SECTION 460:20-29-9. Land-use information

(a)   The application shall contain a statement of the condition, capability, and productivity of the land which will be affected by surface operations and facilities within the proposed permit area, including:

(1)   A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(2)   A narrative of land capability and productivity which analyzes the land-use description under Subsection (a) of this Section in conjunction with other environmental resources information required under this Subchapter. The narrative shall provide analyses of:

(A)   The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the area proposed to be affected by surface operations or facilities; and

(B)   The productivity of the area proposed to be affected by surface operations and facilities before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, State agricultural universities, or appropriate State natural resources or agricultural agencies.

(b)   The application shall state whether the proposed permit area has been previously mined, and, if so, the following information, if available:

(1)   The type of mining method used;

(2)   The coal seams or other mineral strata mined;

(3)   The extent of coal or other minerals removed;

(4)   The approximate dates of past mining; and

(5)   The uses of the land preceding mining.

(c)   The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.