WILLIAM DONALD SCHAEFER, Governor Ch. 6
approved by the Secretary of Agriculture under § 8-603 of the Agriculture Article.
8-804.
A person [is required to] SHALL obtain a permit from the Department to
construct, reconstruct, change, or make an addition to any conduit, pipeline, wire cable,
trestle, or other device, structure, or apparatus[,] in, under, through, or over the bed or
waters of the Potomac River. The permit is obtained upon written application to the
Department. Obtaining, using, and holding this permit is subject severally to the
provisions concerning permits found elsewhere in this subtitle.
8-806.
(b) (2) The applicant shall:
(I) [personally or by certified mail serve] SERVE PERSONALLY
OR BY CERTIFIED MAIL a notice upon each owner of contiguous property and upon
appropriate local officials that application has been made to the Department for a new
or modified permit; and
(II) [shall describe] DESCRIBE in the notice the proposed activity.
(3) The applicant shall submit to the Department:
(I) [a] A list of the names and addresses of all contiguous property
owners and appropriate local officials; and
(II) [a] A certification that notice has been served on all of [them]
THE PROPERTY OWNERS AND LOCAL OFFICIALS in accordance with
paragraph (2) of this subsection.
(d) (1) After the Department determines that an application is complete, [it]
THE DEPARTMENT shall prepare a notice of completed application.
(f) Following review of public comments, if any, the Department may schedule
meetings or public informational hearings as [it] THE DEPARTMENT determines
appropriate to solicit additional information from interested persons. Upon written
request for a hearing on matters related to water appropriation or waterway
construction, the Department shall schedule a public informational hearing. The
Department shall mail notice of the date, time, and location of any meeting or public
informational hearing on the application to those on the interested persons list.
(h) (2) As part of the notice of the decision to issue, modify, or deny the
permit, the Department shall:
(I) [provide] PROVIDE all those on the interested persons list and
the applicant an opportunity to request a contested case hearing; and
(II) [shall state] STATE a deadline by which requests must be
received.
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