(A) The commission shall approve or deny an application for a surface mining permit after conducting a public hearing. If notification of the filing of the application has been given pursuant to section 25-26(B), such hearing shall not be held until the State Department of Transportation submits its comments or until 45 days from the date the application was accepted as complete, whichever occurs first.
(B) The commission may approve a surface mining permit application upon making the following findings:
(1) The proposed surface mining operation will not be detrimental to the public health, safety and welfare.
(2) The proposed surface mining operation is consistent with the requirements of the SMARA, the SMARA Regulations and this chapter.
(3) The mining plan has been reviewed if and as required by CEQA and any significant, adverse impacts of the proposed mining operation are mitigated to the extent feasible by conditions imposed pursuant to subsection (C) of this section or otherwise.
(C) The commission may impose such conditions as deemed reasonably necessary when approving a surface mining permit.
(D) The director shall send a copy of each approved surface mining permit, any conditions imposed on such permit, and relevant supporting documents to the State Department of Conservation.
(Ord. No. 2579)