C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER G—SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS › PART 778—PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION

30 C.F.R. § 778.16

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 parts 762, 764, and 769 of this chapter.

(b) An application in which the applicant claims the exemption described in § 762.13(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 operations.

(c) An application that proposes to conduct surface coal mining operations within 100 feet of a public road or within 300 feet of an occupied dwelling must meet the requirements of § 761.14 or § 761.15 of this chapter, respectively.

[48 FR 44399, Sept. 28, 1983, as amended at 64 FR 70837, Dec. 17, 1999]
Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: In Re Permanent Surface Mining Reg. Litig.. Appeal of Peabody Coal Co., 653 F.2d 514 (D.C. Cir. 1981).
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In Re Permanent Surface Mining Reg. Litig.. Appeal of Peabody Coal Co., 653 F.2d 514 (D.C. Cir. 1981). · cites it 2× “30 C.F.R. § 778.16 (c) (1979). Congress also directed the Secretary to promulgate “regulations directed toward the surface effects of underground coal mining operations,” Act § 516(a), and to make such modifications in the requirements of the Act “as are necessary to accommodate…”
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