(a) After notice and opportunity for a public hearing, the Division of Environmental Quality may issue general permits for categories of open-cut mining operations that:
- (1) Are similar in nature;
- (2) Will cause only minimal temporary adverse environmental effects if performed separately; and
- (3) Will have only minimal cumulative adverse effects on the environment.
(b) A general permit may be revoked or modified by the division if after opportunity for a public hearing, the division determines that the activities authorized by the general permit:
- (1) May have an adverse impact on the environment; or
- (2) Are more appropriately authorized by individual permits.
- (c) The Director of the Division of Environmental Quality, at his or her discretion, may require an applicant to seek coverage under an individual permit.