(1) Permanent program performance
standards-underground mining activities requirements are found in 30 CFR Part
783 and
784, as in effect on January 1, 2018, are incorporated by reference in
this rule. Copies may be obtained by contacting the U.S. Government Publishing
Office, PO Box 979050, St. Louis, MO 63197-9000 or online at
https://www.gpo.gov. This rule does
not incorporate any subsequent amendments or additions.
(A) Each application shall contain
the following information, except that the submission of a Social Security
number is voluntary:
1. The permit applicant including
his/her telephone number, address and, as applicable, Social Security number
and employer identification number;
2. Every legal or equitable owner
of record of the areas to be affected by surface operations and facilities and
every legal or equitable owner of record of the coal to be
mined;
3. The holders of record of any
leasehold interest in areas to be affected by surface operations or facilities
and the holders of record of any leasehold interest in the coal to be
mined;
4. Any purchaser of record under a
real estate contract of areas to be affected by surface operations and
facilities and any purchaser of record under a real estate contract of the coal
to be mined;
5. The operator, if the operator
is a person different from the applicant, including his/her telephone number,
address and, as applicable, Social Security number and employer identification
number;
6. The resident agent of the
applicant who will accept service of process, including his/her telephone
number, address and, as applicable, Social Security number and employer
identification number; and
7. The person who will pay the
abandoned mine land reclamation fee, including his/her telephone number and, as
applicable, Social Security number and employer identification
number.
(B) Each application shall contain
a statement of whether the applicant is a corporation, partnership, single
proprietorship, association, or other business entity. For businesses other
than single proprietorships, the application shall contain the following
information, where applicable:
1. Names and addresses of every
officer; partner; director; member or other person performing a function
similar to a director of the applicant; person who owns, of record, ten percent
(10%) or more of the applicant or operator;
2. Name and address of any person
who is a principal shareholder of the applicant; and
3. Names under which the
applicant, partner, member, or principal shareholder, and the operator's
partners or principal shareholders operate or previously operated a surface
coal mining operation in the United States within the five (5) years preceding
the date of application.
(C) For each person who owns or
controls the applicant under the definition of owned or controlled and owns or
controls in
10 CSR
40-6.010(2)(E), as applicable each
application shall contain-
1. The person's name, address,
Social Security number, and employer identification number;
2. The person's ownership or
control relationship to the applicant, including percentage of ownership and
location in organizational structure;
3. The title of the person's
position, date position was assumed and, when submitted under
10
CSR 40-6.070(12)(E), date of
departure from the position;
4. Each additional name and
identifying number, including employer identification number, federal or state
permit number, and the Mine Safety and Health Administration (MSHA) number with
date of issuance, under which the person owns or controls, or previously owned
or controlled, a surface coal mining and reclamation operation in the United
States within the five (5) years preceding the date of the application;
and
5. The application number or other
identifier of, and the regulatory authority for, any other pending surface coal
mining operation permit application filed by the person in any state in the
United States.
(D) For any surface coal mining
operation owned or controlled by either the applicant or by any person who owns
or controls the applicant under the definition of owned or controlled and owns
or controls in
10 CSR
40-6.010(2)(E), each application
shall contain-
1. Name, address, identifying
numbers, including employer identification number, federal or state permit
number and the MSHA number, the date of issuance of the MSHA number, and the
regulatory authority; and
2. Ownership or control
relationship to the applicant, including percentage of ownership and location
in organizational structure.
(E) Each application shall contain
the names and addresses of the owners of record of all surface and subsurface
areas contiguous to any part of the proposed permit area.
(F) Each application shall contain
the name of the proposed mine and the MSHA identification number for the mine
and all sections, if any.
(G) Each application shall contain
a statement of all lands, interests in lands, options or pending bids on
interests held or made by the applicant for lands which are contiguous to the
area to be covered by the permit. If requested by the applicant, any
information required by this subsection which is not on public file pursuant to
state law shall be held in confidence by the director, as provided under
10
CSR 40-6.070(6)(C) 2.
(H) After an applicant is notified
that his/her application is approved, but before the permit is issued, the
applicant, as applicable, shall update, correct, or indicate that no change has
occurred in the information previously submitted under subsections (1)(A)-(D)
of this rule.
(I) The applicant shall submit the
information, required by this section and section (2) of this rule, in any
prescribed format that is issued by the Office of Surface Mining Reclamation
and Enforcement (OSMRE).
(2) Compliance Information. Each
application shall contain-
(A) A statement of whether the
applicant, any subsidiary, affiliate, operator, or entity which the applicant
or the applicant's operator owns or controls or which is under common control
with the applicant or the applicant's operator has-
1. Had a federal or state surface
coal mining permit suspended or revoked in the last five (5) years preceding
the date of submission of the application; or
2. Forfeited a mining bond or
similar security deposited in lieu of bond;
(B) If any such suspension,
revocation, or forfeiture has occurred, a statement of the facts involved,
including:
1. Identification number and date
of issuance of the permit or date and amount of bond or similar
security;
2. Identification of the authority
that suspended or revoked a permit or forfeited a bond and the stated reasons
for that action;
3. The current status of the
permit, bond, or similar security involved;
4. The date, location, and type of
any administrative or judicial proceedings initiated concerning the suspension,
revocation, or forfeiture; and
5. The current status of these
proceedings;
(C) For any violation of a
provision of the Act, or of any law, rule, or regulation of the United States,
or of any state law, rule, or regulation enacted pursuant to federal law, rule
or regulation pertaining to air or water environmental protection incurred in
connection with any surface coal mining operation, a list of all violations
notices received by the applicant during the three (3)-year period preceding
the application date, and a list of all unabated cessation orders and unabated
air and water quality violation notices received prior to the date of the
application by any surface coal mining and reclamation operation owned or
controlled by either the applicant or by any person who owns or controls the
applicant. For each violation notice or cessation order reported, the lists
shall include the following information, as applicable:
1. Any identifying numbers for the
operation, including the federal or state permit number and MSHA number, the
dates of issuance of the violation notice and MSHA number, the name of the
person to whom the violation notice was issued, and the name of the issuing
regulatory authority, department, or agency;
2. A brief description of the
violation alleged in the notice;
3. The date, location, and type of
any administrative or judicial proceedings initiated concerning the violation,
including, but not limited to, proceedings initiated by any person identified
in subsection (C) of this section to obtain administrative or judicial review
of the violation;
4. The current status of the
proceedings and of the violation notice; and
5. The actions, if any, taken by
any person identified in subsection (C) of this section to abate the violation;
and
(D) After an applicant is notified
that his/her application is approved, but before the permit is issued, the
applicant, as applicable, shall update, correct, or indicate that no change has
occurred in the information previously submitted under this
section.
(3) Right-of-Entry and Operation
Information.
(A) Each application shall contain
a description of the documents upon which the applicant bases his/her legal
right to enter and begin underground mining activities in the permit area and
whether that right is the subject of pending litigation. The description shall
identify those 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) For underground mining
activities where the associated surface operations involve the surface mining
of coal and the private mineral estate to be mined has been severed from the
private surface estate, the application shall also provide, for lands to be
affected by those operations within the permit area-
1. A copy of the written consent
of the surface owner to the extraction of coal by surface mining
methods;
2. A copy of the document of
conveyance that expressly grants or reserves the right to extract the coal by
surface mining methods; or
3. If the conveyance does not
expressly grant the right to extract coal by surface mining methods,
documentation that under the applicable state law, the applicant has the legal
authority to extract the coal by those methods.
(C) Nothing in this section shall
be construed to afford the commission or director the authority to adjudicate
property title disputes.
(4) Relationship to Areas
Designated Unsuitable for Mining. (A) Each application shall contain a
statement of available information on whether the proposed permit area is
within an area designated unsuitable for underground mining activities under
10 CSR
40-5.020 or under study for designation in an
administrative proceeding initiated under that rule.
(B) If an applicant claims the
exemption in
10
CSR 40-6.070(8)(D) 2, the application
shall contain information supporting the applicant's assertion that it made
substantial legal and financial commitments before January 4, 1977, concerning
the proposed underground mining activities.
(C) If an applicant proposes to
conduct or locate surface operations or facilities within three hundred feet
(300') of an occupied dwelling, the application shall include the waiver of the
owner of the dwelling as required in
10
CSR 40-5.010(3)(E).
(5) Permit Term
Information.
(A) Each application shall state
the anticipated or actual starting and termination date of each phase of the
underground mining activities and the anticipated number of acres of surface
lands to be affected and the horizontal and vertical extent of proposed
underground mine workings for each phase of mining and over the total life of
the permit.
(B) If the applicant proposes to
conduct the underground mining activities in excess of five (5) years, the
application shall contain the information needed for the showing required under
10
CSR 40-6.070(11)(A).
(6) Personal Injury and Property
Damage Insurance Information. Each permit application shall contain a
certificate of liability insurance.
(7) Identification of Other
Licenses and Permits.
(A) Each application shall contain
a list of all other licenses and permits needed by the applicant to conduct the
proposed underground mining activities. This list shall identify each license
and permit by-
1. Type of permit or
license;
2. Name and address of issuing
authority;
3. Identification numbers of
applications for those permits or licenses or, if issued, the identification
numbers of the permits or licenses; and
4. If a decision has been made,
the date of approval or disapproval by each issuing authority.
(8) Identification of Location of
Public Office for Filing of Application. Each application shall identify, by
name and address, the public office where the applicant will simultaneously
file a copy of the application for public inspection under
10
CSR 40-6.070(2)(D).
(9) Newspaper Advertisement and
Proof of Publication. A copy of the newspaper advertisement of the application
and proof of publication of the advertisement shall be filed with the director
and made a part of the complete application not later than four (4) weeks after
the last date of publication required under
10
CSR 40-6.070(2)(A).
(10) Access. The written consent
of the applicant and any other persons necessary to grant access should be
given to the commission or the director for the area of land affected under
application from the date of application until the expiration of any permit
granted under the application and after that for such time as is necessary to
assure compliance with all provisions of this law or any corresponding
rule.
