ILLINOIS REGULATORY PROGRAM ILLINOIS ADMINISTRATIVE CODE ("Ill. Adm. Code") TITLE 62 MINING CHAPTER I DEPARTMENT OF NATURAL RESOURCES PART 1762 CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS 62 Ill. Adm. Code Sec. 1762.1 Scope 62 Ill. Adm. Code Sec. 1762.11 Criteria for Designating Lands as Unsuitable 62 Ill. Adm. Code Sec. 1762.12 Additional Criteria (Repealed) 62 Ill. Adm. Code Sec. 1762.13 Land Exempt From Designation as Unsuitable for Surface Coal Mining Operations 62 Ill. Adm. Code Sec. 1762.14 Exploration of Land Designated as Unsuitable for Surface Coal Mining Operations AUTHORITY: Implementing and authorized by the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 96 1/2, pars. 7901.01 et seq.). SOURCE: Adopted at 4 Ill. Reg. 37, p. 1, effective June 1, 1982; amended at 6 Ill. Reg. 1, effective June 1, 1982; codified at 8 Ill. Reg. 16436; amended at 11 Ill. Reg. 8031, effective July 1, 1987. NOTE: Cross references to OSM's federal regulations and SMCRA appear in double braces to the right of the Rule or Section number, e.g., "62 Ill. Adm. Code Sec. 1774.13 PERMIT REVISIONS {{ 30 CFR 774.13 }}". The cross references were compiled using the preambles to OSM's approval of amendments to the Illinois regulatory program published in the Federal Register and from the file of Illinois regulatory material in the COALEX Library in LexisNexis. 62 Ill. Adm. Code Sec. 1762.1 SCOPE {{ 3O CFR 762.1 }} This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations. (Source: Amended at 6 Ill. Reg. 1, effective June 1, 1982) 62 Ill. Adm. Code Sec. 1762.11 CRITERIA FOR DESIGNATING LANDS AS UNSUITABLE {{ 3O CFR 762.11 }} a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Department determines that reclamation is not technologically and economically feasible under the Surface Coal Mining Land Conservation and Reclamation Act (the State Act), and these regulations. b) Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will: 1) Be incompatible with existing State or local land use plans or programs; 2) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems; 3) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply, or of food or fiber products; or 4) Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. (Source: Amended at 6 Ill. Reg. 1, effective June 1, 1982) 62 Ill. Adm. Code Sec. 1762.12 ADDITIONAL CRITERIA (Repealed) (Source: Repealed at 11 Ill. Reg. 8031, effective) 62 Ill. Adm. Code Sec. 1762.13 LAND EXEMPT FROM DESIGNATION AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS {{ 3O CFR 762.13 }} The requirements of this Part do not apply to: a) Lands on which surface coal mining operations were being conducted on the date of enactment; b) Lands covered by a permit issued under the Act; or c) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977. 62 Ill. Adm. Code Sec. 1762.14 EXPLORATION OF LAND DESIGNATED AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS {{ 3O CFR 762.15 }} Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 7.02(a), (b), and ( c) of the State Act and these regulations does not prohibit coal exploration operations in the area, if conducted in accordance with the State Act and these regulations, any approved State or Federal program, and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the Department under 62 Ill. Adm. Code 1772, to insure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining. (Source: Amended at 11 Ill. Reg. 8031, effective July 1, 1987)