Filing and public notice.
1) Upon submission of an administratively
complete application, an applicant for a permit, significant revision of a
permit under 62 Ill. Adm. Code
1774.13, or
renewal of a permit under 62 Ill. Adm. Code
1774.15, shall
place an advertisement in a local newspaper of general circulation in the
locality of the proposed surface coal mining and reclamation operation at least
once a week for 4 consecutive weeks. A copy of the advertisement as it will
appear in the newspaper shall be submitted to the Department. The advertisement
shall contain, at a minimum, the following:
A)
The name and business address of the applicant.
B) A map or description which clearly shows
or describes the precise location and boundaries of the proposed permit area
and shadow area, if applicable, and is sufficient to enable local residents to
readily identify the proposed permit area. It may include towns, bodies of
water, local landmarks, and any other information which would identify the
location. If a map is used, it shall indicate the north direction. If the
application includes a shadow area, the map or description shall differentiate
between the two.
C) The location
where a copy of the application is available for public inspection.
D) The address of the office of the
Department where written comments, objections or requests for informal
conferences and public hearings on the application may be submitted under
subsections (b) and (c).
E) If an
applicant seeks a permit to mine within 100 feet of the outside right-of-way of
a public road, except where public notice and hearing have previously been
provided for this particular part of the road in accordance with 62 Ill. Adm.
Code
1761.14,
a concise statement describing the public road, the activities proposed within
100 feet of the road, the particular part to be relocated or closed, if
applicable, and the approximate timing and duration of the relocation or
closing.
F) If the application
includes a request for an experimental practice under 62 Ill. Adm. Code
1785.13,
a statement indicating that an experimental practice is requested and
identifying the regulatory provisions for which a variance is
requested.
2) The
applicant shall make an application for a permit, significant revision under 62
Ill. Adm. Code
1774.13, or renewal of a permit under 62 Ill. Adm. Code
1774.15 available
for the public to inspect and copy by filing a full copy of the application
with the clerk at the courthouse of the county where the mining is proposed to
occur. This copy of the application need not include confidential information
exempt from disclosure under subsection (d). The application required by this
subsection shall be filed in accordance with Section 2.04(a) of the State Act.
The applicant shall file an additional copy of any changes to the application
with the Department. The Department will then forward this copy to the county
clerk.
3) Upon receipt of an
administratively complete application for a permit, a significant revision to a
permit under 62 Ill. Adm. Code
1774.13, or a renewal of a permit under 62 Ill.
Adm. Code
1774.15, the Department shall issue written notification indicating
the applicant's intention to mine the described tract of land, the application
number or other identifier, the location where the copy of the application may
be inspected, and the location where comments on the application may be
submitted. The notification shall be sent to:
A) Local governmental agencies with
jurisdiction over or an interest in the area of the proposed surface coal
mining and reclamation operation, including but not limited to planning
agencies, sewage and water treatment authorities, water companies;
and
B) All Federal or State
governmental agencies with authority to issue permits and licenses applicable
to the proposed surface coal mining and reclamation operation and which are
part of the permit coordinating process developed in accordance with Section
503(a)(6) of the Federal Act or Section
1773.12;
or those agencies with an interest in the proposed operation, including the
U.S. Department of Agriculture, Natural Resources Conservation Service district
office, the local U.S. Army Corps of Engineers district engineer, the National
Park Service, State and Federal fish and wildlife agencies, and the historic
preservation officer.