WILLIAM DONALD SCHAEFER, Governor Ch. 309

Article - Natural Resources

7-501.

(n) "Open-pit mining" [or], "strip mining" [means], AND
"SURFACE COAL MINING" ARE TERMS USED INTERCHANGEABLY IN THIS
SUBTITLE TO MEAN the mining or recovery of bituminous coal by
removing the strata or material which overlies or is above the
coal deposit or seam in its natural condition, or any other
recovery of coal by methods other than deep-mining, and land
affected by such activities. It includes methods such as contour,
strip, auger, mountaintop removal, box cut, open-pit, and area
mining, the use of explosives and blasting, and in situ
distillation or retorting, leaching or other chemical or physical
processing, and the cleaning, concentrating, or other processing
or preparation, loading of coal at or near the mine site.

7-505.

(c)  The application for a permit or permit revision shall
be submitted in a manner satisfactory to the Department and shall
contain at a minimum:

(1) A copy of the applicant's advertisement to be
published, FOLLOWING APPROVAL BY THE DEPARTMENT, in a newspaper
of general circulation in the county of the proposed mining site
[at least once a week for 4 successive weeks, and] which
includes the ownership of the land to be affected, a description
of the location and boundaries of the proposed site sufficient so
that the proposed operation is easily locatable by local
residents, the location of where the application is available for
public inspection, and notice that written comments and requests
for a public hearing will be received by the Department for at
least 30 days after the last newspaper publication;

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

(1) (i) Except as provided in subparagraph (iii) of
this paragraph, upon receipt of a complete application for a
permit or permit revision the Department shall [issue public
notice of the opportunity to submit written comments and to
request a hearing] REQUIRE THE APPLICANT TO PUBLISH AN APPROVED
ADVERTISEMENT OF THE APPLICATION SUBMITTED UNDER SUBSECTION (C)
OF THIS SECTION.

(ii) The [Department shall issue the] public
notice required in subparagraph (i) of this paragraph SHALL BE
PUBLISHED at least once a week for [2] 4 successive weeks in a
newspaper of general circulation in the county of the proposed
mining operation.

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