SECTION 460:20-23-5. Status of unsuitability claims

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(a)   An application shall contain available information as to whether the proposed permit area is within an area designated as unsuitable for surface coal mining and reclamation operations or is within an area under study for designation in an administrative proceeding under Subchapter 9 and 11 of this Chapter.
(b)   An application in which the applicant claims the exemption described in Section 460:20-9-6(c) of this Chapter shall contain information supporting the assertion that the applicant made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface coal mining and reclamation operation.
(c)   An application in which the applicant proposes to conduct surface coal mining activities within 300 feet of an occupied dwelling or within 100 feet of a public road shall contain the necessary information and meet the requirements of Section 460:20-7-5 of this Chapter.

                    
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