Laserfiche WebLink
• (b) "fhe applicant has demonstrated that surface coal minim and reclamation <br />operations, as required by the Act and these Rules can be feasibly accomplished under the mining and reclamation <br />operations plan contained in the application. <br />(c) The assessment of [he probable cumulative impacts of nll anticipated coal <br />muting in the general area on the hydrologic balance, as described in ?.05.6(3), has been made by the Division and <br />[he operations proposed under the application have been designed to prevent damage to the hydrologic balance <br />outside the proposed permit area. <br />(d) The afTected area is, subiec[ to valid rights existing as of August 3. 1977, <br />and with the further exception of those surface coal mining operations which were in existence on August 3, 1977: <br />(i) Not included within an area designated unsuitable for surface coal <br />mining operations in an administrative proceeding begun under Rule 7 or 30 CFR 769 of the Federal Regulations: <br />(ii) Not within an area under study for designation as unsuitable for <br />surface coal mining operations in an administrative proceeding. begun under Rule 7 or 30 CFR 769 of the Federal <br />Regulations unless the applicant demonstrates that, before January 4, 1977, he or she has made substantial financial <br />and legal commitments in the relation to the operation for which he or she is apph~ing for a permit; <br />(iii) Not on any lands subiec[ to the following prohibitions or limitations: <br />(A) On any lands within the boundaries of the National Park System, the <br />National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the <br />• Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers <br />Act (16 U.S.C. ] 276(a)), and National Recreation Areas designated by Act of Congress; <br />(B) Lands within 300 feet measured horizontally or andpublic <br />building, school, church, community or institutional building or public park; or <br />(C) Within 100 feet measured horizontally of a cemetery: or <br />(D) On any Federal lands within the boundaries of any national forest; <br />except that surface coal mining operations may be permitted on such lands if the Secretary finds that there are no <br />significant recreational, timber, economic, or other values which may be incompatible with such surface mining <br />operations. and: <br />underground coal mine; or <br />(I) Surface operations and impacts are incident to an <br />(II) Where the Secretary of the United States Department of <br />Agriculhn'e determines, with respect to lands in national forests which do no[ have significant forest cover, that <br />surface mining is in compliance with the "Multiple-Use Sustained-Yield Act of 1960," as amended, and [he <br />provisions of the Act: <br />(E) If the Division or Board is unable to determine whether the <br />affected area of the proposed operation is within the boundaries of any lands in (A) or (D) or closer than the limits <br />provided in (B) or (C) of this subsection, the Division shall transmit b+ certified mail, return receipt requested, [he <br />• relevant portions of the permit application to any appropriate Federal, State, or local eovermnent agency with a <br />rcqucst that it advise the Division or Board about the appropriate boundaries and respond within 30 days of receipt <br />of the request. The National Park Service, the U.S. Fish and Wildlife Service, or [he U.S. forest Sen•ice shall he <br />notified of any rcqucst for a determination of valid existing rights pertaining to areas within the boundaries of areas <br />Permit Renewal No.3 2.07-9 3/5/99 <br />