§ 82-4-229 — Minor Revisions -- Application -- Exemptions

82-4-229 . (Temporary) Minor revisions -- application -- exemptions. (1) During the term of a permit, the permittee may apply to the department to revise the permit and reclamation plan. Major revisions are subject to the provisions of 82-4-225 .
(2) An application for a minor revision must:
(a) summarize proposed changes in sufficient detail for the department to determine that reclamation required under state and federal law will be accomplished;
(b) contain evidence that the changes in disturbed acres are insignificant in impact relative to the entire operation;
(c) identify previous environmental analyses relevant to the revision and demonstrate that the minor revision does not significantly change the human environment;
(d) document the adequacy of existing bonding; and
(e) include evidence that the permittee provided notice of the application for permit revision to the affected surface owner.
(3) Minor revisions are not subject to 82-4-231 and are exempt from the provisions of Title 75, chapter 1, parts 1 and 2.
(4) The department shall:
(a) notify the permittee if the minor revision application is adequate within 30 days of receipt; and
(b) approve the application within 60 days of the date the applicant is notified the application is adequate, provided the department determines the minor revision meets the requirements of this section and ensures adequate reclamation. Upon agreement of the permittee and the department, the period may be extended 30 days. (Terminates on occurrence of contingency--sec. 6, Ch. 524, L. 2023.)

Legislative History

En. Sec. 1, Ch. 524, L. 2023.