Current through December 10, 2024
Section 11-8-2.3-19-1905 - Permit Application Filing Deadlines(a) Reissuance of Valid Permits. An application for reissuance of a permit shall be filed with the Permit Board at least 180 days before the expiration of the permit involved. If an application for reissuance is timely filed, the operator may continue surface coal mining operations under the existing permit until the Permit Board takes action on the reissuance application.(b) Revisions of Permits. (1) During the term of the permit, the permittee may submit an application for a revision of the permit to the State Geologist, who shall make a recommendation to the Executive Director regarding whether the revision should be allowed. An application for a revision shall not be approved unless the Executive Director finds that reclamation can be accomplished under the revised reclamation plan. On receipt of an application for a revision, the State Geologist shall determine whether the application is a request for a revision or for a modification.(2) If the request is deemed a modification, the application will be processed as a modification to the permit pursuant to the act and these regulations. A revision shall not be considered a modification. The Executive Director is not required to provide public notice or a public hearing prior to granting or denying the request for a revision. The revision shall be granted or denied by the Executive Director within fourteen days of receipt of the request by the State Geologist, unless the State Geologist or Executive Director request additional information from the applicant regarding the request. If a request for additional information is made, the Executive Director shall grant or deny the request within fourteen days of his or her receipt of the additional information.(3) No request for a revision shall be approved unless:(A) Applicable requirements under § 3115, which are pertinent to the revision, are met; and(B) The application for a revision complies with all requirements of the act and the regulatory program.(4) A decision by the Executive Director to grant or deny a revision shall be subject to formal hearing and appeal as would an initial decision of the Permit Board under § 53-9-77.(5) Any extension or addition to the area covered by the permit except incidental boundary revisions must be made by application for a new permit or a permit modification.(c) A successor in interest to a permittee who applies for a new permit within thirty (30) days of succeeding to that interest, and who is able to obtain the bond coverage of the original permittee, may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the Permit Board takes action on the successor's application.11 Miss. Code. R. § 8-2.3-19-1905