§ 774.10 - Regulatory authority review of permits.

§ 774.10 When must the regulatory Regulatory authority review a permit after issuance?of permits.

(a)

(1)

The regulatory authority

must

shall review each permit issued and outstanding under an approved regulatory program during the term of the permit.

(2) The review required by paragraph (a)(1) of this section must include, but is not limited to, an evaluation of the impacts of the operation on fish, wildlife, and related environmental values in the permit and adjacent areas. The regulatory authority must use that evaluation to determine whether it is necessary to order the permittee to modify the fish and wildlife enhancement plan approved in the permit to ensure that the operation minimizes disturbances and adverse impacts on fish, wildlife, and related environmental values within the permit and adjacent areas to the extent possible using the best technology currently available.

(3) The review required by paragraph (a)(1) of this section must

This review shall occur not later than the middle of each permit term

except that permits

and as follows:

(1) Permits with a term longer than 5 years

must

shall be reviewed no less frequently than the permit midterm or every 5 years, whichever is more frequent.

(

4

2) Permits with variances granted in accordance with § 785.14 of this chapter (mountaintop removal

mining

) and

permits containing a variance from approximate original contour restoration requirements in accordance with

§ 785.

16

18 of this chapter

must

(variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) of this chapter shall be reviewed no later than 3 years from the date of issuance of the permit

, unless

unless, for variances issued in accordance with § 785.14 of this chapter, the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the permit.

This review may be combined with the first review conducted under paragraph

(

a)(

3)

of this section if the permit term does not exceed 5 years. (5)

Permits containing

an

experimental

practice approved

practices issued in accordance with § 785.13 of this chapter

must

and permits with a variance from approximate original contour requirements in accordance with § 785.16 shall be reviewed as set forth in the permit or at least every 21⁄2 years from the date of issuance as required by the regulatory authority, in accordance with

§

§§ 785.13(g)

of this chapter

and 785.16(

6) Permits granted in accordance with § 785.18 of this chapter (variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) must be reviewed no later than 3 years from the date of issuance of the permit. This review may be combined with the first review conducted under paragraph (a)(3) of this section if the permit term does not exceed 5 years.

(b) After a

c) of this chapter, respectively.

(b) After the review required by paragraph (a) of this section, or at any time, the regulatory authority may, by order, require reasonable revision of a permit in accordance with § 774.13 to ensure compliance with the Act and the regulatory program.

(c) Any order of the regulatory authority requiring revision of a permit must shall be based upon written findings and is shall be subject to the provisions for administrative and judicial review in part 775 of this chapter. Copies of the order must shall be sent to the permittee.

(d) Permits may be suspended or revoked in accordance with subchapter L of this chapter.

[48 FR 44398, Sept. 28, 1983. Redesignated at 65 FR 79667, Dec. 19, 2000, as amended at 81 FR 93325, Dec. 20, 2016; 82 FR 54944, Nov. 17, 2017]