How to Obtain a Mined Land Reclamation Permit
An applicant for a Mined Land Reclamation Permit must submit a Mined Land-Use Plan that sets forth, in detail, an outline of the mining property and affected land and the applicants mining and reclamation plan. The mined land-use plan must be prepared by an engineer, geologist, licensed land surveyor or other person trained in map and plan preparation, on behalf of the applicant. The Regional Mined Land Reclamation Specialists are available to answer questions and to comment on the plan preparation. A pre-application meeting is recommended. The Mined Land Use Plan must include both narrative and graphics that set forth in detail the proposed mining operations and reclamation activities. The plan must be legible, neat and prepared to scale (preferably 1" = 200'). Plans that are not legible or drawn to scale will be rejected.
Before taking on an application, the department may require additional information necessary or appropriate to achieve the policies of the mined land reclamation law.
After a mined land reclamation permit application has been approved, the applicant must furnish financial security conditioned upon conformance with the approved Mined Land Use Plan. The applicant will be informed of the required amount during the application process and must furnish the surety prior to issuance of the permit.
After the Department issues a mining permit, the permittee shall not depart from the Mined Land Use Plan without prior approval by the Department of an alteration or amendment.
An applicant for a Mined Land Reclamation Permit must submit the following: (all forms may be obtained from the Division's Albany office or the Regional Mined Land Reclamation Specialist at the appropriate Regional DEC office.)
1. Mining Permit Application (PDF file, 247 KB) This file requires Adobe Acrobat to view (1346 k))
Answer all the questions on this form. Questions left blank will prevent the Department from considering the application complete. Questions regarding acreage are critical. Be sure to obtain the landowner's signature if the landowner is not the applicant. If the land is being sold through a land contract, the signature of the title holder (person selling the land) is required.
2.Mined Land Organizational Report (PDF file, 31 KB) Fill out the entire page. If a town is the applicant, then the supervisor's and councilmen's names must be listed. Be sure to have the form notarized.
Once the form appears in Adobe click within the area you want to fill-in and begin typing.
3. Environmental Assessment Form (PDF file, 1,902 KB)
A long form is required for Type I actions under the State Environmental Quality Review Act (SEQRA).
A Mining EAF (PDF file, 231 KB) has been designed to provide supplementary information essential for the Department to make a SEQR determination of significance, to more thoroughly describe the proposed operation and to ascertain a mining permit application's compliance with NYS Mined Land Reclamation Law. The Mining EAF should be used in place of the Short EAF for SEQR Unlisted Actions. However, the Mining EAF should be used in conjunction with the Long EAF for SEQR Type 1 actions. Please refer to SEQR to determine if a proposed application is SEQR Type 1 or Unlisted.
4. Mined Land-Use Plan
A Mined Land-Use Plan is a required part of any application. Renewal applications must include an updated plan to be considered complete.
Once a permit application is deemed complete, the Department is required to follow time frames as outlined by the Uniform Procedures Act. Briefly stated, a determination on a "minor" project must be made within 45 days from the date of completeness and within 90 days for a "major" project.
All new mining permit applications (including "minor" projects) are subject to a 30-day comment period for the local government. The applications are also subject to review under the State Environmental Quality Review Act (SEQRA) and the State Historic Preservation Act (SHPA). Under SEQRA, the project is evaluated to determine whether there will be any adverse environmental impacts. If so, an Environmental Impact Statement (EIS) may be required.
The permit process also requires that all "major" project applications be subject to a 30-day public comment period. No mining permit can be issued prior to the end of the public comment period.
The Department is allowed a maximum of 90 days to act on a complete application.
These required comment periods result in a minimum 45 day wait for a "minor" project permit and almost 90 days for a typical "major" project permit review.
- See Technical Guidance Memorandum #MLR92-2 for more information on mined land permit processing