59-8-411 - Public notice and review Appeal from commissioner's decision. - Tennessee Statutes

59-8-411. Public notice and review Appeal from commissioner's decision.

(a)  (1)  The permit applicant shall publish an advertisement in a newspaper of general circulation in the locality of the proposed site, which describes the ownership, the exact location, and boundaries of the proposed site specifically enough that the proposed operation can be readily located by local residents, and the location of the place where the application is available for public inspection. Such advertisement shall be published at least once within thirty (30) days prior to the filing of an application with the commissioner and shall be in such form as shall be specified by regulation.

     (2)  The permit applicant shall notify every legal or equitable owner of record if different than the applicant of all surface areas contiguous to any part of the permit area by certified mail within thirty (30) days prior to the filing of the application of the proposed coal surface mining operation.

     (3)  The permit application shall contain proof of such notification.

(b)  Any person may have the right to see and review the entire application, except for information for which confidentiality is provided in this part or otherwise by law, and any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local governmental agency or authority may file written objections to the application for a permit within thirty (30) days after the receipt of an application. Any written comments received shall be taken into consideration when the commissioner makes a determination on the application.

(c)  (1)  If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification.

     (2)  Any person with an interest which is or may be adversely affected by any decision of the commissioner in granting, denying, or modifying any permit application may appeal to the board of reclamation review within thirty (30) days. Such hearing shall be held within sixty (60) days of filing of such appeal and the hearing shall otherwise be conducted as provided in § 59-8-321(g) [repealed. See the Compiler's Notes].

[Acts 1987, ch. 251, § 15.]