207.5 - PUBLIC NOTICE AND HEARING.
207.5 PUBLIC NOTICE AND HEARING.
1. An applicant for a coal mining and reclamation permit or its
renewal shall file a copy of the application for public inspection
with the county recorder of each county where the mining is proposed
to occur.
2. An applicant for a coal mining and reclamation permit or its
renewal shall submit to the division a copy of the applicant's
advertisement of the ownership, precise location, and boundaries of
the land to be affected. At the time of submission the advertisement
shall be placed by the applicant in a local newspaper of general
circulation in the locality of the proposed mine weekly for four
consecutive weeks. The division shall notify various local
governmental bodies, planning agencies, sewage and water treatment
authorities, and water companies where the proposed mining will take
place, informing them of the operator's intention to mine a
particularly described tract of land, indicating the application
number and where a copy of the proposed mining and reclamation plan
may be inspected. They may submit written comments within a
reasonable period established by the division on the effect of the
proposed operation on the environment within their area of
responsibility. The comments shall immediately be transmitted to the
applicant and shall be made available to the public at the same
locations as the mining permit application.
3. A person having an interest which is or may be adversely
affected or a federal, state, or local governmental agency may file
written objections to the proposed initial or revised application for
a permit for coal mining and reclamation operation with the division
within sixty days after the last publication of the advertisement.
The objections shall immediately be transmitted to the applicant and
shall be made available to the public. If objections are filed and
an informal conference requested within a reasonable time, the
division shall hold an informal conference in the locality of the
proposed mining operations and shall publish the date, time and
location in a newspaper of general circulation in the locality at
least two weeks prior to the scheduled conference date. Upon request
by an interested party, the division may arrange with the applicant
access to the proposed mining area for the purpose of gathering
information relevant to the proceeding. An electronic or
stenographic record shall be made of the conference proceeding,
unless waived by all parties. The record shall be maintained and
shall be accessible to the parties until final release of the
applicant's performance bond. If all parties requesting the informal
conference stipulate agreement prior to the conference and withdraw
their request, the conference need not be held.
4. An application for a permit shall show a certificate issued by
an insurance company authorized to do business in this state
certifying that the applicant has a public liability insurance policy
in force for that mining and reclamation operation or evidence
satisfactory to the division that the applicant has an adequate
self-insurance plan. The policy or self-insurance plan shall provide
for personal injury and property damage protection adequate to
compensate persons entitled to compensation because of damage as a
result of coal mining and reclamation operations including use of
explosives. The policy or self-insurance plan shall be maintained in
full force and effect during the terms of the permit, any renewal and
all reclamation operations. Section History: Early Form
[C81, § 83.5] Section History: Recent Form
C93, § 207.5