Okla. Admin. Code § 460:20-45-17

Current through Vol. 42, No. 7, December 16, 2024

Section 460:20-45-17 - Coal recovery and right of entry information

(a) Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.

(b) An application shall contain a description of the documents upon which the applicant bases his legal right to enter and begin underground coal mining and reclamation operations in the permit area and shall state whether that right is the subject of pending litigation. The description shall identify the document by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(1) Where the private mineral estate to be mined has been severed from the private surface estate, an applicant shall also submit:

(a) A copy of the written consent of the private mineral estate owner for the extraction of coal by underground methods;

(b) A copy of the conveyance that expressly grants or reserves the right to extract coal by underground mining methods; or

(c) If the conveyance does not expressly grant the right to extract coal by underground mining methods, documentation that under applicable State Law, the applicant has the legal authority to extract the coal by those methods.

(2) Nothing in this Section shall be construed to provide the Department with authority to adjudicate property right disputes .

Okla. Admin. Code § 460:20-45-17

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014