(a) If an informal conference has been held, the secretary shall issue and furnish the applicant for a permit and persons who were parties to the informal conference with the written finding granting or denying the permit, in whole or in part, and stating the reasons therefor within sixty days of the informal conference, notwithstanding the requirements of subsection (a), section eighteen of this article.
(b) If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification. Within thirty days after the applicant is notified of the secretary's decision, the applicant or any person with an interest which is or may be adversely affected may request a hearing before the Surface Mine Board as provided in article one, chapter twenty-two-b of this code to review the secretary's decision.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 3. Surface Coal Mining and Reclamation Act
§22-3-4. Reclamation; Duties and Functions of Secretary
§22-3-6. Duties of Surface Mining Reclamation Inspectors and Inspectors in Training
§22-3-9. Permit Application Requirements and Contents
§22-3-10. Reclamation Plan Requirements
§22-3-12. Site-Specific Bonding; Legislative Rule; Contents of Legislative Rule; Legislative Intent
§22-3-13. General Environmental Protection Performance Standards for Surface Mining; Variances
§22-3-13a. Preblast Survey Requirements
§22-3-18. Approval, Denial, Revision and Prohibition of Permit
§22-3-20. Public Notice; Written Objections; Public Hearings; Informal Conferences
§22-3-21. Decision of Secretary on Permit Application; Hearing Thereon
§22-3-22a. Blasting Restrictions; Site Specific Blasting Design Requirement
§22-3-24. Water Rights and Replacement; Waiver of Replacement
§22-3-25. Citizen Suits; Order of Court; Damages
§22-3-26. Surface Mining Operations Not Subject to Article
§22-3-27. Leasing of Lands Owned by State for Surface Mining of Coal
§22-3-29. Experimental Practices
§22-3-30. Certification and Training of Blasters
§22-3-30a. Blasting Requirements; Liability and Civil Penalties in the Event of Property Damage
§22-3-31. Conflict of Interest Prohibited; Criminal Penalties Therefor; Employee Protection
§22-3-32. Special Tax on Coal Production; Mines and Minerals Operations Fund
§22-3-33. Attorney Fees and Costs
§22-3-36. Claims Process for Blasting
§22-3-37. Rules, Orders and Permits to Remain in Effect Regarding Blasting; Proceedings Not Affected