2010-11-15_REVISION - C1981008 (3)

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(2) Application contents for prime farmland. If land within the proposed permit area is prime farmland under 2.04.12, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum: GD ) A soil survey of the permit area according to standards established by the U.S.D.A. Natural Resources Conservation Service for the National Cooperative Soil Survey. T hese standards are de scribed in the National Soil Survey Handbook (Soil Survey Staff 2001 . (i) This publication is hereby incorporated by reference as it exists on the date of adoption of these rules and does not include later amendments to or editions of this publication. • Page 132 ( Section 2.06.5 (b) The permit shall be specifically marked as containing a variance from approximate original contour. 2.06 Prime Farmlands. 110(2)(q) (1) Scope. 2.06.6 applies to any person who conducts or intends to conduct 114(4) surface coal mining activities on prime farmlands historically used for 120(2)(8) cropland. Areas where mining is authorized under permits issued or mining plans approved prior to August 3, 1977, including lands that contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit (or multiple pits if the lands are proven to be part of a single continuous surface coal mining operation) began under a permit issued prior to August 3, 1977, and the permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract or lease, but not including an option to buy lease or contract, are exempt from the requirements of this rule. A single continuous surface coal mining operation is presumed to • consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include noncontiguous parcels if the operator can prove by clear and convincing evidence that, prior to �. August 3, 1977, the noncontiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one surface coal mining operation. (2) Application contents for prime farmland. If land within the proposed permit area is prime farmland under 2.04.12, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum: GD ) A soil survey of the permit area according to standards established by the U.S.D.A. Natural Resources Conservation Service for the National Cooperative Soil Survey. T hese standards are de scribed in the National Soil Survey Handbook (Soil Survey Staff 2001 . (i) This publication is hereby incorporated by reference as it exists on the date of adoption of these rules and does not include later amendments to or editions of this publication. •