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~IIII~IIIII~II~~II~ t '~ sss HANDBOOK MEMORANDUM Extension of the Permit Review Period Beyond the Time Period in the Coal Act Permit applicants have asked whether the review period fora permit application can continue beyond the 180 day time frame specified in Section 119(2) of the Surface Coal Mining Reclamation Act (Act) when it is evident that the Division cannot issue a proposed decision to approve the application. That is, does the Division, by the 180th day, have to take administrative action proposing to approve or deny a permit application. After discussing this with the Attorney General's office, a system has been established that allows for the continuation of the permit review beyond the 180 day time period. First, a request to continue the review process beyond the 180th day can only come from the applicant. Neither the Division nor the public can choose to continue the review. If no request is made from the applicant, then the Division must make and publish its proposed decision. The applicant may ask fora hearing before the Board if they disagree with the Division's decision. Second, the procedure to follow if a waiver is requested and granted is similar to that used for the initial permit submittal. The applicant will have to publish a notice, in the same paper as the original notice, that the review is being continued. The applicant will have to waive any limits to public participation. The publication also will have to state that the review is being continued at the request of the applicant, but that any interested party may object to the continuation of the review by notifying the Division. Such objection may be presented to the Board if the objector so desires. The notice will run for two consecutive weeks and the public will have an opportunity to comment before the Division can publish its final decision. Publication of the Division's proposed decision will be in the same manner as required under the law and the rules and regulations. The public will have 30 days to submit comments about the proposed decision or to object to it in the same manner described in Rule 2.07.4(3)(a). A condition of the waiver will be that all parties that have submitted written objections to the Division during the review process will be notified by certified mail of the continuation of the review. They will have an opportunity to object to the continuation of the review. Third, the agreement that is to be drafted between the Division and the party requesting the waiver must set specific timetables for the continued review. Violation of the timetables will constitute sufficient reason for the Division to go forward with a proposed decision or the applicant to petition the Board fora hearing on the issues.