82-4-342. Amendment to operating permits.
82-4-342. Amendment to operating permits. (1) During the term of an operating permit issued under this part, an operator may apply for an amendment to the permit. The operator may not apply for an amendment to delete disturbed acreage except following reclamation, as required under 82-4-336, and bond release for the disturbance, as required under 82-4-338.
(2) (a) The board may by rule establish criteria for the classification of amendments as major or minor. The board shall adopt rules establishing requirements for the content of applications for major and minor amendments and the procedures for processing minor amendments.
(b) An amendment must be considered minor if:
(i) it is for the purpose of retention of mine-related facilities that are valuable for postmining use;
(ii) evidence is submitted showing that a local government has requested retention of the mine-related facilities for a postmining use; and
(iii) the postmining use of the mine-related facilities meets the requirements provided for in 82-4-336.
(3) Applications for major amendments must be processed pursuant to 82-4-337.
(4) The department shall review an application for a minor amendment and provide a notice of decision on the adequacy of the application within 30 days. If the department does not respond within 30 days, then the permit is revised in accordance with the application.
(5) The department is not required to prepare an environmental assessment or an environmental impact statement for the following categories of action:
(a) actions that qualify for a categorical exclusion as defined by rule or justified by a programmatic review pursuant to Title 75, chapter 1;
(b) administrative actions, such as routine, clerical, or similar functions of a department, including but not limited to administrative procurement, contracts for consulting services, and personnel actions;
(c) repair or maintenance of the permittee's equipment or facilities;
(d) investigation and enforcement actions, such as data collection, inspection of facilities, or enforcement of environmental standards;
(e) ministerial actions, such as actions in which the agency does not exercise discretion, but acts upon a given state of facts in a prescribed manner;
(f) approval of actions that are primarily social or economic in nature and that do not otherwise affect the human environment;
(g) changes in a permit boundary that increase disturbed acres that are insignificant in impact relative to the entire operation, provided that the increase is less than 10 acres or 5% of the permitted area, whichever is less;
(h) changes in an approved operating plan or reclamation plan for an activity that was previously permitted, provided that the impacts of the change will be insignificant relative to the impacts of the entire operation and there is less than 10 acres of additional disturbance; and
(i) changes in a permit for the purpose of retention of mine-related facilities that are valuable for postmining use.
History: En. Sec. 3, Ch. 472, L. 1993; amd. Sec. 397, Ch. 418, L. 1995; amd. Sec. 4, Ch. 365, L. 2003.