Ch. 739

1994 LAWS OF MARYLAND

(a)     On receipt of an application and accompanying documents, the Department
shall review it and make further inquiries, inspections, or examinations as necessary or
desirable for proper evaluation. If the Department objects to any part of the application
or accompanying documents, it shall notify promptly the applicant by certified mail,
return receipt requested, bearing a postmark from the United States Postal Service, of its
objections, setting forth its reasons, and shall afford the applicant a reasonable
opportunity to make amendments or take actions required to remove the objections. The
Department shall submit a copy of the application and accompanying documents to the
Office of Planning for review with respect to matters that are the responsibility of that
Office.

(b)      [(1) Upon filing with the Department an initial application for a surface
mining permit or permit modification for a change in the affected land, the applicant shall
provide notice of the application, by certified mail, to each owner of property contiguous
to the tract on which the activity is proposed.

(2)     When the Department receives an application for a surface mining
permit or a permit modification that contains sufficient information to adequately
describe the proposed activity, the Department shall publish notice of the application
once a week for 2 consecutive weeks in a newspaper of general circulation in the county
where the proposed permit activity Would occur.

(3)     The applicant shall pay all costs associated with publishing notice of the
application.

(4)     The published notice of the application shall provide an opportunity to
request a public informational hearing on the application.

(5)     Following publication of the notice of the application, any person
interested in the pending application for a surface mining permit or a permit modification
may request that the Department schedule a public informational hearing.

(6)     (i) If the Department receives a request under paragraph (5) of this
subsection, a hearing shall be held within 45 days, unless extenuating circumstances justify
an extension of time.

(ii) The Department shall publish notice of the public informational
hearing once a week for 2 consecutive weeks in a newspaper of general circulation in the
county where the proposed permit activity would occur.] PUBLIC NOTICE AND
INFORMATIONAL HEARINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF § 8-206(B) THROUGH (E) OF THIS ARTICLE.

[(7)](C) The Department may waive the notice requirements of this section
and the holding of a public informational hearing on an application for a permit that
affects an area that is 5 acres or less in size or a permit modification that affects an area
that is 20 acres or less in size.

- 3314 -

7-6A-08.