HARRY HUGHES, Governor

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have] HAS conducted at the site of the proposed operation.
The [plan] APPLICATION shall include data such as the nature
and depth of the overburden, the thickness of the coal seam,
a complete analysis of the coal seam AND SOIL SAMPLES, the
crop line AND STRIKE AND DIP of the coal seam, and the
location of the test boring holes[.];

(4)  A DETERMINATION OF THE PROBABLE HYDROLOGIC
CONSEQUENCES OF THE MINING AND RECLAMATION OPERATIONS UPON
SURFACE AND GROUND WATERS BOTH ON AND OFF THE PERMIT AREA.
TO THE EXTENT THAT FEDERAL FUNDS ARE AVAILABLE, THE COST OF
ANALYSIS OF TEST BORINGS OR CORE SAMPLINGS AND THE
DETERMINATION OF PROBABLE HYDROLOGIC CONSEQUENCES SHALL BE
ASSUMED BY THE DEPARTMENT UPON THE REQUEST OF AN OPERATOR IF
THE DEPARTMENT DETERMINES THAT THE PROJECTED TOTAL ANNUAL
PRODUCTION BY THE OPERATOR AT ALL PERMITS IS LESS THAN
100,000 TONS. [The information pertaining to test borings,
depth of the overburden, thickness of the coal seam,
analysis of the coal seam, crop line of the coal seam, and
location of the test boring holes is confidential
information not for public record.] INFORMATION PERTAINING
TO THE COAL SEAM, TEST BORINGS, CORE SAMPLES AND SOIL
SAMPLES SHALL BE AVAILABLE TO THE PUBLIC EXCEPT THAT
INFORMATION AS TO THE CHEMICAL AND PHYSICAL PROPERTIES OF
THE COAL SEAM OTHER THAN ITS POTENTIAL TOXICITY SHALL BE
CONFIDENTIAL.

(5)  A CERTIFICATE STATING THAT THE APPLICANT HAS
A LIABILITY INSURANCE POLICY FOR THE OPERATION FOR WHICH THE
PERMIT IS SOUGHT IN SUCH AMOUNT AS THE DEPARTMENT DETERMINES
TO BE NECESSARY TO COMPENSATE ANY PERSON INJURED OR DAMAGED
BY THE OPERATION.

(6)  A PERMIT FEE OF $10.

(d) In addition to the provisions of subsection (c) of
this section, each application for a permit shall be
accompanied by a detailed mining and reclamation plan
showing AT A MINIMUM, THE METHOD FOR CONSTRUCTION OF ALL
HAUL ROADS, THE METHOD FOR REMOVING AND STOCKPILING TOPSOIL
MATERIAL, THE METHOD OF MINING, A PLAN FOR BLASTING, A PLAN
FOR CONTROL OF DRAINAGE FROM THE SITE, A PLAN FOR AND METHOD
OF BACKFILLING AND REGRADING, AND A PLAN FOR REVEGETATION
[the manner, time, and distance for backfilling, drainage,
planting, and general reclamation] of the area affected.
The Committee shall review the reclamation plan. The
Committee shall hold a public hearing on the proposed land
reclamation plan AT THE SAME TIME AS THE DEPARTMENT HOLDS A
PUBLIC HEARING ON THE PERMIT APPLICATION. A RECORD OF THE
HEARINGS SHALL BE MADE AND SHALL BE AVAILABLE TO THE PUBLIC.
THE HEARINGS SHALL BE at least 30 but not more than 60 days
after THE DEPARTMENT PROVIDES public notice of the [hearing]
HEARINGS. Notice shall appear in a newspaper of general
circulation in the jurisdiction affected. MEMBERS OF THE
PUBLIC SHALL BE PROVIDED AN OPPORTUNITY TO COMMENT ON THE
APPLICATION EITHER ORALLY OR IN WRITING UNTIL AT LEAST 30
DAYS AFTER PUBLIC NOTICE OF THE HEARING AND COPIES OF THE