HARRY HUGHES, Governor                                          3795

the original premining natural slope beginning with the proposed
initial point of mining and including the proposed terminal point
of mining. If any 200 foot section has a slope of 20 degrees or
more a strip mining permit may not be issued for that 200 foot
section, except that a A permit may be issued in the case of a
previously orphaned mining operation, on slope more than 20
degrees from the horizontal, when in the opinion of the land
reclamation committee the land could be restored to its original
contour.}

(2) THE BUREAU MAY DENY A STRIP MINING PERMIT ON
SLOPES OF 20 DEGREES OR MORE FROM THE HORIZONTAL BASED ON THE
FOLLOWING CONSIDERATIONS:

(I) POPULATION DENSITY WHERE THE MINING COULD
ENDANGER LIFE OR PROPERTY;

(II) MANAGEMENT OF DRAINAGE AND STORMWATER

RUNOFF;

(III) ADVERSE EFFECT ON THE QUALITY OF THE
WATER SUPPLY;

(IV) SLOPE INSTABILITY;

(IV) SOIL EROSION; OR

(VI) PRIOR HISTORY OF PERFORMANCE OF THE

APPLICANT.

(3) (2) THE BUREAU SHALL PREPARE AND SUBMIT TO THE
GENERAL ASSEMBLY BY JANUARY 1, 1990 A SUMMARY REPORT ON THE
EFFECTIVENESS OF STEEP SLOPE MINING IN THIS STATE.

(3) THE DEPARTMENT SHALL DENY A STRIP MINING PERMIT
ON SLOPES OF 20 DEGREES OR MORE FROM THE HORIZONTAL IF IT FINDS
THAT ANY OF THE REQUIREMENTS OF THIS SUBTITLE OR REGULATIONS
ADOPTED UNDER AUTHORITY OF THIS SUBTITLE ARE NOT MET, INCLUDING A
FINDING THAT ANY OF THE FOLLOWING ARE TRUE:

(I)  THE PROPOSED MINING POSES A LIKELIHOOD OF
HARM TO ANY PERSON OR PROPERTY;

(II)  DRAINAGE AND STORMWATER RUNOFF COULD NOT
BE ADEQUATELY MANAGED;

(III)  THE PROPOSED MINING WOULD ADVERSELY
AFFECT THE QUALITY OF THE WATER SUPPLY OR OF OTHER WATERS OF THE
STATE;

(IV)  THERE IS SLOPE INSTABILITY AT THE SITE OF
THE PROPOSED MINING WHICH COULD NOT BE ADEQUATELY CONTROLLED;

(V)  SOIL EROSION COULD NOT BE ADEQUATELY
CONTROLLED; OR