207.4 - MINE SITE PERMIT.
207.4 MINE SITE PERMIT.
1. Prior to beginning mining or removal of overburden at mining
site, an operator shall obtain a permit from the division for the
site. Application for a permit shall be made upon a form provided by
the division. The permit fee shall be established by the division in
an amount not to exceed the cost of administering the permit
provisions of this chapter.
The application shall include, but not be limited to:
a. A legal description of the land where the site is located
and the estimated number of acres affected.
b. A statement explaining the authority of the applicant's
legal right to operate a mine on the land.
c. A reclamation plan meeting the requirements of this
chapter.
d. A determination by an appropriate state or federal agency
of the probable hydrologic consequences of the mining and reclamation
operations, both on and off the mine site, with respect to the
hydrologic regime, quantity, and quality of water in surface and
groundwater systems including the dissolved and suspended solids
under seasonal flow conditions and the collection of sufficient data
for the mine site and surrounding areas so that an assessment can be
made by the division of the probable cumulative impacts of all
anticipated mining in the area upon the hydrology of the area and
particularly upon water availability. If the division finds that the
probable total annual production at all locations of a coal mining
operator will not exceed one hundred thousand tons, the determination
of probable hydrologic consequences and a statement of the result of
test borings on core samplings which the division may require shall
upon the written request of the operator be performed by a qualified
public or private laboratory designated by the division and the cost
of the preparation of the determination and statement shall be
assumed by the division.
2. All permits issued pursuant to the requirements of this
chapter shall be issued for a term not to exceed five years. If the
applicant demonstrates that a specified longer term is reasonably
needed to allow the applicant to obtain necessary financing for
equipment and the opening of the operation and if the application is
full and complete for the longer term, the division may grant a
permit for the longer term. A successor in interest to a permittee
who applies for a new permit within thirty days of succeeding to the
interest and is able to continue the bond coverage may continue coal
mining and reclamation operations according to the approved mining
and reclamation plan of the original permittee until the successor's
application is granted or denied.
3. A permit terminates if the permittee has not commenced the
coal mining operations covered by the permit within three years of
its issuance. However, the division may grant reasonable extensions
of time upon a showing that the extensions are necessary because of
litigation precluding the commencement or threatening substantial
economic loss to the permittee or because of conditions beyond the
control and without the fault or negligence of the permittee. If a
coal lease is issued under the federal Mineral Leasing Act, as
amended, extensions of time may not extend beyond the period allowed
for diligent development in accordance with section 7 of that Act.
If coal is to be mined for use in a synthetic fuel facility or
specific major electric generating facility, the permittee is deemed
to have commenced mining operations when the construction of the
synthetic fuel or generating facility is initiated.
4. A valid permit carries the right of successive renewal upon
expiration within the boundaries of the existing permit. On
application for renewal the burden shall be on the opponents of
approval. Upon application the renewal shall be issued unless the
division establishes any of the following:
a. The terms and conditions of the existing permit are not
being satisfactorily met.
b. The present coal mining and reclamation operation is not
in compliance with the environmental protection standards of this
chapter.
c. The renewal requested substantially jeopardizes the
operator's continuing responsibility on existing permit areas.
d. The operator has not shown that the performance bond for
the operation and any additional bond the division may require will
continue in full force and effect for the renewal requested.
e. Additional revised or updated information required by the
division has not been provided.
5. A permit renewal shall be for a term not to exceed the period
of the original permit.
Application for renewal shall be made at least one hundred twenty
days prior to the expiration of the permit. Prior to the approval of
a renewal of permit the division shall provide notice to the
appropriate public authorities. Section History: Early Form
[C81, § 83.4] Section History: Recent Form
C93, § 207.4
Mine site permit fee set at fifteen dollars per site acre; 88
Acts, ch 1272, §4