25 Pa. Code § 77.163 - Right of entry
(a) An
application shall contain a description of the documents upon which the
applicant bases his legal right to enter and commence noncoal mining activities
within the permit area and whether that right is subject to pending court
litigation.
(b) The application
shall provide, for lands within the permit area, the following:
(1) If the permit application is based upon
leases in existence on or before January 1, 1972, the application for permit
shall include, upon a form prescribed and furnished by the Department, a notice
of the existence of the lease and a description of the chain of
title.
(2) If the permit
application is based on documents other than leases in existence on or before
January 1, 1972, the application shall include upon a form prepared by the
Department, the written consent of the landowner to entry upon land to be
affected by the operation and by the Commonwealth and its authorized agents,
prior to the initiation of surface mining operations, during surface mining
operations, and for a period of 5 years after the operation is completed or
abandoned for the purpose of reclamation, planting and inspection or for the
construction of any pollution abatement facilities as may be deemed necessary
by the Department for the purposes of the act and regulations promulgated
thereto.
(c) For purposes
of this section, the term "lease" means an agreement in which the surface
landowner is the lessor and the applicant is the lessee or the assignee of the
lessee.
(d) Forms submitted under
subsection (b) shall be deemed to be recordable documents, and prior to the
initiation of noncoal mining activities under the permit, the forms shall be
recorded by the applicant at the office of the recorder of deeds in the county
in which the area to be affected under the permit is situated.
(e) The information required in subsections
(a) and (b) shall be made part of the permit application prior to the approval
of the bond under Subchapter D (relating to bonding and insurance
requirements).
Notes
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