§ 26A-07-030. Appeals to state mining and geology board.

(a)

Appeal to State Board. An applicant whose request for a permit to conduct surface mining operations in an area of statewide or regional significance, as defined in the Surface Mining and Reclamation Act, has been denied by the county board of supervisors, or any person who is aggrieved by an action of the board of supervisors to approve a permit to conduct surface mining operations in an area of statewide or regional significance, may appeal to the state board within fifteen (15) calendar days of the county's final determination. If the state board determines the decisions of the county are not supported by substantial evidence in light of the whole record, the board of supervisors shall schedule and hold a public hearing to reconsider its action.

(b)

Any party finding that the county has not reviewed and approved a reclamation plan or financial assurance in a timely fashion or has denied such approval contrary to the approval requirements or procedures set forth in SMARA, or has failed to act according to due process, may appeal that action or inaction to the State Mining and Geology Board. Pursuant to SMARA, the state board may decline to hear the appeal if it raises no new substantial issues or may accept the appeal and schedule a public hearing to determine whether the subject reclamation plan or financial assurance satisfies the applicable requirements of SMARA. Reclamation plans or financial assurances which are found to be deficient by the state board shall be returned to the applicant with a notice of the deficiencies so that they can be revised to meet the standards and resubmitted to the county for review and approval.

(Ord. No. 5165 § 1, 1999.)