OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Library of COALEX Research Reports
COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).
COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.
Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.
COALEX STATE COMPARISON REPORT - 343
July 1998
Walter E. Cartwright
State Program Division
Department of Industrial Relations
649 Monroe Street
Montgomery, Alabama 36130
TOPIC:PERMITTING OF NONCOAL SURFACE MINING OPERATIONS
INQUIRY: Alabama has been asked to consider a multi-year permit for noncoal surface mining. We interested in determining how other state regulatory programs regulate noncoal surface mining, in particular the length of the permits, renewal of permits and amendments to permits to increase reclamation bond coverage.
SEARCH RESULTS: Fourteen IMCC member states responded to the telephone survey on permit terms, renewals and bonding. Twelve of the responding states followed up the survey with copies of their laws, rules and permit applications. A summary of the telephone survey responses appears below. Copies of the states' regulatory material are attached. Also enclosed statistics from the Survey the IMCC conducted in 1997.
SURVEY RESULTS
ARKANSAS |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permits are issued for 5 years. |
Renewal requires a new application. |
Permits may be amended. If the revision is minor, no public notice is required; if the revision is major, public notice is required. |
Bonding is based on the reclamation plan. Fees vary from $ 100 - $ 1000 per acre. |
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ILLINOIS |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS & 4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permits are issued for 3 years. There is a one time permit fee of $ 100 per acre plus an annual aggregate fee consisting of: (1) $ 300 operator fee; (2) $ 100 site fee for every site under a permit; (3) $ 250 blasting fee for every operation that blasts. |
The three year period may be extended one year, depending on how much of the permitted area has been affected (a specific formula is applied). After the 4th year, or if the extension doesn't apply, the area must be repermitted. |
If the original permit is amended to add acreage, either a rider is added to the original bond or a new bond is written. |
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INDIANA |
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1. PERMIT TERM |
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|---|---|---|---|---|
Permits are issued annually for the 3 noncoal (clay/shale) surface mines in the state. |
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KENTUCKY |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permits are multi-year. They are issued for 1-5 years. There is a $ 25 per year "renewal" fee. |
When the permit expires, the permittee must reclaim or renew the permit by resubmitting an application. |
If the permit is amended to add acreage, the bond also increases. |
The amount of bonding required depends on the record of the company applying for the permit. Bonds are not required across-the-board. A temporary operation or a new company with no previous record will require bonding. If bonding is required, the fees run $ 100 - $ 500 per acre. |
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MARYLAND |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
|
|---|---|---|---|---|
Noncoal surface mining permits are issued for 5 years. Annual fees are $ 12 per acre with a cap of $ 1000. |
Permits are renewable for additional 5 year increments. The renewal process includes updating the original permit application and revising plans to reflect current conditions. |
There is a $ 100 modification fee to modify the permit, e.g., to add acreage. Additional acreage requires additional bonding. |
Bond requirements are $ 1250 per acre. |
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NEW YORK |
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1. PERMIT TERM & 2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permit applications require information on the life of the mine and the number of acres that are intended to be mined. The permits are issued on an annual basis and are renewable for a maximum of 5 years. There is no application fee. There is an annual regulatory fee, depending on the amount of acreage affected. This fee is based on a sliding scale of $ 700 - $ 2000 and continues until the permitted area is reclaimed. |
Permits may be modified by the state regulatory authority or the permittee may request a modification. If the acreage is increased, the bond is increased. |
Bonds are assessed at $ 2500 - $ 3000 per acre and must be in place before the permit is issued. |
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OHIO |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
|
|---|---|---|---|---|
Noncoal surface mining permits are issued for 10 years. There is a $ 250 filing fee. Annual Reports and an annual fee of $ 250 are required. |
Permits may be renewed for an additional 10 years. |
Amendments to add acreage require a $ 250 application fee. Modifications, e.g., changes to the land use plan which does not add acreage, are allowed. |
Bonding requirements are based on the number of acres affected. |
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OKLAHOMA |
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1. PERMIT TERM & 2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permitting is multi-year, based on the life expectancy of the mine. The mine plan must justify the term requested, which can be from 1 - 4 years. Permits are reviewed annually. There is a yearly fee of $ 175 required plus $.75 per ton of produced material. |
Changes to the mine plan require an amendment process. Adding acreage is considered a major permit revision and requires additional bond. |
Bond requirements are based on acreage affected (at $ 1000 per acre) or the actual cost to reclaim. The determination of the bonding requirements is made upon review of the mine plan and the site specific conditions. |
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NORTH CAROLINA |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
|
|---|---|---|---|---|
Noncoal surface mining permits are issued for up to 10 years for operations affecting greater than one acre. The length of the permit is discretionary, depending on the reliability of the company and the techniques to be employed; however, few of the 800 operations in the state have a permit term of less than 10 years. |
The permit may be renewed any time within the last 2 years of the permit term. The renewal fee is nominal. |
The permittee may request an amendment at any time. The state regulatory authority may unilaterally amend the permit (this is appealable). If the acreage is increased the bond must be increased. |
There is a formula for calculating the bond, based on the cost of reclamation. There are different vehicles for bonding: Letters of Credit, traditional bonds through insurance companies and assignments of savings accounts. |
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PENNSYLVANIA |
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1. PERMIT TERM & |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permits are issued on a permanent basis. |
Permits may not be amended to add acreage. They may be amended for minor revisions, e.g., an incidental boundary correction due to a surveyor's error. |
Bonding is handled differently in different parts of the state: (1) In the eastern part of the state, bond is determined by the length of the highwall or the length and height of the berm; (2) in the western part of the state, the bond rate is $ 3000 per acre for the area where the mineral is removed and $ 1000 per acre for the support area. |
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SOUTH CAROLINA |
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1. PERMIT TERM & |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permits are issued for the life of the mine, as determined by the mining plan and the reclamation schedule. |
The permit may be modified, e.g., to change the reclamation schedule. Revisions to add on acreage, extending the life of the mine, may be approved requiring appropriate adjustment to the bonding. |
The bonding rate is $ 1000 per acre for operations up to 25 acres. Over 25 acres, the bond is determined by the estimated cost to reclaim. Bonds cover the area to be mined over a 3 year period. |
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TEXAS |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Uranium surface mines are permitted for 10 year terms. The application fee is $ 200 plus $ 10 per acre of the affected area. The per acre fee is apportioned - to be paid out over the 10 year term of the permit. |
The permit may be renewed for 10 year increments. |
Amendment and revision provisions are similar to the coal surface mining provisions (the state law to regulate noncoal surface mining was passed in 1975). |
Bonding is incremental and is a per acre fee based on the approved plans. |
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VIRGINIA |
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1. PERMIT TERM & |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permits are multi-year, with no closure date. Permits are subject to successive annual renewals after annual inspections and payment of annual fees, based on acreage permitted and acreage affected. |
There is a process for amending the permit. Amended acreage requires amended fees. |
Bonding depends on a history of successful mining in the state: (1) if the permittee has not mined in Virginia previously, the bond required is $ 1000 per acre disturbed; (2) permittees who have mined successfully for 5 years participate in the mandatory bond pool. Entrance and renewal fees are required when participating in the bond pool. |
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WEST VIRGINIA |
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1. PERMIT TERM |
2. PERMIT RENEWAL |
3. PERMIT AMENDMENTS |
4. BONDING REQUIREMENTS |
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|---|---|---|---|---|
Noncoal surface mining permits are multi-year with no maximum term. Two applications are required: (1) Approval to remove minerals; and (2) approval to discharge. |
Permits are renewed yearly. The yearly renewal fee is $ 100 plus a discharge renewal fee based upon acreage. There is no acreage fee to renew the mining permit. |
There are no provisions in the state code to allow for amending or revising the permits. However, in practice, the state SMCRA codes and rules are applied, where necessary. |
Bonding requirements are based on the state quarry law. |
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ATTACHMENTS
Survey conducted by: Joyce Zweben Scall