OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 1 of 7

COALEX STATE COMPARISON REPORT - 343

July 1998

Walter E. Cartwright

State Program Division

Department of Industrial Relations

649 Monroe Street

Montgomery, Alabama 36130

TOPIC: PERMITTING OF NONCOAL SURFACE MINING OPERATIONS

INQUIRY: Alabama has been asked to consider a multi-year permit for noncoal surface

mining. We interested in determining how other state regulatory programs regulate

noncoal surface mining, in particular the length of the permits, renewal of permits and

amendments to permits to increase reclamation bond coverage.

SEARCH RESULTS: Fourteen IMCC member states responded to the telephone

survey on permit terms, renewals and bonding. Twelve of the responding states

followed up the survey with copies of their laws, rules and permit applications. A

summary of the telephone survey responses appears below. Copies of the states'

regulatory material are attached. Also enclosed statistics from the Survey the IMCC

conducted in 1997.

SURVEY RESULTS

ARKANSAS

1. PERMIT

TERM

2. PERMIT

RENEWAL

3. PERMIT

AMENDMENTS

4. BONDING

REQUIREMENTS

Noncoal

surface

mining

permits are

issued for 5

years.

Renewal

requires a

new

application.

Permits may be amended.

If the revision is minor, no

public notice is required; if

the revision is major, public

notice is required.

Bonding is based on the

reclamation plan. Fees

vary from $ 100 - $ 1000

per acre.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 2 of 7

ILLINOIS

1. PERMIT TERM 2. PERMIT RENEWAL 3. PERMIT AMENDMENTS &

4. BONDING

REQUIREMENTS

Noncoal surface

mining permits are

issued for 3 years.

There is a one time

permit fee of $ 100

per acre plus an

annual aggregate fee

consisting of: (1) $

300 operator fee; (2)

$ 100 site fee for

every site under a

permit; (3) $ 250

blasting fee for every

operation that blasts.

The three year period may be

extended one year, depending

on how much of the permitted

area has been affected (a

specific formula is applied).

After the 4th year, or if the

extension doesn't apply, the

area must be repermitted.

If the original permit is

amended to add acreage,

either a rider is added to the

original bond or a new bond is

written.

INDIANA

1. PERMIT TERM

Permits are issued annually for the 3 noncoal (clay/shale) surface mines in the state.

KENTUCKY

1. PERMIT TERM 2. PERMIT

RENEWAL

3. PERMIT

AMENDMENTS

4. BONDING

REQUIREMENTS

Noncoal surface

mining permits are

multi-year. They are

issued for 1-5 years.

There is a $ 25 per

year "renewal" fee.

When the

permit expires,

the permittee

must reclaim or

renew the

permit by

resubmitting an

application.

If the permit is

amended to add

acreage, the bond

also increases.

The amount of bonding

required depends on

the record of the

company applying for

the permit. Bonds are

not required across-theboard. A temporary

operation or a new

company with no

previous record will

require bonding. If

bonding is required, the

fees run $ 100 - $ 500

per acre.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 3 of 7

MARYLAND

1. PERMIT

TERM

2. PERMIT RENEWAL 3. PERMIT

AMENDMENTS

4. BONDING

REQUIREMENTS

Noncoal

surface mining

permits are

issued for 5

years. Annual

fees are $ 12

per acre with a

cap of $ 1000.

Permits are renewable

for additional 5 year

increments. The renewal

process includes

updating the original

permit application and

revising plans to reflect

current conditions.

There is a $ 100

modification fee to

modify the permit,

e.g., to add acreage.

Additional acreage

requires additional

bonding.

Bond requirements

are $ 1250 per

acre.

NEW YORK

1. PERMIT TERM & 2. PERMIT

RENEWAL

3. PERMIT

AMENDMENTS

4. BONDING

REQUIREMENTS

Noncoal surface mining permit

applications require information on

the life of the mine and the number of

acres that are intended to be mined.

The permits are issued on an annual

basis and are renewable for a

maximum of 5 years. There is no

application fee. There is an annual

regulatory fee, depending on the

amount of acreage affected. This fee

is based on a sliding scale of $ 700 -

$ 2000 and continues until the

permitted area is reclaimed.

Permits may be

modified by the state

regulatory authority or

the permittee may

request a modification.

If the acreage is

increased, the bond is

increased.

Bonds are assessed

at $ 2500 - $ 3000 per

acre and must be in

place before the

permit is issued.

OHIO

1. PERMIT TERM 2. PERMIT

RENEWAL

3. PERMIT

AMENDMENTS

4. BONDING

REQUIREMENTS

Noncoal surface

mining permits are

issued for 10

years. There is a $

250 filing fee.

Annual Reports

and an annual fee

of $ 250 are

required.

Permits may be

renewed for an

additional 10

years.

Amendments to add

acreage require a $

250 application fee.

Modifications, e.g.,

changes to the land

use plan which does

not add acreage, are

allowed.

Bonding requirements

are based on the

number of acres

affected.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 4 of 7

OKLAHOMA

A. mining operationNORTH CAROLINA

1. The Mining Act of 1971

2. North Carolina Administrative Code: Title 15 A; Chapter 5

3. Permit application

B. OHIO

1. Ohio Surface Mine Law

2. Ohio Surface Mine Rules

3. Permit application and other forms & Guidelines for completing the forms

C. OKLAHOMA

1. Outline of Permitting Requirements

2. Mining Lands Reclamation Act

3. Non-Coal Rules and Regulations

4. Permit application

D. PENNSYLVANIA

1. Pennsylvania Code: Title 25; Chapter 77

2. Pennsylvania Bulletin: Noncoal rules and regulations (1998)

3. Permit applications and other forms

E. SOUTH CAROLINA

1. South Carolina Mining Act

2. South Carolina Mining Act Regulations

3. Permit application and other forms

F. TEXAS

1. Uranium surface mining rules: Chapter 11; Subchapter C

G. VIRGINIA

1. Mineral Mine Safety Laws of Virginia (1977)

2. Mineral Mining Manual; Laws and Regulations

3. Permit application and other forms

H. WEST VIRGINIA

1. Laws and Regulations on Surface Mining & Reclamation of Minerals Other

Than Coal