Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-5 - Permit requirements for exploration removing more than 250 tons of coal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Exploration permit.
Any person who intends to conduct coal
				exploration outside a permit area during which more than 250 tons of coal will
				be removed or which will take place on lands designated as unsuitable for
				surface mining under Subchapters 7, 9, and 11 of this Chapter shall, before
				conducting the exploration, submit an application and obtain written approval
				of the Department in an exploration permit. Such exploration shall be subject
				to the requirements prescribed under Sections
				460:20-13-6
				and
				460:20-13-7.
(b)
Application information.
Each application for an exploration permit shall contain, at a minimum, the
				following information:
(1) The name, address,
				and telephone number of the applicant;
(2) The name, address and telephone number of
				the applicant's representative who will be present at, and responsible for,
				conducting the exploration activities;
(3) A narrative describing the proposed
				exploration area;
(4) A narrative
				description of the methods and equipment to be used to conduct the exploration
				and reclamation;
(5) An estimated
				timetable for conducting and completing each phase of the exploration and
				reclamation;
(6) The estimated
				amount of coal to be removed and a description of the methods to be used to
				determine the amount;
(7) A
				statement of why extraction of more than 250 tons of coal is necessary for
				exploration;
(8) A description of :
(A) Cultural or historical resources listed
				on the National Register of Historic Places;
(B) Cultural or historical resources known to
				be eligible for listing on the National Register of Historic Places;
(C) Known archeological resources located
				within the proposed exploration area;
(D) Any other information which the
				Department may require regarding known or unknown historic or archeological
				resources;
(9) A
				description of any endangered or threatened species listed pursuant to the
				Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) identified within the
				proposed exploration area;
(10) A
				description of the measures to be used to comply with the applicable
				requirements of Subchapter 41 of this Chapter;
(11) The name and address of the owner of
				record of the surface land and of the subsurface mineral estate of the area to
				be explored;
(12) A map or maps at
				a scale of 1:200, or larger, showing the areas of land to be disturbed by the
				proposed exploration and reclamation. The map shall specifically show existing
				roads, occupied dwellings, topographic and drainage features, bodies of surface
				water, and pipelines; proposed locations of trenches, roads, and other access
				routes and structures to be constructed; the location of proposed land
				excavations; the location of exploration holes or other drill holes or
				underground openings; the location of excavated earth or waste-material
				disposal areas; and the location of critical habitats of any endangered or
				threatened species listed pursuant to the Endangered Species Act of 1973 ( 16
				U.S.C. 1531 et seq.);
(13) If the
				surface is owned by a person other than the applicant, a description of the
				basis upon which the applicant claims the right to enter that land for the
				purpose of conducting exploration and reclamation;
(14) For any lands listed in Section
				460:20-7-4
				of this Chapter, a demonstration that, to the extent technologically and
				economically feasible, the proposed exploration activities have been designed
				to minimize interference with the values for which those lands were designated
				as unsuitable for surface coal mining operations. The application must include
				documentation of consultation with the owner of the feature causing the land to
				come under the protection of Section
				460:20-7-4
				of this Chapter, and, when applicable, with the agency with primary
				jurisdiction over the feature with respect to the values that caused the land
				to come under the protection of Section
				460:20-7-4
				of this Chapter.