§ 207.4 — Mine site permit

Iowa § 207.4

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 207: COAL MINING

Text

1. a. Prior to beginning mining or removal of overburden at mining site, an operator shall
obtain a permit from the division for the site. Application for a permit shall be made upon
a form provided by the division. The permit fee shall be established by the division in an
amount not to exceed the cost of administering the permit provisions of this chapter.
b. The application shall include but not be limited to:
(1) A legal description of the land where the site is located and the estimated number of
acres affected.
(2) A statement explaining the authority of the applicant’s legal right to operate a mine
on the land.
(3) A reclamation plan meeting the requirements of this chapter.
(4) A determination by an appropriate state or federal agency of the probable hydrologic
consequences of the mining and reclamation operations, both on and off the mine site, with
respect to the hydrologic regime, quantity, and quality of water in surface and groundwater
systems including the dissolved and suspended solids under seasonal flow conditions
and the collection of sufficient data for the mine site and surrounding areas so that an
assessment can be made by the division of the probable cumulative impacts of all anticipated
mining in the area upon the hydrology of the area and particularly upon water availability.
If the division finds that the probable total annual production at all locations of a coal
mining operator will not exceed one hundred thousand tons, the determination of probable
hydrologic consequences and a statement of the result of test borings on core samplings
which the division may require shall upon the written request of the operator be performed
by a qualified public or private laboratory designated by the division and the cost of the
preparation of the determination and statement shall be assumed by the division.
2. All permits issued pursuant to the requirements of this chapter shall be issued for a
term not to exceed five years. If the applicant demonstrates that a specified longer term is
reasonably needed to allow the applicant to obtain necessary financing for equipment and
the opening of the operation and if the application is full and complete for the longer term,
the division may grant a permit for the longer term. A successor in interest to a permittee
who applies for a new permit within thirty days of succeeding to the interest and is able to
continue the bond coverage may continue coal mining and reclamation operations according
to the approved mining and reclamation plan of the original permittee until the successor’s
application is granted or denied.
3. A permit terminates if the permittee has not commenced the coal mining operations
covered by the permit within three years of issuance of the permit. However, the division
may grant reasonable extensions of time upon a showing that the extensions are necessary
because of litigation precluding the commencement or threatening substantial economic
loss to the permittee or because of conditions beyond the control and without the fault or
negligence of the permittee. If a coal lease is issued under the federal Mineral Leasing Act,
as amended, extensions of time may not extend beyond the period allowed for diligent
development in accordance with section 7 of that Act. If coal is to be mined for use in a
synthetic fuel facility or specific major electric generating facility, the permittee is deemed
to have commenced mining operations when the construction of the synthetic fuel or
generating facility is initiated.
4. A valid permit carries the right of successive renewal upon expiration within the
boundaries of the existing permit. On application for renewal the burden shall be on the
opponents of approval. Upon application the renewal shall be issued unless the division
establishes any of the following:
a. The terms and conditions of the existing permit are not being satisfactorily met.
b. The present coal mining and reclamation operation is not in compliance with the
environmental protection standards of this chapter.
c. The renewal requested substantially jeopardizes the operator’s continuing
responsibility on existing permit areas.

d. The operator has not shown that the performance bond for the operation and any
additional bond the division may require will continue in full force and effect for the renewal
requested.
e. Additional revised or updated information required by the division has not been
provided.
5. a. A permit renewal shall be for a term not to exceed the period of the original permit.
b. Application for renewal shall be made at least one hundred twenty days prior to the
expirationofthepermit. Priortotheapprovalofarenewalofpermitthedivisionshallprovide
notice to the appropriate public authorities.

Legislative History

[C81, §83.4]