(a)

1. (1) The permit application must be made on a form furnished by the Division of Environmental Quality.

2. (2)

   1. (A) The application form shall be prepared as two (2) originals with an original notarized signature of an owner, corporate officer, or duly authorized agent on each.
   2. (B) An agent must provide proof of his or her authority by a power of attorney or other such document signed by the principal.

(b)

1. (1) The permit term shall not exceed five (5) years.
2. (2) At the Director of the Division of Environmental Quality’s discretion, and based on information contained in the operator’s right to mine and other environmental concerns, including, but not limited to, the proximity of the proposed mining operation to any water bodies, the permit term that is approved may be less than the maximum of five (5) years.

(d)

1. (1) An applicant for a new permit or major modification of an existing permit shall comply with the public notice requirements delineated in the Arkansas Pollution Control and Ecology Commission’s rules on administrative procedures.

2. (2)

   1. (A) Written comments on a new permit application or major modification of an existing permit, with respect to the effects of the proposed mining operations on the environment, may be submitted to the division by any person within thirty (30) days after the last publication of the newspaper notice required by the commission’s rules on administrative procedures.
   2. (B) The division shall, immediately upon receipt of any written comments:

(i) Transmit a copy of the letter to the applicant;

1. (ii) File a copy for public inspection with the permit application at the division’s North Little Rock office;

   1. (iii) Review the comments and prepare a written response to the comments prior to permit issuance; and

      1. (iv) Provide notice of date of permit issuance to all persons who submitted timely written comments.

(e)

1. (1) An applicant for a new or major modification of an existing streambed mining permit shall make a reasonable effort to notify all adjacent landowners that a complete application for a streambed mining permit is on file with the division.

2. (2) This notice also shall contain the:

   1. (A) Permittee’s name and mailing address;
   2. (B) Type of mine;
   3. (C) Commodity to be mined; and
   4. (D) Location of the mine.
3. (3) The adjacent landowners shall be notified at the same time that the permit application is submitted to the division.
4. (4) The applicant must provide a copy of the letter sent to each adjacent landowner with the application.

(f)

1. (1) A permit issued under the provisions of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part does not convey to the operator the right of access to the property proposed to be mined.
2. (2) Access must be granted under the proof of right to mine as required in 15 CAR § 231-206.