HARRY HUGHES, Governor                                     3087

(D) (1) IN ADDITION TO THE FEE REQUIRED IN SUBSECTION (C)
OF THIS SECTION, A FEE SHALL BE CHARGED EQUAL TO $8 FOR EACH
ADDITIONAL ACRE OF AFFECTED LAND OVER AND ABOVE THE AMOUNT OF
LAND COVERED IN THE ORIGINAL PERMIT, FOR EACH YEAR OF OPERATION.

(2) THE ADDITIONAL FEE MAY NOT EXCEED $500 FOR ANY
5-YEAR PERMIT PERIOD FOR LAND SO ADDED.

(E)  THE DEPARTMENT SHALL APPROVE AND GRANT THE PERMIT
MODIFICATION REQUESTED AS EXPEDITIOUSLY AS POSSIBLE BUT NOT LATER
THAN 30 DAYS AFTER THE APPLICATION FORMS OR ANY SUPPLEMENTAL
INFORMATION REQUIRED ARE FILED WITH THE DEPARTMENT.

(F)  THE DEPARTMENT MAY DENY THE PERMIT MODIFICATION ON
FINDING:

(1)  AN UNCORRECTED VIOLATION OF THE TYPE LISTED IN §
7-6A-09(B)(6) OF THIS SUBTITLE;

(2)  FAILURE TO SUBMIT AN ADEQUATE MINING AND
RECLAMATION PLAN IN LIGHT OF CONDITIONS EXISTING AT THE TIME OF
THE MODIFICATION; OR

(3)  FAILURE OR REFUSAL TO PAY THE MODIFICATION FEE.

(G)  IF THE DEPARTMENT DENIES AN APPLICATION TO MODIFY A
PERMIT, THE DEPARTMENT SHALL GIVE THE PERMITTEE WRITTEN NOTICE
OF:

(1)  THE DEPARTMENT'S DETERMINATION;

(2)  ANY CHANGES IN THE APPLICATION WHICH WOULD MAKE
IT ACCEPTABLE; AND

(3)  THE PERMITTEE'S RIGHT TO A HEARING AT A STATED
TIME AND PLACE.

(H) THE DATE FOR THE HEARING MAY NOT BE LESS THAN 15 DAYS
NOR MORE THAN 30 DAYS AFTER THE DATE OF THE NOTICE UNLESS THE
DEPARTMENT AND THE PERMITTEE MUTUALLY AGREE ON ANOTHER DATE.

7-6A-13.

(a) The procedure to be followed and standards to be
applied in renewing a permit shall be the same as those for the
initial application for a permit, except that it is not necessary
to resubmit information which has not changed since the time of
the original application, if the applicant so states in writing.
However, the applicant may be required to furnish other
information the Department deems necessary to [enforce this
subtitle] EVALUATE THE RENEWAL REQUEST. In the absence of any
changes in legal requirements for the issuance of a permit since
the date on which the original permit was issued, the only basis
for the denial of a renewal permit shall be: