ARSD 74:29:03:12. Publication of notice of departmental recommendation -- Contents of notice

The department shall publish a notice of departmental recommendation in a newspaper of general circulation in the locality of the mining operation once a week for two consecutive weeks, beginning not more than 45 days after filing. The notice must contain the following: (1) The identity and address of the applicant; (2) The applicant's registered agent, if applicable; (3) The location of the mining operation; (4) The primary mineral being mined; (5) A brief description of the amendment application; (6) The number of the permit being amended; (7) The selected postmining land use of the affected land; (8) The location where additional information about the permit amendment application may be obtained; (9) The department's recommendation of board action on the amended application; and (10) A statement indicating that petitions to initiate a contested case hearing pursuant to chapter 74:09:01 must be received by the department no later than 15 days following the final publication of the notice or the amendment application will be issued pursuant to the department's recommendation. A copy of the notice of departmental recommendation shall be mailed by the department to the applicant at the same time it is mailed to the newspaper for publication.