SECTION 460:20-15-6.9. Written findings for permit application approval

  No permit application or application for a significant revision of a permit shall be approved unless the application affirmatively demonstrates and the Department finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, the following:

(1)   The application is complete and accurate and the Applicant has complied with all requirements of the Act and this Chapter.

(2)   The Applicant has demonstrated that reclamation as required by the Act and this Chapter can be accomplished under the reclamation plan contained in the permit application.

(3)   The proposed permit area is:

(A)   Not within an area under study or administrative proceedings under a petition, filed pursuant to Subchapter 11 of this Chapter, to have an area designated as unsuitable for surface coal mining operations, unless the applicant demonstrates that before January 4, 1977, it has made substantial legal and financial commitments in relation to the operation covered by the permit application; or

(B)   Not within an area designated as unsuitable for mining pursuant to Subchapters 9, and 11 of this Chapter or subject to the prohibitions or limitations of Sections 460:20-7-4 and 460:20-7-5 of this Chapter.

(4)   For mining operations where the private mineral estate to be mined has been severed from the private surface estate, the applicant has submitted to the Department the documentation required under Section 460:20-23-4(b) of this Chapter.

(5)   The Department has made an assessment of the probably cumulative impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area and has determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(6)   The Applicant has demonstrated that any existing structure will comply with Section 460:20-3-6(d) and the applicable performance standards of the initial regulatory program or of this Chapter.

(7)   The Applicant has paid all required reclamation fees from previous and existing operations.

(8)   The Applicant has satisfied the applicable requirements of Subchapter 33 of this Chapter.

(9)   The Applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural postmining land use, in accordance with the requirements of Sections 460:20-43-43(d) or 460:20-45-43(d) of this Chapter.

(10)   The operation would not affect the continued existence of endangered or threatened species or result in destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(11)   The Department has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the Department has determined that no additional protection measures are necessary.

(12)   For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of Sections 460:20-43-41 or 460:20-45-41 of this Chapter, the site of the operation is a previously mined area as defined in Section 460:20-3-5 of this Chapter. (13) For permits to be issued under Section 460:20-33-12 of this Chapter, the permit application must contain:

(A)   Lands eligible for remining;

(B)   An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(C)   Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of the regulatory program can be accomplished.

[Source: Added at 27 Ok Reg 2558, eff 7-25-10]