53-9-35 - Surface coal mining and reclamation permit; revisions. - Mississippi Statutes

§ 53-9-35. Surface coal mining and reclamation permit; revisions.
 

(1)  During the term of the permit, the permittee may submit an application for a revision of the permit and a revised reclamation plan, to the department in accordance with regulations promulgated by the commission. 

(2)  An application for a revision of a permit shall not be approved unless the executive director finds that reclamation as required by this chapter and the regulations promulgated under this chapter can be accomplished under the revised reclamation plan. The revision shall be granted or denied by the executive director within a period of time established in the regulations promulgated by the commission. The commission shall also promulgate regulations for determination of the extent to which a revision application shall comply with this chapter, including notice and hearing requirements. A decision by the executive director to grant or deny a revision of a permit shall be subject to formal hearing and appeal as would an initial decision of the permit board under Section 49-17-29. 

(3)  Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for a new permit. A revision shall not be considered a modification. 
 

Sources: Laws,  1979, ch. 477, § 16; Laws,  1997, ch. 306, § 17, eff from and after passage (approved March 10, 1997).