§ 34-33-118 — Public notice and public hearings on complete applications

(1)
Upon submission of an application for permit, or revision or renewal thereof, as
provided by this article, the office shall, within ten days of receipt of said
application, review the submission and determine if it is complete. If the application
is complete, the applicant shall be duly notified and the application shall be
considered filed for the purposes of this article. If the application is incomplete,
notice to that effect shall be mailed to the applicant within said ten-day period, and
the applicant shall be given the opportunity to amend, revise, or otherwise make
said application complete. At the time of submission of an application for a permit,
or for renewal or revision of an existing permit, pursuant to the provisions of this
article, the applicant shall submit to the office the proposed notice of publication of
the ownership, precise location, and boundaries of the land to be affected by the
proposed surface coal mining operation.

(2) Upon notification to the applicant that the application for a permit or the
application for a permit revision or renewal is complete, the applicant shall place
the notice of ownership, precise location, and boundaries of land to be affected by
the proposed surface coal mining operation in a local newspaper of general
circulation in the locality of said operation. This publication shall be published at
least once a week for four consecutive weeks.

(3) On or before the time of first publication, the office shall notify
appropriate state and federal agencies and various local government bodies,
municipalities, regional planning commissions, boards of county commissioners,
county planning agencies, sewage and water treatment authorities, and water
conservancy and water conservation districts in the locality in which the proposed
surface coal mining operations will take place of the operator's application
indicating the application number, a legal description of the land covered by the
application, and where a copy of the application may be inspected. These local
bodies, agencies, or authorities may submit written comments, within thirty days of
the last publication of the above notice, with respect to the effect of the proposed
operation on the environment which is within their area of responsibility. Such
comments shall be immediately transmitted to the applicant by the office and shall
be made available to the public at the same locations as the permit application.

(4) Any person having an interest which is or may be adversely affected by a
decision of the office regarding the proposed surface coal mining operation, or the
officer or head of any federal, state, or local government agency or authority, shall
have the right to submit written objections to or comments upon the initial or
revised application for a permit to the office within thirty days after the last
publication of the above notice. Such objections and comments shall immediately
be transmitted to the applicant by the office and shall be made available to the
public, at the same locations as the permit application.

(5) Within sixty days of the filing of an application for a permit, the office
shall review said application and notify the applicant of preliminary findings as to
the substantive adequacy or inadequacy of the application.

(6) Within thirty days after the last publication of the notice specified in
subsection (2) of this section, any person who files objections or comments
pursuant to subsection (3) or (4) of this section may also request an informal
conference. If an informal conference is requested, the office shall hold an informal
conference in the locality of the proposed surface coal mining operation. Notice of
the date, time, and location of such informal conference shall be given to the
applicant and published by the office in a newspaper of general circulation in the
locality of the conference at least two weeks prior to the scheduled conference
date. The informal conference shall be held within a reasonable time after close of
the comment periods specified under subsections (3) and (4) of this section but no
later than thirty days after the close of said periods. The office may arrange with
the applicant, upon request by any person who has submitted objections,
comments, or a request for an informal conference, access to the proposed mining
area for the purpose of gathering information relevant to the proceedings. An
electronic or stenographic record shall be made of the informal conference, unless
waived by all parties thereto. Such record shall be maintained by the office and
shall be accessible to the parties until final release of the applicant's performance
bond. In the event that all persons requesting the informal conference stipulate
agreement prior to the requested informal conference and withdraw their request,
such informal conference need not be held.

Legislative History

Source: L. 79: Entire article added, p. 1272, � 1, effective July 1. L. 92: Entire section amended, p. 1954, � 61, effective July 1.