30 CFR § 761.14 - Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road.
(a) This section does not apply to:
(2) Lands within the scope of the exception for existing operations in § 761.12.
(1) Relocate a public road;
(2) Close a public road; or
(c) Before approving an action proposed under paragraph (b) of this section, the regulatory authority, or a public road authority that it designates, must determine that the interests of the public and affected landowners will be protected. Before making this determination, the authority must:
(1) Provide a public comment period and opportunity to request a public hearing in the locality of the proposed operation;
(2) If a public hearing is requested, publish appropriate advance notice at least two weeks before the hearing in a newspaper of general circulation in the affected locality; and
(3) Based upon information received from the public, make a written finding as to whether the interests of the public and affected landowners will be protected. If a hearing was held, the authority must make this finding within 30 days after the hearing. If no hearing was held, the authority must make this finding within 30 days after the end of the public comment period.
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