If the department determines additional time is needed to review the technical contents of a large scale mining operation permit application, the department and the applicant may negotiate a time extension, not to exceed forty - five days

If the department and applicant are unable to reach agreement on an extension, the board shall determine if an extension should be granted. Prior to the holding of any such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing or statement in support of the application pursuant to § 45-6B-28 , and shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the proposed mining operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted pursuant to chapter 1-26 . A final decision on the application shall be made within one hundred twenty days of the receipt of the application unless a time extension occurs, in which case the decision shall be made within thirty days following the hearing. In the event of serious unforeseen circumstances or significant snow cover on the affected land that prevents a necessary on - site inspection, the board may reasonably extend the maximum time sixty days. Source: SL 1982, ch 305 , § 30; SL 1987, ch 320 , § 3; SL 1988, ch 360 , § 3.