9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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9-16-84
Section 9-16-84 Reclamation plans; contents. (a) Each reclamation plan submitted as part of
a permit application pursuant to the provisions of this article shall include, in the degree
of detail necessary to demonstrate that reclamation required can be accomplished, a statement
of: (1) The identification of the lands subject to surface coal mining operations over the
estimated life of those operations and the size, sequence, and timing of the sub-areas for
which it is anticipated that individual permits for mining will be sought; (2) The condition
of the land to be covered by the permit prior to any mining including: a. The uses existing
at the time of the application, and if the land has a history of previous mining, the uses
which preceded any mining; and b. The capability of the land prior to any mining to support
a variety of uses giving consideration to soil and foundation characteristics, topography,
and vegetative cover, and, if applicable, a soil survey prepared pursuant to...
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9-16-7
Section 9-16-7 Duties of operators. (a) Every operator to whom a permit is issued pursuant
to this article and who engages in surface mining on lands described in the permit shall:
(1) Submit to the department, no later than 90 days after expiration of the permit period,
a map or aerial photograph showing the location of the surface mining operation conducted
during the permit period by section, township, range, and county with other description to
identify the land upon which the operator has conducted surface mining during the permit period.
The map or aerial photograph shall include a legend showing the number of acres of affected
land and the reclamation to be made in accordance with this section. (2) Commence contemporaneous
reclamation of mined areas as set out in the comprehensive reclamation plan approved by the
department. Reclamation bonds shall be adjusted annually to reflect unreclaimed disturbed
acreage as well as reclaimed acreage released by the department. Failure to...
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9-16-83
Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application filed
for public inspection; insurance; blasting plan. (a) Each application for a surface coal mining
reclamation permit under this article shall be accompanied by a fee as determined by the regulatory
authority, but not to exceed the anticipated cost of reviewing, administering, and enforcing
the permit. In no event shall the permit fee be less than one thousand dollars ($1,000). The
regulatory authority shall develop procedures to enable the cost of the fee to be paid over
the life of the mine. The life of the mine means the term of the permit and the time required
to successfully complete all surface coal mining and reclamation activities and obtain a full
release of the performance bond for each bonded area. (b) The permit application shall be
submitted in a format prescribed by and satisfactory to the regulatory authority and shall
contain, among other things, all of the following: (1) The...
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9-16-89
Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining and reclamation
permit application has been approved but before such a permit is issued, the applicant shall
file with the regulatory authority, on a form prescribed and furnished by the regulatory authority,
a bond for performance payable to the state and conditioned upon faithful performance of all
the requirements of this article and the permit. The bond shall cover all lands disturbed
by the surface coal mining operation and the amount of the initial bond shall be such to cover
that area of land within the permit area upon which the operator will initiate and conduct
surface coal mining and reclamation operations within the initial term of the permit. As succeeding
increments of surface coal mining and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the regulatory authority an additional
bond or bonds to cover such increments in...
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9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
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9-16-85
Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule; issuance
to mine on prime farm land. (a) Upon the basis of a complete mining application and reclamation
plan or a revision or renewal thereof, as required by this article, following public notification
and opportunity for a public hearing as required by Section 9-16-88, the regulatory authority
shall grant, require modification of, or deny the permit within 30 days and notify the applicant
in writing of its action. The applicant for a permit, or revision of a permit, shall have
the burden of establishing that his application is in compliance with all the requirements
of this article. Within 10 days after the granting of a permit, the regulatory authority shall
notify the local governmental officials in the local political subdivision in which the area
of land to be affected is located that a permit has been issued and shall describe the location
of the land. (b) No permit or revision application...
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9-16-88
Section 9-16-88 Permits - Review and appeal of applications. (a) At the time of submission
of an application for a surface coal mining and reclamation permit, or revision of an existing
permit, pursuant to the provisions of this article, the applicant shall submit to the regulatory
authority a copy of his advertisement of the ownership, precise location, and boundaries of
the land to be affected. At the time of submission such advertisement shall be placed by the
applicant in a local newspaper of general circulation in the locality of the proposed surface
mine at least once a week for four consecutive weeks. The regulatory authority shall notify
various local governmental bodies, planning agencies, and sewage and water treatment authorities
or water companies in the locality in which the proposed surface mining will take place, notifying
them of the operator's intention to surface mine a particularly described tract of land and
indicating the application's permit number and where a...
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9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface mined
under this article shall be reclaimed. (a) The objective of this article is to provide for
the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area as unsuitable
for all or certain types of surface coal mining operations if the regulatory authority determines
that reclamation pursuant to the requirements of this article is not technologically and economically
feasible. (3) Upon petition pursuant to...
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