(a) General procedures and timeframes. The following describes the general procedures in the processing of new or renewal permit applications under this Article.
(1) Before an application is submitted to the Administrator, the applicant is encouraged to request a pre-application meeting with the Administrator and staff to discuss the proposed operation and to clarify application procedures. At this presubmission meeting, the operation will be informally discussed, permit requirements identified, and the applicant will be provided with guidance in the mechanics of the application and review process based on information provided by the applicant.
(2) Each applicant subject to the requirements of this Article must submit five copies of the application pursuant to § 6-168 to the Administrator. The applicant must also submit full and complete copies to the following: County Surveyor, Soil and Water Conservation Service, Carmel City Engineer, Utilities Director, and any other person designated by the Administrator.
(3) The Administrator shall review the application and make a determination of a complete application within 45 days of the date of receipt by the Administrator. In the event that the Administrator determines that the application is incomplete, the Administrator shall communicate the deficiencies in writing to the applicant. A new completeness review period of 30 days shall commence from the date of receipt of the resubmitted application. If the Administrator fails to make a determination of a complete application within the timeframes above, the application will be deemed complete.
(4) When the Administrator deems the application complete, the applicant, upon receipt of written notification from the Administrator, shall:
a. Publish within five working days a statement of complete application in a local newspaper of general circulation in the City at least one time per week for two consecutive weeks;
b. Mail a copy of the statement of complete application by certified mail, return receipt requested, to each person identified in the application pursuant to subparagraphs (a)(8) - (12 ) of § 6-168; and,
c. Mail a copy of the statement of complete application by certified mail, return receipt requested, to every person who has made a written request to the Administrator for such statement .
(5) The statement of complete application shall identify that:
a. The complete application is available for public review;
b. The date on which the Administrator deemed the application complete;
c. The location(s) where the complete application can be reviewed; and,
d. That written comments on the complete application may be submitted to the Administrator for a period of 30 days from the date on which the Administrator deemed the application complete.
(6) The original return receipts for mail service shall be submitted to the Administrator by the applicant.
(7) At the time the application has been deemed complete, each applicant for a permit under this Article shall file within five working days of the date of complete application, an entire copy of the complete application for public inspection in the Carmel Public Library and at any other location designated by the Administrator.
(8) Any person may submit written comments concerning a permit application with respect to the effect of the proposed mine on the health, safety, or general welfare of the public, or, with respect to impact on the City's water supply to the Administrator within 30 days from the date of the statement of complete application. The Administrator shall, thereafter, transmit any comments received to the applicant and make the comments available to the public at the office of the Administrator.
(9) The Administrator may, in his discretion, schedule a public meeting within 60 days of the determination of complete application to hear comments and responses to either the application or the written statements received. A stenographic record of any such public meeting will be made.
(b) Decisions on applications.
(1) The Administrator shall approve or approve with conditions the application within 150 days of the determination of complete application.
(2) A complete application shall only be approved if the Administrator finds that:
a. The application is accurate and complete and in compliance with the requirements of this Article;
b. The mining activity will not impose a significant detrimental impact on the health, safety, and general welfare of the public or the City's water supply; and
c. The financial security requirements set forth herein are met.
(3) If the Administrator does not approve or deny the application within 150 days of the determination of complete application, the application shall be deemed approved.
(4) If the Administrator denies the application, the applicant may request a public hearing within 30 days of the date of the Administrator's denial of the application in accordance with § 6-177 of this Article.
(5) Any person directly adversely aggrieved by the Administrator's disposition of an application may request a public hearing within 30 days of the date of the Administrator's disposition of the application in accordance with § 6-177 of this Article.
(6) Notwithstanding the time periods for decisions specified in this Article, the Administrator shall not be required to issue a decision on an application, nor shall any application be deemed approved, until the applicant has provided:
a. Satisfactory proof of any public notice required;
b. Posted any financial security required; and,
c. Paid all fees and costs assessed by the Administrator.
(7) A permit issued under this Article is effective upon issuance. Within five working days after a permit is issued, the Administrator shall publish a declaration that the permit has been issued, in these locations:
a. A local newspaper of general circulation in the City at least one time per week for two consecutive weeks;
b. On the front page of the Department of Community Services website, for a period of 30 days; and
c. At the office of the Controller for the City for a period of 30 days.
(8) At any time during the review of an application for a new permit, modification, renewal, or transfer, the Administrator may request in writing additional information, concerning the information and studies identified in § 6-171(i), which is reasonably necessary to make any findings, determinations, or decisions on an application. Such a written request will be explicit, and will indicate a reasonable date by which the Administrator is to receive the additional information. Failure to provide information by the date specified in the request may be grounds for denial of the application.
(c) Miscellaneous provisions.
(1) Permits shall not be transferred or assigned without the express written consent of the Administrator.
(2) Renewal permit applications must be submitted at least 90 days before the expiration of the permit, and shall be subject to the same procedures and timeframes as for new applications in this section.
(3) If a renewal application submitted by the operator is timely and generally complete, the terms of the existing permit will continue until a decision is made on the renewal permit by the Administrator.
(4) The Administrator may or may not require a public meeting on a transfer application but is obligated to publish a statement of availability for review of the application, and a final declaration in the event that the permit transfer application has been approved.
(5) Any time period specified in this Article may be extended for good cause or by mutual written consent of the applicant and the Administrator.
(Ord. D-1686-04, 4-18-05; Ord. D-2505-19, 12-16-19)