Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 33 - Requirements for Permits for Special Categories of Mining › Section 460:20-33-4 - Mountaintop removal mining

Current through Vol. 41, No. 20, July 1, 2024
(a)
				This Section applies to any person who conducts or intends to conduct surface
				mining activities by mountaintop removal mining.
(b) Mountaintop removal mining means surface
				mining activities where the mining operation removes an entire coal seam or
				seams running through the upper fraction of a mountain, ridge, or hill, except
				as provided for in Section
				460:20-51-3(a)
				(6) of this Chapter, by removing substantially all of the overburden off the
				bench and creating a level plateau or a gently rolling contour, with no
				highwalls remaining, and capable of supporting postmining land uses in
				accordance with the requirements of this Section.
(c) The Department may issue a permit for
				mountaintop removal mining, without regard to the requirements of Sections
				460:20-43-38,
				460:20-43-39,
				460:20-43-40,
				and
				460:20-43-42
				of this Chapter to restore the lands disturbed by such mining to their
				approximate original contour, if it first finds, in writing, on the basis of a
				complete application, that the following requirements are met:
(1) The proposed postmining land use of the
				lands to be affected will be an industrial, commercial, agricultural,
				residential, or public facility (including recreational facilities) use and,
				if:
(A) After consultation with the
				appropriate land-use planning agencies, if any, the proposed land use is deemed
				by the Department to constitute an equal or better economic or public use of
				the affected land compared with the premining use;
(B) The applicant demonstrates compliance
				with the requirements for acceptable alternative postmining land uses of
				Subsections (a) through (c) of Section
				460:20-43-51
				of this Chapter;
(C) The applicant
				has presented specific plans for the proposed postmining land use and made
				appropriate assurance that such use will be:
(i) Compatible with adjacent land
				uses;
(ii) Obtainable according to
				data regarding expected need and market;
(iii) Assured of investment in necessary
				public facilities;
(iv) Supported
				by commitments from public agencies where appropriate;
(v) Practicable with respect to private
				financial capability for completion of the proposed use;
(vi) Planned pursuant to schedule attached to
				the reclamation plan so as to integrate the mining operation and reclamation
				with the postmining land use; and
(vii) Designed by a registered engineer in
				conformance with professional standards established to assure the stability,
				drainage, and configuration necessary for the intended use of the
				site.
(D) The proposed
				use would be compatible with adjacent land uses and existing State and local
				land use plans and programs; and
(E) The Department has provided, in writing,
				an opportunity of not more than 60 days to review and comment on such proposed
				use to the governing body of general purpose government in whose jurisdiction
				the land is located and any State or Federal agency which the Department, in
				its discretion, determines to have an interest in the proposed use.