Current through Register Vol. 48, No. 12, March 22, 2024
a) General Requirements
Each geographically distinct mining site and refuse disposal
area shall require a separate permit application, which shall be accompanied by
a United States Geological Survey Topographical Map outlining the acreage to be
affected and adequately showing the land surrounding the acreage to be
affected. Each application for a permit, and each amendment to an application
for a permit, shall be submitted to the Department pursuant to the Act and to
this Part and shall contain the following items (subject to waiver by the
Director with respect to amendments to applications as provided for in the
Act):
1) a statement of the ownership
of the land and of the ownership of the minerals to be mined;
2) a list of the minerals to be mined; or
from which the refuse was derived;
3) the character and composition of the
vegetation and wildlife on the lands to be affected;
4) the current and past uses of the lands to
be affected;
5) the current
assessed valuation of the lands to be affected and the assessed valuation shown
by the 2 quadrennial assessments next preceding the currently effective
assessment;
6) the nature, depth
and proposed disposition of the overburden;
7) the estimated depth to which the mineral
deposit will be mined;
8) the
technique to be used in surface mining;
9) the location and names of all streams,
creeks, bodies of water and underground water resources within the land to be
affected;
10) drainage on and away
from the lands previous to being affected during mining and after mining and
reclamation is completed including directional flow of water, natural and
artificial drainage and waterways, and streams or tributaries receiving the
discharge;
11) the location of
buildings and utility lines within lands to be affected;
12) disclosure of the forfeiture or notice of
forfeiture of any reclamation bond or reclamation security filed by the
applicant or any operator related to the applicant, with this state or any
other state, agency of state government or unit of local government. For the
purposes of this subsection (a)(12), "operator related to the applicant" means:
A) any person, corporation or entity,
directly or indirectly controlling, controlled by or under common control of
the individual or corporate applicant, or
B) any officer or director of an entity or
corporation performing similar functions with respect to another entity,
corporation or person related to the individual or corporate
applicant;
13) the
results of core drillings of consolidated materials in the overburden when
required by the Department, provided that the Department may not require core
drillings at the applicant's expense in excess of one core drill for every 25
acres of affected land;
14) a
detailed soil map of medium intensity prepared by Soil Conservation Service,
U.S. Department of Agriculture, which shows the kind and extent of soils to be
affected by coal surface mining during the forthcoming permit period. This
requirement may be waived by the Director upon the written request of the
applicant filed with and at the time of application, which request verifies
that:
A) such a map is either not in existence
or not readily available, and
B) to
have such a map prepared or made available would necessitate an undue delay.
In the event that the requirement for this map is waived, the
applicant shall submit a comparable map approved by the Director. Operators of
aggregate mines are not required to submit this map;
15) the desired effective date of
the permit; and
16) the name,
address, contact person and phone number of any municipality with legal
jurisdiction over the proposed permit area through an annexation or
pre-annexation agreement.
AGENCY NOTE: As provided for in the Act, information
respecting the minerals to be mined, respecting the estimated depth to which
the mineral deposit will be mined, and respecting the results of core drillings
if required by the Department shall be held confidential by the Department upon
the written request of the operator.
b) Reclamation Plan and Map
1) Each application for a permit, and each
amendment to an application for a permit, submitted to the Department under the
Act and this Part, shall contain a conservation and reclamation plan for each
geographically distinct mining site or refuse disposal site to be affected
during the permit period. Included with the plan shall be maps of the area to
be affected (with the same scale as recommended in Section
300.160(d)
of this Part) designating which parts of the lands shown are to be reclaimed
for:
A) forest;
B) pasture;
C) crop;
D) horticultural;
E) homesite;
F) recreational;
G) industrial; or
H) other uses, including food, shelter and
ground cover for wildlife.
2) The reclamation plan, together with the
reclamation maps shall:
A) provide for timely
compliance with all operator duties as set forth in Section 6 of the Act and
this Part by feasible and available means; and
B) provide for storage of all overburden and
refuse.
c)
Copies Required
Each application for a permit, and each amendment to an
application for a permit, shall be submitted to the Department in
duplicate.