Section 280.50 New Surface Mines

Section 280

Section 280.50  New Surface

Mines

The regulations and requirements

of this Part shall apply to surface coal mining operations except underground

coal mines which did not have a Section 4 permit prior to February 3, 1978.

a)         Application.  An application shall be submitted upon forms

supplied by the Authority.  Additional documentation shall accompany an

application form as necessary or appropriate to establish that all Federal

Surface Regulations will be met by the applicant.

b)         Mines Possessing Section 4 Permits Before August 11, 1978.  Mines

possessing permits pursuant to Section 4 issued by the Department of Natural

Resources, Office of Mines and Minerals prior to the effective date of Section

17 of the Illinois Act, shall be entitled to continue in operation, subject to

compliance with the Federal Surface Regulations provided an application is

currently on file with the Authority.  (Such mines shall request determinations

required of existing surface mines in Part 3 hereof.)  If a permittee does not

have a complete application on file with the Authority, or the Authority denies

an application, operations of mines to which this paragraph applies shall cease

forthwith, reasonable security measures for the protection of property and

safety excepted, and shall not commence again until such application is filed

or approved by the Regulatory Authority.

c)         No person shall open or operate a surface coal mining

operation which is not subject to Section 4, or exempt under Section 17,

without a Section 17 permit.

d)         No person shall open or operate a surface coal mining

operation for which a Section 4 permit would have been required but was not

issued before August 11, 1978, without a combined permit.

e)         Processing an Application

1)         Applications will be received by the Authority and reviewed for

completeness

t to Section 4, or exempt under Section 17,

without a Section 17 permit.

d)         No person shall open or operate a surface coal mining

operation for which a Section 4 permit would have been required but was not

issued before August 11, 1978, without a combined permit.

e)         Processing an Application

1)         Applications will be received by the Authority and reviewed for

completeness.  Such review shall be as to form only, for purposes of initiating

review, and shall not preclude later requests for more complete or additional

information from the applicant.  The authority will notify the applicant as to

whether the application is complete.

2)         When an application is found to be complete, the Authority

shall forward copies for Interagency Committee review, and shall see to it that

copies are filed by the permit applicant with the appropriate County Board. The

Interagency Committee shall review each application in accordance with its

designated responsibilities and expertise.  Comments shall be returned to the

Authority within 45 days of receipt of the complete application by the

Authority, and copies thereof will be sent to the applicant and filed with the

County Clerk of the appropriate County.

3)         Prime farmland review shall be conducted in accordance with

Section 280.70 hereof.

4)         The Authority shall consider all written comments received,

including comments of a County Board.  The Authority may discuss comments with

the applicant, Interagency Committee Members or other technically trained

experts and may require additional information to be provided.  If review and

comment reveals that inadequate information has been received from an

applicant, the applicant will be asked to supply additional information.

Failure to supply satisfactory information in support of an application is

grounds for permit denial.

f)         Permit Grant

y Committee Members or other technically trained

experts and may require additional information to be provided.  If review and

comment reveals that inadequate information has been received from an

applicant, the applicant will be asked to supply additional information.

Failure to supply satisfactory information in support of an application is

grounds for permit denial.

f)         Permit Grant.  Permits shall be granted by the Authority provided:

1)         that Prime Farmland Review is completed pursuant to Section

280.70 hereof.

2)         that the application shows compliance with all Federal

Regulations; and

3)         that all provisions and conditions deemed necessary or

appropriate by the Authority to assure compliance with the Act and all

regulations are agreed to by the applicant.

g)         Permit Denial.  Permit denial shall occur whenever the

Authority determines:

1)         that Prime Farmland requirements under Section 280.70 hereof

will not be met; or

2)         when, based upon the application and comments in the record,

it is the judgment of the Authority that 62 Ill. Adm. Code 300 on Federal

Regulations will not be met.

h)         Determinations.  After a permit is issued, determinations

shall be requested in accordance with Section 280.30 hereof.