TN Code § 59-8-112 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 1 - Primacy and Reclamation Act of Tennessee [Contingent Effective Date, See Compiler's notes.]|§ 59-8-112. Administratively Complete Permit Applications — Objections — Informal Conferences — Approval or Disapproval — Approval or Disapproval of Mining and Reclamation Plan — Termination of Permit —Revision of Permit. [Contingent Effective Date, See Compiler's notes.]

    Within thirty (30) business days of the date of receipt of an application for a permit to conduct surface coal mining and reclamation operations, the commissioner shall notify the applicant in writing, stating whether or not the application is administratively complete. If the application is not administratively complete, the commissioner shall state in the written notice why the application is incomplete and the specific requirements to make the application administratively complete.   Upon discovery of deficiencies in the application, the department shall promptly notify the applicant in writing and allow the applicant to temporarily withdraw the application for the purpose of correcting the deficiencies. Temporary withdrawal periods shall not be counted against the time available to the department for consideration of the application.     The commissioner shall be deemed in receipt of an administratively complete permit application when the earliest of the following events occur:  The permit applicant is notified that the application is administratively complete;   The commissioner's failure to issue acknowledgment of receipt of an administratively complete application to the permit applicant as provided in this section within five (5) business days of receipt by the commissioner of the application; or   Receipt by the commissioner of the specific requirements identified by the commissioner to make the application administratively complete.     Within forty-five (45) business days of the receipt of an administratively complete application, the commissioner shall complete the review of the permit application for technical completeness and notify the permit applicant in writing of any technical deficiencies in the permit application.   Upon receipt of a permit application, the commissioner shall:  Notify applicable local governmental bodies, planning agencies, the county tax assessor, and water and waste-water treatment authorities or companies whose territorial jurisdiction includes the geographic location of the proposed coal surface mine, of the applicant's intent to surface mine a specific tract; and   Inform the entities listed in subdivision (a)(4)(A) where a copy of the proposed mining and reclamation plan may be inspected to allow the entities to submit written comments within a reasonable period of time, established by the board, but not less than thirty (30) days, concerning the effects of the proposed operation on the environment within their areas of responsibility.     Upon the close of the comment period described in subdivision (a)(4)(B), the commissioner shall transmit the comments to the applicant and make the comments available for public inspection at the same location as the mining permit applications.      Any person may see and review the entire application, except for information that is classified as confidential in this part or § 10-7-504, and any aggrieved person, or the officer or head of any federal, state, or local governmental agency or authority may file written objections to the application for a permit within thirty (30) days after the last publication of the newspaper notice required by § 59-8-106(k).   Upon receipt of any written objections, the commissioner shall transmit the objections to the applicant and make the objections available for public inspection. If any written objections are filed and an informal conference is requested, the commissioner shall hold an informal conference in the locality where the proposed surface coal mining and reclamation operation would be located within forty-five (45) days of the receipt of the request. The commissioner shall advertise the date, time, and location of the informal conference in a newspaper of general circulation that serves the geographic area where the proposed surface coal mining and reclamation operation would be located at least two (2) weeks before the scheduled informal conference date. Upon request by a party to an informal conference, the commissioner may arrange with the applicant 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 informal conference proceedings, unless waived by all parties. The commissioner shall maintain the record and make the record accessible to the parties until final release of the applicant's performance bond.   If all parties requesting the informal conference stipulate to an agreement prior to the time of the informal conference and withdraw their request, the informal conference need not be held.     If an informal conference is held under subsection (b), the commissioner shall issue and furnish to the applicant and other persons who are parties to the administrative proceedings the commissioner's written findings, granting or denying the permit in whole or in part, and stating the reasons for the grant or denial, within sixty (60) business days of the informal conference, and within one hundred fifty (150) business days of the receipt of an administratively complete application.   If an informal conference is not held under subsection (b), the commissioner shall notify the applicant for a permit within sixty (60) business days after the receipt of a technically complete new amendment, or renewal application, but not before thirty (30) business days, whether the application has been approved or disapproved, in whole or in part.    If the application is approved, the permit shall be issued upon the posting of the required bond. Within ten (10) days after the granting of a permit, the commissioner shall notify the local governmental officials for the political subdivision where the area of land to be affected by the operation is located that a permit has been issued and shall describe the location of the land.   If the application is denied, the commissioner shall state the specific reasons for the denial in the notification.   Any aggrieved person may appeal the commissioner's decision to grant, deny, or modify any permit application, to the board under § 59-8-120.      An applicant may submit a complete application containing a mining and reclamation plan and maps in which the mining and reclamation work is separated into clearly identified and defined increments, and may request incremental permitting and bonding. The newspaper notice shall clearly state the plan, sequence, and timetable of mining.   The commissioner shall evaluate the completed application and, if the commissioner approves the application, shall issue a written letter of approval of the mining and reclamation plan to the applicant, and, upon the posting of a bond for the first increment, shall issue a permit for the first increment.   A permittee shall notify the commissioner in writing at least sixty (60) days before beginning operations on the second or a subsequent increment. The commissioner shall then inspect the operation to determine if the operation is in compliance with this part, permit requirements, and the original approved mining and reclamation plan. After inspection, approval, and the necessary bond has been posted, the commissioner shall adjust the permit to include the second or a subsequent increment, without the need for another permit application, newspaper notice, or hearing.   The commissioner shall not require revision of an approved mining and reclamation plan or withdraw a letter of approval unless the commissioner finds that the present plan is not working or is inadequate to protect the public and the environment.     The commissioner shall not approve a permit or revision application unless the application affirmatively demonstrates, and the commissioner makes a written finding based on the information in the application or information otherwise available that is documented in the approval and made available to the applicant, that:  The permit application is accurate and complete and that all the requirements of this part are met;   The applicant has demonstrated that reclamation, as required by this part, can be accomplished under the reclamation plan contained in the permit application;   The commissioner has assessed the probable cumulative impact of all anticipated coal surface mining in the area on the hydrologic balance, and the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and   The area proposed to be mined for coal is not included within an area designated unsuitable for surface coal mining and reclamation pursuant to § 59-8-125, or is not within an area under study for that designation in an administrative proceeding commenced pursuant to § 59-8-125, unless the applicant demonstrates that, prior to January 4, 1977, the applicant made substantial legal and financial commitments in relation to a mining operation for which the applicant is applying for a permit.      When a schedule of violations, cease and desist orders, or other information available to the commissioner indicates that any surface coal mining and reclamation operation owned or controlled by the applicant, operator, or subcontractor is currently in violation of this part, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201, et seq.), or any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection, the commissioner shall not issue the permit until the applicant submits proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the commissioner, department, or agency that has jurisdiction over the violation.   The commissioner shall not issue a permit to an applicant after a finding by the commissioner, after opportunity for a hearing pursuant to § 59-8-120, that the applicant, operator, or subcontractor specified in the application controls or has controlled mining operations with a demonstrated pattern of violations of this part of a nature and duration or with resulting irreparable damage to the environment as to indicate an intent not to comply with this part.      In addition to finding the application in compliance with this section, if an area proposed to be mined for coal contains prime farmland, the commissioner shall, after consultation with and the concurrence of, the United States secretary of agriculture, and pursuant to the rules promulgated by the board under § 59-8-103(b)(1), grant a permit to surface mine for coal on prime farmland if the commissioner finds in writing that the applicant has the technological capability to restore the mined area within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in this part.   Nothing in this subsection (i) applies to any permit issued prior to August 3, 1977, or to any revisions or renewals to those permits, or to any existing surface coal mining operations for which a permit was issued prior to August 3, 1977.      A permit shall terminate if the permittee has not commenced the surface coal mining and reclamation operations covered by the permit within three (3) years of the date of issuance of the permit; however, the commissioner may grant reasonable extensions of time upon a showing that the extensions are necessary by reason of litigation precluding commencement of operations threatening substantial economic loss to the permittee, or reasons beyond the control and without the fault or negligence of the permittee.   In the case of a coal lease issued under the federal Mineral Leasing Act (30 U.S.C. § 181, et seq.), extensions of time may not extend beyond the period allowed for diligent development in accordance with 30 U.S.C. § 187.   In the case of coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.      Any valid permit issued pursuant to this part may be renewed upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal, and a renewal shall be issued; provided, that on application for renewal the burden shall be on the opponents of renewal, subsequent to fulfillment of the public notice requirements of § 59-8-106. A permit renewal shall be granted unless the commissioner makes written findings that:  The terms and conditions of the existing permit are not being satisfactorily met;   The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this part;   The renewal requested substantially jeopardizes the permittee's continuing responsibility on existing permit areas;   The permittee has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in the application, as well as any additional bond the commissioner might require under § 59-8-108; or   Any additional revised or updated information required by the commissioner has not been provided. Prior to the approval of any permit renewal, the commissioner shall provide notice to the appropriate public authorities.     If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit that addresses any new land areas is subject to the full standards applicable to new applications under this part.   The term of a permit renewal shall not exceed the term of the original permit. Application for permit renewal shall be made at least one hundred twenty (120) days prior to the expiration of the current permit.     On or after the effective date of this part [see the Compiler's Notes], and subject to valid existing rights, no surface coal mining and reclamation operations, except those which existed on August 3, 1977, are permitted:  On any lands within the boundaries of units of the national park system, the national wildlife refuge systems, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system, including study rivers designated under 16 U.S.C. § 1276(a), and national recreation areas designated by an act of congress;   On any federal lands within the boundaries of any national forest; however, surface coal mining and reclamation operations may be permitted if the secretary finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining and reclamation operations, and the surface operations and impacts are incident to an underground coal mine;   Which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved jointly by the commissioner and the federal, state, or local agency with jurisdiction over the park or the historic site;   Within one hundred feet (100') of the outside right-of-way line of any public road, except where mine access roads or haulage roads join a right-of-way line; however, the commissioner may permit the roads to be relocated or the area affected to lie within one hundred feet (100') of a road, if, after public notice and opportunity for public hearing in the locality, a written finding is made that the interests of the public and the affected landowners are protected;   Within three hundred feet (300') from any occupied dwelling, unless waived by the owner, nor within three hundred feet (300') of any public building, school, church, community, institutional building, or public park; or   Within one hundred feet (100') of a cemetery.      A petition for permit appeal may be filed by:  The permit applicant; or   By any aggrieved person who:   Provided written objections during the time period specified in subsection (b); or   Provided written or oral objections at an informal conference, whose appeal is based upon any of the issues that were provided to the commissioner in the written objections or in testimony at the informal conference on the permit application.       For permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment.   Any petition for permit appeal under this subsection (m) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the permit.   Notwithstanding § 4-5-223 or any other law to the contrary, this subsection (m) is the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit. When a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 59-8-120.     As used in this section, “business day” means any day other than a Saturday, Sunday, or legal holiday.