reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-4 - Permit renewals

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A valid permit, issued pursuant to an approved regulatory
				program, shall carry with it the right of successive renewal, within the
				approved boundaries of the existing permit, upon expiration of the term of the
				permit.
(b)
Application
				requirements and procedures.
(1) An
				application for renewal of a permit shall be filed with the Department at least
				120 days before expiration of the existing permit term.
(2) An application for renewal of a permit
				shall be in the form required by the Department and shall include at a minimum
				:
(A) The name and address of the permittee,
				the term of the renewal requested, and the permit number or other
				identifier;
(B) Evidence that a
				liability insurance policy or adequate self-insurance under Section
				460:20-37-17
				of this Chapter will be provided by the applicant for the proposed period of
				renewal;
(C) A current bond
				calculation (less than 60 days old) detailing the costs to reclaim the permit
				by a third party under the approved worst case scenario and evidence that the
				performance bond in effect for the operation will continue in full force and
				effect for any renewals requested, as well as any additional bond required by
				the Department pursuant to Subchapter 37 of this Chapter;
(D) A copy of the proposed newspaper notice
				and proof of publication of same, as required by Section
				460:20-23-9
				of this Chapter; and
(E) Additional
				revised or updated information required by the Department.
(3) Applications for renewal shall be subject
				to the requirements of public notification and public participation contained
				in Sections
				460:20-15-5
				and
				460:20-15-8(b)
				of this Chapter.
(4) If an
				application for renewal includes any proposed revisions to the permit, such
				revisions shall be identified and subject to the requirements of Section
				460:20-17-3.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 17 - Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 460:20-17-5 - Transfer, assignment, or sale of permit rights

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
No transfer,
				assignment, or sale of rights granted by a permit shall be made without the
				prior written approval of the Department. At its discretion, the Department may
				allow a prospective successor in interest to engage in surface coal mining and
				reclamation operations under the permit during the pendency of an application
				for approval of a transfer, assignment, or sale of permit rights submitted
				under paragraph (b) of this section, provided that the prospective successor in
				interest can demonstrate to the satisfaction of the Department that sufficient
				bond coverage will remain in place.
(b)
Application requirements.
An
				applicant for approval of the transfer, assignment, or sale of permit rights
				shall:
(1) Provide the Department with an
				application for approval of the proposed transfer, assignment, or sale
				including:
(A) The name and address of the
				existing permittee and permit number or other identifier;
(B) A brief description of the proposed
				action requiring approval; and
(C)
				The legal, financial, compliance, and related information required by
				Subchapter 23 of this Chapter for the applicant for approval of the transfer,
				assignment, or sale of permit rights.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 19 - Administrative and Judicial Review of Decisions › Section 460:20-19-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter provides requirements for administrative and
				  judicial review of decisions on permits.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 19 - Administrative and Judicial Review of Decisions › Section 460:20-19-3 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Any applicant or any person with an interest which is or
				maybe adversely affected and who has participated in the administrative
				hearings as an objector may appeal as provided in Subsection (b) or (c) of this
				Section if-
(1) The applicant or person is
				aggrieved by the decision of the hearing authority in the administrative
				hearing conducted pursuant to Section
				460:20-19-2
				of this Chapter; or
(2) Either the
				Department or the hearing authority for administrative review under Section
				460:20-19-2
				of this Chapter fails to act within applicable time limits specified in the
				Act, this Chapter, or the regulatory program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 21 - General Content Requirements for Permit Applications › Section 460:20-21-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter provides minimum requirements concerning the
				  general content for permit applications under a State
				  program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 21 - General Content Requirements for Permit Applications › Section 460:20-21-2 - Format and contents

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				application shall:
(1) Contain current
				information, as required by this Subchapter;
(2) Be clear and concise; and
(3) Be filed in the format required by the
				Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 21 - General Content Requirements for Permit Applications › Section 460:20-21-3 - Reporting of technical data

Current through Vol. 41, No. 20, July 1, 2024
(a) All technical data submitted in the
				application shall be accompanied by the names of persons or organizations that
				collected and analyzed the data, dates of the collection and analysis of the
				data, and descriptions of the methodology used to collect and analyze the
				data.
(b) Technical analyses shall
				be planned by or under the direction of a professional qualified in the subject
				to be analyzed.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 21 - General Content Requirements for Permit Applications › Section 460:20-21-4 - Maps and plans: General requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Maps submitted with applications shall be
				presented in a consolidated format, to the extent possible, and shall include
				all the types of information that are set forth on topographic maps of the U.S.
				Geological Survey of the 1:24,000 scale series. Maps of the permit area shall
				be at a scale of 1:6,000 or larger. Maps of the adjacent area shall clearly
				show the lands and waters within those areas and be in a scale determined by
				the Department, but in no event smaller than 1:24,000.
(b) All maps and plans submitted with the
				application shall distinguish among each of the phases during which surface
				coal mining operations were or will be conducted at any place within the life
				of operations. At a minimum, distinctions shall be clearly shown among those
				portions of the life of operations in which surface coal mining operations
				occurred:
(1) Prior to August 3,
				1977;
(2) After August 3, 1977, and
				prior to either:
(A) May 3, 1978; or
(B) In the case of an applicant or operator
				which obtained a small operator's exemption in accordance with Subchapter 35 of
				this Chapter, January 1, 1979;
(3) After May 3, 1978 (or January 1, 1979,
				for persons who received a small operator's exemption) and prior to the
				approval of the applicable regulatory program; or
(4) After the estimated date of issuance of a
				permit by the Department under the approved regulatory program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 21 - General Content Requirements for Permit Applications › Section 460:20-21-5 - Completeness

Current through Vol. 41, No. 20, July 1, 2024
An application for a permit to conduct surface coal mining
				  and reclamation operations shall be complete and shall include at a
				  minimum:
(1) For surface mining
				activities, the information required under Subchapters 23, 25, and 27 of this
				Chapter, and, as applicable to the operation, Subchapter 33 of this Chapter;
				and
(2) For underground mining
				activities, the information required under Subchapters 23, 29, and 31 of this
				Chapter, and, as applicable to the operation, Subchapter 33 of this
				Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 21 - General Content Requirements for Permit Applications › Section 460:20-21-6 - Permit fees

Current through Vol. 41, No. 20, July 1, 2024
An application for a surface coal mining and reclamation
				  permit shall be accompanied by a fee determined by the Department. The fee may
				  be less than, but shall not exceed, the actual or anticipated cost of
				  reviewing, administering, and enforcing the permit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-1 - Scope and purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the minimum requirements for the
				  permit applications for surface coal mining and reclamation operations under a
				  State or Federal program. This Subchapter covers minimum legal, financial, and
				  compliance requirements and general information that must be contained in
				  permit applications. This Subchapter applies to any person who submits an
				  application to a Department for a permit to conduct surface coal mining and
				  reclamation operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-2 - Identification of interests [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg
				  2558, eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-2.1 - Certifying and updating existing permit application information

Current through Vol. 41, No. 20, July 1, 2024
(a) If the
				Applicant has previously applied for a permit and the required information is
				already in AVS, then the applicant may update the information as follows:
(1) If all or part of the information already
				in AVS is accurate and complete, then the Applicant may certify that the
				relevant information in AVS is accurate, complete, and up to date by so
				swearing or affirming to the Department under oath and in writing.
(2) If part of the information in AVS is
				missing or incorrect, the Applicant must submit to the Department the necessary
				information or corrections and swear or affirm, under oath and in writing, that
				the information submitted is accurate and complete.
(3) If the applicant can neither certify that
				the data in AVS is accurate and complete nor make needed corrections, the
				applicant must include in its permit application the information required under
				this part.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-2.2 - Providing applicant and operator information

Current through Vol. 41, No. 20, July 1, 2024
(a) The Applicant, must provide in the permit
				application:
(1) A statement indicating
				whether it and its operator are corporations, limited liability companies,
				partnerships, associations, sole proprietorships, or other business
				entities;
(2) Taxpayer
				identification numbers for applicant and its operator.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-2.3 - Providing permit history information

Current through Vol. 41, No. 20, July 1, 2024
(a) The Applicant must provide a list of all
				names under which it or its partners or principal shareholders, and its
				operator's partners or principal shareholders operate or previously operated a
				surface coal mining operation in the United States within the five-year period
				preceding the date of submission of the application.
(b) For the Applicant and its Operator, the
				Applicant must provide a list of any pending permit applications for surface
				coal mining operations filed in the United States. The list must identify each
				application by its application number and jurisdiction, or by other identifying
				information when necessary.
(c) For
				any surface coal mining operations the Applicant or its Operator owned or
				controlled within the five-year period preceding the date of submission of the
				application, and for any surface coal mining operation Applicant or its
				Operator own or control on that date, Applicant must provide the following:
(1) Permittee's and Operator's name and
				address;
(2) Permittee's and
				Operator's taxpayer identification numbers;
(3) Federal or State permit number and
				corresponding MSHA number;
(4)
				Regulatory authority with jurisdiction over the permit; and
(5) Permittee's and Operator's relationship
				to the operation, including percentage of ownership and location in the
				organizational structure.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-2.4 - Providing property interest information

Current through Vol. 41, No. 20, July 1, 2024
The applicant must provide in the permit application all of
				  the following information for the property to be mined:
(1) The name and address of:
(A) Each legal or equitable owner(s) of
				record of the surface and mineral.
(B) The holder(s) of record of any leasehold
				interest.
(C) Any purchaser(s) of
				record under a real estate contract.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-3 - Violation information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 27 Ok Reg
				  2558, eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-3.1 - Providing violation information

Current through Vol. 41, No. 20, July 1, 2024
(a) The Applicant must state in its permit
				application, whether the Applicant or its Operator, or any subsidiary,
				affiliate, or entity which the Applicant or the Applicant's Operator owns or
				controls or which is under common control with the applicant or its you
				operator, has:
(1) Had a Federal or State
				permit for surface coal mining operations suspended or revoked during the
				five-year period preceding the date of submission of the application;
				or
(2) Forfeited a performance bond
				or similar security deposited in lieu of bond in connection with surface coal
				mining and reclamation operations during the five-year period preceding the
				date of submission of the application.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-4 - Right-of-entry information

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				application shall contain a description of the documents upon which the
				applicant bases his legal right to enter and begin surface coal mining and
				reclamation operations in the permit area and shall state whether that right is
				the subject of pending litigation. The description shall identify the documents
				by type and date of execution, identify the specific lands to which the
				document pertains, and explain the legal rights claimed by the
				applicant.
(b) Where the private
				mineral estate to be mined has been severed from the private surface estate, an
				applicant shall also submit-
(1) A copy of the
				written consent of the surface owner for the extraction of coal by surface
				mining methods;
(2) A copy of the
				conveyance that expressly grants or reserves the right to extract coal by
				surface mining methods; or
(3) If
				the conveyance does not expressly grant the right to extract the coal by
				surface mining methods, documentation that under applicable State Law, the
				applicant has the legal authority to extract the coal by those
				methods.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-5 - Status of unsuitability claims

Current through Vol. 41, No. 20, July 1, 2024
(a) An application shall contain available
				information as to whether the proposed permit area is within an area designated
				as unsuitable for surface coal mining and reclamation operations or is within
				an area under study for designation in an administrative proceeding under
				Subchapter 9 and 11 of this Chapter.
(b) An application in which the applicant
				claims the exemption described in Section
				460:20-9-6(c)
				of this Chapter shall contain information supporting the assertion that the
				applicant made substantial legal and financial commitments before January 4,
				1977, concerning the proposed surface coal mining and reclamation
				operation.
(c) An application in
				which the applicant proposes to conduct surface coal mining activities within
				300 feet of an occupied dwelling or within 100 feet of a public road shall
				contain the necessary information and meet the requirements of Section
				460:20-7-5 of this
				Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-6 - Permit term

Current through Vol. 41, No. 20, July 1, 2024
Each application shall state the anticipated or actual
				  starting and termination date of each phase of the surface coal mining and
				  reclamation operation and the anticipated number of acres of land to be
				  affected during each phase of mining over the life of the
				  mine.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-7 - Insurance

Current through Vol. 41, No. 20, July 1, 2024
An application shall contain either a certificate of
				  liability insurance or evidence of self-insurance in compliance with Section
				  460:20-37-17
				  of this Chapter
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-8 - Identification of location of public offices of filing of application

Current through Vol. 41, No. 20, July 1, 2024
Each complete application for a permit, significant revision
				  of a permit, or renewal of a permit shall identify, by name and address, the
				  public office where the applicant will simultaneously file a copy of the
				  application for public inspection in accordance with Section
				  460:20-15-5(a)
				  (2). This may be the courthouse of the county in which the surface mining
				  activities will occur or any other office designated by the
				  Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-9 - Proof of publication

Current through Vol. 41, No. 20, July 1, 2024
A copy of the newspaper advertisement of the application for
				  a permit, significant revision of a permit, or renewal of a permit, or proof of
				  publication of the advertisements which is acceptable to the Department shall
				  be filed with the Department and shall be made a part of the application not
				  later that 4 weeks after the last date of publication as required by Section
				  460:20-15-5(a)
				  (1) of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 23 - Permit Applications: Minium Requirements for Legal, Financial, Compliance, and Related Information › Section 460:20-23-10 - Facilities or structures used in common

Current through Vol. 41, No. 20, July 1, 2024
The plans of a facility or structure that is to be shared by
				  two or more separately permitted mining operations may be included in one
				  permit application and referenced in the other applications. In accordance with
				  Subchapter 37 of this Chapter, each Permittee shall bond the facility or
				  structure unless the Permittees sharing it agree to another arrangement for
				  assuming their respective responsibilities. If such agreement is reached, then
				  the application shall include a copy of the agreement between or among the
				  parties setting forth the respective bonding responsibilities of each party for
				  the facility or structure. The agreement shall demonstrate to the satisfaction
				  of the regulatory authority that all responsibilities under this Chapter for
				  the facility or structure will be met.
Added at 27 Ok Reg 2558,
				  eff 7-25-10
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the minimum requirements for the
				  environmental resources contents of applications for surface mining
				  activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to ensure that each
				  application provides to the Department a complete and accurate description of
				  the environmental resources that may be impacted or affected by proposed
				  surface mining activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) It is the
				responsibility of the applicant to provide, except where specifically exempted
				in this Subchapter, all information required by this Subchapter in the
				application.
(b) It is the
				responsibility of State and Federal government agencies to provide information
				for applications as specifically required by this Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-4 - General requirements

Current through Vol. 41, No. 20, July 1, 2024
Each permit application shall include a description of the
				  existing, premining environmental resources within the proposed permit area and
				  adjacent areas that may be affected or impacted by the proposed surface mining
				  activities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-5 - General environmental resources information

Current through Vol. 41, No. 20, July 1, 2024
Each application shall describe and identify:
(1) The lands subject to surface coal mining
				operations over the estimated life of those operations and the size, sequence,
				and timing of the sub-areas for which it is anticipated that individual permits
				for mining will be sought; and
(2)
(A) The nature of cultural, historic and
				archeological resources listed or eligible for listing on the National Register
				of Historic Places and known archeological sites within the proposed permit and
				adjacent areas. The description shall be based on all available information,
				including, but not limited to, information from the State Historic Preservation
				Officer and from local archeological, historical, and cultural preservation
				agencies.
(B) The Department may
				require the applicant to identify and evaluate important historic and
				archeological resources that may be eligible for listing on the National
				Register of Historic Places, through
(i)
				Collection of additional information,
(ii) Conduct of field investigations,
				or
(iii) Other appropriate
				analyses.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-6 - Climatological information

Current through Vol. 41, No. 20, July 1, 2024
(a) When
				requested by the Department, the application shall contain a statement of the
				climatological factors that are representative of the proposed permit area,
				including:
(1) The average seasonal
				precipitation;
(2) The average
				direction and velocity of prevailing winds; and
(3) Seasonal temperature ranges.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-7 - Vegetation information

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				permit application shall, if required by the Department, contain a map that
				delineates existing vegetative types and a description of the plant communities
				within the proposed permit area and within any proposed reference area. This
				description shall include information adequate to predict the potential for
				reestablishing vegetation.
(b) When
				a map or aerial photograph is required, sufficient adjacent areas shall be
				included to allow evaluation of vegetation as important habitat for fish and
				wildlife for those species of fish and wildlife identified under Section
				460:20-27-9.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-8 - Soil resources information

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant shall provide adequate soil
				survey information of the permit area consisting of the following:
(1) A map delineating different
				soils;
(2) Soil
				identification;
(3) Soil
				description; and
(4) Present and
				potential productivity of existing soils.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-9 - Land-use information

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				application shall contain a statement of the condition, capability, and
				productivity of the land within the proposed permit area, including:
(1) A map and supporting narrative of the
				uses of the land existing at the time of the filing of the application. If the
				premining use of the land was changed within 5 years before the anticipated
				date of beginning the proposed operations, the historic use of the land shall
				also be described.
(2) A narrative
				of land capability and productivity, which analyzes the land-use description
				under Subsection (a) of this Section in conjunction with other environmental
				resources information required under this Subchapter. The narrative shall
				provide analyses of:
(A) The capability of the
				land before any mining to support a variety of uses, giving consideration to
				soil and foundation characteristics, topography, vegetative cover, and the
				hydrology of the proposed permit area; and
(B) The productivity of the proposed permit
				area before mining, expressed as average yield of food, fiber, forage, or wood
				products from such lands obtained under high levels of management. The
				productivity shall be determined by yield data or estimates for similar sites
				based on current data from the U.S. Department of Agriculture, State
				agricultural universities, or appropriate State natural resource or
				agricultural agencies.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-10 - Maps: general requirements

Current through Vol. 41, No. 20, July 1, 2024
The permit application shall include maps showing:
(1) All boundaries of lands and names of
				present owners of record of those lands, both surface and subsurface, included
				in or contiguous to the permit area;
(2) The boundaries of land within the
				proposed permit area upon which the applicant has the legal right to enter and
				begin surface mining activities;
(3) The boundaries of all areas proposed to
				be affected over the estimated total life of the proposed surface mining
				activities, with a description of size, sequence, and timing of the mining of
				subareas for which it is anticipated that additional permits will be
				sought;
(4) The location of all
				buildings on and within 1,000 feet of the proposed permit area, with
				identification of the current use of the buildings;
(5) The location of surface and subsurface
				manmade features within, passing through, or passing over the proposed permit
				area, including, but not limited to major electric transmission lines,
				pipelines, and agricultural drainage tile fields;
(6) The location and boundaries of any
				proposed reference areas for determining the success of revegetation;
(7) The location of water supply intakes for
				current users of surface water flowing into, out of, and within a hydrologic
				area defined by the Department, and those surface waters which will receive
				discharges from affected areas in the proposed permit area;
(8) Each public road located in or within 100
				feet of the proposed permit area;
(9) The boundaries of any public park and
				locations of any cultural or historical resources listed or eligible for
				listing in the National Register of Historic Places and known archeological
				sites within the permit and adjacent areas;
(10) Each cemetery that is located in or
				within 100 feet of the proposed permit area.
(11) Any land within the proposed permit area
				which is within the boundaries of any units of the National System of Trails or
				the Wild and Scenic Rivers System, including study rivers designated under
				Section 5 (a) of the Wild and Scenic Rivers Act; and
(12) Other relevant information required by
				the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 460:20-25-11 - Cross sections, maps, and plans

Current through Vol. 41, No. 20, July 1, 2024
(a) The application shall include cross
				sections, maps, and plans showing:
(1)
				Elevations and locations of test borings and core samplings;
(2) Elevations and locations of monitoring
				stations used to gather data for water quality and quantity, fish and wildlife,
				and air quality, if required, in preparation of the application;
(3) Nature, depth, and thickness of the coal
				seams to be mined, any coal or rider seams above the seam to be mined, each
				stratum of the over burden, and the stratum immediately below the lowest coal
				seam to be mined;
(4) All coal crop
				lines and the strike and dip of the coal to be mined within the proposed permit
				area;
(5) Location and extent of
				known workings of active, inactive, or abandoned underground mines, including
				mine openings to the surface within the proposed permit and adjacent
				areas;
(6) Location and extent of
				subsurface water, if encountered, within the proposed permit or adjacent
				areas;
(7) Location of surface
				water bodies such as streams, lakes, ponds, springs, constructed or natural
				drains, and irrigation ditches within the proposed permit and adjacent
				areas;
(8) Location and extent of
				existing or previously surface- mined areas within the proposed permit
				area;
(9) Location and dimensions
				of existing areas of spoil, waste, and noncoal waste disposal, dams,
				embankments, other impoundments, and water treatment and air pollution control
				facilities within the proposed permit area;
(10) Location, and depth if available, of gas
				and oil wells within the proposed permit area and water wells in the permit
				area and adjacent area;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter provides the minimum requirements for the
				  Secretary's approval of regulatory program provisions for the mining operations
				  and reclamation plan portions of applications for permits for surface mining
				  activities, except to the extent that different requirements for those plans
				  are established under Subchapter 33 of this Chapter.
Amended at 12 Ok Reg
				  3592, eff 10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to insure that the
				  Department is provided with comprehensive and reliable information on proposed
				  surface mining activities, and to ensure that those activities are allowed to
				  be conducted only in compliance with the Act, this Chapter, and the regulatory
				  program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) It is the
				responsibility of the applicant to provide to the Department all of the
				information required by this Subchapter, except where specifically exempted in
				this Subchapter.
(b) It is the
				responsibility of State and Federal governmental agencies to provide
				information to the Department where specifically required in this
				Subchapter.
Amended at 12 Ok Reg
				  3592, eff 10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-4 - Operation plan: general requirements

Current through Vol. 41, No. 20, July 1, 2024
Each application shall contain a description of the mining
				  operations proposed to be conducted during the life of the mine within the
				  proposed permit area, including, at a minimum, the following:
(1) A narrative description of the type and
				method of coal mining procedures and proposed engineering techniques,
				anticipated annual and total production of coal, by tonnage, and the major
				equipment to be used for all aspects of those operations; and
(2) A narrative explaining the construction,
				modification, use, maintenance, and removal of the following facilities (unless
				retention of such facilities is necessary for postmining land use as specified
				in Section
				460:20-43-51.
(A) Dams, embankments, and other
				impoundments;
(B) Overburden and
				topsoil handling and storage areas and structures;
(C) Coal removal, handling, storage,
				cleaning, and transportation areas and structures;
(D) Spoil, coal processing waste, and noncoal
				waste removal, handling, storage, transportation, and disposal areas and
				structures;
(E) Mine facilities;
				and
(F) Water and air pollution
				control facilities.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-5 - Operation plan: existing structures

Current through Vol. 41, No. 20, July 1, 2024
(a) Each application shall contain a
				description of each existing structure proposed to be used in connection with
				or to facilitate the surface coal mining and reclamation operation. The
				description shall include-
(1)
				Location;
(2) Plans of the
				structure which describe its current condition;
(3) Approximate dates on which construction
				of the existing structure was begun and completed; and
(4) A showing, including relevant monitoring
				data or other evidence, of whether the structure meets the performance
				standards (Permanent Program Standards) of this Chapter or if the structure
				does not meet the performance standards of this Chapter, a showing of whether
				the structure meets the performance standards of the interim program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-6 - Operation plan: blasting

Current through Vol. 41, No. 20, July 1, 2024
(a)
Blasting plan.
Each application shall contain a blasting plan for
				the proposed permit area, explaining how the applicant will comply with the
				requirements of Sections
				460:20-43-18
				through
				460:20-43-23
				of this Chapter. This plan shall include, at a minimum, information setting
				forth the limitations the operator will meet with regard to ground vibration
				and airblast, the bases for those limitations, and the methods to be applied in
				controlling the adverse effects of blasting operations.
(b)
Monitoring system.
Each
				application shall contain a description of any system to be used to monitor
				compliance with the standards of Section
				460:20-43-22
				including the type, capability, and sensitivity of any blast-monitoring
				equipment and proposed procedures and locations of monitoring.
(c)
Blasting near underground
				mines.
Blasting operations within 500 feet of active underground mines
				require approval of the State and Federal regulatory authorities concerned with
				the health and safety of underground miners.
(d)
Electronic blasting
				detonation.
(1)
Definitions.
As used in this Subsection only:
(A)
"Blasting site"
means the
				area within fifty (50) feet, or any alternative distance provided in the
				blasting plan of the approved permit on file, of any holes loaded with
				explosives, blasting agents or detonators.
(B)
"Blasting area"
means the
				area where flying rock may be considered dangerous, which shall be determined
				by the certified blaster.
(C)
"Loadedhole"
means one that contains explosives or blasting agents
				with a primer where the hole has been stemmed and has a short length of
				connecting wire sticking out but does not have a firing device
				connected.
(D)
"Charged
				hole"
means one that contains explosives or blasting agents with a
				primer where the hole has been tamped with a short length of connecting device
				sticking out and it does have a firing device connected.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-7 - Operation plan: maps and plans

Current through Vol. 41, No. 20, July 1, 2024
Each application shall contain maps and plans as
				  follows:
(1) The maps and plans shall
				show the lands proposed to be affected throughout the operation and any change
				in a facility or feature to be caused by the proposed operations, if the
				facility or feature was shown under Sections
				460:20-25-10
				through
				460:20-25-11
				of this Chapter.
(2) The following
				shall be shown for the proposed permit area:
(A) Buildings, utility corridors, and
				facilities to be used;
(B) The area
				of land to be affected within the proposed permit area, according to the
				sequence of mining and reclamation;
(C) Each area of land for which a performance
				bond or other equivalent guarantee will be posted under Subchapter 37 of this
				Chapter;
(D) Each coal storage,
				cleaning, and loading area;
(E)
				Each topsoil, spoil, coal waste, and noncoal waste storage area;
(F) Each water diyersion, collection,
				conveyance, treatment, storage, and discharge facility to be used;
(G) Each air pollution collection and control
				facility;
(H) Each source of waste
				and each waste disposal facility relating to coal processing or pollution
				control;
(I) Each facility to be
				used to protect and enhance fish and wildlife and related environmental
				values;
(J) Each explosives storage
				and handling facility; and
(K)
				Location of each sedimentation pond, permanent water impoundment, coal
				processing waste bank, and coal processing waste dam and embankment, in
				accordance with Section
				460:20-27-14,
				and fill area for the disposal of excess spoil in accordance with Section
				460:20-27-19.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-8 - Air pollution control plan

Current through Vol. 41, No. 20, July 1, 2024
(a) For all surface mining activities with
				projected production rates exceeding 1,000,000 tons of coal per year and
				located west of the 100th meridian west longitude, the application shall
				contain an air pollution control plan which includes the following:
(1) An air quality monitoring program to
				provide sufficient data to evaluate the effectiveness of the fugitive dust
				control practices proposed under (a) (2) of this Section to comply with Federal
				and State air quality standards; and
(2) A plan for fugitive dust control
				practices as required under Section
				460:20-43-34
				of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plans › Section 460:20-27-9 - Fish and wildlife plan

Current through Vol. 41, No. 20, July 1, 2024
(a)
Resource information.
Each application shall include fish and
				wildlife resource information for the permit area and adjacent area.
(1) The scope and level of detail for such
				information shall be determined by the Department in consultation with State
				and Federal agencies with responsibilities for fish and wildlife and shall be
				sufficient to design the protection and enhancement plan required under (b) of
				this Section.
(2) Site-specific
				resource information necessary to address the respective species or habitats
				shall be required when the permit area or adjacent area is likely to include:
(A) Listed or proposed endangered or
				threatened species of plants or animals or their critical habitats listed by
				the Secretary under the Endangered Species Act of 1973, as amended ( 16 U.S.C.
				1531 et seq.), or those species or habitats protected by similar State
				statutes;
(B) Habitats of unusually
				high value for fish and wildlife such as important streams, wetlands, riparian
				areas, cliffs supporting raptors, areas offering special shelter or protection,
				migration routes, or reproduction and wintering areas; or
(C) Other species or habitats identified
				through agency consultation as requiring special protection under State or
				Federal law.