Illinois Administrative Code › Title 62 - MINING › Part 1774 - REVISION; RENEWAL; AND TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS › Section 1774.13 - Permit Revisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) During
			 the term of a permit, the permittee may submit an application to the Department
			 for a revision of the permit. The application may be made on the standard
			 Department permit form; however, only those sections of the form that pertain
			 to the revision in question must be completed.
b) Application Requirements and Procedures
1) The Department will approve or disapprove
			 applications for insignificant revisions within 90 days after receipt of the
			 application. Applications for significant revision will be acted upon in
			 accordance with 62 Ill. Adm. Code
			 1773.13
			 and
			 1773.15.
2) A significant revision to a permit shall
			 be obtained for changes in the surface coal mining or reclamation operations
			 described in the original application and approved under the original permit,
			 when the changes constitute a significant departure from the method of conduct
			 of mining or reclamation operations contemplated by the original permit. For
			 purpose of these requirements, significant departures from the methods or
			 conduct of mining or reclamation operations include any change in the mining or
			 reclamation operations, except the following, if not contemplated or provided
			 for in the original permit:
A) For surface
			 mines, changes of direction of mining or location of mining equipment within
			 the permit area;
B) Substitution of
			 mining equipment designed for the same purpose, the use of which is not
			 detrimental to achievement of final reclamation or subsidence
			 control;
C) For underground mines,
			 any change in direction or location of mining within the permit area or shadow
			 area, in response to unanticipated events;
D) Any other change in operations, methods or
			 conduct of mining described in writing to the Department that the Department
			 excuses in writing from requirement of revision on a case-by-case basis after
			 determining that the described change will have no significant potential
			 adverse impact on the achievement of final reclamation plans or subsidence
			 control plans or upon the surrounding area;
E) Any alteration in the reclamation plan or
			 reclamation operations which does not involve significant delay or significant
			 change in land use described in writing to the Department and excused from this
			 requirement of revision on a case-by-case basis. Alternative land use proposals
			 shall comply with 62 Ill. Adm. Code
			 1816.133
			 or
			 1817.133,
			 and shall be approved only after consultation with the landowner or the land
			 management agency with jurisdiction over the lands. If applicable, alternative
			 land use proposals shall comply with 62 Ill. Adm. Code
			 1785.17(e)(5).
			 A significant revision shall be required for a land use change to any of the
			 following, as defined in 62 Ill. Adm. Code 1701.Appendix A:
i) "Residential";
ii) "Industrial/commercial";
iii) "Recreation"; or
iv) "Developed water resources" that meet the
			 size criteria of
			 30
			 CFR 77.216(a);
F) Any temporary change in
			 operations, subsidence control or reclamation plans necessitated by
			 unanticipated and unusually adverse weather conditions, other acts of God,
			 strikes, or other cause beyond the reasonable control of the permittee, after
			 review and approval by the Department in writing, provided that all steps
			 specified by the Department to maximize environmental protection are
			 taken.
3) All
			 significant permit revision applications shall meet the requirements of 62 Ill.
			 Adm. Code 1773.13, 1773.19(a)(3)(A) and (C), and 1778.21.