§ 207.5 — Public notice and hearing

Iowa § 207.5

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 207: COAL MINING

Text

1. An applicant for a coal mining and reclamation permit or its renewal shall file a copy
of the application for public inspection with the county recorder of each county where the
mining is proposed to occur.
2. An applicant for a coal mining and reclamation permit or its renewal shall submit to
the division a copy of the applicant’s advertisement of the ownership, precise location, and
boundaries of the land to be affected. At the time of submission the advertisement shall
be placed by the applicant in a local newspaper of general circulation in the locality of the
proposed mine weekly for four consecutive weeks. The division shall notify various local
governmental bodies, planning agencies, sewage and water treatment authorities, and water
companies where the proposed mining will take place, informing them of the operator’s
intention to mine a particularly described tract of land, indicating the application number
and where a copy of the proposed mining and reclamation plan may be inspected. They
may submit written comments within a reasonable period established by the division on the
effect of the proposed operation on the environment within their area of responsibility. The
comments shall immediately be transmitted to the applicant and shall be made available to
the public at the same locations as the mining permit application.
3. A person having an interest which is or may be adversely affected or a federal, state,
or local governmental agency may file written objections to the proposed initial or revised
application for a permit for coal mining and reclamation operation with the division within
sixty days after the last publication of the advertisement. The objections shall immediately be
transmitted to the applicant and shall be made available to the public. If objections are filed
and an informal conference requested within a reasonable time, the division shall hold an
informal conference in the locality of the proposed mining operations and shall publish the
date, time and location in a newspaper of general circulation in the locality at least two weeks
prior to the scheduled conference date. Upon request by an interested party, the division may
arrange with the applicant access to the proposed mining area for the purpose of gathering
information relevant to the proceeding. An electronic or stenographic record shall be made
of the conference proceeding, unless waived by all parties. The record shall be maintained
and shall be accessible to the parties until final release of the applicant’s performance bond.
If all parties requesting the informal conference stipulate agreement prior to the conference
and withdraw their request, the conference need not be held.
4. An application for a permit shall show a certificate issued by an insurance company
authorized to do business in this state certifying that the applicant has a public liability
insurance policy in force for that mining and reclamation operation or evidence satisfactory
to the division that the applicant has an adequate self-insurance plan. The policy or
self-insurance plan shall provide for personal injury and property damage protection
adequate to compensate persons entitled to compensation because of damage as a result
of coal mining and reclamation operations including use of explosives. The policy or

self-insurance plan shall be maintained in full force and effect during the terms of the permit,
any renewal and all reclamation operations.

Legislative History

[C81, §83.5]