HARRY HUGHES, Governor

1123

(Z) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT
OF NATURAL RESOURCES.

[(bb)] (AA) "Spoil pile" means the overburden and
reject coal as it is piled or deposited in open-pit mining.

[(cc) "Tract" means a single parcel of land or two or
more contiguous parcels of land with common ownership.]

7-503.

(C) THE DEPARTMENT IS AUTHORIZED TO ADMINISTER A
SURFACE MINING CONTROL PROGRAM CONSISTENT WITH THE
REQUIREMENTS OF THE FEDERAL SURFACE MINING CONTROL AND
RECLAMATION ACT, ANY AMENDMENTS TO THAT ACT, AND RULES AND
REGULATIONS PROMULGATED PURSUANT THERETO.

7-505.

(a)  Before any person [licensed as an open-pit mining
operator] proceeds to mine coal by the open-pit method, he
shall [apply for] OBTAIN a permit on a form furnished by the
[Bureau] DEPARTMENT for each separate operation. ALL PERMITS
SHALL REQUIRE THE OPERATOR TO COMPLY WITH ALL AMENDMENTS TO
THIS SUBTITLE AND RULES AND REGULATIONS ADOPTED PURSUANT
THERETO. A PERMIT MAY NOT BE ISSUED IF THE DEPARTMENT
DETERMINES THAT RECLAMATION CANNOT BE ACCOMPLISHED IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS SUBTITLE OR RULES
AND REGULATIONS ADOPTED PURSUANT THERETO. The permit is
valid FOR A TERM NOT TO EXCEED 5 YEARS [until the operation
is completed or abandoned], unless the [Director of the
Bureau] DEPARTMENT suspends OR CANCELS it prior to that
time. IF AN APPLICANT DEMONSTRATES THAT A SPECIFIED LONGER
TERM IS NECESSARY TO OBTAIN FINANCING FOR EQUIPMENT AND
OPENING THE OPERATION, THE DEPARTMENT MAY GRANT A PERMIT FOR
SUCH LONGER TERM. A PERMIT MAY BE RENEWED OR AMENDED
FOLLOWING A HEARING AS PROVIDED IN SUBSECTION (D) IF THE
PERMIT MEETS THE REQUIREMENTS OF THIS SUBTITLE AND RULES AND
REGULATIONS ADOPTED PURSUANT THERETO, EXCEPT THAT A HEARING
IS NOT NECESSARY FOR THE APPROVAL OF INCIDENTAL BOUNDARY
REVISIONS. A PERMIT MAY NOT BE TRANSFERRED OR ASSIGNED
WITHOUT WRITTEN APPROVAL FROM THE DEPARTMENT. AFTER 8
MONTHS FROM THE DATE OF FEDERAL APPROVAL OF THE STATE
PROGRAM, A PERSON MAY NOT CONDUCT OPEN-PIT MINING WITHOUT
OBTAINING A PERMIT ISSUED PURSUANT TO THE APPROVED STATE
PROGRAM, EXCEPT THAT A PERSON MAY CONTINUE TO MINE UNDER A
PRIOR PERMIT IF AN APPLICATION FOR A PERMIT IS FILED WITHIN
2 MONTHS FOLLOWING FEDERAL APPROVAL EVEN IF THE PERMIT HAS
NOT BEEN ISSUED.

(b)  The [Bureau] DEPARTMENT may not issue, extend or
renew any permit to mine coal by the open-pit or strip
method on any land the State owns whether or not the
ownership includes mineral rights incident to the land,
except when the Secretary, with the recommendation of the
Land Reclamation Committee and the approval of the Board of