HARRY HUGHES, Governor

1227

operation. The 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] THE
cost of analysis of test borings or core samplings and the
determination of probable hydrologic consequences [shall]
MAY 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. 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.

(7)  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 of
the area affected.

(d) Procedures for review of an application shall be
as follows;

(1) The Department and the Committee shall hold
a joint public hearing on the application. A record of the
hearing shall be made and shall be available to the public.

(2)  The joint hearing shall be at least 30 but
not more than 60 days after the Department provides public
notice of the hearing. 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 application shall be available for public
inspection at the Department 30 days before the hearing.

(3)  After the hearing, the Committee shall
approve, reject, or modify the proposed plan. If the plan
is rejected or modified, the operator shall be notified in