Revision of Permit — Transfer, Assignment, or Sale Prohibited Without Approval. [Contingent Effective Date, See Compiler's notes.]
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During the term of the permit, the permittee may submit to the commissioner an application for a revision of the permit, together with a revised reclamation plan. The commissioner may also require the revision of a permit or a mining or reclamation plan if the present plan is inadequate to protect the public and the environment consistent with this part.
The commissioner shall not approve an application for a revision of a permit unless the commissioner finds that the revision meets all the standards of this part and the board's rules. The board shall establish, by rules promulgated under § 59-8-103(b)(1), 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, apply. Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
The permittee may modify the approved mining and reclamation plan by submitting a modification of the mining and reclamation plan to the department for approval if:
The surface coal mining operations or reclamation operations actually conducted by the permittee or operator meet the standards of this part and the board's rules, but do not conform with the mining and reclamation plan on file with the department; and
The deviations do not constitute a significant departure from the method of conduct of surface coal mining and reclamation operations approved by the commissioner.
The commissioner shall approve the modification upon finding that the modification meets all the standards of this part and the board's rules.
No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this part shall be made without the commissioner's written approval.
In addition to any other review required by federal law or regulations, the commissioner shall, within one (1) year after the effective date of this part, review outstanding surface coal mining and reclamation operation permits. The commissioner may require reasonable revision or modification of the permit provisions during the term of the permit; provided, that the revision or modification is based upon a written finding and subject to notice and hearing requirements and the board's rules, and may be appealed as provided in § 59-8-120.