Current through Bulletin 2024-18, September 15, 2024
210. Division Review of Permits.
211. The Division will review each permit
issued and outstanding under the State Program during the term of the permit.
This review will occur not later than the middle of each permit term and as
follows:
211.100. Permits with a term longer
than five years will be reviewed no less frequently than the permit midterm or
every five years, whichever is more frequent;
211.200. Permits with variances granted in
accordance with R645-302-220 and R645-302-280 will be reviewed no later than
three years from the date of issuance of the permit unless, for variances
issued in accordance with R645-302-220, the permittee affirmatively
demonstrates that the proposed development is proceeding in accordance with the
terms of the permit; and
211.300.
Permits containing experimental practices issued in accordance with
R645-302-210 and permits with a variance from approximate original contour
requirements in accordance with R645-302-270 will be reviewed as set forth in
the permit or at least every two and one-half years from the date of issuance
as required by the Division in accordance with R645-302-217 and R645-302-273,
respectively.
212. After
the review required by R645-303-211, or at any time, the Division may, by
order, require reasonable permit change in accordance with R645-303-220 to
ensure compliance with the State Program.
213. Any order of the Division requiring
permit change will be based upon written findings and will be subject to the
provisions for administrative and judicial review under
R645-300-200.
Copies of the order will be sent to the permittee.
214. Permits may be suspended or revoked in
accordance with R645-400.
221. At any time
during the term of a permit, the permittee may submit to the Division, pursuant
to R645-303-220, an Application for Permit Change. The Division will review and
respond to an initial Application for a Permit Change within 15 days of receipt
of the application.
222. The
operator will obtain approval of a permit change by making application in
accordance with R645-303-220 for changes in the method of conduct of mining or
reclamation operations or in the conditions authorized or required under the
approved permit; provided, however, that any extensions to the approved permit
area, except for Incidental Boundary Changes, must be processed and approved
using the procedural requirements of R645-303-226.
223. The Application for Permit Change will
identify the proposed change, or changes, and include the information required
under, R645-301, and R645-302 to the extent applicable to the proposed change
or changes. The Application for Permit Change will be categorized as a
Significant Permit Revision if it involves any of the changes or circumstances
set forth in R645-303-224. All other Applications for Permit Change, including
Incidental Boundary Changes, will be categorized as Permit
Amendments.
224. An Application for
Permit Change must be categorized and processed as a Significant Permit
Revision for any of the following changes or circumstances:
224.100. An increase in the size of the
surface or subsurface disturbed area in an amount of 15 percent, or greater,
than the disturbed area under the approved permit;
224.200. Engaging in operations outside of
the cumulative impact area as defined in the Cumulative Hydrologic Impact
Assessment (CHIA);
224.300.
Engaging in operations in hydrologic basins other than those authorized in the
approved permit;
224.400. In order
to continue operation after the cancellation or material reduction of the
liability insurance policy, capability of self-insurance, performance bond, or
other equivalent guarantee upon which the original permit was issued;
or
224.500. As otherwise required
under applicable law or regulation.
225. Applications for Significant Permit
revisions and Permit Amendments will be submitted to the Division at least 120
days and 60 days, respectively, before the change in operations is expected to
be implemented.
226. Significant
Permit Revisions as provided in R645-303-224 will be reviewed and processed by
the Division in accordance with the requirements of
R645-300-100 and
R645-300-200,
and the information requirements of R645-301 and R645-302, including
requirements for notice, public participation, and notice of
decision.
227. Permit Amendments
will be processed in accordance with the requirements of
R645-300-100 and
R645-300-200,
and the information requirements of R645-301 and R645-302, except that permit
amendments will not be subject to requirements for notice, public
participation, or notice of decision of
R645-300-100.
228. The Division will approve or disapprove
the Application for Significant Permit Revisions and Permit Amendments, within
120 days and 60 days, respectively, of receipt by the Division of the
Administratively Complete Application for Permit Change. The Director may
extend the designated time period if it is determined that due to weather
conditions, or other considerations, it is physically impossible to perform the
review of the Application for Permit Change within that time period.
231. General. A valid permit, issued pursuant
to the State Program, will carry with it the right of successive renewal,
within the approved boundaries of the existing permit, upon expiration of the
term of the permit.
232.
Application Requirements and Procedures.
232.100. An application for renewal of a
permit will be filed with the Division at least 120 days before expiration of
the existing permit term.
232.200.
An application for renewal of a permit will be in the form required by the
Division and will include at a minimum:
232.220. Evidence that a liability insurance
policy or adequate self-insurance under
R645-301-800 will be provided by the applicant for the proposed period of renewal;
232.230. Evidence that the performance bond
in effect for the operation will continue in full force and effect for any
renewal requested, as well as any additional bond required by the Division
pursuant to
R645-301-800;
232.240. A copy of the proposed newspaper
notice and proof of publication of same, as required by R645-300-121.100;
and
232.250. Additional, revised,
or updated information required by the Division.
232.300. Applications for renewal will be
subject to the requirements of public notification and public participation
contained in R645-300-120 and R645-300-152.
232.400. If an application for renewal
includes any proposed revisions to the permit, such revisions will be
identified and subject to the requirements of R645-303-220.
232.500. Irrespective of any other R645 rule
requirements for permitting coal mining and reclamation operations, a permittee
may renew a permit for the purpose of reclamation only if solely reclamation
activities remain to be done and no coal will be extracted, processed, or
handled. Obligations established under a permit will continue regardless of
whether the authorization to extract, process, or handle coal has expired or
has been terminated, revoked, or suspended.
233. Approval Process.
233.100. Criteria for approval. The Division
will approve a complete and accurate application for permit renewal, unless it
finds, in writing that:
233.110.
The terms and conditions of the existing permit are not being satisfactorily
met;
233.120. The present coal
mining and reclamation operations are not in compliance with the environmental
protection standards of the State Program;
233.130. The requested renewal substantially
jeopardizes the operator's continuing ability to comply with the State Program
on existing permit areas;
233.140.
The operator has not provided evidence of having liability insurance or
self-insurance as required in R645-301-890;
233.150. The operator has not provided
evidence that any performance bond required to be in effect for the operation
will continue in full force and effect for the proposed period of renewal, as
well as any additional bond the Division might require pursuant to
R645-301-800;
or
233.160. Additional, revised, or
updated information required by the Division under R645-303-232.250 has not
been provided by the applicant.
233.200. Burden of Proof. In the
determination of whether to approve or deny a renewal of a permit, the burden
of proof will be on the opponents of renewal.
233.300. Alluvial Valley Floor Variance. If
the coal mining and reclamation operation authorized by the original permit was
not subject to the standards contained in sections
40-10-11(2)(e)(i) and (ii) of the Act and R645-302-320, because
the permittee complied with the exceptions in the proviso to section
40-10-11(2)(e)(ii) of the Act, the portion of the application for renewal of the permit that
addresses new land areas previously identified in the reclamation plan for the
original permit will not be subject to the standards contained in sections
40-10-11(2)(e)(i) and (ii) of the Act and
R645-302-320.
234.
Renewal Term. Any permit renewal will be for a term not to exceed the period of
the original permit established under R645-300-150.
235. Notice of Decision. The Division will
send copies of its decision to the applicant, to each person who filed comments
or objections on the renewal, to each party to any informal conference held on
the permit renewal, and to the Office.
236. Administrative and Judicial Review. Any
person having an interest which is or may be adversely affected by the decision
of the Division will have the right to administrative and judicial review set
forth in
R645-300-200.
