Section 300.60 Role of County Government in Reclamation

Section 300

Section 300.60  Role of

County Government in Reclamation

a)         Notice, Date of Application, Responsibilities of County Clerks

The application for surface mining permit, except those

portions of such application which have been kept confidential at the request

of the applicant, which request was made pursuant to Section 5(e)15 of the Act,

and the proposed conservation and reclamation plan and maps shall be made

available in duplicate for public inspection and for consideration by the

county board within whose jurisdiction said lands will be affected by surface

mining.  The applicant shall deliver copies of the applications, plans, and

maps to the county clerk at the county seat of each county containing lands to

be affected prior to filing the application, plan, and map with the

Department.  The county clerk shall retain one (1) such set of copies and

forward forthwith one (1) set of copies to the residence of the presiding

officer of the county's board or commission by registered mail return receipt

requested.  An acknowledgement that the copies have been received and forwarded

as prescribed, bearing the signature of the county clerk or his representative,

as set forth in amended MLCR Form 1a, shall be filed with the Department at the

time of filing the application for a permit.  This application shall be filed,

as provided for in Section 300.20(d) of this Part, immediately upon receipt of

this acknowledgement. The date of the filing of the application for a permit

shall be the same date as the date of the acknowledgement by the county clerk

pursuant to this Section.

b)         Time for Hearings; County Board Plans

1)         The Department shall hold a public hearing regarding a

proposed conservation and reclamation plan if any county board with which the

plan is filed pursuant to the Act and to this Part requests such a hearing.

The county board must request a hearing within forty-five (45) days of the

filing of the application for a permit

his Section.

b)         Time for Hearings; County Board Plans

1)         The Department shall hold a public hearing regarding a

proposed conservation and reclamation plan if any county board with which the

plan is filed pursuant to the Act and to this Part requests such a hearing.

The county board must request a hearing within forty-five (45) days of the

filing of the application for a permit.  If a county board requests a hearing,

the Department will fix the time and place of the hearing.  In cases where no

public hearing is held on a proposed plan, the Department will consider written

testimony from county boards when submitted no later than forty-five (45) days

following the filing of the application for a permit. The Department shall

immediately serve copies of such written testimony on the applicant and give

the applicant a reasonable opportunity to respond by written testimony.

2)         The county board may propose the use for which lands covered

by a plan are to be reclaimed.  The county board must file such proposal with

the Department and the applicant within forty-five (45) days of receiving the

plan.  If the county board does not request a hearing within forty-five (45)

days of receiving the plan but does submit a proposal, the Department will not

hold a hearing. If the county board submits a proposal but has not requested a

hearing, the Department will allow the applicant to submit written comments on

the proposal and will allow the county board to make a written reply to such

comments.

3)         A county board may file with the Department a written waiver

of its rights to request a hearing or to propose the use for which lands are to

be reclaimed.

4)         The county board may supplement or amend its proposal prior to

the hearing if it has given to the applicant, the Department and interested

persons ten (10) days written notice prior to the hearing which notice shall

state the changes proposed.