(1) |
(a) |
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 division. |
(b) |
An application for a revision of a permit shall not be approved unless the division finds that reclamation as required by this chapter can be accomplished under the revised reclamation plan. |
(c) |
The revision shall be approved or disapproved within a period of time established by the division. |
(d) |
(i) |
The division shall establish guidelines determining the scale or extent of a revision request for which all permit application information, requirements, and procedures, including notice and hearings, shall apply. |
(ii) |
Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements. |
|
(e) |
Any extensions to the area covered by the permit, except incidental boundary revisions, must be made by:
(i) |
an application for a significant revision of the permit; or |
(ii) |
an application for another permit. |
|
|
(2) |
No transfer, assignment, or sale of the rights granted under any permit issued according to this chapter shall be made without the written approval of the division. |
(3) |
(a) |
The division shall, within a time limit prescribed in rules adopted by the board, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of the permit. |
(b) |
The revision or modification shall be:
(i) |
based upon a written finding; and |
(ii) |
subject to notice and hearing requirements established by this chapter. |
|
|
Amended by Chapter 321, 2007 General Session