2010-05-05_GENERAL DOCUMENTS - C1981008 ‎(11)‎

• Permit No: C1981008
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 5/5/2010
• Doc Name: Fax from JoEllen Turner
• From: JoEllen Turner
• To: DRMS, OSM
• Permit Index Doc Type: General Correspondence
• Email Name: DAB
• Media Type: D
• Archive: No

p.11
'Sustained- "eld Act of 1960", as amended, the "Federal Coal Leasing
Amendmen Act of 1975", as amended, the 'National Forest Management
Act of 1976', amended, and the provisions of this article.
011) ill not advers affect any publicly owned park or place included in the national
zstoric sites unless approved jointly by the office and the federal, state,
or local agency with jurisdiction over the park or the historic site;
l
(IV) Does not include rdds thin one h dred fee t. of the outside right-of-way line of
any public roadwhere mss s or haulage roads join such
right of-way line at affi m it ch roads to be r acated or the
area affected to lie within o hun f t of su road if, afte publ' notice and
opportunity for public hearing in the locality, a itten *is made that the
inter of the public and the landowners affected ereby will be krotected: and
(V) Do not clude lands within three hundred feet of any occupied d fling, unless
wa' ed by t e owner ere nor within three hundred feet of any public uilding or
~"_sc o ch h, co munity, institutional building or any public park, n within
on bun feet o a cerne S /1
(3) tMe applicant shall fi with is
violations of is arti le andvany
applicable ru or regulation of any
this state, rtaming to. air or w
of
or.
W
ces of
his any
oth s and
the
k in
pri e ate
su is
h.n of
connectio with any surface co mi
of app ' tion. The schedule sha.'
'1
partment or agencfof the Un
environmental p tection r ceiv
ig operations during the -ye pe
also indicate the final resolution of
v.o en the schedule a information ail le to the beard or o e indica that
any surface c mining oiler ion o ed or b the a lican ' curren 'olatiot_
of this article ors other la s refer ed to thi su s do (3), a permit shall t be issued
until the applicant su 'ts p of that such vi ion h b . corr ted ar is in a process of
being corrected to the sans on of the board, department, or ag hich h jurisdiction over
such violation, and no permit shall be issued to an applicant after a finding the board, after
opportunity for hearing, that the applicant, or the operator specified in the application, controls or
has `?itch-surface._coal tninua o erations with--a-cl onstra ec att_of willfill
iolations of this article-of sued nature aril duration and with such resulting irreparable?am e
the environinent as to indicate an intent nvt to comply with the provisions of this article.
(a) In -addition to finding the application in compliance with the provisions of subsection (2) of
this section, if the surface area proposed to be affected by the operation contains .prime
farmland` pursuant to section 34-33-110(2)(q), the office shall, after consultation with the
secretary of the United States department of agriculture, and pursuant to regulations issued
by the secretary-of the United States department of the interior with the concurrence of the
secretary of the United States department of agriculture, grant a permit to mine on prime
farmland if the board or office finds in writing that the7 operator has the technological
capability to restore such mined area, within a reasonable time, to equivalent or higher.
levels of yield as nonmined prime farmland in the surrounding area under equivalent levels
July 1, 1995 ?"?? - -114(2)