§1263 Public Notice and Public Hearings

Summary

When someone applies for a surface coal mining permit or asks to change one, the applicant must give the permit agency a copy of a public ad and run that ad in a local newspaper at least once a week for four consecutive weeks. The agency must tell nearby local governments, planning boards, and water or sewage authorities where the proposed mine is, the permit number, and where people can see the mining and reclamation plan. Those local bodies can send written comments within the time the agency sets. The agency must send those comments to the applicant and make them available to the public where the plans are kept. Anyone who might be harmed, or any federal, state, or local official, can file written objections within 30 days after the last newspaper ad. Objections are sent to the applicant and opened to the public. If objections are filed and an informal conference is requested in time, the agency will hold one near the mine. The agency must advertise the conference at least two weeks before it happens. The agency can arrange site visits for parties who ask. A written or electronic record of the conference must be kept unless everyone waives it, and that record stays available until the applicant’s performance bond is finally released. If the land already had federal lease hearings under the law named, those hearings count as meeting these notice and hearing rules.