reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 3 - Regulatory Program › Section 460:10-3-6 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
Chapter 10 requirements shall be effective and shall apply to
				  each non-coal surface mining and reclamation operation which is required to
				  obtain a permit under 45 O.S. (1981), Section 721 et seq., and this Chapter, on
				  the earliest date upon which the Title 45 of the Oklahoma Statutes and This
				  Chapter requires a permit to be obtained.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 5 - Exemption for Non-Coal Minerals Extraction Incident to Government-Financed Highway or Other Construction › Section 460:10-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) This Subchapter
				establishes the procedures for determining those non-coal surface mining and
				reclamation operations which are exempt from 45 O.S. (1981), Section 721 et
				seq., and this Chapter because the extraction of non-coal minerals is an
				incidental part of Federal, State, or local government-financed highway or
				other construction.
(b) This
				Subchapter exempts the extraction of non-coal minerals which is incidental to
				government-financed construction from the requirements of 45 O.S. (1981),
				Section 721 et seq., and this Chapter, if that extraction meets specified
				criteria which ensures that the construction is government-financed and that
				the extraction of non-coal Minerals is incidental to it.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 5 - Exemption for Non-Coal Minerals Extraction Incident to Government-Financed Highway or Other Construction › Section 460:10-5-2 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				of Mines is responsible for enforcing the requirements of this
				Subchapter.
(b) Any person
				conducting non-coal minerals extraction as an incidental part of government
				financed construction is responsible for possessing, on the site of the
				extraction operations, the documentation required by Section
				460:10-5-5.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 5 - Exemption for Non-Coal Minerals Extraction Incident to Government-Financed Highway or Other Construction › Section 460:10-5-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following works or terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Extraction of non-coal minerals as an incidental
				  part"
means the extraction of non-minerals which is necessary to enable
				  the construction to be accomplished. For purposes of this Subchapter only,
				  those non-coal minerals extracted from within the right-of-way, in the case of
				  a road, railroad, utility line or other such construction, or within the
				  boundaries of the area directly affected by other types of government-financed
				  construction, may be considered incidental to that construction. Extraction of
				  non-coal minerals outside the right-of-way or boundary of the area directly
				  affected by the construction shall be subject to the requirements of Title 45
				  O.S. Section 723(f) and this Chapter.
"Government-financing agency"
means a Federal,
				  State, County, Municipal or local unit of government, or a department, bureau,
				  agency of office of the unit which, directly or through another unit of
				  government, finances construction.
"Government-finances construction"
means
				  construction funded 50 percent or more by funds appropriated from a government
				  financing agency's budget or obtained from general revenue bonds, but shall not
				  mean government financing agency guarantees, insurance, loans, funds obtained
				  through industrial revenue bonds or their equivalent, or in-kind
				  payments.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 5 - Exemption for Non-Coal Minerals Extraction Incident to Government-Financed Highway or Other Construction › Section 460:10-5-4 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) Non-coal
				minerals extraction which is an incidental part of government-financed
				construction is exempt from 45 O.S. (1981), Section 721 et seq., and this
				Chapter.
(b) Any person who
				conducts or intends to conduct non-coal minerals extraction which does not
				satisfy (a) of this Section shall not proceed until a permit has been obtained
				from the Department of Mines under the State program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 5 - Exemption for Non-Coal Minerals Extraction Incident to Government-Financed Highway or Other Construction › Section 460:10-5-5 - Information to be maintained on site

Current through Vol. 41, No. 20, July 1, 2024
Any person extracting non-coal minerals incident to
				  government-financed highway or other construction who extracts 500 or more tons
				  of non-coal minerals or affects more than two (2) acres shall maintain, on the
				  site of the extraction operation and available for inspection, documents which
				  show:
(1) A description of the
				construction project;
(2) The exact
				location of the construction, right-of-way or the boundaries of the area which
				will be directly affected by the construction; and
(3) The government agency which is providing
				the financing and the kind and amount of public financing, including the
				percentage of the entire construction costs represented by the government
				financing.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes minimum general criteria for
				  permits and permit applications requirements which are applicable to obtaining
				  the Department's approval of permit applications.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to ensure that all
				  non-coal surface mining and reclamation operations are conducted only under
				  permits issued in accordance with the requirements of the State regulatory
				  program, that all persons make timely application for permits, to provide
				  general requirements on permit fee systems, and to provide the general content
				  requirements of permit applications.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-3 - General requirements for permits-operators

Current through Vol. 41, No. 20, July 1, 2024
(a)
General requirements.
No
				person shall engage in or carry out on non-Federal or non-Indian lands within
				the State any non-coal surface mining and reclamation operations unless that
				person has first obtained a valid permit issued by the Department.
(b)
Written applications.
Any
				operator desiring to engage in mining shall make written application to the
				Department for a permit. Application for such permit shall be made upon forms
				furnished by the Department.
Amended at 11 Ok Reg
				  917, eff 12-23-93 (emergency); Amended at 11 Ok Reg 4219, eff
				  7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-4 - Compliance with permits

Current through Vol. 41, No. 20, July 1, 2024
All persons shall conduct non-coal surface mining and
				  reclamation operations under permits issued pursuant to this Chapter and shall
				  comply with the terms and conditions of the permit and the requirements of 45
				  O.S. Section 721, et seq., and this Chapter, along with all other applicable
				  State, Federal, or local permitting and licensing
				  requirements.
Amended at 18 Ok Reg
				  3199, eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-5 - Permit application filing deadlines

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Each person who
				conducts or expects to conduct new non-coa surface mining and reclamation
				operations shall file a complete application for a permit for those operations
				within a time established by the Department as sufficient to all for review of
				the application.
(b)
Renewal
				of valid permits.
An application for renewal of a permit shall be filed
				with the Department before the expiration of the permit involved.
(c)
Revision of permits.
Any
				application for revision of a permit shall be filed with the Department before
				the date on which the permittee expects to revise non-coal surface mining or
				reclamation operations. The Department shall determine the time required for
				review of the application and public participation in the process of
				review.
Amended at 20 Ok Reg
				  2816, eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-6 - Permit applications - maps

Current through Vol. 41, No. 20, July 1, 2024
Mine maps should be accurate drawings, aerial photographs or
				  enlarged topographic maps of the entire mine area and of a scale sufficient to
				  clearly illustrate the following:
(1)
				Outline of the area to be permitted detailing the affected areas, incremental
				mining areas, planned future reserves if requested by the applicant, buffer
				zones, easements, and rights-of-ways, for the number of years the permit is
				requested.
(2) Outline of stockpile
				areas.
(3) Outline of overburden
				disposal areas.
(4) Outline of
				settling ponds.
(5) Location of
				plantsites or processing areas.
(6)
				Location of roads both existing and planned on-site.
(7) Location of planned and existing on-site
				buildings.
(8) Location and name of
				streams or lakes.
(9) Boundary of
				100 year floodplain, where appropriate.
Amended at 11 Ok Reg
				  917, eff 12-23-93 (emergency); Amended at 11 Ok Reg 4219, eff
				  7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-7 - Permit fees

Current through Vol. 41, No. 20, July 1, 2024
Each application for a non-coal surface mining and
				  reclamation permit pursuant to the Department shall be accompanied by a fee set
				  by State statute.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 9 - General Requirements for Permits and Applications › Section 460:10-9-8 - Verification of application

Current through Vol. 41, No. 20, July 1, 2024
Each application for permits shall be verified under oath, by
				  a responsible official of the applicant, that the information contained in the
				  application is true and correct to the best of the official's information and
				  belief.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the procedures though which the
				  Department will implement SB1697, which allows limited use permits by
				  establishing the minimum general requirements for the application process, the
				  issuance process and the regulation and enforcement process of a limited use
				  permit.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Subchapter is to ensure that each
				  application for a limited use permit contains all relevant
				  information.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-3 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The Department of Mines has the responsibility to approve or
				  disapprove Limited use permits. The Department shall assure implementation of
				  the requirements of this Subchapter. The permit applicant shall provide all
				  information in a complete permit application for review by the Department in
				  accordance with this Subchapter.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-4 - Content of limited use permit applications

Current through Vol. 41, No. 20, July 1, 2024
Each application for a limited use permit shall contain the
				  following information:
(1) The name
				and addresses of the limited use permit applicant, including telephone
				number;
(2) The nature of the
				business entity, including but not limited to, sole proprietor, corporation,
				limited liability company, or general partnership;
(3) A description of the tract or tracts of
				land, including the section, township, range and county in which the land is
				located;
(4) A detailed map which
				accurately outlines and locates the tract or tracts to be mined utilizing a
				measurable scale, such as but not limited to GPS or survey maps which must
				accurately represent the requested area;
(5) A statement that the applicant has the
				right and power by legal estate owned to mine the land so described in the
				application;
(6) A reclamation plan
				which complies with 45.O.S. Section 725.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-5 - Bonding requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) No
				limited use permit shall be issued until the permit applicant submits a
				reclamation bond to the Department in an amount of three thousand five hundred
				dollars ($3,500,00).
(b) A bond
				submitted to the Department for a limited use permit must comply with
				Subchapter 21, and Subchapter 25 of this Chapter, unless limited use permits
				are expressly excluded.
(c)
				Liability under performance bond(s) applicable to a permit shall continue in
				effect until the work has been completed as determined by the Department
				pursuant to the requirements of the reclamation plan and this
				Chapter.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-6 - Limited use permit conditions and restrictions

Current through Vol. 41, No. 20, July 1, 2024
(a) The maximum acreage which can be mined
				under a limited use permit shall be restricted to two (2) acres.
(b) The term of a limited use permit shall
				not exceed twelve (12) months from the date of issuance.
(c) A limited use permit shall not carry a
				right of successive renewal.
(d) A
				limited use permit site must be reclaimed as required by 45 O.S. Section 725
				and the permit within six months following the expiration of the permit
				term.
(e) The use of processing
				equipment shall not be approved for a limited use permit.
(f) The use of explosives shall not be
				approved for a limited use permit.
(g) No more than one limited use permit shall
				be issued within a 160 acre unit, measuring the unit with the existing limited
				use permit in the center.
(h) No
				limited use permit shall be issued to conduct non-coal surface mining and
				reclamation operations on high-quality waters or outstanding resource waters,
				as described in OAC
				460:10-13-2.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-7 - Administrative review

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Within 30 days after an applicant or permitee is notified
				of the decision of the Department concerning an application for approval of a
				permit for mining, the applicant, permitee, or any person with and interest
				which is or may be adversely affected may request a hearing on the reasons for
				the decision, in accordance with this Section.
(b)
Administrative hearings.
(1) The person wishing to request
				administrative review shall submit such request to the Department in
				writing;
(2) The hearing shall be
				on the record and adjudicatory in nature;
(3) The Department may, under such conditions
				as it prescribes, grant such temporary relief as it deems appropriate, pending
				final determination of the proceedings, if:
(A) All parties to the proceeding have been
				notified and given an opportunity to be heard on a request for temporary
				relief;
(B) The person requesting
				that relief shows that there is a substantial likelihood that he or she will
				prevail on the merits of the final determination of the proceedings;
(C) The relief sought will not adversely
				effect the public health or safety, or cause significant, imminent environment
				harm to land, air, or water resources;
(D) The relief sought is not the issuance of
				a permit where a permit has been denied, in whole or in part, by the
				Department.
(4) The
				hearing shall be conducted in accordance with OAC
				460:3-1-5
				of the Non-Coal Rules of Practice and Procedures.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 10 - Limited Use Surface Mining Permit Applications and Bonding Requirements › Section 460:10-10-8 - Judicial review under Chapter 10. Non-Coal Mining of limited use permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Any Applicant or person with an interest which is or
				maybe adversely affected may appeal pursuant to Subsection (b) of this Section
				if the applicant or person is aggrieved by the decision of the hearing
				authority in the administrative hearing conducted pursuant to Section
				460:10-10-7
				of this Chapter.
(b)
Judicial
				review of limited use permits.
The action of the hearing authority
				identified in Subchapter (a) of this Section shall be subject to judicial
				review by a court of competent jurisdiction, pursuant to Oklahoma
				Administrative Procedures Act,75 O.S. Section 308(a) et seq.
Added at 26 Ok Reg 3002,
				  eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 11 - Non-Coal Surface Mining Permit Applications Excluding Limited Use Permits › Section 460:10-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the minimum requirements
				  regarding the legal, financial, compliance and general information that must be
				  contained in permit applications for non-coal surface mining activities, except
				  for limited use permit under Subchapter 10 of this Chapter.
Amended at 26 Ok Reg
				  3002, eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 11 - Non-Coal Surface Mining Permit Applications Excluding Limited Use Permits › Section 460:10-11-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The object of this Subchapter is to ensure that all relevant
				  information regarding the ownership and control of the operators who conduct
				  non-coal surface mining activities, the ownership and control of the property
				  to be affected by the operations, the compliance status and history of such
				  operators and other important information is provided in the application to the
				  Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 11 - Non-Coal Surface Mining Permit Applications Excluding Limited Use Permits › Section 460:10-11-3 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
It is the responsibility of a non-coal surface mining permit
				  applicant to provide to the Department all of the information required by this
				  Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 11 - Non-Coal Surface Mining Permit Applications Excluding Limited Use Permits › Section 460:10-11-4 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter applies to operators who apply for a permit
				  to conduct non-coal surface mining activities. This Subchapter does not apply
				  to limited use permits issued pursuant to Subchapter 10 of this
				  Chapter.
Amended at 26 Ok Reg
				  3002, eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 11 - Non-Coal Surface Mining Permit Applications Excluding Limited Use Permits › Section 460:10-11-5 - Identification of interests

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				application for a non-coal surface application permit shall contain the names
				and address of the permit applicant, including his or her telephone
				number.
(b) Each application shall
				contain a statement of whether the applicant is a corporation, partnership,
				single proprietorship, association, or other business entity.
(c) Each application shall contain the names
				under which the applicant, partner, corporation, and or company previously
				operated a mining operation in this state within five years proceeding the date
				of application.
(d) Nothing herein
				shall authorize the Department to adjudicate property disputes between any
				interested parties.
(e) Upon the
				Department's notice of any such property dispute from any reasonable source,
				the Department's review of any pending application for a new permit, revision,
				transfer,amendment or renewal shall be suspended until the Department receives
				notice that such dispute has been conclusively resolved.
Amended at 24 Ok Reg
				  2921, eff 9-17-07
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 11 - Non-Coal Surface Mining Permit Applications Excluding Limited Use Permits › Section 460:10-11-6 - Compliance information

Current through Vol. 41, No. 20, July 1, 2024
Each non-coal surface mining permit application shall
				  contain:
(1) statement of whether the
				applicant, any subsidiary, affiliate, or persons controlled by or under the
				common control with the applicant has:
(A) Had
				a mining permit suspended or revoked in the last five years; or
(B) Forfeited a mining bond or similar
				security deposited in lieu of such bond.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 11 - Non-Coal Surface Mining Permit Applications Excluding Limited Use Permits › Section 460:10-11-7 - Newspaper advertisement and proof of publication

Current through Vol. 41, No. 20, July 1, 2024
A copy of the newspaper advertisement of a non-coal surface
				  mining permit application and proof of publication of the advertisement shall
				  be filed with the Department and made a part of the complete
				  application.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 13 - Non-Coal Mining Permit Applications Requirements for Information on Environmental Resources › Section 460:10-13-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth general procedures governing
				  mining operations on Oklahoma's Scenic rivers and areas classified as
				  Outstanding resource waters , High Quality waters, and Sensitive
				  Basins.
Added at 11 Ok Reg 925,
				  eff 12-23-93 (emergency); Added at 11 Ok Reg 4223, eff 7-25-94; Amended at 18
				  Ok Reg 3199, eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 13 - Non-Coal Mining Permit Applications Requirements for Information on Environmental Resources › Section 460:10-13-3 - Permitting for non-coal mining within scenic river areas, Outstanding resources waters and High quality waters

Current through Vol. 41, No. 20, July 1, 2024
In addition to the requirements of this Chapter and the
				  requirements of 45 O.S. Section 721 et seq., non-coal applicants seeking
				  permits, after August 1, 2001, for mining within Outstanding resources waters,
				  High quality waters and scenic river areas must submit the following:
(1) A survey outlining the area to be
				permitted detailing the following:
(A)
				Affected areas;
(B) Buffer zones
				with respect to river bed proximity;
(C) Ingress and egress areas;
(D) Incremental and normal sequences
				pattern;
(E) Location of plant
				site, stockpile, and processing areas;
(F) Location of roads;
(G) Location of river or stream;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 13 - Non-Coal Mining Permit Applications Requirements for Information on Environmental Resources › Section 460:10-13-4 - Operational requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) In
				addition to the requirements listed in this Chapter and those requirements
				within 45 O.S. Section 721 et seq., applicants for non-coal mining permits,
				applied for on or after August 1, 2001, in Outstanding resources waters, High
				quality waters, and scenic river areas must submit and satisfy the following:
(1) Prior to permit issuance, applicants must
				submit approved copies of other state, federal, and local government permits or
				licenses that pertain to the site. These permits shall include but are not
				limited to, storm water permits, an approved pollution prevention plan, permits
				issued in compliance with Section 404 and 401 of the Clean Water Act as well as
				Nation Pollutant Discharge Elimination System permits and stream water use
				permits, flood plain permits, and copies of notifications sent to the state
				andfederal fish and wildlife agencies.
(2) Gravel removal from, and stockpiling on,
				either scenic river beds or river banks must be approved by the Department and
				must not violate state water quality or environmental laws.
(3) Applicants are prohibited from mining in,
				or driving vehicles into; the wetted portion of the river bed.
(4) Applicants are prohibited from changing
				the course of the river at any time.
(5) A minimum 100-foot border of natural
				vegetation between the water's edge and any plant site on the permitted area
				shall be left undisturbed subject to the operator's right to normal access to
				the stream. When the materials extracted are not processed after removal and no
				plant is located on the property, the operator shall take all necessary
				precautions to preserve the integrity of the stream bank.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 13 - Non-Coal Mining Permit Applications Requirements for Information on Environmental Resources › Section 460:10-13-5.1 - Permitting for non-coal mining within a Sensitive Basin

Current through Vol. 41, No. 20, July 1, 2024
(a) A
"Subject mine"
means a
				"mine," as defined in the paragraph 2 of Section
				723 of
				Title 45 of the Oklahoma Statutes, proposed for a location overlying a
				sensitive sole source groundwaterbasin or subbasin, exclusive of any mine that
				meets at least one of the following conditions:
(1) As of November 1, 2019, is engaged in the
				permitted extraction of minerals from natural deposits; or,
(2) Satisfies the criteria of paragraph 1 or
				2 of subsection C of Section
				1020.2
				of Title 82 of the Oklahoma Statutes; or,
(3) Is not permitted to operate for a period
				of more than five (5) years, with no extensions or renewals; or,
(4) The operation of which will not result in
				more than five (5) acre-feet per year of groundwater emanating from a sensitive
				soul source groundwater basin or subbasin to infiltrate its pit, as that term
				is defined in paragraph 12 of Section
				723 of
				Title 45 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 13 - Non-Coal Mining Permit Applications Requirements for Information on Environmental Resources › Section 460:10-13-6 - Operational requirements for non-coal mining within a Sensitive Basin

Current through Vol. 41, No. 20, July 1, 2024
(a) Mines which have lost their preexisting
				exemptions regarding water trapped in producing/active mines as provided in 82
				O.S. Section 1020.2(C) and OAC
				785:30-15-1(c)
				and as determined by the Oklahoma Water Resources Board, must submit to the
				Department a copy of the management plan which has been approved by the
				Oklahoma Water Resources Board.
(b)
				An applicant who has been issued a non-coal mining permit by the Department,
				and who the Oklahoma Water Resources Board determines is in violation of its
				groundwater use permit or its management plan, may be subject to enforcement
				actions by the Oklahoma Water Resources Board and the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 15 - Non-Coal Mining Permit Applications Requirements for Reclamation and Operations Plan › Section 460:10-15-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter establishes the basic objective of the
				  reclamation plan which is to establish, on a continuing basis, a vegetative
				  cover, soil stability, and water and safety conditions appropriate to the
				  area.
Added at 11 Ok Reg 917,
				  eff 12-23-93 (emergency); Added at 11 Ok Reg 4219, eff
				  7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 15 - Non-Coal Mining Permit Applications Requirements for Reclamation and Operations Plan › Section 460:10-15-2 - Simultaneous reclamation

Current through Vol. 41, No. 20, July 1, 2024
Reclamation shall be conducted simultaneously with the mining
				  whenever feasible and in any event shall be initiated at the earliest
				  practicable time. Grading shall be completed within one year after completion
				  or termination of mining on any segment of the mine.
Added at 11 Ok Reg 917,
				  eff 12-23-93 (emergency); Added at 11 Ok Reg 4219, eff
				  7-25-94
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 15 - Non-Coal Mining Permit Applications Requirements for Reclamation and Operations Plan › Section 460:10-15-3 - Reclamation plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				reclamation plan shall, to the extent applicable, include:
(1) The planned land use or uses to which the
				affected lands will be rehabilitated;
(2) The methods to prevent or eliminate
				conditions that will be hazardous to animal or fish life in or adjacent to the
				affected land;
(3) The methods for
				rehabilitating settling ponds;
(4)
				The method for the control of contaminants and disposal of the refuse including
				tailings;
(5) The measure to
				provide safety to persons and adjoining property in all excavations;
(6) A plan for the permanent revegetation,
				reforestation or other surface treatment of the affected land using accepted
				and recommended practices. The revegetation plan shall include but not be
				limited to the following:
(A) Planned soil
				rests;
(B) Site preparation and
				fertilization;
(C) Seed or plant
				selection;
(D) Rate of seeding or
				amount of planting per acre.
(7) A time schedule of reclamation
				activities, particularly those relating to Best Management Practices for the
				sediment and erosion control which shall be keyed to the maps required by this
				Chapter;
(8) In addition to the
				required Location Maps, a reclamation map shall be submitted with the mining
				permit application which shall show, to the extent applicable, the following:
(A) The outline of the proposed final limits
				of the excavation, during the number of years for which the permit is
				requested;
(B) The outline of the
				tailing disposal area;
(C) The
				outline of the disposal area for the spoil and refuse area;
(D) The approximate location of any
				impoundment or water body which will remain upon final reclamation;
(E) The approximate locations of access
				roads, haul roads, or ramps which Will remain upon final reclamation;
(F) The proposed location of ditches to
				provide for drainage. The location of diversions, terraces, or other Best
				Management Practices to be used for preventing or controlling erosion and
				off-site siltation;
(G) The
				boundary of the permitted area;
(H)
				The boundaries of the affected area for the anticipated life of the
				mine;
(I) The boundaries of the
				100-year floodplain, where appropriate.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the minimum requirements for
				  public participation in the permit process, review of permit applications and
				  decisions on these applications by the Department and approval or disapproval
				  of permits to conduct non-coal surface mining and reclamation operations and
				  for the terms and conditions of permits issued, excluding limited
				  use.
Amended at 26 Ok Reg
				  3002, eff 8-27-09
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to:
(1) provide for public participation in the
				review of applications and the issuance, or denial of permits;
(2) ensure prompt and effective review of
				each permit application by the Department; and
(3) provide the minimum requirements for the
				terms and conditions of permits issued and the criteria for approval or denial
				of a permit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
The Department has the responsibility to approve or
				  disapprove permits. The Department shall assure implementation of the
				  requirements of this Subchapter. This applicant shall provide all information
				  in a complete permit application for review by the Department in accordance
				  with this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-4 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following word or terms, when used in Section
				  460:10-17-9(d)
				  and
				  460:10-17-10(c)
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Irreparable damage to the environment"
means
				  any damage to the environment that cannot be corrected by actions of the
				  applicant.
"Willful violation"
means an act or omission
				  which violates 45 O.S. (1981) Section 721 et seq., or this Chapter, or
				  individual permit conditions, committed by a person who intends the result
				  which actually occurs.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-5 - Public notices of filing of permit applications

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				applicant for a permit shall place an advertisement in a newspaper of general
				circulation in the county of the proposed non-coal surface mining and
				reclamation operations. The applicant shall place the advertisement in the
				newspaper at the same time the complete permit application is filed with the
				Department and shall publish the advertisement at least once a week for four
				(4) consecutive weeks. The advertisement shall contain, at a minimum, the
				following information:
(1) The name and
				business address of the applicant; and
(2) A description which clearly shows or
				describes the legal location, boundaries and acreage of the proposed permit
				area and which is sufficient to enable local residents to readily identify the
				proposed permit area. It may include towns, bodies of water, local landmarks,
				and any other information which would identify the location of the proposed
				permit area; and
(3) The location
				where a copy of the application is available for public inspection;
(4) The address of the Department of Mines,
				to which written comments, objections, or requests for conferences on the
				application may be submitted under Sections
				460:10-17-6,
				460:10-17-7;
(5) If an applicant seeks a permit
				to mine which includes relocation or closing of a public road, a copy of the
				County Resolution pertaining to the affected county road.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-6 - Right to file written objections

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who resides or owns property
				that could be adversely affected by the proposed non-coal mining operation
				shall have the right to file written objections to an initial or revised
				application for a permit with the Department, within 14 days after the last
				date of publication of the newspaper notice required by
				460:10-17-5.
(b) The Department shall, immediately upon
				receipt of any written objection transmit a copy of them to the
				applicant.
Amended at 17 Ok Reg
				  3170, eff 7-28-00; Amended at 29 Ok Reg 1782, eff
				  8-12-12
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-7 - Informal conferences

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person eligible under Section
				460:10-17-6(a)
				may, in writing, request that the Department hold conference on any application
				for a permit. The request shall:
(1) Briefly
				summarize the issues to be raised by the requestor at the conference;
(2) State whether the requestor desires to
				have the conference conducted in the locality of the proposed mining
				operations;
(3) Be filed with the
				Department not later than 14 days after the last date of publication of the
				newspaper advertisement placed by the applicant under Section
				460:10-17-5.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-8 - Public availability of information in permit

Current through Vol. 41, No. 20, July 1, 2024
Information contained in permit applications on file with the
				  Department shall be open, upon written request, for public inspection and
				  copying at reasonable times.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-9 - Review of permit applications

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall review the complete
				application and written comments, written objections submitted, and records of
				any conference held under Section
				460:10-17-6
				and
				460:10-17-7.
(b) If the Department decides to approve the
				application, it shall require that the applicant file the performance bond or
				provide other equivalent guarantee before the permit is issued, in accordance
				with the bonding regulations.
(c)
				If the Department determines from either the schedule submitted as part of the
				application under Section
				460:10-11-6,
				or from other available information, that any surface mining operation owned or
				controlled by the applicant, is currently in violation of any law, rule, or
				regulation of the United States, or of any State Mining Law, or of any State
				Thaw, rule and regulation enacted pursuant to Federal Thaw, rule or regulation
				pertaining to air or water environmental protection, or of any provision of
				this Chapter, the Department shall require the applicant, before the issuance
				of the permit, to either:
(1) Submit to the
				Department reviewing the application, proof which is satisfactory to the
				Department or agency which has jurisdiction over such violation, that the
				violation:
(A) Has been corrected;
				or
(B) Is in the process of being
				corrected; or
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-10 - Criteria for permit approval or denial

Current through Vol. 41, No. 20, July 1, 2024
No permit or revision application shall be approved, unless
				  the application affirmatively demonstrates and the Department finds, on the
				  basis of information set forth in the application or from information otherwise
				  available, which is documented in the approval and made available to the
				  applicant, that-
(1) The permit
				application is accurate and complete and in compliance with all requirements of
				45 O.S. (1981), Section 721 et. seq., and this Chapter.
(2) The applicant has demonstrated that
				non-coal surface mining and reclamation operations, as required by 45 O.S.
				(1981), Section 721 et seq., and this Chapter can be feasibly accomplished
				under the mining and reclamation operations plan contained in the
				application.
(3) The applicant or
				the operator, if other than the applicant, does not control and has not
				controlled mining operations with a demonstrated pattern of willful violations
				of this Chapter of such nature, durations, and with such resulting irreparable
				damage to the environment as to indicate an intent not to comply with the
				provisions of this Chapter.
(4) The
				applicant will submit the performance bond or other equivalent guarantee
				required under these regulations, prior to the issuance of the
				permit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-11 - Permit approval or denial actions

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall approve, require
				modification of, or deny all application for permits on the basis of:
(1) Complete applications for permits and
				revisions or renewals and transfers or sales thereof; and
(2) Public participation; and
(3) Process and review of application as
				required by this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-12 - Permit terms

Current through Vol. 41, No. 20, July 1, 2024
(a) Each permit
				shall be for a term corresponding to the life expectancy of the operation as
				supplied in the permit application.
(b) Permits may be suspended, revoked, or
				modified by the Department, in accordance with this Chapter and the Oklahoma
				Administrative Procedures Act, and OAC 460:3.
Amended at 22 Ok Reg
				  2783, eff 9-11-05
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 17 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions Excluding Limited Use Permits › Section 460:10-17-13 - General and right of entry conditions of permits

Current through Vol. 41, No. 20, July 1, 2024
Each permit issued by the Department shall ensure
				  that:
(1) Except to the extent that
				the Department otherwise directs in the permit that specific actions be taken,
				the permittee shall conduct all non-coal surface mining and reclamation
				operations as described in the complete application; and
(2) The permittee shall allow the authorized
				representatives of the Department, without advance notice or search warrant,
				upon presentation of appropriate credentials, and without delay, to have the
				rights of entry provided for in Section
				460:10-35-4.
(3) The permittee shall conduct non-coal
				surface mining and reclamation operations only on those lands specifically
				designated on the maps submitted in the application and approved for the term
				of the permit and which are subject to the performance bond or other equivalent
				guarantee in effect.