reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.99 - Decision of the Administrative Law Judge, Procedure in Appeals Before the Committee, Extensions of Time, Public Hearings, and Judicial Review of the Committee Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Decision of the administrative law judge.
a. Decisions of the administrative law judge
				shall conform to the provisions of Iowa Code section
				17A.16(1).
b. A decision of the administrative law judge
				is a proposed decision pursuant to Iowa Code section
				17A.15(2).
c. An appeal to the committee may be
				initiated by the division or a party of record by filing with the
				administrator, and serving on all parties, a written statement captioned
				"Notice of Appeal to the State Soil Conservation and Water Quality Committee,"
				which shall also state the number of the notice or order involved in the
				hearing and the docket number assigned by the administrator to the contested
				case proceeding.
d. Appeal of the
				decision of the administrative law judge shall be made pursuant to Iowa Code
				section 17A. 15(3). If an application for a rehearing has been filed, appeal to
				the committee shall be made within 3 0 days after the issuance of a decision
				after rehearing, a decision denying a rehearing, or the date on which the
				rehearing is deemed denied pursuant to Iowa Code section
				17A.16(2).
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.10 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures and standards to be
				  followed by the division of soil conservation and water quality, Iowa
				  department of agriculture and land stewardship, in accordance with the policies
				  of the state soil conservation and water quality committee, to participate in
				  the federal abandoned mined land and reclamation program as established in the
				  Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, and Iowa
				  Code chapter 207.
These rules will also provide for the establishment of a
				  state abandoned mined land fund for use in conducting the Iowa abandoned mined
				  land reclamation program, and will also establish authority for the division to
				  request, receive and administer grant moneys for use in the
				  program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.11 - Rules or Subrules Are Severable

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of a rule or subrule or the application
				  thereof to any person or circumstance is held invalid, the invalidity does not
				  affect other provisions or applications of the rule or subrule which can be
				  given effect without invalid provision or application, and to this end the
				  provisions of these rules or subrules are severable.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.20 - Definition of Terms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
"Emergency"
means a sudden danger or impairment that presents
				a high probability of substantial physical harm to the health, safety or
				general welfare of people before the danger can be abated under normal program
				operation procedures.
(2)
"Extreme danger"
means a condition that could reasonably be
				expected to cause substantial physical harm to persons, property, or the
				environment and to which persons or improvements on real property are currently
				exposed.
(3)
"Reclamation
				activities "
means restoration, reclamation, abatement, control or
				prevention of adverse effects of mining.
(4)
"State reclamation program
				"
or
"program "
means a program established by the
				division in this chapter for reclamation of land and water adversely affected
				by past mining, including the reclamation plan and annual applications for
				grants under the plan.
(5)
"State abandoned mined land fund"
or
"fund"
means a separate fund established by the division for the purpose of accounting
				for moneys granted by the director of the office of surface mining reclamation
				and enforcement (OSM) under an approved state reclamation program and other
				moneys authorized by these rules to be deposited in the fund.
(6)
"Left or abandoned in either an
				unreclaimed or inadequately reclaimed condition "
means land and
				water:
a. Where all mining processes ceased
				and no current permit for continuing operations existed as of August 3, 1977,
				or, if a permit did exist on that date, but all mining processes had ceased, it
				has since lapsed and has not been renewed or superseded by a new permit as of
				the date of the request for reclamation assistance; and
b. Which continue in their present condition,
				to substantially degrade the quality of the environment, prevent or damage the
				beneficial use of the land or water resources, or endanger the health or safety
				of the public.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.30 - State Abandoned Mined Land Fund

Current through Register Vol. 47, No. 3, July 24, 2024
Revenue to the fund shall include:
(1) Amounts granted to the state by OSM for
				purpose of conducting the Iowa reclamation plan.
(2) Moneys collected by the state from
				charges for uses of land acquired or reclaimed with moneys from the
				fund.
(3) Moneys recovered by the
				state through the satisfaction of liens filed against privately owned lands
				reclaimed with moneys from the fund.
(4) Moneys recovered by the state from the
				sale of lands acquired with moneys from the fund.
(5) Such other moneys as the state decides
				should be deposited in the fund for use in carrying out the Iowa abandoned
				mined land program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.40 - Eligible Lands and Water

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Coal
				mined lands and associated waters are eligible for reclamation activities if:
a. They were mined or affected by mining
				processes;
b. They were mined prior
				to August 3, 1977, and left or abandoned in either an unreclaimed or
				inadequately reclaimed condition; and
c. There is no continuing responsibility for
				reclamation by the operator, permittee or agent of the permittee under statutes
				of the state or federal government, or the state as a result of bond
				forfeiture. Bond forfeiture will render lands or water ineligible only if the
				amount forfeited is sufficient to pay the total cost of the necessary
				reclamation.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.50 - Reclamation Objectives and Priorities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Reclamation projects shall reflect the
				priorities set out in Section 403 of Public Law 95-87 (
				30 U.S.C. 1233
				) and should be accomplished in accordance with OSM's "Final Guidelines for
				Reclamation Programs and Projects" (45 FR 14810-14819, March 6,
				1980).
(2) Reclamation of eligible
				noncoal mined lands and waters shall comply with the provisions of Section 409
				of Public Law 95-87 (
				30 U.S.C.
				1239) .
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.60 - Reclamation Project Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
Proposed reclamation projects and completed reclamation work
				  shall be evaluated in terms of the factors stated in this rule. The factors
				  shall be used to determine whether or not proposed reclamation will be
				  undertaken and to assign priorities to proposals intended to meet the same
				  objective as 50.50(207). Completed reclamation shall be evaluated in terms of
				  the factors set forth below as a means of identifying conditions which should
				  be avoided, corrected, or improved in plans for future reclamation work. The
				  factors shall include:
(1) The need
				for reclamation work to accomplish one or more specific reclamation
				objectives.
(2) The availability of
				technology to accomplish the reclamation work with reasonable assurance of
				success. In the case of research and demonstration projects, the research
				capability and plans shall provide reasonable assurance of beneficial results
				without residual adverse impacts.
(3) The specific benefits of reclamation
				which are desirable in the area in which the work will be carried out. Benefits
				to be considered include but are not limited to:
a. Protection of human life, health, or
				safety.
b. Protection of the
				environment, including air and water quality, abatement of erosion
				sedimentation, fish, wildlife, and plant habitat, visual beauty, historic or
				cultural resources and recreation resources.
c. Protection of public or private
				property.
d. Abatement of adverse
				social and economic impacts of past mining on persons or property including
				employment, income, and land values or uses, or assistance to persons disabled,
				displaced or dislocated by past mining practices.
e. Improvement of environmental conditions
				which may be considered to generally enhance the quality of human
				life.
f. Improvement of the use of
				natural resources, including postreclamation land uses which:
1. Increase the productive capability of the
				land to be reclaimed.
2. Enhance
				the use of surrounding lands consistent with existing land use plans.
3. Provide for construction or enhancement of
				public facilities.
4. Provide for
				residential, commercial, or industrial developments consistent with the needs
				and plans of the community in which the site is located.
g. Demonstration to the public and industry
				of methods and technologies which can be used to reclaim areas disturbed by
				mining.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.70 - Consent to Entry

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall take all reasonable actions to obtain
				  written consent from the owner of record of the land or property to be entered
				  in advance of such entry. The consent shall be in the form of a signed
				  statement by the owner of record or their authorized agent which, as a minimum,
				  includes a legal description of the land to be entered, the projected nature of
				  work to be performed on the lands and any special conditions for entry. This
				  statement shall not include any commitment by the division to perform
				  reclamation work nor to compensate the owner for entry.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.80 - Entry for Studies or Exploration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division or its agents, employees, or
				contractors, shall have the right to enter upon any property for the purpose of
				conducting studies or exploratory work to determine the existence of adverse
				effects of past coal mining practices and the feasibility of restoration,
				reclamation, abatement, control, or prevention of such adverse
				effects.
(2) If the owner of the
				land to be entered under this section will not provide consent to entry, the
				division shall give notice in writing to the owner of its intent to enter for
				purposes of study and exploration to determine the existence of adverse effects
				of past coal mining practices which may be harmful to the public health,
				safety, or general welfare. The notice shall be by mail, return receipt
				requested, to the owner, if known, and shall include a statement of the reasons
				why entry is believed necessary. If the owner is not known, or the current
				mailing address of the owner is not known, or the owner is not readily
				available, the notice shall be posted in one or more places on the property to
				be entered where it is readily visible to the public and advertised once in a
				newspaper of general circulation in the locality in which the land is located.
				Notice shall be given at least 30 days before entry.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.90 - Entry and Consent to Reclaim

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The division or its agents, employees, or contractors, may enter upon land to
				perform reclamation activities if the consent of the owner cannot be
				obtained.
(2) Prior to entry under
				this rule, the division shall find in writing with support reasons that:
a. Land or water resources have been
				adversely affected by past coal mining practices;
b. The adverse effects have advanced, so that
				in the interest of the public health, safety, or the general welfare, action to
				restore, reclaim, abate, control or prevent should be taken; and
c. The owner of the land or water resources
				where entry must be made to restore, reclaim, abate, control, or prevent the
				adverse effects of past coal mining practices is not known or readily
				available; or
d. The owner will not
				give permission for the division, its agents, employees, or contractors to
				enter upon such property to restore, reclaim, abate, control, or prevent the
				adverse effects of past coal mining practices.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.100 - Land Eligible for Acquisition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Land adversely affected by past coal mining practices may be acquired with
				moneys from the fund if approved in advance by OSM. OSM will determine if:
a. The acquired land will serve recreation,
				historic, conservation, or reclamation purposes, or provide open space benefits
				after restoration, reclamation, abatement, control, or prevention of the
				adverse effects of past coal mining practices; or
b. Permanent facilities such as a mine
				drainage treatment plant or a relocated stream channel will be constructed on
				the land for the restoration, reclamation, abatement, control, or prevention of
				the adverse effects of past coal mining practices.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.110 - Procedures for Acquisition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				appraisal of the fair market value of all land or interest in land to be
				acquired shall be obtained from a professional appraiser. The appraisal shall
				state the fair market value of the land as adversely affected by past mining
				and shall otherwise conform to the requirements of the handbook on "Uniform
				Appraisal Standards for Federal Land Acquisitions" (Interagency Land
				Acquisition Conference, 1973).
(2)
				When practical, acquisition shall be by purchase from a willing seller. The
				amount paid for interests acquired shall reflect the fair market value of the
				interests as adversely affected by past mining.
(3) When necessary, land or interests in land
				may be acquired by condemnation. Condemnation procedures shall not be started
				until all reasonable efforts have been made to purchase the land or interests
				in lands from a willing seller.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.120 - Acceptance of Gifts of Land

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				division may accept donations of title to land or interest in land that is
				necessary for reclamation activities. A donation shall not be accepted if the
				terms or conditions of acceptance are inconsistent with the objectives or
				requirements of the program.
(2)
				Offers to make a gift of the land or interests in land shall be in writing and
				shall include:
a. A statement of the interest
				which is being offered.
b. A legal
				description of the land and a description of any improvements on it.
c. A description of any limitations on the
				title or conditions as to the use or disposition of the land existing or to be
				imposed by the donor.
d. A
				statement that:
1. The donor is the record
				owner of interest being offered.
2.
				The interest offered is free and clear of all encumbrances except as clearly
				stated in the offer.
3. There are
				no adverse claims against the interest offered.
4. There are not unredeemed tax deeds
				outstanding against the interest offered.
5. There is no continuing responsibility by
				the operator under state or federal statutory law for reclamation.
e. An itemization of any unpaid
				taxes or assessments levied, assessed or due which could operate as a lien on
				the interest offered.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.130 - Management of Acquired Lands

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Land acquired under this rule may be used pending disposition under rule
				50.140(207) for any lawful purpose that is not inconsistent with the
				reclamation activities and postreclamation uses for which it was
				acquired.
(2) Any user of land
				acquired under this part shall be charged a use fee. The fee shall be
				determined on the basis of the fair market value of the benefits granted to the
				user, charges for comparable uses within the surrounding area, or the cost to
				the state for providing the benefit, whichever is appropriate. The division may
				waive the fee if found in writing that such a waiver is in the public
				interest.
(3) All use fees
				collected shall be deposited in the state abandoned mined land fund, unless
				previously appropriated or otherwise authorized by the general assembly, for
				the specific purpose of operating and maintaining improvement of the
				land.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.140 - Disposition of Reclaimed Lands

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Prior to disposition of any acquired land, the division shall publish a notice
				which describes the proposed disposition of the land in a newspaper of general
				circulation in the area where the land is located for a minimum of four
				successive weeks. The notice shall provide at least 30 days for public comment
				and state where copies of plans for disposition of the land may be obtained or
				reviewed and the address to which comments on the plans should be submitted.
				The notice shall also state that a public hearing will be held if requested by
				a person.
(2) The division may
				transfer administrative responsibility for land acquired under this part to any
				agency or political subdivision of the state with or without cost to that
				agency. The agreement, including amendments, under which a transfer is made
				shall specify:
a. The purposes for which the
				land may be used consistent with the authorization under which the land was
				acquired; and
b. That the
				administrative responsibility for the land will revert to the division if, at
				any time in the future, the land is not used for the purposes
				specified.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.150 - Operations on Private Land

Current through Register Vol. 47, No. 3, July 24, 2024
Reclamation activities may be carried out on private land if
				  a consent to enter is obtained or if entry is required and
				  made.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.160 - Appraisals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A notarized
				appraisal of the fair market value of private land to be reclaimed shall be
				obtained from an independent professional appraiser, with exceptions as noted
				in 50.160(4). Such appraisal shall meet the quality of appraisal practices
				found in the handbook on "Uniform Appraisal Standards for Federal Land
				Acquisitions" (Interagency Land Acquisition Conference, 1973). The appraisal
				shall be obtained before any reclamation activities are started, unless the
				work must start without delay to abate an emergency. Where an emergency exists,
				the appraisal shall be completed at the earliest practical time and before
				related nonemergency work is commenced. The appraisal shall state the fair
				market value of the land as adversely affected by past mining.
(2) An appraisal of the fair market value of
				all land reclaimed shall be obtained after all reclamation activities have been
				completed. The appraisal shall be obtained in accordance with 50.160(1) and
				shall state the market value of the land reclaimed.
(3) The landowner shall receive a statement
				of the increase in market value, an itemized statement of reclamation expenses
				and notice that a lien will or will not be filed against the
				property.
(4) Appraisals for
				privately owned land which fall under subrule 50.170(1) shall be obtained from
				an independent professional appraiser.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.170 - Liens

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division
				shall place a lien against land reclaimed if the reclamation results in an
				increase in the fair market value based on the pre- and postreclamation
				appraisals.
a. A lien shall not be placed
				against the property of a surface owner who acquired title prior to May 2,
				1977, and who did not consent to, participate in, or exercise control over the
				mining operations which necessitated the reclamation work.
b. The division may waive the lien if the
				cost of filing it, including indirect costs, exceeds the increase in fair
				market value as a result of reclamation activities.
c. The lien may be waived if the reclamation
				work performed on private land primarily benefits health, safety or
				environmental values of the greater community or area in which the land is
				located, or if reclamation is necessitated by an unforeseen occurrence and the
				work performed to restore that land will not result in a significant increase
				in the market value of the land as it existed immediately before the
				occurrence.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.180 - Satisfaction of Liens

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A lien
				placed on private property shall be satisfied to the extent of the value of the
				consideration received at the time of transfer of ownership. Any unsatisfied
				portion shall remain as a lien on the property and shall be satisfied in
				accordance with this paragraph. Testate and intestate transfers are excluded
				from this rule if the entire parcel of land subject to the lien is transferred
				and the transferee is related to the transferor within the second degree of
				consanguinity or affinity.
(2) The
				department shall maintain or renew liens from time to time as may be
				required.
(3) Moneys derived from
				the satisfaction of liens established under this part shall be deposited in the
				state abandoned mined land fund.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 50 - Iowa Abandoned Mined Land Reclamation Program › Rule 27-50.190 - Abandoned Mined Land (AML) Program Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Availability of forms.
Copies of forms utilized in the AML program are available at the following
				address: Division of Soil Conservation, Iowa Department of Agriculture and Land
				Stewardship, Wallace State Office Building, Des Moines, Iowa 50319.
(2)
Bidding forms for construction
				projects.
Form number
Description
AML-001
Proposal.
This form is used to document
						  bid proposals from potential contractors for conducting reclamation work on
						  abandoned mined lands. The form also includes a noncollusion affidavit. 2
						  pages.
AML-002
Proposal Guarantee Bond.
This form
						  identifies the bidder and the surety, lists the amount of the bid guarantee
						  bond and provides for notarization of the signatures of the bound parties. 1
						  page.
AML-003
Nondiscrimination Clause.
This form is
						  used to document that the contractor is morally and legally committed to
						  nondiscrimination in employment. 1 page.
AML-004
Minority and Women Business Enterprise
						  Solicitation Reporting Form.
This form is used to document the
						  contractor's solicitation of subcontract or subsubcontract bids from minority
						  or women business enterprises. 1 page.
AML-005
Certificate of Nonsegregated
						  Facilities.
This form is used to certify that the construction
						  contractor does not maintain or provide employees any segregated facilities at
						  any of contractor's establishments. 1 page.
AML-006
Contract.
This form documents the
						  agreement between the contractor and the division for the fulfillment of work
						  in accordance with performance set forth and the payment therefor in accordance
						  with the agreed-upon price. 2 pages.
AML-007
Performance Bond.
This form identifies
						  the contractor and the surety and binds them to the state of Iowa performing
						  the contract in accordance with the plans, specifications, and contract
						  documents. The form lists the amount of the bond and provides for notarization
						  of the signatures of the contractor and surety. 2 pages.
This rule is intended to implement Iowa Code section
				  207.21.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.10 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures and standards to be
				  followed by the division of soil conservation and water quality, Iowa
				  department of agriculture and land stewardship, in accordance with the policies
				  of the state soil conservation and water quality committee, in implementing the
				  requirements of Iowa Code chapter 208 to ensure reclamation upon completion of
				  mining operations for gypsum, clay, stone, sand, gravel, and other ores or
				  mineral solids, except coal.
Information and forms can be obtained on the department's Web
				  site or by contacting: Mines and Minerals Bureau, Division of Soil Conservation
				  and Water Quality, Wallace State Office Building, Des Moines, Iowa 50319.
				  Telephone: (515)242-5003 or (515)281-4246.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.11 - Rules or Subrules Are Severable

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of a rule or subrule or the application
				  thereof to any person or circumstance is held invalid, the invalidity does not
				  affect other provisions or applications of the rule or subrule which can be
				  given effect without the invalid provision or application, and to this end the
				  provisions of these rules or subrules are severable.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.20 - License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for mining license.
All operators wanting to mine
				minerals in Iowa shall apply for a mining license. The application shall be
				complete only if submitted on the form supplied by the division, signed by the
				operator or an authorized representative, and accompanied by a license
				application fee.
(2)
Fees.
Licensing and license renewal fees are established by
				Iowa Code section
				208.7
				at $50 for an initial license and $20 for a license renewal.
(3)
License term and
				expiration.
A license shall be maintained by the operator until all
				sites have been properly reclaimed or transferred to another licensed operator.
The initial license shall expire on December 31 of the year
				  in which the license was obtained. A license for renewal shall expire on
				  December 31 of the second year in which the license was issued. Any
				  applications for renewal received within 30 days of the expiration date shall
				  be accepted as renewals for the previous license. New licenses obtained after
				  November 1 shall remain valid for a period to include the next calendar year or
				  years.
(4)
License
				renewal.
Any operator who fails to renew the mining license within the
				30-day period following the expiration deadline established in subrule 60.20(3)
				will be required to apply for an initial license. Failure to renew a license
				within 30 days after official notice will invalidate all
				registrations.
(5)
Valid
				license.
A license to mine is valid only if approved by the division
				and acknowledged by a license certificate which has been signed by the
				administrator and lists the operator and the assigned license number.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.30 - Registration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration required.
All mine sites shall be registered at
				least seven days prior to the beginning of mining or the removal of overburden.
				Exploration activities are exempt from registration requirements unless they
				affect more than 10,000 square feet of surface area.
(2)
Application fee.
The
				registration application fee shall be $50 per site.
(3)
Application for
				registration.
An application for registration shall be acceptable only
				if completed on the form provided by the division and signed by the operator or
				an authorized representative and accompanied by a bond or bond increase, a map
				of the area to be mined, and the registration fee. The completed registration
				application, registration fee, map, and the bond or bond increase shall be
				received at least seven days prior to the removal of overburden.
(4)
Valid registration. A
registration is valid only if approved by the division and acknowledged by a
				registration certificate signed by the division administrator, listing site
				name, location, and operator to which the site is registered.
Failure to fulfill the requirements of this rule or chapter
				  may result in the invalidation of a site registration following notification to
				  the operator by the division.
The division may request additional information or materials
				  to further distinguish a site from other sites.
A single registration shall consist of contiguous describable
				  tracts of land which can be enclosed by a single unbroken boundary line and
				  including only that property upon which the operator has a legal right to
				  conduct mining.
(5)
Registration conflicts.
If more than one operator is
				extracting minerals from a given contiguous site within the same time frame,
				then each operator shall file with the division a statement signed by the
				operator, including a map defining the scope of operations and bond
				responsibility of each operator in regard to the final reclamation of the
				site.
(6)
Registration
				information.
It shall be the responsibility of the operator to ensure
				that all information in connection with the application for registration and
				the registration certificate is correct.
(7)
Registration exclusion.
No site or portion thereof will be released by exclusion from registration
				under subrules 60.30(1) to 60.30(6).
(8)
Sign.
Any signs required
				by other governmental bodies may be used to comply with Iowa Code section
				208.9(2)
				 provided that the sign is posted at the main
				entrance of the site or at the scale house, if the scale house is visible from
				the nearest roadway, and includes the operator's name, telephone number, and
				the site registration number.
(9)
Duration of registration. A
valid registration shall be
				maintained by the operator until approval for release has been granted by the
				division.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.31 - Registration Renewal and Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration renewal.
All site registrations shall expire on
				December 31 of the second year. Registrations shall be renewed by the division
				upon submittal of renewal fee by the operator within 30 days of the expiration
				date.
(2)
Notice of
				registration renewal and fee.
All registrations shall be renewed by
				the operator upon receipt of a fee statement from the division.
The registration renewal fee shall be $70 per site.
(3)
Changes in a
				registration.
If, in the course of operation, any changes in the
				description, size or boundaries of a site become necessary the licensee shall
				be required to file a new registration application in accordance with rule
				27-60.30
				(208).
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.40 - Bonding

Current through Register Vol. 47, No. 3, July 24, 2024
Bond is required by these rules and by Iowa Code chapter 208
				  to ensure that all applicable mineral operations are properly reclaimed.
				  Failure on the part of an operator to accomplish required reclamation may
				  result in forfeiture of the bond by the division.
(1)
Bonding requirements.
Each registration application shall be accompanied by a bond or a bond
				endorsement increasing an already existing bond. The bond or bond increase
				shall be equal to the amount set forth by a representative of the division or,
				if no amount is stipulated, the minimum set forth in subrule
				60.40(6).
(2)
Bond
				form.
All surety bonds shall be written on the form provided and
				approved by the division. In lieu of a surety bond, the operator may deposit
				cash or certificates of deposit with the division on the same conditions as
				prescribed by Iowa Code section
				208.23.
(3)
Surety bond.
A surety
				bond shall be written by a company authorized to do business in Iowa and shall
				be made on a form provided by the division. A surety bond shall be signed by
				the operator or an authorized representative of the operator as well as a
				representative of the surety.
The surety bond shall be written to cover all acres affected
				  by the mining process pursuant to Iowa Code chapter 208. An attachment shall be
				  included as part of the bond document which lists the sites by name and
				  location (county, township, range, section, and legal description). This
				  attachment shall be signed by representatives of the surety and the
				  principal.
(4)
Certificates of deposit.
Certificates of deposit posted as
				bond shall be made payable to the State of Iowa, Division of Soil Conservation
				and Water Quality AND (Operator). All interest earned shall be paid to the
				operator.
(5)
Cash.
Cash deposited as bond does not pay interest to the
				operator.
(6)
Minimum
				bond.
The minimum required bond on each site shall be the greater of
				$2,000 per site or $500 per affected acre on the site.
Actual bond shall be based on factors including, but not
				  limited to, size of the site, thickness of overburden, type of mineral
				  extracted, type of mining process, and stockpiling procedures for topsoil,
				  overburden and product.
(7)
Interest-bearing account.
Penalties, interest, bond reversions
				and bond forfeitures collected under the provisions of Iowa Code chapter 208 or
				these rules shall be deposited in an interest-bearing account and may be used
				for the cost and administrative expense of reclamation or rehabilitation
				activities for any mine site as deemed necessary and appropriate by the
				division.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.41 - Bond Release

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Release of bond.
No bond shall be released unless the bonded
				area has met reclamation requirements of Iowa Code section
				208.17,
				a replacement bond has been filed, or the site has been registered by another
				licensed operator who agrees, in writing, to complete all remaining required
				reclamation and has a valid registration for the site(s) in question.
(2)
Bond release request.
When a bond needs to be decreased, replaced, or is no longer needed, a Request
				for Bond Release form shall be filed by the operator, a registered agent, or an
				authorized representative. One Request for Bond Release form shall be filed for
				each bond.
(3)
Return of
				bond.
Upon release of a certificate of deposit or cash posted as bond,
				the certificate of deposit or cash payment shall be returned to the operator.
Upon the release of a surety bond, the original bond shall be
				  returned to the surety company and the operator shall be notified of the action
				  by the mailing of a courtesy copy.
(4)
Reverting of cash bond.
If the operator fails to request a release of cash bond after termination or
				expiration of a mining license, cash bond funds held shall revert to an
				interest-bearing account maintained by the division, provided a period of at
				least five years has elapsed since the license expiration. These funds may be
				used for the cost and administrative expenses of reclamation or rehabilitation
				activities for any mine site as deemed necessary and appropriate by the
				division.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.50 - Transfers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration transfer request.
If control of a registered site
				is acquired by an operator other than the operator holding authorization to
				conduct surface mining on the site, then both operators shall fill out the
				required portions of a Transfer Application form. The completed form shall then
				be filed with the division within 30 days of the actual transfer and prior to
				the start of any work by the new operator.
(2)
Transfer information.
In
				addition to the Transfer Application form, the new operator shall file a
				Registration Application form in accordance with rule
				27-60.30 (208). A
				Request for Bond Release may be filed by the original operator in accordance
				with rule
				27-60.41
				(208).
(3)
Transfer
				action.
No action shall be taken in relation to bond releases for the
				original operator or registration of the new operator regarding the site in
				question until the transfer request has been filed with the division and
				approved.
(4)
Other
				agreements. A
transfer request does not prevent the new operator from
				making any agreement with the previous operator or any other party dealing with
				reclamation or mining of the site.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.60 - Registration Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reclamation approval request.
Upon completion of reclamation
				activities on a mine site or any part thereof, the operator may file a
				Reclamation Approval Request with the division. The form shall be completed and
				signed by the operator.
(2)
Inspection for approval.
Upon receiving a request the division
				shall, within 12 months, visit the site in question and shall respond, in
				writing, to the operator indicating either the approval or disapproval of the
				site condition.
(3)
Approval denied.
If the site condition is not approved, the
				division shall notify the operator, in writing, and explain the reason for the
				disapproval. The operator shall then complete the reclamation specified by the
				division and reapply for approval.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.65 - Enforcement Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of violation.
Notice to an operator of violations of
				these rules or Iowa Code chapter 208 shall include:
a. A description of the violation, including
				a citation of the rule or statute violated,
b. A description of the action required to
				abate the violation, and
c. A
				deadline for abatement.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.70 - Annual Mining Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Annual reports
-
surface operations.
Annual
				reports shall be filed for each site on the form provided by the division.
				These reports may include, but shall not be limited to, information concerning
				the location of the mine site, types of material mined, thickness and types of
				overburden materials, area of land disturbed during the report year, area of
				land reclaimed during the report year, as well as any other pertinent
				information concerning the mining operation and deemed necessary by the
				division.
(2)
Underground
				mine maps.
The state geologist shall provide the division with copies
				of each map and map extension received pursuant to Iowa Code section
				456.11.
(3)
Filing
				date.
Reports shall be filed by January 31 for the previous year.
				Reports not received within 30 days after the specified date shall invalidate
				the registration of a site.
(4)
Final report.
Upon conclusion of mining at any site the
				operator shall file a mining report indicating that all mining activity is
				completed. This report shall be filed regardless of any other reports filed in
				connection with subrule 60.70(3).
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 60 - Minerals Program › Rule 27-60.75 - General Mining Activities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Topsoil and overburden stockpiles.
Topsoil shall not be buried
				or mixed with nontopsoil materials. All stockpiles (topsoil and overburden)
				shall be seeded and stabilized if they are to remain in place for a period of
				time in excess of 12 months.
(2)
Erosion control.
Affected areas which will not be disturbed by
				future operations shall be graded, disked, mulched, fertilized, and seeded as
				necessary within a period of nine months to attain substantial and appropriate
				grass, legume, shrub, tree, crop, or other acceptable species and to ensure
				viable erosion control.
(3)
Setback.
a. A minimum
				excavation setback distance of 25 feet shall be maintained from all registered
				site boundaries to protect the adjacent property from erosion or damage which
				might result from mining activities.
b. In areas where excavation depth exceeds 25
				feet, a minimum excavation setback distance of at least 50 feet shall be
				maintained from registered site boundaries.
c. A minimum excavation setback distance of
				50 feet shall be maintained from all buildings, dwellings, public right-of-way
				boundaries and other man-made structures not associated with the mining
				operation.
d. Excavation on a
				registered site found to be closer than the allowable minimum setback shall be
				in violation of this subrule. The operator shall be required to backfill, slope
				and stabilize to the required limits.
e. The requirements of this subrule shall not
				apply to registered operations where mining has exceeded the setback limitation
				as of January 1, 1991, provided that the operator has filed adequate
				documentation as of July 1, 1991, detailing the area being grandfathered into
				these requirements.
The operator shall be responsible for maintaining a permanent
				  record of all documentation once approved by the division.
f. The division may grant a variance from
				this subrule, provided the operator submits a complete application that meets
				the requirements of rule
				27-60.85
				(208) at least 60 days prior to the proposed starting date of any mining within
				the setback limitations.