|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1211
|
|
|
|
|
HARRY HUGHES, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
this section, and in the amount that the Secretary determines
necessary to assure completion of reclamation and revegetation.
The Bureau may exempt a person from the bonding requirements of
this paragraph, if the Bureau determines that the prospecting
activity proposed in the application will not substantially
disturb the land surface. Any such exemption shall be in written
form and shall state the reason for the exemption.
(b) Each person who prospects an area shall reclaim it,
including backfilling and revegetation in accordance with the
standards that the Bureau adopts for open-pit mining operations.]
7-514.6.
(A) A PERSON WHO CONDUCTS ANY PROSPECTING ACTIVITY WHICH
RESULTS IN SUBSTANTIAL DISTURBANCE TO THE NATURAL LAND SURFACE OR
CAUSES SERIOUS HARM TO WATER SUPPLY OR WATER QUALITY SHALL BE
SUBJECT TO THE RECLAMATION REQUIREMENTS AND TO THE ENFORCEMENT
AND PENALTY PROVISIONS OF THIS SUBTITLE.
(B) A PERSON WHO INTENDS TO PROSPECT FOR COAL IN AN AREA
NOT INCLUDED IN A VALID SURFACE COAL MINING PERMIT SHALL FILE A
NOTICE OF INTENT TO PROSPECT WITH THE DEPARTMENT AT LEAST 2 WEEKS
PRIOR TO THE COMMENCEMENT OF ANY SURFACE DISTURBANCE ASSOCIATED
WITH PROSPECTING.
(C) THE NOTICE OF INTENT TO PROSPECT SHALL BE IN WRITING
AND SUBMITTED ON FORMS PRESCRIBED BY THE DEPARTMENT. THE NOTICE
SHALL INCLUDE:
(1) A DESCRIPTION OF THE AREA TO BE PROSPECTED;
(2) A DESCRIPTION OF THE LEGAL BASIS UPON WHICH THE
PERSON WHO INTENDS TO PROSPECT CLAIMS THE RIGHT TO ENTER AND
CONDUCT PROSPECTING OPERATIONS ON THE AREA;
(3) A DESCRIPTION OF THE INTENDED PROSPECTING
OPERATIONS;
(4) A STATEMENT OF THE PERIOD OF THE PROPOSED
PROSPECTING; AND
(5) A PLAN FOR RECLAMATION OF THE AREA IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS SUBTITLE UPON COMPLETION OF THE
PROSPECTING.
(D) A PERSON WHO PROPOSES TO CONDUCT PROSPECTING OPERATIONS
WHICH ARE REASONABLY LIKELY TO CAUSE SUBSTANTIAL DISTURBANCE TO
THE LAND SURFACE OR CAUSE SERIOUS HARM TO WATER SUPPLY OR WATER
QUALITY MAY NOT COMMENCE ANY DISTURBANCE RELATED TO THE PROPOSED
PROSPECTING PRIOR TO OBTAINING THE WRITTEN APPROVAL OF THE
DEPARTMENT AND SUBMITTING TO THE BUREAU A BOND IN A FORM
ACCEPTABLE UNDER SECTION 7-506(C) OF THIS SUBTITLE, PAYABLE TO
THE STATE, CONDITIONED ON THE FAITHFUL PERFORMANCE OF THE
REQUIREMENTS OF THIS SECTION. THE BOND SHALL BE IN THE AMOUNT
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
