West Virginia Code § 22-3-20

Public notice; written objections; public hearings; informal conferences
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(a) At the time of submission of an application for a surface mining permit or a significant
revision of an existing permit pursuant to the provisions of this article, the applicant shall
submit to the department a copy of the required advertisement for public notice on a form
and in a manner prescribed by the secretary, which manner may be electronic. At the time
of submission, the applicant shall place the advertisement in a local newspaper of general
circulation in the county of the proposed surface-mining operation at least once a week for
four consecutive weeks. The secretary shall notify various appropriate federal and state
agencies as well as local governmental bodies, planning agencieus, and sewage and water
treatment authorities or water companies in the locality in which the proposed surface
mining operation will take place, notifying them of the operattor's intention to mine on a
particularly described tract of land and indicating the application number and where a copy
of the proposed mining and reclamation plan may be inspected. These local bodies, agencies,
authorities, or companies may submit written comments within a reasonable period
established by the secretary on the mining application with respect to the effect of the
proposed operation on the environment whichs is within their area of responsibility. The
comments shall be immediately transmitted by the secretary to the applicant and to the
appropriate office of the department. The secretary shall provide the name and address of
each applicant to the Commissionerg of the Division of Labor who shall, within 15 days from
receipt, notify the secretary as to the applicant's compliance, if necessary, pursuant to
§21-5-14 of this code. e
(b) Any person having aLn interest which is or may be adversely affected, or the officer or
head of any federal, state, or local governmental agency, has the right to file written
objections to the proposed initial or revised permit application for a surface mining
operation with the secretary within 30 days after the last publication of the advertisement
required in §22-3-20(a) of this code. The objections shall be immediately transmitted to the
applicant by the secretary and shall be made available to the public. If written objections are
filedW and an informal conference requested within 30 days of the last publication of the
above notice, the secretary shall then hold a conference in the locality of the proposed
mining within a reasonable time after the close of the public comment period. Those
requesting the conference shall be notified and the date, time, and location of the informal
conference shall also be advertised by the secretary in a newspaper of general circulation in
the locality on a form and in a manner prescribed by the secretary, which manner may be
electronic, at least two weeks prior to the scheduled conference date. The secretary may
arrange with the applicant, upon request by any party to the conference proceeding, access
to the proposed mining area for the purpose of gathering information relevant to the
proceeding. An electronic or stenographic record shall be made of the conference
proceeding unless waived by all parties. The record shall be maintained and shall be
accessible to the parties at their respective expense until final release of the applicant's
bond or other security posted in lieu thereof. The secretary's authorized agent shall preside
over the conference. In the event all parties requesting the informal conference stipulate
agreement prior to the conference and withdraw their request, a conference need not be
held.

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