30 CFR 773.15 - What findings must the regulatory authority make before approving a permit application?
The regulatory authority may not approve any application for a permit or a significant revision of a permit that you, the applicant, submit unless the application affirmatively demonstrates and the regulatory authority finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, that -
(c) The proposed permit area is not within an area -
(1) Under study or administrative proceedings under a petition filed pursuant to part 764 or part 769 of this chapter to have an area designated as unsuitable for surface coal mining operations, unless you demonstrate that you made substantial legal and financial commitments before January 4, 1977, in relation to the operation covered by the permit application;
(2) Designated under parts 762 and 764 or 769 of this chapter as unsuitable for the type of surface coal mining operations that you propose to conduct; or
(3) Subject to the prohibitions of § 761.11 of this chapter, unless one or more of the exceptions provided under that section apply.
(d) For mining operations where the private mineral estate to be mined has been severed from the private surface estate, you have submitted to the regulatory authority the documentation required under § 778.15(b) of this chapter.
(e) The regulatory authority has -
(2) Determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.
(h) You have satisfied the applicable requirements of part 785 of this chapter.
(i) If applicable, you have satisfied the requirements for approval of a long-term, intensive agricultural postmining land use.
(1) You have provided documentation that the proposed surface coal mining and reclamation operations would have no effect on species listed or proposed for listing as threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. 1531et seq., or on designated or proposed critical habitat under that law; or
(2) You and the regulatory authority have documented compliance with a valid biological opinion that covers issuance of permits for surface coal mining operations and the conduct of those operations under the applicable regulatory program; or
(k) The regulatory authority has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources or a documented decision that the regulatory authority has determined that no additional protection measures are necessary.
(l) For a proposed remining operation where you intend to reclaim in accordance with the requirements of § 816.106 or § 817.106 of this chapter, the site of the operation is a previously mined area, as that term is defined in § 701.5 of this chapter.
(n) You have demonstrated, and the regulatory authority concurs, that -
(1) The operation has been designed to prevent the formation of toxic mine drainage that would require long-term treatment after mining has been completed.
(2) A thorough analysis of all available evidence supports a conclusion that the design of the proposed operation will work as intended to prevent the formation of discharges that would require long-term treatment after mining has been completed. If a study or other evidence supports a contrary conclusion, you must explain why that study or other evidence is not credible or applicable to the proposed operation.
(o) To the extent possible using the best technology currently available, the proposed operation has been designed to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and to achieve enhancement of those resources where practicable, as required under § 780.16 or § 784.16 of this chapter.
- 30 CFR 780.16 — What Must I Include in the Fish and Wildlife Protection and Enhancement Plan?
- 30 CFR 701.11 — Applicability.
- 30 CFR 773.12 — Permit Eligibility Determination.
- 30 CFR 784.16 — What Must I Include in the Fish and Wildlife Protection and Enhancement Plan?
- 30 CFR 774.13 — Permit Revisions.
- 30 CFR 773.20 — What Actions Must the Regulatory Authority Take When a Permit Is Issued on the Basis of Inaccurate Information?
- 30 CFR 783.26 — May I Submit Permit Application Information in Increments as Mining Progresses?