(1) (a) During the term of the permit, the permittee may submit an application for revision of the permit, together with any necessary revisions to the reclamation plan, to the office.
An application for revision of a permit shall not be approved unless the office findsthat the reclamation required by this article can be accomplished under any necessary revisions to the reclamation plan. The revisions shall be approved or disapproved within the time periods provided for by sections 34-33-118 and 34-33-119. The board shall, by regulation, establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; except that any revisions which propose significant alterations in the reclamation plan shall be subject to notice and hearing requirements.
Any applications for extension of the area covered by the permit, except incidentalboundary revisions, must be made by application for a permit revision or another permit.
No transfer, assignment, or sale of rights granted under any permit issued pursuant tothis article shall be made without the written approval of the division.
The office shall, within a time limit prescribed in regulations promulgated by theboard, review outstanding permits and may, for good cause shown, require reasonable revisions or modifications of the permit provisions during the term of each such permit; except that such revisions or modifications shall be based upon written findings and shall be subject to the notice and hearing requirement established by this article.
Source: L. 79: Entire article added, p. 1270, § 1, effective July 1. L. 92: Entire section amended, p. 1952, § 58, effective July 1. L. 95: (1)(c) amended, p. 148, § 3, effective April 7. 34-33-116. Technical revision of permit - regulations. (1) During the term of the permit, the permittee may submit an application for a technical revision of the permit to the office.
(2) An application for a technical revision of a permit shall contain:
An identification of the permit by permit number or other appropriate reference which is the subject of the technical revision;
A specific description of the requested change in the terms of the permit; and
Such other information as may be necessary for the office to properly evaluate thetechnical revision.
Consistent with the provisions of subsection (2) of this section, the board may promulgate regulations further defining the form and content of applications for technical revisions; except that applications for technical revisions shall not be subject to the full standards and information requirements applicable to new permit applications under this article; and except that the board or office may reasonably request additional information to evaluate the proposed technical revision.
The board shall promulgate regulations providing for the processing of applicationsfor technical revisions, which regulations shall provide for adequate public notice of such applications and an opportunity for an expeditious hearing before the board for any person who may be adversely affected by the proposed technical revision.
Within sixty days after the filing of a complete application for a technical revision,the office shall issue a proposed decision approving or denying the application in whole or in part. A written copy of such decision shall be promptly provided to the permittee and shall be published once in a newspaper of general circulation in the locality of the affected surface coal mining operation. Any requests for a hearing regarding the proposed decision of the office must be received in writing by the office within ten days after such publication. If no request for a hearing is received within such ten-day period, the proposed decision of the office shall immediately become final.
Source: L. 79: Entire article added, p. 1271, § 1, effective July 1. L. 92: Entire section amended, p. 1953, § 59, effective July 1.