49-607. Same; registration of mining site, when; application, contents; fees; signing of site; unlawful acts.
49-607
49-607. Same; registration of mining site, when; application, contents;fees; signing of site; unlawful acts.(a) At least 30 calendar days before commencement of mining orremovalof overburden at a surface mining site not previously registered, an operatorengaged in surface mining in this state shall register the site with thedirector. Application for registration shall be made upon a form provided bythe director. All site registrations shall expire one year from the date ofissuance.Application for renewal of registration shall be on a form provided by thedirector.The application shall include:
(1) A description of the tract or tracts of land where the site is locatedand the estimated number of acres at the site to be affected by surfacemining;
(2) if the application is for original registration, a reclamation plandetailing the postmining land use, how the finalreclamation will be achieved and illustrating the proposed final topography;
(3) if the application is for renewal and changes have been made in thereclamationplan last filed, an updated reclamation plan;
(4) if the application is for renewal and no changes have been made in thereclamation plan last filed, a statement of that fact;
(5) the description shall include the section, township, range and county inwhich the land is located and shall otherwise describe the land with sufficientcertainty to determine the location and to distinguish the land to beregistered from other lands;
(6) a statement explaining the authority of the applicant's legal right tooperate a mine on the land; and
(7) proof of compliance with all applicable zoning codes or rules andregulationsand all applicable local, state and federal permits, except those contingentupon registration under the provisions of this act.
(b) Theapplication shall be accompanied by the application fee and the registrationorrenewal fee established by the director under K.S.A. 49-623.
(c) A mine site registered pursuant to this section or K.S.A. 49-616 shallhave, at the primary entrance to the mine site, a clearly visible sign whichsets forth the name, business address and phone number of the operator. Failure to post and maintain a sign as required by this subsection, within 30days after notice from the director, invalidates the registration.
(d) A person who falsifies information required to be submitted under thissection shall be guilty of a class A nonperson misdemeanor.
History: L. 1994, ch. 197, § 7; July 1.