Section 300.90 Amendments to Permits

Section 300

Section 300.90  Amendments to

Permits

a)         Surface Mined Affected Lands

1)         Amendment to Increase Affected Acreage

An operator may make application to amend his surface mining

permit to include additional acreage at any time during the permit period.  The

fee for such an amendment to a permit shall be at a rate per acre consistent

with the prescribed rate for the new total estimated acreage to be affected and

such fee shall be submitted upon request by the Department.  The additional

bond or security which shall be required, if such an amended permit is granted

shall be at a rate per acre consistent with the Act and Section 300.40(b) of

this Part.  The Director shall notify the applicant of the amount of the

additional bond or security to be filed and the additional fees to be submitted

by the applicant before the amended permit will be issued.

2)         Amendment to Transfer Acreage Under Permit Within a

Geographically Distinct Mining Site

An operator may make application to amend his surface mining

permit by requesting to transfer acreage from within an area under permit to

another area outside the permit area but within the same geographically

distinct mining site at any time during the permit period.  Upon approval of

the Department, such amendment shall be allowed without additional fees except

as may be provided elsewhere in this subsection.

3)         Requirements for Amendments to Permits Under Subsections

ansfer acreage from within an area under permit to

another area outside the permit area but within the same geographically

distinct mining site at any time during the permit period.  Upon approval of

the Department, such amendment shall be allowed without additional fees except

as may be provided elsewhere in this subsection.

3)         Requirements for Amendments to Permits Under Subsections

(a)(1) and (a)(2)

Any application for an amendment to a surface mining permit

allowed under subsections (a)(1) and (a)(2) of this Section shall be governed

by those provisions of the Act and this Part that apply to applications for a

surface mining permit.  Such provisions and rules shall include, but are not

limited to, provisions and rules concerning notice to county boards, dates of

application, responsibilities of county clerks, times for hearings, county

board proposals, and Departmental consideration of reclamation proposals and

recommendations generally.

4)         Request to Reduce Affected Acreage

An operator may make application to withdraw acreage covered

by permit, except affected land, at any time during the permit period.  Upon

approval by the Department, the bond shall be reduced proportionally but there

shall be no refund of fees.

b)         Amendments to Permits for Refuse Disposal Lands

An operator may make application to increase acreage or to

transfer acreage under permit within a geographically distinct disposal site at

any time during the permit period for the Slurry Pond Disposal Permits or for

Gob Refuse Disposal Permits.  An application for an amendment shall be made in

the fashion referred to in subsection (a)(3).  The fee for an amendment to a

permit to increase acreage shall be at a rate per acre consistent with the

prescribed rate for the new total estimated acreage to be affected, and the fee

shall be submitted upon request of the Department

lurry Pond Disposal Permits or for

Gob Refuse Disposal Permits.  An application for an amendment shall be made in

the fashion referred to in subsection (a)(3).  The fee for an amendment to a

permit to increase acreage shall be at a rate per acre consistent with the

prescribed rate for the new total estimated acreage to be affected, and the fee

shall be submitted upon request of the Department.  The additional bond or

security which shall be required, if an amended permit is granted, shall be at

a rate per acre consistent with the Act and Section 300.40(b) of this Part.

The Director shall notify the applicant for the amount of the additional bond

or security to be filed and the additional fees to be submitted by the

applicant before the amended permit will be issued.