SECTION 460:20-15-3. Requirements to obtain permits

  On or after 8 months from the date on which a regulatory program is approved by the Secretary, no person shall engage in or carry out on non-Federal or non-Indian lands within the State any surface coal mining and reclamation operations unless that person has first obtained a valid permit issued by the Department under an approved regulatory program. A person conducting surface coal mining operations under a permit issued by the Department in accordance with the requirements of Section 502 of the Federal Act, may conduct these operations if all of the following conditions are present:

(1)   Timely and complete application for a permit under the permanent regulatory program has been made to the Department in accordance with the provisions of the Act, the permitting regulations, and the regulatory program;

(2)   The Department has not yet rendered an initial decision with respect to such application; and

(3)   The operations are conducted in compliance with all terms and conditions of the interim permit, the requirements of the Federal Act, Parts 710, 715, 716, 717 of the initial regulatory program and the State statutes and regulations. No new initial program permits may be issued after the effective date of a State program unless the application was received prior to such date.