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(b) Where the private mineral estate to be mined has been severed from <br />the private surface estate, the application shall also provide for <br />lands within the permit area; <br />(1) A copy of the written consent of the surface owner to the <br />extraction of coal by surface mining methods; or <br />(2) A copy of the document of conveyance that expressly grants or <br />reserves the right to extract the coal by surface mining methods; <br />or <br />(3) If the conveyance does not expressly grant the right to extract <br />the coal by surface mining methods, documentation that under the <br />applicable State law, the applicant has the legal authority to <br />extract the coal by those methods. <br />No consent of any surface owner is required because in the <br />portions of the Kerr Mine Area where coal will be mined, the <br />. mineral estate has not been severed from the surface estate. <br />(c) Nothing in this Section shall be construed to afford the <br />regulatory authority the authority to adjudicate property title <br />disputes. <br />SECTION 778.16 RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR MINING <br />(a) Each application shall contain a statement of available <br />information on whether the proposed permit area is within an area <br />designated unsuitable for surface mining activities under 30 CFR <br />764 and 765 or under study for designation in an administrative <br />proceeding under those Parts. <br />The permit area is not within an area designated unsuitable for <br />surface mining activities as defined in 30 CFR 761.11, nor is the <br />permit area under study for designation in an administrative <br />• proceeding under either 30 CFR 764 or 765. <br />C:\ WORIC\PR111~RRUU093.REV <br />o9iovn>pm 778-18R Revised - August 1992 <br />