Section 280.70 Prime Farmland Determinations and Findings

Section 280

Section 280.70  Prime

Farmland Determinations and Findings

a)         All Surface Mines Covered.  Every Illinois surface coal mining

operation is subject to this Section, unless exempt pursuant to Section 510 (d)

(2) of the Federal Act, as applied pursuant to Paragraph (b) below.

b)         Exemption

1)         This Section shall not apply to mines open for ongoing

operations immediately prior to August 3, 1977, to permits issued before August

3, 1977, or to operations under renewals or revisions of such permits.

Revisions or renewals of such permits under this Paragraph (b) shall extend to

and include only those areas that:

A)        were in the area covered by a permit issued, or were in a

mining plan approved prior to August 3, 1977; or

B)        are contiguous to areas for which a permit was issued or a

mining plan approved before August 3, 1977, and which under state law or

regulation, or practice, normally would have been considered a renewal or

revision of a previously approved mining plan.

2)         Persons claiming an exemption under this Paragraph (b) shall

have the burden of establishing such exemption.  Reliance upon an exemption

hereunder shall not excuse a failure to comply with this Section, unless the

area and time involved in the exemption relied on are approved in writing by

the Authority, by OSM, or by court order in a case in which the Authority or

OSM are parties.  Nothing in this Section shall excuse compliance with the more

stringent parts of 62 Ill. Adm. Code 300.110(d) or other applicable provisions

of the Illinois Act.  The subsequent granting of an exemption shall not

constitute a defense to an enforcement proceeding brought for prior failure to

meet the prime farmland requirements.

c)         Prime Farmlands

ich the Authority or

OSM are parties.  Nothing in this Section shall excuse compliance with the more

stringent parts of 62 Ill. Adm. Code 300.110(d) or other applicable provisions

of the Illinois Act.  The subsequent granting of an exemption shall not

constitute a defense to an enforcement proceeding brought for prior failure to

meet the prime farmland requirements.

c)         Prime Farmlands.  Prime farmlands are those lands defined in

30 CFR 716.7(b), that have been used for the production of cultivated crops,

including nurseries, orchards, and other specialty crops, and small grains, for

at least five years out of the twenty years preceding the date of determination

or, in the case of applications for new mining permits, the date of

application.  The date of determination shall, in the case of existing mines,

be August 3, 1977.

d)         Identification of Prime Farmland.  Existing operations not

exempt under this Paragraph (d) and all applicants for mining permits after

August 2, 1977, not exempt pursuant to Paragraph (b), must have on file with

the Authority soil surveys meeting the requirements of 30 CFR 716.7(c), except

as to areas for which an application for negative determination has been made

pursuant to 30 CFR 716.7(d).  All applicants hereunder shall submit soil surveys

required by 30 CFR 716.7(c) or apply for negative determination at the time of

application.

e)         Negative Determination.  The Authority shall make a negative

determination upon submittal of a demonstration that any of the situations

listed in 30 CFR 716.7(d) exists.

f)         Plan for Restoration.  All operations in areas not exempt

under Paragraph (b) must submit a plan for mining and reclamation of prime

farmland within the area under permit, or under a proposed permit, as the case

may be

tive Determination.  The Authority shall make a negative

determination upon submittal of a demonstration that any of the situations

listed in 30 CFR 716.7(d) exists.

f)         Plan for Restoration.  All operations in areas not exempt

under Paragraph (b) must submit a plan for mining and reclamation of prime

farmland within the area under permit, or under a proposed permit, as the case

may be.  The plan shall include the information required under 30 CFR 716.7(e),

and may include any additional information that the submitter believes will be

relevant and helpful to the making of a determination by the Authority under 30

CFR 716.7(f)(l)(i).  Prior to making its determination, the Authority will

consult with the Soil Conservation Service, pursuant 30 CFR 716.7(f)(2).  In

the case of applications covering areas of surface mines as to which no public

hearing has been held under Section 5(f) of the Illinois Act, the Authority

shall consult with and receive comments from the Interagency Review Committee

and local County Board under Section 17(f)(3) of the Illinois Act.  All

non-exempt existing mines must have the plan required under this subparagraph

currently on file with the Authority at the time of application for all other

mines.  Prime farmland determinations shall have priority over other

determination requests except emergency situations.  The Regulatory Authority

will make a finding within 45 days of receipt of a prime farmland determination

request unless for good cause the Authority finds that it must extend the time

for its finding.