Section 131.12. Permit review and modification.

 

(1)  Eighteen months after the issuance of a prospecting permit and annually thereafter until prospecting ceases, the department shall review the operator's prospecting permit, reclamation plan and bond to ascertain adequacy, compliance with state or federal laws enacted after the issuance of the permit and technological currency.

(2)  If the department after review determines that the plan should be modified or the bond amount changed, the department shall notify the permit holder of the necessary modifications or changes. If the permit holder does not request a hearing within 30 days, the modification or changes shall be deemed accepted.

(3)  

(a) If the permit holder desires to modify the permit, an amended application shall be submitted to the department on forms provided by the department. If the proposed amendment substantially changes the scope of the original prospecting proposal, the department shall process the amended application in the same manner as an original application for a prospecting permit.

(b) If the amended application is to cancel any or all of a prospecting site where no prospecting has taken place, the department shall order the release of the bond or security or portions thereof posted on the land being removed from the permitted prospecting site and cancel or amend the operator's prospecting permit.

Cr. Register, August, 1982, No. 320 , eff. 9-1-82.