1.During the term of the permit the permittee may submit an application for a revision of
the permit, together with a revised reclamation plan, to the commission.
2.An application for a revision of a permit may not be approved unless the commission
finds that reclamation as required by this chapter can be accomplished under the
revised reclamation plan. The revision must be approved or disapproved within a
reasonable time as established by commission regulation. The commission shall
establish 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 hearing, shall apply. Any revisions which propose significant alterations in the
reclamation plan are, at a minimum, subject to t
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1. During the term of the permit the permittee may submit an application for a revision of
the permit, together with a revised reclamation plan, to the commission.
2. An application for a revision of a permit may not be approved unless the commission
finds that reclamation as required by this chapter can be accomplished under the
revised reclamation plan. The revision must be approved or disapproved within a
reasonable time as established by commission regulation. The commission shall
establish 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 hearing, shall apply. Any revisions which propose significant alterations in the
reclamation plan are, at a minimum, subject to the notice and hearing requirements of
sections 38-14.1-18, 38-14.1-19, and 38-14.1-20.
3. Any extensions to the area covered by the permit except incidental boundary revisions
must be made by application for another permit.
4. No transfer, assignment, or sale of the rights granted under any permit issued
pursuant to this chapter may be made without the written approval of the commission.
The commission shall deny approval to the successor in interest of the permittee if the
successor in interest is unable to obtain the bond coverage of the original permittee or
its equivalent. If the successor in interest is able to obtain the bond coverage of the
original permittee, or its equivalent, the successor in interest may arrange for the
continuation of surface mining and reclamation operations according to the approved
surface mining and reclamation plan of the original permittee pending commission
approval of the transfer, assignment, or sale of the rights granted under said permit
and any necessary revision or modification of said permit, provided the successor in
interest furnishes the necessary information to the commission within thirty days of
succeeding to such interest so that the permit in issue can be properly revised or
modified.
5. The commission shall, within a time limit prescribed by commission regulation, review
outstanding permits and may require reasonable revision or modification of the permit
provisions during the term of such permit. Any such revision or modification must be
based upon a written finding and subject to notice and hearing requirements in
accordance with sections 38-14.1-18, 38-14.1-19, and 38-14.1-20.
6. A permittee may withdraw any land described in either the permit application required
in section 38-14.1-14 or the extended mining plan required in section 38-14.1-15,
except land on which surface coal mining operations have commenced, by notifying
the commission thereof. If land covered by the permit term is so withdrawn, the
amount of the bond or security filed by the permittee pursuant to the provisions of this
chapter must be reduced proportionately.