MARVIN MANDEL, Governor                              2789

THE REASONS FOR ITS DENIAL AND ANY MODIFICATIONS IN THE
APPLICATION WHICH WOULD MAKE IT ACCEPTABLE. THE OPERATOR
MAY MODIFY HIS APPLICATION OR FILE AN APPEAL AS PROVIDED
IN TITLE 1. THE APPEAL SHALL BE TAKEN WITHIN 60 DAYS
AFTER NOTICE OF DISAPPROVAL HAS BEEN MAILED TO THE
OPERATOR AT THE ADDRESS SHOWN ON HIS APPLICATION.

[[7-7B10]] 7-6A10. CONDITIONS FOR A PERMIT.

(A)   CONDITIONS.

ANY PERMIT ISSUED SHALL BE EXPRESSLY CONDITIONED
UPON COMPLIANCE WITH ALL REQUIREMENTS OF THE APPROVED
MINING AND RECLAMATION PLAN FOR THE OPERATION AND WITH
FURTHER REASONABLE AND APPROPRIATE REQUIREMENTS AND
SAFEGUARDS DEEMED NECESSARY BY THE DEPARTMENT TO ASSURE
THAT THE OPERATION WILL COMPLY FULLY WITH THE
REQUIREMENTS AND OBJECTIVES OF THIS SUBTITLE. THE
CONDITIONS MAY INCLUDE A REQUIREMENT OF VISUAL SCREENING,
VEGETATIVE OR OTHERWISE, TO SCREEN THE VIEW OF THE
OPERATION FROM PUBLIC HIGHWAYS, PUBLIC PARKS, OR
RESIDENTIAL AREAS EXISTING AT THE TIME OF THE ORIGINAL
APPLICATION, IF THE DEPARTMENT FINDS SCREENING TO BE
FEASIBLE AND DESIRABLE.

(B)   VIOLATIONS.

VIOLATION OF THESE CONDITIONS SHALL BE TREATED AS A
VIOLATION OF THIS SUBTITLE AND CONSTITUTES A BASIS FOR
SUSPENSION OR REVOCATION OF THE PERMIT.

[[7-7B11]] 7-6A11. LENGTH OF TERM OF PERMIT.

(A)   A SURFACE MINING PERMIT SHALL BE GRANTED FOR
SUCH PERIOD AS REQUESTED AND DEEMED REASONABLE, BUT NOT
EXCEEDING 25 YEARS. IF THE MINING OPERATION HAS BEEN
COMPLETED AND THE RECLAMATION REQUIRED UNDER THE APPROVED
MINING AND RECLAMATION PLAN IS COMPLETED PRIOR TO THE
EXPIRATION OF THE PERMIT, THE PERMIT MAY TERMINATE.
TERMINATION OF A PERMIT DOES NOT RELIEVE THE OPERATOR OF
ANY OBLIGATIONS WHICH HE HAS INCURRED UNDER HIS APPROVED
MINING AND RECLAMATION PLAN OR OTHERWISE. IF THE
OPERATOR WISHES TO CONTINUE OPERATION OF HIS PREPARATION
PLANT, HIS PERMIT MAY REMAIN VALID BUT SHALL BE MODIFIED.

(B)    A PERMIT SHALL BE VOID IF SURFACE MINING HAS
NOT COMMENCED WITHIN TWO YEARS OF ITS ISSUANCE.

[[7-7B12]] 7-6A12. PERMIT MODIFICATION.

(A) ANY OPERATOR ENGAGED IN SURFACE MINING UNDER A
SURFACE MINING PERMIT MAY APPLY AT ANY TIME FOR
MODIFICATION OF THE PERMIT. THE APPLICATION SHALL BE IN
WRITING ON FORMS FURNISHED BY THE DEPARTMENT AND FULLY