Kan. Admin. Regs. § 47-3-42 - Application for mining permit; adoption by reference
(a) The following federal regulations, as in
effect on July 1, 2012, are adopted by reference, except for the additions and
deletions specified:
(1) Applicability,
30
C.F.R. 701.11 subsections (d) and (e) only.
Subsections (a), (b), (c), and (f) shall be deleted, and the word "Act" shall
be replaced by "state act";
(2)
public participation in permit processing,
30 C.F.R.
773.6. The phrase "developed in accordance
with section 503(a)(6) or section 504(h) of the Act, or §773.5" in
30 C.F.R.
773.6(a)(3)(ii) and the
sentence "The requirements of section 5 of the administrative procedure act, as
amended (5
U.S.C. 554), shall not apply to the conduct
of the informal conference." in
30 C.F.R.
773.6(c)(2)(iv) shall be
deleted;
(3) review of permit
applications,
30
C.F.R. 773.7, except that the 60-day period
for decision shall be replaced by a 30-day period;
(4) general provisions for review of permit
application information and entry of information into AVS,
30
C.F.R. 773.8;
(5) review of applicant and operator
information,
30 C.F.R.
773.9;
(6) review of permit history,
30 C.F.R.
773.10;
(7) review of compliance history,
30 C.F.R.
773.11, except that the word "Act" shall be
replaced by "state act";
(8) permit
eligibility determination,
30 C.F.R.
773.12;
(9) unanticipated events or conditions at
remining sites,
30 C.F.R.
773.13;
(10) eligibility for provisionally issued
permits,
30 C.F.R.
773.14;
(11) written findings for permit application
approval,
30
C.F.R. 773.15. In subsections (a) and (b),
the word "Act" shall be replaced by "state act." The phrases "parts 764 and 769
of this chapter" and "parts 762 and 764 or 769 of this chapter" shall be
replaced by "K.A.R.
47-12-4 ";
(12) performance bond submittal,
30 C.F.R.
773.16;
(13) permit issuance and right of renewal,
30 C.F.R.
773.19. The clause "unless the requirements
of 778.17 of this chapter are met" shall be deleted;
(14) initial review and finding requirements
for improvidently issued permits,
30
C.F.R. 773.21;
(15) notice requirements for improvidently
issued permits,
30 C.F.R.
773.22;
(16) suspension or rescission requirements
for improvidently issued permits,
30
C.F.R. 773.23;
(17) who may challenge ownership or control
listings and findings,
30
C.F.R. 773.25;
(18) how to challenge an ownership or control
listing or finding,
30
C.F.R. 773.26, except that in subsection (a),
the phrase "as identified in the following table" and the table shall be
deleted. The word "Act" shall be replaced by "state act";
(19) burden of proof for ownership or control
challenges,
30 C.F.R.
773.27;
(20) written agency decision on challenges to
ownership or control listings or findings,
30
C.F.R. 773.28;
(21) Certifying and updating existing permit
application information,
30
C.F.R. 778.9;
(22) providing applicant and operator
information,
30 C.F.R.
778.11;
(23) providing permit history information,
30 C.F.R.
778.12;
(24) providing property interest information,
30 C.F.R.
778.13;
(25) providing violation information,
30 C.F.R.
778.14;
(26) right-of-entry information,
30 C.F.R.
778.15;
(27) status of unsuitability claims,
30 C.F.R.
778.16, except that the phrase "parts 762,
764, and 769 of this chapter" shall be replaced by "K.A.R.
47-12-4";
(28) permit term,
30
C.F.R. 778.17;
(29) insurance,
30
C.F.R. 778.18;
(30) proof of publication,
30 C.F.R.
778.21;
(31) facilities or structures used in common,
30 C.F.R.
778.22;
(32) responsibilities,
30
C.F.R. 779.4. The phrase "this part" shall be
replaced by " K.A.R. 47-3-42(a)(32) through (39) ";
(33) general requirements,
30
C.F.R. 779.11;
(34) general environmental resources
information,
30
C.F.R. 779.12;
(35) climatological information,
30
C.F.R. 779.18;
(36) vegetation information,
30
C.F.R. 779.19, except that the phrase "if
required by the regulatory authority" shall be deleted;
(37) soil resources information,
30
C.F.R. 779.21;
(38) maps: general requirements,
30
C.F.R. 779.24;
(39) cross sections, maps, and plans,
30 C.F.R.
779.25;
(40) responsibilities,
30
C.F.R. 780.4. The phrase "this part" shall be
replaced by " K.A.R. 47-3-42(a)(40) through (59) ";
(41) operation plan: general requirements,
30
C.F.R. 780.11;
(42) operation plan: existing structures,
30 C.F.R.
780.12;
(43) operation plan: blasting,
30
C.F.R. 780.13;
(44) operation plan: maps and plans,
30
C.F.R. 780.14;
(45) air pollution control plan,
30
C.F.R. 780.15, except that the phrase "if
required by the regulatory authority" shall be deleted;
(46) fish and wildlife information,
30
C.F.R. 780.16;
(47) reclamation plan: general requirements,
30
C.F.R. 780.18;
(48) hydrologic information,
30
C.F.R. 780.21;
(49) geologic information,
30
C.F.R. 780.22;
(50) reclamation plan: land use information,
30
C.F.R. 780.23;
(51) reclamation plan: siltation structures,
impoundments, and refuse piles,
30
C.F.R. 780.25;
(52) reclamation plan: surface mining near
underground mining,
30
C.F.R. 780.27;
(53) activities in or adjacent to perennial
or intermittent streams,
30
C.F.R. 780.28;
(54) diversions,
30
C.F.R. 780.29;
(55) protection of publicly owned parks and
historic places,
30
C.F.R. 780.31, except that the word "may"
shall be changed to "shall";
(56)
relocation or use of public roads,
30
C.F.R. 780.33;
(57) disposal of excess spoil,
30
C.F.R. 780.35;
(58) road systems,
30
C.F.R. 780.37;
(59) support facilities,
30
C.F.R. 780.38;
(60) experimental practices mining,
30 C.F.R.
785.13, except that the word "Act" shall be
replaced by "state act";
(61) prime
farmland,
30 C.F.R. 785.17.
The last sentence in
30 C.F.R.
785.17(c)(1)(i) shall be
deleted;
(62) variances for delay
in contemporaneous reclamation requirement in combined surface and underground
mining activities,
30
C.F.R. 785.18, except that in subsections
(b)(3) and (7), the word "Act" shall be replaced by "state act";
(63) augering,
30
C.F.R. 785.20;
(64) coal preparation plants not located
within the permit area of a mine,
30
C.F.R. 785.21, except that subsections (d)
and (e) shall be deleted;
(65) in
situ processing activities,
30 C.F.R.
785.22; and
(66) lands eligible for remining,
30
C.F.R. 785.25.
(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) "By a reviewing administrative or
judicial tribunal" shall be replaced by "by an administrative or a judicial
review of an agency action concerning the aforementioned Kansas department of
health and environment determination."
(C) "Central office of the applicable state
regulatory authority, if any" shall be replaced by "the Kansas department of
health and environment, surface mining section."
(D) "Office of hearings and appeals or its
state counterpart" shall be replaced by "office of administrative
hearings."
(E) "Rule 4 of the
federal rules of civil procedure, or its state regulatory program counterparts"
shall be replaced by "K.A.R.
47-4-14a."
(F) "Subchapter B (Interim Program Standards)
of this chapter" and "subchapter B of this chapter" shall be replaced by "K.A.R.
47-9-4."
(H) "Subchapter J of this chapter,"
"subchapter J," and "part 800 of this chapter" shall be replaced by "article 8
of these regulations."
(I)
"Subchapter K (Permanent Program Standards) of this chapter," "subchapter K,"
and "subchapter K of this chapter" shall be replaced by "K.A.R.
47-9-1."
(J) "Subchapter R of this chapter" shall be
replaced by "the office."
(K) "The
procedures at
43 CFR
4.1370 through
4.1377
(when OSM is the regulatory authority) or under the State regulatory program
equivalent (when a State is the regulatory authority)" shall be replaced by "K.A.R.
47-4-14a."
(L) "This chapter," "this subchapter," "this
part," and "subchapter G of this chapter" shall be replaced by "these
regulations."
(2)
(A) "Part 775 of this chapter" and "part 775
of this subchapter" shall be replaced by "K.S.A. 49-407(d),
49-416a,
and
49-422a, and
amendments thereto, and article 4 of these regulations."
(B) "Part 785 of this chapter" shall be
replaced by " K.A.R. 47-3-42(a)(60) through (66)."
(C) "Part 816" and "part 816 of this chapter"
shall be replaced by "K.A.R.
47-9-1(c)."
(D) "Part 823 of this chapter" and " 30 CFR
part 823 " shall be replaced by "K.A.R.
47-9-1(f)."
(E) "Part 827 of this chapter" shall be
replaced by "K.A.R.
47-9-1(g)."
(F) "Section 508 of the Act" shall be
replaced by "K.S.A. 49-406, and amendments thereto."
(G) "Section 510(c) of the Act" shall be
replaced by "K.S.A. 49-407(b), and amendments
thereto."
(H) "Section 515 of the
Act," "section 515(b) of the Act," "section 515 (b)(22) of the Act," and
"sections 515 and 516 of the Act" shall be replaced by "K.S.A. 49-405a,
49-408 through
49-413,
and
49-429,
and amendments thereto."
(I)
"Section 515(b)(16) of the Act" shall be replaced by "K.S.A. 49-429, and amendments
thereto."
(3)
(C) "30 CFR
780.12 or
784.12" shall be replaced by " K.A.R. 47-3-42(a)(42) or
K.A.R.
47-10-1(a)(2)(C)."
(G) "30
CFR 816.22," "§816.22 of this chapter,"
and "§816.22(b) of this chapter" shall be replaced by "K.A.R.
47-9-1(c)(5)."
(J) " 30 CFR 816.71-816.74 " and
"§§816.71 through 816.74 of this chapter" shall be replaced by "K.A.R.
47-9-1(c)(22) through (23)."
(Q) "30 CFR part 819" shall be replaced by "K.A.R.
47-9-1(e)."
(R) "30 CFR part 828" shall be replaced by "K.A.R.
47-9-1(h)."
(S) "30 CFR parts 817 and 828" shall be
replaced by "K.A.R. 47-9-1(d) and (h)."
(4)
(A) "§701.5 of this chapter" shall be
replaced by "K.A.R.
47-2-75(b)."
(B) "§701.11(d)" shall be replaced by "
K.A.R. 47-3-42(a)(1)."
(C)
"§761.11 of this chapter" shall be replaced by "K.A.R.
47-12-4(a)(2)."
(D) "§761.12(d) of this chapter" shall
be replaced by "K.A.R.
47-12-4(a)(3)."
(E) "§761.14(c) of this chapter" shall
be replaced by "K.A.R.
47-12-4(a)(4)."
(F) "§761.14 or §761.15 of this
chapter" shall be replaced by "K.A.R.
47-12-4(a)(4) or (5)."
(G) "§761.16 of this chapter" shall be
replaced by "K.A.R.
47-12-4(a)(6)."
(H) "§761.17(d) of this chapter" shall
be replaced by "K.A.R.
47-12-4(a)(7)."
(I) "§762.13(c) of this chapter" shall
be replaced by "K.A.R.
47-12-4(a)(12)."
(J) "§773.6(d)(3)(ii) of this chapter,"
"§773.6(a)(1) of this chapter," and "§773.6 of this chapter" shall be
replaced by " K.A.R. 47-3-42(a)(2)."
(K) "§773.12 of this part" and
"§773.12" shall be replaced by " K.A.R. 47-3-42(a)(8)."
(L) "§773.13" and "§773.13(c)"
shall be replaced by " K.A.R. 47-3-42(a)(9)."
(M) "§773.14(b) of this part" and
"§§773.14(c)(1) through (4)" shall be replaced by " K.A.R.
47-3-42(a)(10)."
(N) "§773.19
of this part" shall be replaced by " K.A.R. 47-3-42(a)(13)."
(O) "§773.21(d) of this part" and
"paragraphs (a) and (b) §773.21 of this part" shall be replaced by "
K.A.R. 47-3-42(a)(14)."
(P)
"§773.22(b) or (c) of this part" and "§773.22(e) of this part" shall
be replaced by " K.A.R. 47-3-42(a)(15)."
(Q) "§773.23 of this part" shall be
replaced by " K.A.R. 47-3-42(a)(16)."
(R) "§773.26(a) of this part" shall be
replaced by " K.A.R. 47-3-42(a)(18)."
(S) "§773.27(b) of this part" shall be
replaced by " K.A.R. 47-3-42(a)(19)."
(T) "§774.11(c) of this subchapter,"
"§774.11(f) of this subchapter," and "§774.11(g) of this subchapter"
shall be replaced by "K.A.R.
47-6-11(a)(1)."
(U) "§774.13 of this chapter" and
"§774.13" shall be replaced by "K.A.R.
47-6-2."
(V) "§774.15" shall be replaced by "K.A.R.
47-6-3."
(W) "§778.9(d) of this subchapter" shall
be replaced by " K.A.R. 47-3-42(a)(21)."
(X) "§778.11 of this subchapter,"
"§§778.11(c)(5) and 778.11(d) of this subchapter," and
"§778.11(c)(5) of this subchapter" shall be replaced by " K.A.R.
47-3-42(a)(22)."
(Y) "§778.12
of this subchapter" shall be replaced by " K.A.R. 47-3-42(a)(23)."
(Z) "§778.14 of this subchapter" shall
be replaced by " K.A.R. 47-3-42(a)(25)."
(AA) "§778.15(b) of this chapter" shall
be replaced by " K.A.R. 47-3-42(a)(26)."
(BB) "§779.25 of this chapter" shall be
replaced by " K.A.R. 47-3-42(a)(39)."
(CC) "§780.16(b) and 816.97(a) of this
chapter" shall be replaced by " K.A.R. 47-3-42(a)(46) and
K.A.R.
47-9-1(c)(31)."
(DD) "§780.21(h) and 816.41(d)(1) of
this chapter" shall be replaced by " K.A.R. 47-3-42(a)(48) and 47-9 -
1(c)(6)."
(EE) "§780.25 of
this part" shall be replaced by " K.A.R. 47-3-42(a)(51)."
(FF) "§780.29 of this part and
§816.43" shall be replaced by " K.A.R. 47-3-42(a)(54) and
K.A.R.
47-9-1(c)(8)."
(GG) "§780.35 of this part" shall be
replaced by " K.A.R. 47-3-42(a)(57)."
(HH) "§785.13" shall be replaced by "
K.A.R. 47-3-42(a)(60)."
(II)
"§785.21 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(64)."
(JJ) "§785.25 of this
subchapter" and "§785.25 of this chapter" shall be replaced by " K.A.R.
47-3-42(a)(66)."
(KK) "§800.60
of this chapter" shall be replaced by "K.A.R.
47-8-9(a)(15)."
(LL) "§816.46 of this chapter" shall be
replaced by "K.A.R.
47-9-1(c)(10)."
(MM) "§816.49 of this chapter" and
"§816.49(a)(4)(ii) of this chapter" shall be replaced by "K.A.R.
47-9-1(c)(12)."
(NN) "§816.57(a)(1) of this chapter,"
"paragraphs (b) and (c) of §816.57 of this chapter," "paragraphs (b)(2)
through (b) (4) of §816.57 of this chapter," and "§816.57(a)(2) of
this chapter," shall be replaced by "K.A.R.
47-9-1(c)(14)."
(OO) "§816.67" shall be replaced by "K.A.R. 47-9-1(c) (20)."
(PP) "§816.71(d) of this chapter" shall
be replaced by "K.A.R.
47-9-1(c)(22)."
(QQ) "§816.74 of this chapter" shall be
replaced by "K.A.R.
47-9-1(c)(23)."
(RR) "§816.97 of this chapter" shall be
replaced by "K.A.R.
47-9-1(c)(31)."
(SS) "§816.100 of this chapter" shall be
replaced by "K.A.R.
47-9-1(c)(33)."
(TT) "§816.106 or §817.106 of this
chapter" shall be replaced by "K.A.R.
47-9-1(c)(38) or (d) ( 34)
."
(WW) "§816.150(d)(1) of this chapter"
shall be replaced by "K.A.R.
47-9-1(c)(46)."
(XX) "§816.151(b) of this chapter,"
"§816.151(c)(2) of this chapter," "§816.151(d)(5) of this chapter,"
and "§816.151(d)(6) of this chapter" shall be replaced by "K.A.R.
47-9-1(c)(47)."
(YY) "§816.181 of this chapter" shall be
replaced by "K.A.R.
47-9-1(c)(49)."
(ZZ) "§827.13 of this chapter" shall be
replaced by "K.A.R.
47-9-1(g)(3)."
(AAA) "§842.16 of this chapter (when osm
is the regulatory authority) or under §840.14 of this chapter (when a
state is the regulatory authority)" shall be replaced by "K.A.R.
47-15-1a(a)(2)."
(BBB) "§843.12 of this chapter or the
state regulatory equivalent" shall be replaced by "K.A.R.
47-15-1a(a)(9)."
(CCC) "§843.14 of this chapter, or the
state regulatory program equivalent" shall be replaced by "K.A.R.
47-15-1a(a)(11)."
(DDD) "§§773.7 through 773.14 of
this part" shall be replaced by " K.A.R. 47-3-42(a)(3) through (10)."
(EEE) "§§773.9 through 773.11 of
this part" shall be replaced by " K.A.R. 47-3-42(a)(5) through (7)."
(FFF) "§§773.13 and 773.14 of this
part" shall be replaced by " K.A.R. 47-3-42(a)(9) and (10)."
(GGG) "§§773.21 or 774.11(f) of
this subchapter" shall be replaced by " K.A.R. 47-3-42(a)(14) and
K.A.R.
47-6-11(a)(1)."
(HHH) "§§773.22 and 773.23 of this
part" shall be replaced by " K.A.R. 47-3-42(a)(15) and (16)."
(III) "§§773.25 through 773.27 of
this part" shall be replaced by " K.A.R. 47-3-42(a)(17) through (19)."
(JJJ) "§§773.26
and 773.27 of this part" shall be replaced by " K.A.R. 47-3-42(a)(18) and (19)."
(KKK) "§§773.27
and 773.28 of this part" shall be replaced by " K.A.R. 47-3-42(a)(19) and (20)."
(LLL) "§§778.11
and 778.12(c) of this subchapter" shall be replaced by " K.A.R. 47-3-42(a)(22) and (23)."
(MMM)
"§§778.11 through 778.14 of this part" shall be replaced by " K.A.R.
47-3-42(a)(22) through (25)."
(NNN)
"§§780.25(a)(2), 780.25(a)(3), 780.35, 816.73(c), 816.74(c), and
816.81(c) of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(51) and (57) and
K.A.R. 47-9-1(c) (23) and (25)."
(OOO) "§§816.41 through 816.43"
shall be replaced by "K.A.R.
47-9-1(c)(6) through (8)."
(PPP) "§§816.61 through 816.68 of
this chapter" shall be replaced by "K.A.R.
47-9-1(c)(16) through (21)."
(QQQ) "§§816.81 and 816.83 of this
chapter" shall be replaced by "K.A.R.
47-9-1(c)(25) and (26)."
(RRR) "§§816.81 and 816.84 of this
chapter" shall be replaced by "K.A.R.
47-9-1(c)(25) and (27)."
Notes
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