§ 773.15 - Written findings for permit application approval.

§ 773.15 What findings must the regulatory authority make before approving a permit application?

The regulatory authority may not approve any application for a permit or a

Written findings for permit application approval.

No permit application or application for a significant revision of a permit that you, the applicant, submit shall be approved unless the application affirmatively demonstrates and the regulatory authority finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, that - the following:

(a) The application is accurate and complete and you have the applicant has complied with all applicable requirements of the Act and the regulatory program.

(b) You have The applicant has demonstrated that reclamation as required by the Act and the regulatory program can be accomplished under the reclamation plan contained in the permit application.

(c) The proposed permit area is not within an area -

(1)

Under

Not within an area under study or administrative proceedings under a petition, filed pursuant to

part

parts 764

or part

and 769 of this chapter, to have an area designated as unsuitable for surface coal mining operations, unless

you demonstrate that you

the applicant demonstrates that before January 4, 1977, he has made substantial legal and financial commitments

before January 4, 1977,

in relation to the operation covered by the permit application; or

(2)

Designated

Not within an area designated as unsuitable for surface coal mining operations under parts 762 and 764 or 769 of this chapter

as unsuitable for the type of surface coal mining operations that you propose to conduct; or (3) Subject

or within an area subject to the prohibitions of § 761.11 of this chapter

, unless one or more of the exceptions provided under that section apply

.

(d) For mining operations where the private mineral estate to be mined has been severed from the private surface estate, you have the applicant has submitted to the regulatory authority the documentation required under § 778.15(b) of this chapter.

(e) The regulatory authority has -

(1) Made

made an assessment of the probable cumulative impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area

; and (2) Determined

and has determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(f) You have The applicant has demonstrated that any existing structure will comply with § 701.11(d) of this chapter, and the applicable performance standards of subchapter B or K of this chapter.

(g) You have The applicant has paid all reclamation fees from previous and existing operations as required by subchapter R of this chapter.

(h) You have The applicant has satisfied the applicable requirements of part 785 of this chapter.

(i) If The applicant has, if applicable, you have satisfied the requirements for approval of a long-term, intensive agricultural postmining land use, in accordance with the requirements of § 816.111(

j

d) or § 817.111(

1) You have provided documentation that the proposed surface coal mining and reclamation operations would have no effect on species listed or proposed for listing as threatened or endangered

d).

(j) The operation would not affect the continued existence of endangered or threatened species or result in destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act of 1973

,

(16 U.S.C. 1531 et seq.

, or on designated or proposed critical habitat under that law; or (2

)

You and the regulatory authority have documented compliance with a valid biological opinion that covers issuance of permits for surface coal mining operations and the conduct of those operations under the applicable regulatory program; or (3) You have provided documentation that interagency consultation under section 7 of the Endangered Species Act of 1973, 16 U

.

S.C. 1536, has been completed for the proposed operation; or

(

4) You have provided documentation that the proposed operation is covered under a permit issued pursuant to section 10 of the Endangered Species Act of 1973, 16 U.S.C. 1539.

(k) The regulatory authority has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the regulatory authority has determined that no additional protection measures are necessary.

(l) For a proposed remining operation where you intend the applicant intends to reclaim in accordance with the requirements of § 816.106 or § 817.106 of this chapter, the site of the operation is a previously mined area, as that term is defined in § 701.5 of this chapter.

(m) You are eligible to receive a permit, based on the reviews under §§ 773.7 through 773.14 of this part.

(n) You have demonstrated, and the regulatory authority concurs, that -

(1) The operation has been designed to prevent the formation of toxic mine drainage that would require long-term treatment after mining has been completed.

(2) A thorough analysis of all available evidence supports a conclusion that the design of the proposed operation will work as intended to prevent the formation of discharges that would require long-term treatment after mining has been completed. If a study or other evidence supports a contrary conclusion, you must explain why that study or other evidence is not credible or applicable to the proposed operation.

(o) To the extent possible using the best technology currently available, the proposed operation has been designed to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and to achieve enhancement of those resources where practicable, as required under § 780.16 or § 784.16 of this chapter.

[

For permits to be issued under § 785.25 of this chapter, the permit application must contain:

(i) Lands eligible for remining;

(ii) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(iii) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of the regulatory program can be accomplished.

(n) The applicant is eligible to receive a permit, based on the reviews under §§ 773.7 through 773.14 of this part.

[48 FR 44391, Sept. 1983, as amended at 65 FR 79663, Dec. 19, 2000; 81 FR 93324, Dec. 20, 2016; 82 FR 54937, Nov. 17, 2017]