Section 096-200-3-16 - Amendment of PermitA mining permit may be amended in accordance with the requirements of this section to address changes in the mining operation, natural or human-made conditions, technology, deficiencies in the reasonable protection of the environment, natural resources or public health and safety, or to correct an oversight.
A.Requirements(1) A Permittee may submit to the Department a request to amend a mining permit to address anticipated changes in the mining operation.(2) The Department may require the Permittee to submit a request to amend a mining permit if the Department determines that the terms and conditions of the mining permit are not providing reasonable protection of the environment, natural resources or public health and safety.(3) The Permittee shall provide revisions of any of the following that are, or reasonably could be, affected by the proposed amendment:(a) Environmental impact assessment;(d) Mining operation plan;(e) Financial assurance provisions;(f) Other applicable federal, state, and local permits and licenses that are anticipated to be required; and(g) Other terms and conditions of the mining permit.(4) The Permittee shall pay all costs incurred by the Department in processing an application.(5) The Permittee shall comply with the public notice requirement specified in 38 M.R.S. §490-OO(6)(B).B. Within 15 working days after receiving a request to amend a mining permit, the Department shall determine whether the request constitutes a significant change from conditions of the approved mining permit, and whether the submitted documentation is administratively complete.C. In the event that the Department determines that an amendment is a minor revision, the Department shall consider the request for amendment automatically approved within 60 working days of an administratively complete submittal, unless the Department requests additional information or the application is denied.D. In the event that the Department determines that an amendment is not a minor revision, the Applicant shall submit an application for permit amendment, including any applicable fees. Applications for permit amendment will be processed in accordance with Rules Concerning the Processing of Applications, 06-096 C.M.R. ch. 2. In addition, the Department may require any additional application requirements specified section 9 of this Chapter. The Applicant will not be required to submit any information which duplicates applicable previous submittals. The Applicant shall clearly describe where the information not included in the amendment application, but necessary to render the amendment technically adequate, may be found in the original application and supporting documents.06-096 C.M.R. ch. 200, § 3-16