under sections
and in the manner provided in
chapter 14, for the reclamation of minelands of the class for which the permit application is
submitted. This section does not apply to metallic minerals which are mined incidentally to the
mining of a mineral included in any mineland reclamation rule and covered by the permit to mine
which has been issued for the mining project.
History: 1973 c 526 s 5; 1982 c 424 s 130; 1983 c 270 s 5; 1986 c 444; 1993 c 113 art 4 s 2,3