(a) New Permits. An application for a new permit may be submitted for a term not to exceed five years. A complete application for a new permit must be accompanied by a $10,000 application fee and contain:
(1) A completed application in the form specified by the Administrator;
(2) A legal description and acreage of the affected land;
(3) A vicinity map of the area, showing:
a. The affected land;
b. The portion of the affected land being mined, and proposed to be mined;
c. Any dedicated public rights-of-way and easements, including public streets;
d. The boundaries of all adjacent and adjoining property lying within 660 feet of the affected land, or a depth of two property ownerships, whichever is less, and consistent with § 6-168(a)(4);
(4) A listing of names and addresses of the owners of property lying within 660 feet of the affected land, or a depth of two property ownerships, whichever is less, as shown by a certified issue of the Auditor of Hamilton County (or adjacent county), or by a title insurance company, and dated not more than 45 days prior to the date of the application;
(5) A copy of all applications, approvals, or permits needed from other city, county, state, or federal agencies for the purposes of mining or processing;
(6) A copy of all letters of grant, or other approvals from all City boards or committees, if applicable;
(7) The identity of the operator if the operator is a person different from the applicant;
(8) The name of every legal owner of the affected land (surface and mineral);
(9) The name of every owner of any leasehold interest in the affected land;
(10) The name of any purchaser of record of the affected land under a real estate contract;
(11) If the applicant is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent;
(12) If the applicant is a partnership, corporation, association, or other business entity, the following where applicable:
a. The names and addresses of every officer, partner, or director or person performing a function similar to a director of the applicant;
b. The name and address of each person owning, of record, at least 10% of any class of voting stock of the applicant; and
c. A list of all names under which the applicant, partner, or principal shareholder previously operated a mine within the United States within the last five years preceding the date of submission of the application;
(13) A statement of whether the applicant or a subsidiary, an affiliate, or a person controlled by or under common control with the applicant has ever held a mining permit that within the five-year period preceding the date of the application was suspended or revoked or is in the process of revocation, and if so, a brief explanation of the facts involved and identification of the state in which this action occurred;
(14) A statement of whether the applicant or a subsidiary, an affiliate, or a person controlled by or under common control with the applicant has ever had a mining bond or similar security deposited in lieu of bond forfeited, and if so, a brief explanation of the facts involved and identification of the state in which this action occurred;
(15) A listing of all notices of violations, and their final resolution, of a federal statute or regulation, or a state statute or rule pertaining to air quality or water quality incurred by the applicant or a subsidiary, an affiliate, or a person controlled by or under common control of the applicant in connection with any mine during the three-year period before the date of the application;
(16) A mining plan per § 6-171.
(b) Permit renewals and transfers. Permits issued pursuant to this Article are renewable or transferable. A complete application for renewal or transfer shall be submitted to the Administrator accompanied by a $10,000 application fee, and, shall contain the following information:
(1) Completed application form consistent with the requirements of § 6-168(a);
(2) An updated mining plan;
(3) A written description of any changes to the mining plan;
(4) An identification of reclamation accomplished during the existing permit term;
(5) Copies of all applications, approvals or permits needed from other city, county, state or federal agencies; and
(6) Other related information that may be required by the Administrator consistent with the objectives and requirements of this Article.
(c) Permit modifications. In the event that the operator requests a modification to an existing permit because of a change in mining method, depth or the expansion into additional lands as examples, that application will be treated as a new application, and all requirements of this Article will apply. The original permit conditions will remain in effect until a decision has been made on the modification application.
(Ord. D-1686-04, 4-18-05)