(a) Each
application to revise an existing permit shall be submitted by the operator at
least 60 days before the date on which the operator wants to have the approval
of the secretary.
(b) Each
application for a permit revision shall include the following:
(1) A map that meets the general map
requirements of these regulations;
(2) a description of the permit revision with
the technical data necessary to establish the impact and consequences of the
proposed revision on the surface coal mining and reclamation operation, the
environment, and public health and safety; and
(3) any additional information requested by
the department.
(c) If
the application for permit revision contains significant alterations or
departures from the method of mining or reclamation operations covered by the
original permit, the operator shall meet all the application requirements,
which shall include all requests from the department for relevant information.
Whether a significant alteration or departure is involved shall
be determined by the chief of the surface mining section on a case-by-case
basis upon review, unless a determination is requested in writing by the
operator upon or before filing the application. On receiving this request, the
operator shall be advised by the chief of the surface mining section if a
significant alteration or departure is involved for the purpose of submitting
an application.
If the application for permit revision contains significant
alterations or departures, the operator shall meet all of the requirements of
K.A.R.
47-3-1 through
47-3-42,
including all requests from the department for relevant
information.
(d) No
application for a permit revision shall be approved unless the applicant
demonstrates and the regulatory authority finds that all of the following
conditions are met:
(1) The reclamation
required by the state act and the regulatory program can be
accomplished.
(2) The applicable
requirements of
K.A.R.
47-3-42(a) (11) pertinent to
the revision are met.
(3) The
application for revision meets all requirements of the state act and the
regulatory program.
(e)
Each extension to the area covered by the permit, except incidental boundary
revisions, shall be made through an application for a new permit.
Notes
Kan. Admin. Regs. §
47-6-2
Authorized by
K.S.A. 49-405 and
49-410;
implementing K.S.A. 2018 Supp.
49-406 and
K.S.A. 49-410; effective May 1, 1980; amended Feb.
11, 1991; amended May 2, 1997; amended Dec. 1, 2006; amended by
Kansas
Register Volume 38, No. 05; effective
2/15/2019.
