(A) (1) The Permit Review Committee consists of five individuals that include the following:
(a) The County Surveyor, or the County Surveyor’s designee, who shall serve as Chairperson of the Committee;
(b) The County Road Supervisor, or the County Road Supervisor’s designee, who shall serve as Vice-Chairperson of the Committee;
(c) One County Commissioner appointed by the Commissioners;
(d) One county resident with knowledge in the area of mining, reclamation, geology, hydrology, civil engineering or another technical field that the Commissioners believe would be useful to the Committee; and
(e) One county resident who owns property in the county.
(2) A member of the Committee may not have a personal or financial interest in the lands affected by the permit application.
(B) The Committee:
(1) May do the following:
(a) Inspect the lands that are part of the application for the permit;
(b) Require additional information related to the information and proposed surface mining operation from the applicant; and
(c) Hold additional public meetings on the permit application.
(2) Shall do the following:
(a) Review the permit application;
(b) Allow testimony from the applicant and any other interested parties;
(c) Prepare a written report to the Commissioners that contains recommendations that are approved by a majority of the Committee members present concerning the following:
1. Whether or not the permit should be granted. The Committee may only recommend denial of a permit for the reasons listed in division (C) below. The report must state the specific reasons for the denial recommendation;
2. The amount of the applicant’s surety bond or irrevocable letter of credit; and
3. Any other conditions in the permit to assure that the application site is properly reclaimed and that the public heath and safety, other property and the environment is not harmed.
(C) The Committee may only recommend the denial of an application for the following reasons:
(1) The applicant’s reclamation plan does not assure adequate reclamation of the affected areas;
(2) The applicant’s reclamation or surface mining operation, as planned, will likely cause a danger to the public safety, public health, property or environment;
(3) The Committee has been denied access to inspect the lands which are part of the application for the permit; and
(4) The applicant has not provided the information required to be in the application under § 154.04 or has not provided additional information requested by the Committee.
(BC Ord. 1995-14, passed 10-23-1995)