§ 785.25 - Lands eligible for remining.

§ 785.25 What special provisions apply to proposed operations on lands Lands eligible for remining?.

(a) This section applies to you if you intend to apply for a permit to conduct contains permitting requirements to implement § 773.13. Any person who submits a permit application to conduct a surface coal mining operations operation on lands eligible for remining , as that term is defined in § 701.5 of this chaptermust comply with this section.

(b)

(1) Your application must comply with all applicable

Any application for a permit under this section shall be made according to all requirements of this subchapter

. (2)

applicable to surface coal mining and reclamation operations. In addition,

to be eligible under

the

provisions of § 773.13 of this chapter concerning unanticipated events or conditions at remining sites, the application must - (i

application shall -

(1) To the extent

possible, if

not otherwise addressed in the permit application, identify potential environmental and safety problems related to prior mining activity at the site and that could be reasonably

be

anticipated to occur

as a result of prior mining activities within the proposed permit area

. This identification

must

shall be based on a due diligence investigation

that includes

which shall include visual observations at the site, a record review of past mining

operations

at

or near

the site,

environmental sampling, and any other relevant available information, including data from prior mining activities and remining operations on similar sites. (ii

and environmental sampling tailored to current site conditions.

(2) With regard to potential environmental and safety problems referred to in paragraph (b)(1)

(i)

of this section, describe the mitigative measures that will be taken to ensure that the applicable reclamation requirements of the regulatory program can

and will

be met.

[60 FR 58491, Nov. 27, 1995, as amended at 65 FR 79669, Dec. 19, 2000; 73 FR 67630, Nov. 14, 2008; 81 FR 93381, Dec. 20, 2016; 82 FR 54965, Nov. 17, 2017]