207.12 - REVISION OF PERMITS.
207.12 REVISION OF PERMITS.
1. a. An operator may apply for a revision or cancellation of
a permit. The application shall be submitted by the operator on a
form provided by the division, and shall contain information as
required by the division.
b. The division shall establish rules for determining the
scale or extent of a revision request to which all permit application
information requirements and procedures including notice and
hearings, shall apply. Revisions which propose significant
alterations in the reclamation plan shall be subject to notice and
hearing requirements.
2. 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.
3. Extensions to the area covered by the permit except incidental
boundary revisions must be made subject to the requirements for an
application for new permit.
4. If the application is to cancel the permit as it pertains to
any or all of the unmined part of a site, the division shall, after
ascertaining that overburden has not been disturbed or deposited on
the land, order release of the bond or the security posted on that
portion of the land being removed from the permit and cancel or amend
the operator's permit to conduct mining on the site. Land where
overburden has been disturbed or deposited shall not be removed from
a permit or released from bond or security under this section.
5. A transfer, assignment, or sale of the rights granted under a
permit shall not be made without the written approval of the
division.
6. Fees for revision or cancellation shall be determined by the
division but shall not exceed the cost of administering revisions or
cancellations of permits as authorized under this section.
7. The division shall review outstanding permits within a time
limit prescribed by rule and may require reasonable revision or
modification of the permit provisions during the term of the permit.
However, the revision or modification shall be based upon a written
finding and subject to notice and hearing requirements established by
the division. Section History: Early Form
[C81, § 83.12] Section History: Recent Form
C93, § 207.12
2009 Acts, ch 41, §263