(e) Any person having an interest that is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, may submit written comments on the application to WSC. Comments may be submitted within 30 days of either the publication of the newspaper notice required by §774.17(b)(2) of this chapter, or receipt of an administratively complete application, whichever is later. For purposes of this paragraph, a person includes, but is not limited to an official of any Federal, State, or local government agency. (f) Within 30 days from the last publication of the newspaper notice, written comments or objections to an application for significant revision or renewal of a permit may be submitted to the regulatory authority by: (1) Any person having an interest that is or may be adversely affected by the decision on the application; or (2) Public entities notified under §773.13(a)(3) of this chapter of the proposed mining operations on the environment within their areas of responsibility. ments for permit applications. (a) Part 777 of this chapter, General Content Requirements for Permit Applications, applies to any person who makes application for a permit to conduct surface coal mining and reclamation operations. (b) Any person who wishes to conduct surface coal mining and reclamation operations must file a complete application as early as possible before the date the permit is desired and pay to OSM a permit fee in accordance with § 903.736. (c) Any person who wishes to revise a permit shall submit a complete application as early as possible before the desired approval date of the permit revision and shall pay a permit fee in accordance with 30 CFR 777.17. § 903.778 Permit applications-Minimum requirements for legal, financial, compliance, and related information. Part 778 of this chapter, Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information, applies to any person who submits an application for a permit to conduct surface coal mining and reclamation operations. § 903.779 Surface mining permit applications-Minimum requirements for information on environmental resources. (a) Part 779 of this chapter, Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources, applies to any person who submits an application to conduct surface coal mining and reclamation operations. (b) Each permit application must include a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. § 903.780 Surface mining permit applications-Minimum requirements for reclamation and operation plan. Part 780 of this chapter, Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan, applies to any person who submits an application to conduct surface coal mining and reclamation operations. § 903.783 Underground mining permit applications-Minimum requirements for information on environmental resources. (a) Part 783 of this chapter, Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources, applies to any person who submits an application to conduct underground coal mining operations. (b) Each permit application must include a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. § 903.784 Underground mining permit applications-Minimum require ments for reclamation and operation plan. Part 784 of this chapter, Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, applies to any person who submits an application to conduct underground coal mining operations. § 903.785 Requirements for permits for special categories of mining. Part 785 of this chapter, Requirements for permits for Special Categories of Mining, applies to any person who submits an application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein. Part 795 of this chapter, Small Operator Assistance Program, applies to any person who submits an application for assistance under the small operator assistance program. § 903.800 Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs. (a) Part 800 of this chapter, Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs, applies to all surface coal mining and reclamation operations, except for § 800.40(a)(1) of this chapter regarding the bond release application, for which paragraph (b) of this section substitutes. (b) The permittee may file an application with the regulatory authority for the release of all or part of a performance bond. The application must be filed no later than 30 days before the end of the vegetation growing season in order to allow time for the regulatory authority to properly evaluate the completed reclamation operations. The appropriate times or seasons for the evaluation of certain types of reclamation shall be identified in the mining and reclamation plan required in subchapter G of this chapter and approved by the regulatory authority. Part 815 of this chapter, Permanent Program Performance Standards-Coal Exploration, applies to any person who conducts coal exploration. § 903.816 Performance standards-Surface mining activities. (a) Part 816 of this chapter, Permanent Program Performance StandardsSurface Mining Activities, applies to any person who conducts surface mining activities, except §816.116(a)(1) of this chapter regarding revegetation success standards, for which paragraph (b) of this section substitutes. (b) Standards for success shall be those identified at §816.116(a)(2) and (b) of this chapter. Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan and approved by the regulatory authority. 8903.817 Performance standards-Underground mining activities. (a) Part 817 of this chapter, Permanent Program Performance Standards— Underground Mining Activities, applies to any person who conducts underground mining activities, except § 817.116(a)(1) of this chapter regarding revegetation success standards, for which paragraph (b) of this section substitutes. (b) Standards for success shall be those identified at §817.116(a)(2) and (b) of this chapter. Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan and approved by the regulatory authority. Floors, applies to any person who conducts surface coal mining and reclamation operations on alluvial valley floors. $903.823 Special performance standards Operations on prime farmland. Part 823 of this chapter, Special Permanent Program Performance Standards-Operations on Prime Farmland, applies to any person who conducts surface coal mining and reclamation operations on prime farmland. $903.824 Special performance standards—Mountaintop removal. Part 824 of this chapter, Special Permanent Program Performance Standards-Mountaintop Removal, applies to any person who conducts surface coal mining and reclamation operations constituting mountaintop removal mining. $903.827 Special performance standards Coal preparation plants not located within the permit area of a mine. Part 827 of this chapter, Permanent Program Performance Standards-Coal Preparation Plants Not Located Within the Permit Area of a Mine, applies to any person who conducts surface coal mining and reclamation operations which include the operation of a coal preparation plant not located within the permit area of a mine. §903.828 Special performance standards-In situ processing. Part 828 of this chapter, Special Permanent Program Performance Standards-In Situ Processing, applies to any person who conducts surface coal mining and reclamation operations that include the in situ processing of coal. $903.842 Federal inspections. (a) Part 842 of this chapter, Federal Inspections, applies to all coal exploration and surface coal mining and reclamation operations. (b) In addition to the requirements of part 842 of this chapter, OSM will furnish copies of inspection reports when requested by a designated Arizona State agency with jurisdiction over mining. § 903.843 Federal enforcement. (a) Part 843 of this chapter, Federal Enforcement, applies regarding enforcement action on coal exploration and surface coal mining and reclamation operations. (b) In addition to the requirements of part 843 of this chapter, OSM will furnish copies of enforcement actions and orders to show cause, upon request, to a designated Arizona State agency with jurisdiction over mining. § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for violations on coal exploration and surface coal mining and reclamation operations. § 903.846 Individual civil penalties. Part 846 of this chapter, Individual Civil Penalties, applies to the assessment of individual civil penalties under section 518(f) of the Act. $904.10 State regulatory program approval. The Secretary conditionally арproved the Arkansas regulatory program, as submitted on February 18, 1980, amended on May 29, 1980, and July 2, 1980, and clarified on July 29, 1980, August 8, 1980, August 14, 1980, and August 29, 1980, effective November 21, 1980. He fully approved the Arkansas regulatory program, as amended on September 2, 1980, January 19, 1981, and March 12, 1981, effective January 22, 1982. Copies of the approved program are available at: (a) Arkansas Department of Environmental Quality, 8001 National Drive, P.O. Box 8913, Little Rock, AR 72219– 8913. (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548. [64 FR 20166, Apr. 26, 1999] § 904.12 State program provisions and amendments disapproved. The following amendments to the Arkansas Surface Coal Mining and Rec lamation Code as submitted to OSMRE on May 1, 1987, are hereby disapproved: (a) ASCMRC part 722, all revisions and additions which address surface coal mining and reclamation operations previously exempted under the 2-acre exemption rule of section 528 of SMCRA. (b) [Reserved] [53 FR 9884, Mar. 28, 1988, as amended at 54 FR 47355, Nov. 14, 1989] § 904.15 Approval of Arkansas regulatory program amendments. The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the FEDERAL REGISTER and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the FEDERAL REG ISTER. Citation/description ASCMRC 771.25 (a)(2); 776(c)(1), (2), (4), (5)(i), (ii); 842(c). ASCMRC 816.61–S, -U, .62, .64, -U, .65, .67, .68; 850.1, .5, .12 through .15. ASCMRC 776.12(a)(3), (b); 780.31; 786.19(p). ASCMRC 705.11(a), .13(a), .15; 780.16(b)(3)(i), (ii), (c); 784.21; 816.97(b); 817.97; 846.1, .5, .12, .14, .18; 1000(50). ASCMRC 778.13(a), (5), (6), (7), (b), (1) through (5), (c), (g), (h), .14(c), (d); ASCMRC 700.10(a); 701.5; 776.11(b); 780.21(f), .37(f), (g), (h), .38; 784.27; April 11, 1991, September 25, 1991. August 19, 1992 March 31, 1993 February 6, 1998 November 17, 1994 June 30, 1995 Citation/description ASCMRC 701.5, .11(c)(1); 707.12; 761.5 defining VER and public roads; ACA 15-58-104(11), 503(a)(2)(A), (B), (C). ASCMRC 700.10(b); 701.5; 771.25(b); 779.13; 15; .16; .17; 20; 22; .25(k); September 16, 1998 ASCMRC 701.5; 761.5(d); 780.14(c); 780.18(b)(7), .25(a)(3)(i), .35(b); 785.15(b)(c), .16(a), (c)(6), and (d), .17(d)(5); 815.15(k); 816.11(g), .21, 22, 23, 24, 25, .43(e), (f)(5), .44(c), .46, 48(b), .56, .74, 102, 103, 104-S, .105-S, .106, .107(a)-(b); Part 823; Part 826; 845.18(b) and .19(a). August 27, 1998 November 25, 1998 ASCMRC 701.5; 816.116(b)(1), (2), (3)(iv), (4), (5); Policy Guidelines for Phase III [62 FR 9935, Mar. 5, 1997, as amended at 62 FR 23135, Apr. 29, 1997; 62 FR 31474, June 9, 1997; 63 FR 49429, Sept. 16, 1998; 63 FR 65067, Nov. 25, 1998] § 904.16 [Reserved] § 904.20 Approval of Arkansas abandoned mine land reclamation plan. The Secretary approved the Arkansas abandoned mine land reclamation plan, as submitted on July 7, 1982, effective May 2, 1983. Copies of the approved plan are available at: (a) Arkansas Department of Environmental Quality, 8001 National Drive, P.O. Box 8913, Little Rock, AR 722198913. (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548. [64 FR 20166, Apr. 26, 1999] § 904.25 Approval of Arkansas abandoned mine land reclamation plan amendments. The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the FEDERAL REGISTER and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the FEDERAL REG ISTER. Citation/description July 19, 1993 ACA 15-58-401(b), (c). January 5, 1994 ACA 15-58-401(b)(2). April 29, 1997 ASCMRC 874.5; .12(a)(4) through (8). [62 FR 9936, Mar. 5, 1997, as amended at 62 FR 23135, Apr. 29, 1997] |