Kan. Admin. Regs. § 47-12-4 - Lands unsuitable for surface mining; adoption by reference
(a) The following federal regulations, as in
effect on July 1, 2012, are adopted by reference, except as otherwise specified
in this regulation:
(1) Definitions,
30
C.F.R. 761.5, except that the statement
"we, us, and our refer to the office of
surface mining reclamation and enforcement" shall be replaced by " 'we,' 'us,'
and 'our' refer to the Kansas department of health and environment" and the
phrase "or its State program counterpart" shall be deleted;
(2) areas where surface coal mining
operations are prohibited or limited,
30
C.F.R. 761.11, deleting subsection
(b);
(3) exception for existing
operations,
30 C.F.R.
761.12, deleting subsection (b);
(4) procedures for relocating or closing a
public road or waiving the prohibition on surface coal mining operations within
the buffer zone of a public road,
30
C.F.R. 761.14;
(5) procedures for waiving the prohibition on
surface coal mining operations within the buffer zone of an occupied dwelling,
30
C.F.R. 761.15;
(6) submission and processing of requests for
valid existing rights determinations,
30
C.F.R. 761.16;
(7) regulatory authority obligations at time
of permit application review,
30
C.F.R. 761.17;
(8) interpretive rule related to subsidence
due to underground coal mining in areas designated by act of congress,
30
C.F.R. 761.200;
(9) definitions,
30
C.F.R. 762.5;
(10) criteria for designating lands as
unsuitable,
30 C.F.R.
762.11;
(11) additional criteria,
30 C.F.R.
762.12. "Secretary" shall mean the "secretary
of the United States department of interior" and "subchapter C of this chapter"
shall mean "30 C.F.R. Parts 730, 731, 732, 733, 735, and 736";
(12) land exempt from designation as
unsuitable for surface coal mining operations,
30
C.F.R. 762.13;
(13) applicability to lands designated as
unsuitable by congress,
30
C.F.R. 762.14;
(14) exploration on land designated as
unsuitable for surface coal mining operations,
30
C.F.R. 762.15;
(15) petitions,
30
C.F.R. 764.13;
(16) initial processing, recordkeeping, and
notification requirements,
30
C.F.R. 764.15;
(17) hearing requirements,
30 C.F.R.
764.17;
(18) decision,
30
C.F.R. 764.19;
(19) data base and inventory system
requirements,
30 C.F.R.
764.21;
(20) public information,
30 C.F.R.
764.23; and
(21) regulatory authority responsibility for
implementation,
30 C.F.R.
764.25.
(b) The following phrases and citations shall
be replaced with the phrases and citations specified in this subsection
wherever the phrases and citations appear in the text of the federal
regulations adopted by reference in this regulation:
(1)
(A)
"Act" shall be replaced by "state act."
(B) "Federal Register" shall be replaced by
"Kansas Register."
(C) "Subchapter
B of this chapter" shall be replaced by "K.A.R.
47-9-4."
(D) "Subchapter G of this chapter" shall be
replaced by "K.A.R.
47-3-42,
K.A.R.
47-6-2,
K.A.R.
47-6-3, 476-4, and
K.A.R.
47-7-2."
(E) "This chapter" shall be replaced by
"these regulations."
(F) "This
part" and "this subchapter" shall be replaced by " K.A.R.
47-12-4."
(2)
(A) "Part 761, 762, or 764 of this chapter"
shall be replaced by " K.A.R. 47-12-4."
(B) "Part 772 of this chapter" shall be
replaced by "K.A.R.
47-7-2."
(C) "Section 522 of the Act" and "section
522(e) of the Act" shall be replaced by "K.S.A. 49-405b, and amendments thereto."
(D) "Section 526(e) of the Act and
§775.13 of this chapter" shall be replaced by "K.S.A. 49-422a and K.S.A. 49426, and amendments
thereto."
(E) "Section 701(28) of
the act" shall be replaced by "K.S.A. 49-403(r), and amendments
thereto."
(F) "Section 701(28) of
the Act and §700.5 of this chapter" shall be replaced by "K.S.A. 49-403(r), and amendments
thereto, and
K.A.R.
47-2-75(a)."
(G) "Parts 764 and 769 of this chapter" shall
be replaced by " K.A.R. 47-12-4(a)(15) through (21)."
(H) "Sections 522(a)(2) and (3) of the Act"
shall be replaced by "K.S.A. 49-405b(a)(1) and (2), and
amendments thereto."
(3)
(4)
(A)
"§700.5 of this chapter" shall be replaced by "K.A.R.
47-2-75(a)."
(B) "§761.5," "paragraph (a) of the
definition of valid existing rights in §761.5," "paragraph (b) of the
definition of valid existing rights in §761.5," "paragraph (b)(1) of the
definition of valid existing rights in §761.5," "paragraph (c)(2) of the
definition of valid existing rights in §761.5," "paragraphs (a), (c)(1)
and (c)(2) of the definition of valid existing rights in §761.5,"
"paragraphs (b), (c)(1) and (c)(2) of the definition of valid existing rights
in §761.5," and "paragraphs (c)(1) through (c)(3) of the definition of
valid existing rights in §761.5" shall be replaced by "the definition of
valid existing rights in K.A.R. 47-12-4(a)(1)."
(C) "§761.11," "§761.11 of this
chapter," "§761.11(d) (1)," "§761.11(e)(2)," "§761.11(a) or
(b)," "§761.11(c)," "§761.11(a)," and "§761.11(f) or (g)" shall
be replaced by " K.A.R. 47-12-4(a)(2)."
(D) "§761.11 and
30 U.S.C.
1272(e)" shall be replaced
by " K.A.R. 47-12-4(a)(2) and
K.S.A.
49-405b and
49-406(f),
and amendments thereto."
(E)
"§761.12" shall be replaced by " K.A.R. 47-12-4(a)(3)."
(F) "§761.14" shall be replaced by "
K.A.R. 47-12-4(a)(4)."
(G)
"§761.15" shall be replaced by " K.A.R. 47-12-4(a)(5)."
(H) "§761.16" shall be replaced by "
K.A.R. 47-12-4(a)(6)."
(I)
"§761.17(d)" shall be replaced by " K.A.R. 47-12-4(a)(7)."
(J) "§762.11(b) of this chapter,"
"§762.11(a) of this chapter," and "§762.11 of this chapter" shall be
replaced by " K.A.R. 47-12-4(a)(10)."
(K) "§764.13(b) or (c)" and
"§764.13(a)" shall be replaced by " K.A.R. 47-12-4(a)(15)."
(L) "§764.17" and "§764.17(e)"
shall be replaced by " K.A.R. 47-12-4(a)(17)."
(M) "§764.21" shall be replaced by "
K.A.R. 47-12-4(a)(19)."
(N)
"§773.13(d) of this chapter" shall be replaced by "K.A.R.
47-3-42(a)(9)."
(O) "§779.24(c) or §783.24(c) of
this chapter" shall be replaced by "K.A.R.
47-3-42(a)(38) or
K.A.R.
47-10-1(a)(1)(G)."
(P) "§840.14 or §842.16 of this
chapter" shall be replaced by "K.A.R.
47-15-1a(a)(2)."
(Q) "§§761.13 through 761.15" shall
be replaced by " K.A.R. 47-12-4(a)(4) and (5)."
(R) "§§775.11 and 775.13 of this
chapter" shall be replaced by "K.S.A. 49-407(d),
K.S.A. 49-416a,
K.S.A. 49-422a, and amendments thereto, and article
4 of these regulations."
Notes
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