Section 300.50 Permit Application Requirements

Section 300

Section 300.50  Permit

Application Requirements

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 reclama

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

ten

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

e 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.