(a) Within 90 days after submission of the application for a permit or Research and Development Testing License revision, the Administrator shall notify the operator of whether or not the application is complete and whether notice and opportunity for public hearing is required.
(b) Notice and opportunity for public hearing is required: - (i) For revision of an in situ mining permit or Research and Development Testing License in accordance with requirements of Sections 19(b) and (c) of Chapter 11:
- (ii) Whenever the application for a permit or Research and Development Testing License revision proposes the following changes, so long as they constitute significant deviations from that which was contemplated in the approved mining and reclamation plan. The following will normally be considered significant deviations unless otherwise determined by the Administrator:
- (A) More than a 20 percent increase in affected land from that which was approved in the original permit, with the following exception:
- (B) A change in the approved future land use or uses which affects more than 20 percent of the land within the permit or Research and Development Testing License area;
- (C) A change in the approved method for insuring that all acid-forming or toxic materials, radioactive materials, or materials constituting a fire, health or safety hazard uncovered during or created by the mining or Research and Development Testing License process are promptly treated or disposed of during the mining, reclamation or Research and Development Testing License process in a manner designed to prevent pollution of surface or subsurface water or threats to human or animal health and safety;
- (D) The construction or relocation of mills, tailings disposal facilities, or heap leach facilities;
- (E) A change in the approved method of mining which results in surface disturbance (e.g. underground, surface or in situ mining);
- (F) A change which would adversely affect the quality, quantity, or distribution of water in surface or groundwater systems; or
- (G) Any changes which propose significant alterations in the approved mining or reclamation operation as determined by the Administrator.