§ 40-10-12. Revised permit and reclamation plan -- Application -- Transfer, assignment, or sale of rights -- Revision or modification of permit provisions.

(1)

(a) During the term of the permit, the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the division.

(b) An application for a revision of a permit shall not be approved unless the division finds that reclamation as required by this chapter can be accomplished under the revised reclamation plan.

(c) The revision shall be approved or disapproved within a period of time established by the division.

(d)

(i) The division shall establish guidelines determining the scale or extent of a revision request for which all permit application information, requirements, and procedures, including notice and hearings, shall apply.

(ii) Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.

(e) Any extensions to the area covered by the permit, except incidental boundary revisions, must be made by:

(i) an application for a significant revision of the permit; or

(ii) an application for another permit.

(2) No transfer, assignment, or sale of the rights granted under any permit issued according to this chapter shall be made without the written approval of the division.

(3)

(a) The division shall, within a time limit prescribed in rules adopted by the board, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of the permit.

(b) The revision or modification shall be:

(i) based upon a written finding; and

(ii) subject to notice and hearing requirements established by this chapter.

Amended by Chapter 321, 2007 General Session