Ill. Admin. Code tit. 62, § 1772.12 - Permit Requirements for Exploration Removing More Than 250 Tons of Coal
a) 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 62 Ill. Adm. Code 1761
through 1764 shall before conducting the exploration submit an application and
obtain written approval from the Department in an exploration permit.
b) 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 be responsible for, conducting the exploration;
3) A narrative and map 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 time table 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 amounts;
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, and
D) Any other information which the Department
may require regarding known or unknown historic or archeological resources,
based upon consultation with the Illinois State Historic Preservation
Agency;
9) A description
of any endangered or threatened species listed pursuant to the Endangered
Species Act of 1973 (
16
USC 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 62 Ill. Adm. Code 1815;
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 1:24,000 or larger, showing the areas of 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 location 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;
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
USC 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; and
14) For any lands
listed in 62 Ill. Adm. Code
1761.11,
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 62 Ill. Adm. Code 1761.11, 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 62 Ill. Adm. Code
1761.11.
c) Public
notice of the application and opportunity to comment shall be provided as
follows:
1) Within 5 days, the applicant
shall provide public notice of the filing of an administratively complete
application with the Department in a newspaper of general circulation which is
on the Department's list of approved newspapers in the county of the proposed
exploration area;
2) The public
notice shall state the name and address of the person seeking approval, the
date of filing of the application, the address of the Department where written
comments on the application may be submitted, the closing date of the comment
period, and a description of the general area of exploration. In no case shall
the public comment period be less than 30 days;
3) Any person with an interest which is or
may be adversely affected shall have the right to file written comments on the
application within the specified public comment period.
d) Decision on an application for exploration
removing more than 250 tons of coal.
1) The
Department shall act upon an administratively complete application for a coal
exploration permit and any written comments within 60 days after the close of
the public comment period. The approval of a coal exploration permit may be
based only on a complete and accurate application.
2) The Department shall approve a complete
and accurate application for a coal exploration permit filed in accordance with
this Part, if it finds, in writing, that the applicant has demonstrated that
the exploration and reclamation described in the application will:
A) Be conducted in accordance with the
Surface Mining Control and Reclamation Act of 1977 (
30 USC
1201 et seq.) (Act), 62 Ill. Adm. Code 1815,
this Part and the regulatory program;
B) Not jeopardize the continued existence of
an endangered or threatened species listed pursuant to Section 4 of the
Endangered Species Act of 1973 (
16 USC
1533 ) or result in the destruction or
adverse modification of critical habitat of those species as defined in Section
3 of the Endangered Species Act of 1973 (
16
USC 1532 );
C) Not adversely affect any cultural or
historic resources listed on the National Register of Historic Places, pursuant
to the National Historic Preservation Act, as amended (
16 USC 470
et seq., 1976, Supp. V), unless the proposed exploration has been approved by
the Department and the Illinois Historic Preservation Agency; and
D) With respect to exploration activities on
any lands protected under 62 Ill. Adm. Code 1761.11, minimize interference, to
the extent technologically and economically feasible, with the values for which
those lands were designated as unsuitable for surface coal mining operations.
Before making this finding, the Department must provide reasonable opportunity
to the owner of the feature causing the land to come under the protection of 62
Ill. Adm. Code 1761.11, and, when applicable, to the agency with primary
jurisdiction over the feature with respect to the values that caused the land
to come under the protection of 62 Ill. Adm. Code 1761.11, to comment on
whether the finding is appropriate.
3) Terms of approval. Each approval issued by
the Department shall contain conditions necessary to ensure that the
exploration and reclamation will be conducted in compliance with the Act, this
Part, 62 Ill. Adm. Code 1815, and the regulatory program.
e) Notice and review.
1) The Department shall notify the applicant,
the appropriate local government officials, and other commentors on the
application in writing, of its decision on the application. If the application
is disapproved, the notice to the applicant shall include a statement of the
reason for disapproval. Public notice of the decision on each application shall
be posted by the Department at a public office in the vicinity of the
exploration operations.
2) Any
person with an interest which is or may be adversely affected by a decision of
the Department pursuant to subsection (e)(1), shall have the opportunity for
administrative and judicial review as set forth in 62 Ill. Adm. Code
1847.3.
Notes
Amended at 29 Ill. Reg. 8348, effective May 27, 2005
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.