HARRY HUGHES, Governor

3085

(iii) [forfeiture] FORFEITURE of part or all of
his bond or other security[,];

(iv) [conviction] CONVICTION of a misdemeanor
under §§ 7-6A-06[(e),] (F) AND 7-6A-07[(h)] (J) (K) OF THIS
SUBTITLE[,]; or

(v) [any] ANY other court order issued against
the [operator] APPLICANT as a result of departmental action; or

(8) Previous experience with similar operations
indicates a substantial probability that the operation will
result in substantial deposits of sediment in stream beds or
lakes, landslides, or other water pollution.

(c)  In the absence of any of these findings, a permit shall
be granted. However, no permit becomes effective until the
[operator] APPLICANT has deposited with the Department an
acceptable performance bond or other security pursuant to §
7-6A-20 of this subtitle. [If at any time the bond or other
security, or any part of it, lapses for any reason other than a
release by the Department, and the lapsed bond or security is not
replaced by the operator, pursuant to § 7-6A-20, the permit to
which it pertains automatically becomes void and has no further
effect and the operation shall be declared terminated by order of
the Department.]

(d)  If the Department denies an application for a permit,
it shall notify the [operator] APPLICANT in writing, stating the
reasons for its denial and any modifications in the application
which would make it acceptable. The [operator] APPLICANT 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] APPLICANT at the
address shown on his application.

7-6A-10.

(a)  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)  Violation of these conditions shall be treated as a
violation of this subtitle [and constitutes a basis for
suspension or revocation of the permit.] SUBJECT TO THE REMEDIES
AND PENALTIES UNDER § 7-6A-07(J) (K), § 7-6A-18, OR § 7-6A-29 OF
THIS SUBTITLE.