30 C.F.R. § 761.12
Exception for existing operations
The prohibitions and limitations of § 761.11 do not apply to:
(a) Surface coal mining operations for which a valid permit, issued under Subchapter G of this chapter or an approved State regulatory program, exists when the land comes under the protection of § 761.11. This exception applies only to lands within the permit area as it exists when the land comes under the protection of § 761.11.
(b) With respect to operations subject to Subchapter B of this chapter, lands upon which validly authorized surface coal mining operations exist when the land comes under the protection of 30 U.S.C. 1272(e) or § 761.11.
Notes of Decisions
Cited in 2
cases, 1985–1989 · leading case: In Re Permanent Surface Mining Reg. Litig., 620 F. Supp. 1519 (D.D.C. 1985).
In Re Permanent Surface Mining Reg. Litig., 620 F. Supp. 1519 (D.D.C. 1985). “Procedures for Joint Approval of Mining that Affects Parks and Historic Sites Plaintiff citizen and environmental groups next challenge 30 C.F.R. § 761.12 (f) (1984), 48 Fed.Reg.”
Cogar v. Sommerville, 379 S.E.2d 764 (W. Va. 1989). “30 C.F.R. § 761.12 (e) (1988) sets forth the procedure an applicant must follow in order to obtain a permit to mine less than three hundred feet from an occupied building based on a waiver: “(1) Where the proposed surface coal mining operations would be conducted within 300…”
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