Effective - 28 Aug 1988
444.815. Permits required, kind, when to be obtained — term — effect of lack of operation — renewals — exemptions. — 1. Eight months from the date on which the state program is approved by the United States Secretary of the Interior pursuant to 30 U.S.C. 1253 and published in the Federal Register, no person shall engage in or carry out any surface coal mining operations unless such person shall have first obtained a permit under this law. From September 28, 1979, until eight months after approval of the state program, no person shall engage in or carry out any surface coal mining operations unless such person shall first have obtained a permit pursuant to and complies with sections 444.500 to 444.755, as in existence prior to September 28, 1979, and any permit issued pursuant to such provisions shall continue in force and effect for the term of said permit or any revisions or renewals thereof; except that no such permit issued pursuant to sections 444.500 to 444.755, shall extend past eight months from approval of the state program; except further, that if application for a permit by such operator has been filed pursuant to this law within two months after approval of the state program, said operator may conduct operations under a permit issued pursuant to sections 444.500 to 444.755, until determination on the application has been made by the director under either subsection 3 or 4 of section 444.850.
2. All permits shall be issued for a term not to exceed five years; provided, that if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for such specified longer term, a permit may be granted for such longer term. A successor in interest to a permittee who applies for a new permit within thirty days of succeeding to such interest and who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until such successor's application is granted or denied.
3. A permit shall terminate if the permittee has not commenced the surface coal mining operations covered by such permit within three years of the issuance of the permit; provided, that the commission may grant reasonable extensions of time upon a showing that such extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee; provided further, that in the case of a coal lease issued under the Federal Mineral Leasing Act, Title 30 U.S.C., extensions of time may not extend beyond the period allowed for diligent development in accordance with that act; provided further, that with respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at such time as the construction of the synthetic fuel or generating facility is initiated.
4. (1) Any valid permit shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and such renewal shall be issued (provided that on application for renewal the burden shall be on the opponents of renewal), subsequent to fulfillment of the public notice requirements of section 444.850 unless it is established that and written findings are made that:
(a) The terms and conditions of the existing permit and reclamation plan are not being satisfactorily met;
(b) The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this law and rules and regulations;
(c) The renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;
(d) The operator has not provided evidence that the performance bond in effect for said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the commission might require; or
(e) Any additional revised or updated information required by the commission has not been provided. Prior to the approval of any renewal of permit the commission shall provide notice to the appropriate public authorities.
(2) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this law.
(3) Any permit renewal shall be for a term not to exceed the period of the original permit. Application for permit renewal shall be made at least one hundred and twenty days prior to the expiration of the valid permit.
5. Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of this law shall comply with the provisions of sections 444.815 to 444.905.
6. The provisions of this law shall not apply to any of the following activities:
(1) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;
(2) The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the commission;
(3) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percentum of the tonnage of minerals removed for purposes of commercial use or sale.
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(L. 1979 H.B. 459, A.L. 1988 H.B. 1836)