(A) Not less than 21 days after the Committee has prepared its written report, the Commissioners must hold a meeting to do the following:
(1) Review the permit application;
(2) Review the Committee’s report;
(3) Allow testimony from the applicant and any other interested parties; and
(4) Vote on the permit application. However, the Commissioners may vote at a subsequent meeting if the Commissioners request additional information or testimony.
(B) If the Commissioners vote to approve the permit application, the Commissioners must:
(1) Determine any other conditions required in the permit; and
(2) Determine the amount of the surety bond or irrevocable letter of credit to be required of the applicant. The amount of the surety bond or irrevocable letter of credit must be sufficient to ensure completion of the reclamation plan if the work had to be completed by the Commissioners if forfeiture occurs, but the amount may not exceed $5,000 per acre.
(C) (1) If the Commissioners vote to deny the application, the Commissioners must state the reasons for denial. The Commissioners may only deny an application for the following reasons:
(a) The applicant’s reclamation plan does not assure adequate reclamation of the affected lands;
(b) The applicant’s reclamation or surface mining operation, as planned, will likely cause a danger to the public safety, public health, property or environment;
(c) The Commission or Committee has been denied access to inspect the lands which are part of the application for the permit; and
(d) The applicant has not provided the information required to be in the application under § 154.04 or has not provided additional information requested by the Commission or Committee.
(2) An applicant whose application has been denied may reapply for a permit under § 154.04.
(D) If the Commissioners have required a surety bond or irrevocable letter of credit for an approved permit application, the operator may not begin surface mining operations until the operator has posted a bond or irrevocable letter of credit that meets the requirements of this chapter and the permit.
(E) A permit granted by the Commissioners may not be sold, transferred or assigned to another person without the prior approval of the Commissioners.
(BC Ord. 1995-14, passed 10-23-1995) Penalty, see § 154.99