(2) All permits issued pursuant to this chapter shall be | 9 |
issued for a term not to exceed five years, except that, if the | 10 |
applicant demonstrates that a specified longer term is reasonably | 11 |
needed to allow the applicant to obtain necessary financing for | 12 |
equipment and the opening of the operation and if the application | 13 |
is full and complete for the specified longer term, the chief may | 14 |
grant a permit for the longer term. A successor in interest to a | 15 |
permittee who applies for a new permit within thirty days after | 16 |
succeeding to the interest and who is able to obtain the | 17 |
performance security of the original permittee may continue coal | 18 |
mining and reclamation operations according to the approved mining | 19 |
and reclamation plan of the original permittee until the | 20 |
successor's application is granted or denied.
| 21 |
(3) A permit shall terminate if the permittee has not | 22 |
commenced the coal mining operations covered by the permit within | 23 |
three years after the issuance of the permit, except that the | 24 |
chief may grant reasonable extensions of the time upon a showing | 25 |
that the extensions are necessary by reason of litigation | 26 |
precluding the commencement or threatening substantial economic | 27 |
loss to the permittee or by reason of conditions beyond the | 28 |
control and without the fault or negligence of the permittee, and | 29 |
except that with respect to coal to be mined for use in a | 30 |
synthetic fuel facility or specified major electric generating | 31 |
facility, the permittee shall be deemed to have commenced coal | 32 |
mining operations at the time construction of the synthetic fuel | 33 |
or generating facility is initiated.
| 34 |
(4)(a) Any permit issued pursuant to this chapter shall carry | 35 |
with it the right of successive renewal upon expiration with | 36 |
respect to areas within the boundaries of the permit. The holders | 37 |
of the permit may apply for renewal and the renewal shall be | 38 |
issued unless the chief determines by written findings, subsequent | 39 |
to fulfillment of the public notice requirements of this section | 40 |
and section 1513.071 of the Revised Code through demonstrations by | 41 |
opponents of renewal or otherwise, that one or more of the | 42 |
following circumstances exists:
| 43 |
(d) If the applicant is a partnership, corporation, | 94 |
association, or other business entity, the following where | 95 |
applicable: the names and addresses of every officer, partner, | 96 |
director, or person performing a function similar to a director, | 97 |
of the applicant, the name and address of any person owning, of | 98 |
record, ten per cent or more of any class of voting stock of the | 99 |
applicant, a list of all names under which the applicant, partner, | 100 |
or principal shareholder previously operated a coal mining | 101 |
operation within the United States within the five-year period | 102 |
preceding the date of submission of the application, and a list of | 103 |
the person or persons primarily responsible for ensuring that the | 104 |
applicant complies with the requirements of this chapter and rules | 105 |
adopted pursuant thereto while mining and reclaiming under the | 106 |
permit;
| 107 |
(e) A statement of whether the applicant, any subsidiary, | 108 |
affiliate, or persons controlled by or under common control with | 109 |
the applicant, any partner if the applicant is a partnership, any | 110 |
officer, principal shareholder, or director if the applicant is a | 111 |
corporation, or any other person who has a right to control or in | 112 |
fact controls the management of the applicant or the selection of | 113 |
officers, directors, or managers of the applicant:
| 114 |
(ii) Has been an officer, partner, director, principal | 121 |
shareholder, or person having the right to control or has in fact | 122 |
controlled the management of or the selection of officers, | 123 |
directors, or managers of a business entity that has had a coal | 124 |
mining or surface mining permit that in the five-year period prior | 125 |
to the date of submission of the application has been suspended or | 126 |
revoked or has had a coal mining or surface mining bond, | 127 |
performance security, or similar security deposited in lieu of | 128 |
bond forfeited and, if so, a brief explanation of the facts | 129 |
involved.
| 130 |
(f) A copy of the applicant's advertisement to be published | 131 |
in a newspaper of general circulation in the locality of the | 132 |
proposed site at least once a week for four successive weeks, | 133 |
which shall include the ownership of the proposed mine, a | 134 |
description of the exact location and boundaries of the proposed | 135 |
site sufficient to make the proposed operation readily | 136 |
identifiable by local residents, and the location where the | 137 |
application is available for public inspection;
| 138 |
(i) An accurate map or plan, to an appropriate scale, clearly | 145 |
showing the land to be affected and the land upon which the | 146 |
applicant has the legal right to enter and commence coal mining | 147 |
operations, copies of those documents upon which is based the | 148 |
applicant's legal right to enter and commence coal mining | 149 |
operations, and a statement whether that right is the subject of | 150 |
pending litigation. This chapter does not authorize the chief to | 151 |
adjudicate property title disputes.
| 152 |
(k) A determination of the probable hydrologic consequences | 156 |
of the mining and reclamation operations, both on and off the mine | 157 |
site, with respect to the hydrologic regime, providing information | 158 |
on the quantity and quality of water in surface and ground water | 159 |
systems including the dissolved and suspended solids under | 160 |
seasonal flow conditions and the collection of sufficient data for | 161 |
the mine site and surrounding areas so that an assessment can be | 162 |
made by the chief of the probable cumulative impacts of all | 163 |
anticipated mining in the area upon the hydrology of the area and | 164 |
particularly upon water availability, but this determination shall | 165 |
not be required until hydrologic information of the general area | 166 |
prior to mining is made available from an appropriate federal or | 167 |
state agency; however, the permit shall not be approved until the | 168 |
information is available and is incorporated into the application;
| 169 |
(m) Accurate maps prepared by or under the direction of and | 175 |
certified by a qualified registered professional engineer, | 176 |
registered surveyor, or licensed landscape architect to an | 177 |
appropriate scale clearly showing all types of information set | 178 |
forth on topographical maps of the United States geological survey | 179 |
of a scale of not more than four hundred feet to the inch, | 180 |
including all artificial features and significant known | 181 |
archeological sites. The map, among other things specified by the | 182 |
chief, shall show all boundaries of the land to be affected, the | 183 |
boundary lines and names of present owners of record of all | 184 |
surface areas abutting the permit area, and the location of all | 185 |
buildings within one thousand feet of the permit area.
| 186 |
(n)(i) Cross-section maps or plans of the land to be affected | 187 |
including the actual area to be mined, prepared by or under the | 188 |
direction of and certified by a qualified registered professional | 189 |
engineer or certified professional geologist with assistance from | 190 |
experts in related fields such as hydrology, hydrogeology, | 191 |
geology, and landscape architecture, showing pertinent elevations | 192 |
and locations of test borings or core samplings and depicting the | 193 |
following information: the nature and depth of the various strata | 194 |
of overburden; the nature and thickness of any coal or rider seam | 195 |
above the coal seam to be mined; the nature of the stratum | 196 |
immediately beneath the coal seam to be mined; all mineral crop | 197 |
lines and the strike and dip of the coal to be mined within the | 198 |
area to be affected; existing or previous coal mining limits; the | 199 |
location and extent of known workings of any underground mines, | 200 |
including mine openings to the surface; the location of spoil, | 201 |
waste, or refuse areas and topsoil preservation areas; the | 202 |
location of all impoundments for waste or erosion control; any | 203 |
settling or water treatment facility; constructed or natural | 204 |
drainways and the location of any discharges to any surface body | 205 |
of water on the land to be affected or adjacent thereto; profiles | 206 |
at appropriate cross sections of the anticipated final surface | 207 |
configuration that will be achieved pursuant to the operator's | 208 |
proposed reclamation plan; the location of subsurface water, if | 209 |
encountered; the location and quality of aquifers; and the | 210 |
estimated elevation of the water table. Registered surveyors shall | 211 |
be allowed to perform all plans, maps, and certifications under | 212 |
this chapter as they are authorized under Chapter 4733. of the | 213 |
Revised Code.
| 214 |
(o) A statement of the results of test borings or core | 219 |
samplings from the permit area, including logs of the drill holes, | 220 |
the thickness of the coal seam found, an analysis of the chemical | 221 |
properties of the coal, the sulfur content of any coal seam, | 222 |
chemical analysis of potentially acid or toxic forming sections of | 223 |
the overburden, and chemical analysis of the stratum lying | 224 |
immediately underneath the coal to be mined, except that this | 225 |
division may be waived by the chief with respect to the specific | 226 |
application by a written determination that its requirements are | 227 |
unnecessary. If the test borings or core samplings from the permit | 228 |
area indicate the existence of potentially acid forming or toxic | 229 |
forming quantities of sulfur in the coal or overburden to be | 230 |
disturbed by mining, the application also shall include a | 231 |
statement of the acid generating potential and the acid | 232 |
neutralizing potential of the rock strata to be disturbed as | 233 |
calculated in accordance with the calculation method established | 234 |
under section 1513.075 of the Revised Code or with another | 235 |
calculation method.
| 236 |
(q) A certificate issued by an insurance company authorized | 243 |
to do business in this state certifying that the applicant has a | 244 |
public liability insurance policy in force for the coal mining and | 245 |
reclamation operations for which the permit is sought or evidence | 246 |
that the applicant has satisfied other state self-insurance | 247 |
requirements. The policy shall provide for personal injury and | 248 |
property damage protection in an amount adequate to compensate any | 249 |
persons damaged as a result of coal mining and reclamation | 250 |
operations, including the use of explosives, and entitled to | 251 |
compensation under the applicable provisions of state law. The | 252 |
policy shall be maintained in effect during the term of the permit | 253 |
or any renewal, including the length of all reclamation | 254 |
operations. The insurance company shall give prompt notice to the | 255 |
permittee and the chief if the public liability insurance policy | 256 |
lapses for any reason including the nonpayment of insurance | 257 |
premiums. Upon the lapse of the policy, the chief may suspend the | 258 |
permit and all other outstanding permits until proper insurance | 259 |
coverage is obtained.
| 260 |
(s) If the applicant seeks an authorization under division | 262 |
(E)(7) of this section to conduct coal mining and reclamation | 263 |
operations on areas to be covered by the permit that were affected | 264 |
by coal mining operations before August 3, 1977, that have | 265 |
resulted in continuing water pollution from or on the previously | 266 |
mined areas, such additional information pertaining to those | 267 |
previously mined areas as may be required by the chief, including, | 268 |
without limitation, maps, plans, cross sections, data necessary to | 269 |
determine existing water quality from or on those areas with | 270 |
respect to pH, iron, and manganese, and a pollution abatement plan | 271 |
that may improve water quality from or on those areas with respect | 272 |
to pH, iron, and manganese.
| 273 |
(2) Information pertaining to coal seams, test borings, core | 274 |
samplings, or soil samples as required by this section shall be | 275 |
made available by the chief to any person with an interest that is | 276 |
or may be adversely affected, except that information that | 277 |
pertains only to the analysis of the chemical and physical | 278 |
properties of the coal, excluding information regarding mineral or | 279 |
elemental content that is potentially toxic in the environment, | 280 |
shall be kept confidential and not made a matter of public record.
| 281 |
(3)(a) If the chief finds that the probable total annual | 282 |
production at all locations of any operator will not exceed three | 283 |
hundred thousand tons, the following activities, upon the written | 284 |
request of the operator in connection with a permit application, | 285 |
shall be performed by a qualified public or private laboratory or | 286 |
another public or private qualified entity designated by the | 287 |
chief, and the cost of the activities shall be assumed by the | 288 |
chief, provided that sufficient moneys for such assistance are | 289 |
available:
| 290 |
(C) Each reclamation plan submitted as part of a permit | 329 |
application shall include, in the detail necessary to demonstrate | 330 |
that reclamation required by this chapter can be accomplished and | 331 |
in the detail necessary for the chief to determine the estimated | 332 |
cost of reclamation if the reclamation has to be performed by the | 333 |
division of mineral resources management in the event of | 334 |
forfeiture of the performance security by the applicant, a | 335 |
statement of:
| 336 |
(3) The use that is proposed to be made of the land following | 355 |
reclamation, including information regarding the utility and | 356 |
capacity of the reclaimed land to support a variety of alternative | 357 |
uses, the relationship of the proposed use to existing land use | 358 |
policies and plans, and the comments of any owner of the land and | 359 |
state and local governments or agencies thereof that would have to | 360 |
initiate, implement, approve, or authorize the proposed use of the | 361 |
land following reclamation;
| 362 |
(5) The engineering techniques proposed to be used in mining | 366 |
and reclamation and a description of the major equipment; a plan | 367 |
for the control of surface water drainage and of water | 368 |
accumulation; a plan, where appropriate, for backfilling, soil | 369 |
stabilization, and compacting, grading, and appropriate | 370 |
revegetation; a plan for soil reconstruction, replacement, and | 371 |
stabilization, pursuant to the performance standards in section | 372 |
1513.16 of the Revised Code, for those food, forage, and forest | 373 |
lands identified in that section; and a statement as to how the | 374 |
permittee plans to comply with each of the requirements set out in | 375 |
section 1513.16 of the Revised Code;
| 376 |
(12) The results of test borings that the applicant has made | 396 |
at the area to be covered by the permit, or other equivalent | 397 |
information and data in a form satisfactory to the chief, | 398 |
including the location of subsurface water, and an analysis of the | 399 |
chemical properties, including acid forming properties of the | 400 |
mineral and overburden; except that information that pertains only | 401 |
to the analysis of the chemical and physical properties of the | 402 |
coal, excluding information regarding mineral or elemental | 403 |
contents that are potentially toxic in the environment, shall be | 404 |
kept confidential and not made a matter of public record;
| 405 |
(2) With regard to requests for an exemption from the | 421 |
requirements of this chapter for coal extraction incidental to the | 422 |
extraction of other minerals, as described in division (H)(1)(a) | 423 |
of section 1513.01 of the Revised Code, confidential information | 424 |
includes and is limited to information concerning trade secrets or | 425 |
privileged commercial or financial information relating to the | 426 |
competitive rights of the persons intending to conduct the | 427 |
extraction of minerals.
| 428 |
(E)(1) Upon the basis of a complete mining application and | 429 |
reclamation plan or a revision or renewal thereof, as required by | 430 |
this chapter, and information obtained as a result of public | 431 |
notification and public hearing, if any, as provided by section | 432 |
1513.071 of the Revised Code, the chief shall grant, require | 433 |
modification of, or deny the application for a permit and notify | 434 |
the applicant in writing in accordance with division (I)(3) of | 435 |
this section. An application is deemed to be complete as submitted | 436 |
to the chief unless the chief, within fourteen days of the | 437 |
submission, identifies deficiencies in the application in writing | 438 |
and subsequently submits a copy of a written list of deficiencies | 439 |
to the applicant.
| 440 |
The applicant for a permit or revision of a permit has the | 443 |
burden of establishing that the application is in compliance with | 444 |
all the requirements of this chapter. Within ten days after the | 445 |
granting of a permit, the chief shall notify the boards of | 446 |
township trustees and county commissioners, the mayor, and the | 447 |
legislative authority in the township, county, and municipal | 448 |
corporation in which the area of land to be affected is located | 449 |
that a permit has been issued and shall describe the location of | 450 |
the land. However, failure of the chief to notify the local | 451 |
officials shall not affect the status of the permit.
| 452 |
(d) The area proposed to be mined is not included within an | 478 |
area designated unsuitable for coal mining pursuant to section | 479 |
1513.073 of the Revised Code or is not within an area under study | 480 |
for such designation in an administrative proceeding commenced | 481 |
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the | 482 |
Revised Code unless in an area as to which an administrative | 483 |
proceeding has commenced pursuant to division (A)(3)(c) or (B) of | 484 |
section 1513.073 of the Revised Code, the operator making the | 485 |
permit application demonstrates that, prior to January 1, 1977, | 486 |
the operator made substantial legal and financial commitments in | 487 |
relation to the operation for which a permit is sought.
| 488 |
(3)(a) The applicant shall file with the permit application a | 506 |
schedule listing all notices of violations of any law, rule, or | 507 |
regulation of the United States or of any department or agency | 508 |
thereof or of any state pertaining to air or water environmental | 509 |
protection incurred by the applicant in connection with any coal | 510 |
mining operation during the three-year period prior to the date of | 511 |
application. The schedule also shall indicate the final resolution | 512 |
of such a notice of violation. Upon receipt of an application, the | 513 |
chief shall provide a schedule listing all notices of violations | 514 |
of this chapter pertaining to air or water environmental | 515 |
protection incurred by the applicant during the three-year period | 516 |
prior to receipt of the application and the final resolution of | 517 |
all such notices of violation. The chief shall provide this | 518 |
schedule to the applicant for filing by the applicant with the | 519 |
application filed for public review, as required by division | 520 |
(B)(5) of this section. When the schedule or other information | 521 |
available to the chief indicates that any coal mining operation | 522 |
owned or controlled by the applicant is currently in violation of | 523 |
such laws, the permit shall not be issued until the applicant | 524 |
submits proof that the violation has been corrected or is in the | 525 |
process of being corrected to the satisfaction of the regulatory | 526 |
authority, department, or agency that has jurisdiction over the | 527 |
violation and that any civil penalties owed to the state for a | 528 |
violation and not the subject of an appeal have been paid. No | 529 |
permit shall be issued to an applicant after a finding by the | 530 |
chief that the applicant or the operator specified in the | 531 |
application controls or has controlled mining operations with a | 532 |
demonstrated pattern of willful violations of this chapter of a | 533 |
nature and duration to result in irreparable damage to the | 534 |
environment as to indicate an intent not to comply with or a | 535 |
disregard of this chapter.
| 536 |
(b) For the purposes of division (E)(3)(a) of this section, | 537 |
any violation resulting from an unanticipated event or condition | 538 |
at a surface coal mining operation on lands eligible for remining | 539 |
under a permit held by the person submitting an application for a | 540 |
coal mining permit under this section shall not prevent issuance | 541 |
of that permit. As used in this division, "unanticipated event or | 542 |
condition" means an event or condition encountered in a remining | 543 |
operation that was not contemplated by the applicable surface coal | 544 |
mining and reclamation permit.
| 545 |
(4)(a) In addition to finding the application in compliance | 546 |
with division (E)(2) of this section, if the area proposed to be | 547 |
mined contains prime farmland as determined pursuant to division | 548 |
(B)(1)(p) of this section, the chief, after consultation with the | 549 |
secretary of the United States department of agriculture and | 550 |
pursuant to regulations issued by the secretary of the interior | 551 |
with the concurrence of the secretary of agriculture, may grant a | 552 |
permit to mine on prime farmland if the chief finds in writing | 553 |
that the operator has the technological capability to restore the | 554 |
mined area, within a reasonable time, to equivalent or higher | 555 |
levels of yield as nonmined prime farmland in the surrounding area | 556 |
under equivalent levels of management and can meet the soil | 557 |
reconstruction standards in section 1513.16 of the Revised Code.
| 558 |
(6) The chief may issue an order denying a permit after | 565 |
finding that the applicant, any partner, if the applicant is a | 566 |
partnership, any officer, principal shareholder, or director, if | 567 |
the applicant is a corporation, or any other person who has a | 568 |
right to control or in fact controls the management of the | 569 |
applicant or the selection of officers, directors, or managers of | 570 |
the applicant has been a sole proprietor or partner, officer, | 571 |
director, principal shareholder, or person having the right to | 572 |
control or has in fact controlled the management of or the | 573 |
selection of officers, directors, or managers of a business entity | 574 |
that ever has had a coal mining license or permit issued by this | 575 |
or any other state or the United States suspended or revoked, ever | 576 |
has forfeited a coal or surface mining bond, performance security, | 577 |
or similar security deposited in lieu of bond in this or any other | 578 |
state or with the United States, or ever has substantially or | 579 |
materially failed to comply with this chapter.
| 580 |
(7) When issuing a permit under this section, the chief may | 581 |
authorize an applicant to conduct coal mining and reclamation | 582 |
operations on areas to be covered by the permit that were affected | 583 |
by coal mining operations before August 3, 1977, that have | 584 |
resulted in continuing water pollution from or on the previously | 585 |
mined areas for the purpose of potentially reducing the pollution | 586 |
loadings of pH, iron, and manganese from discharges from or on the | 587 |
previously mined areas. Following the chief's authorization to | 588 |
conduct such operations on those areas, the areas shall be | 589 |
designated as pollution abatement areas for the purposes of this | 590 |
chapter.
| 591 |
(f) Neither the applicant; any partner, if the applicant is a | 613 |
partnership; any officer, principal shareholder, or director, if | 614 |
the applicant is a corporation; any other person who has a right | 615 |
to control or in fact controls the management of the applicant or | 616 |
the selection of officers, directors, or managers of the | 617 |
applicant; nor any contractor or subcontractor of the applicant, | 618 |
has any of the following:
| 619 |
(iii) During the eighteen months prior to submitting the | 627 |
permit application requesting an authorization under division | 628 |
(E)(7) of this section, had a coal mining and reclamation permit | 629 |
suspended or revoked under division (D)(3) of section 1513.02 of | 630 |
the Revised Code for violating this chapter or Chapter 6111. of | 631 |
the Revised Code or rules adopted under them with respect to water | 632 |
quality, effluent limitations, or surface or ground water | 633 |
monitoring;
| 634 |
(8) In the case of the issuance of a permit that involves a | 638 |
conflict of results between various methods of calculating | 639 |
potential acidity and neutralization potential for purposes of | 640 |
assessing the potential for acid mine drainage to occur at a mine | 641 |
site, the permit shall include provisions for monitoring and | 642 |
record keeping to identify the creation of unanticipated acid | 643 |
water at the mine site. If the monitoring detects the creation of | 644 |
acid water at the site, the permit shall impose on the permittee | 645 |
additional requirements regarding mining practices and site | 646 |
reclamation to prevent the discharge of acid mine drainage from | 647 |
the mine site. As used in division (E)(8) of this section, | 648 |
"potential acidity" and "neutralization potential" have the same | 649 |
meanings as in section 1513.075 of the Revised Code.
| 650 |
(2) An application for a revision of a permit shall not be | 654 |
approved unless the chief finds that reclamation required by this | 655 |
chapter can be accomplished under the revised reclamation plan. | 656 |
The revision shall be approved or disapproved within ninety days | 657 |
after receipt of a complete revision application. The chief shall | 658 |
establish, by rule, criteria for determining the extent to which | 659 |
all permit application information requirements and procedures, | 660 |
including notice and hearings, shall apply to the revision | 661 |
request, except that any revisions that propose significant | 662 |
alterations in the reclamation plan, at a minimum, shall be | 663 |
subject to notice and hearing requirements.
| 664 |
(I)(1) If an informal conference has been held pursuant to | 676 |
section 1513.071 of the Revised Code, the chief shall issue and | 677 |
furnish the applicant for a permit, persons who participated in | 678 |
the informal conference, and persons who filed written objections | 679 |
pursuant to division (B) of section 1513.071 of the Revised Code, | 680 |
with the written finding of the chief granting or denying the | 681 |
permit in whole or in part and stating the reasons therefor within | 682 |
sixty days of the conference, provided that the chief shall comply | 683 |
with the time frames established in division (I)(3) of this | 684 |
section.
| 685 |
(3) The chief shall grant or deny a permit not later than two | 692 |
hundred forty days after the submission of a complete application | 693 |
for the permit. Any time during which the applicant is making | 694 |
revisions to an application or providing additional information | 695 |
requested by the chief regarding an application shall not be | 696 |
included in the two hundred forty days. If the chief determines | 697 |
that a permit cannot be granted or denied within the | 698 |
two-hundred-forty-day time frame, the chief, not later than two | 699 |
hundred ten days after the submission of a complete application | 700 |
for the permit, shall provide the applicant with written notice of | 701 |
the expected delay.
| 702 |
(4) If the application is approved, the permit shall be | 703 |
issued. If the application is disapproved, specific reasons | 704 |
therefor shall be set forth in the notification. Within thirty | 705 |
days after the applicant is notified of the final decision of the | 706 |
chief on the permit application, the applicant or any person with | 707 |
an interest that is or may be adversely affected may appeal the | 708 |
decision to the reclamation commission pursuant to section 1513.13 | 709 |
of the Revised Code.
| 710 |
(B) A person having an interest that is or may be adversely | 756 |
affected may petition the chief to have an area designated as | 757 |
unsuitable for coal mining operations or to have such a | 758 |
designation terminated. The petition shall contain allegations of | 759 |
facts with supporting evidence that would tend to establish the | 760 |
allegations. The chief shall hold a public meeting in the locality | 761 |
of the affected area, after appropriate notice and publication of | 762 |
the date, time, and location of the meeting within ninety days | 763 |
after receipt of the petition, provided that the chief may extend | 764 |
the time for holding the meeting an additional two hundred ten | 765 |
days when, in the chief's judgment, such additional time is needed | 766 |
for adequate review of the petition. Any person may appear at the | 767 |
meeting and present a statement or evidence regarding the | 768 |
petition. Within sixty days after the meeting, the chief shall | 769 |
issue and furnish to the petitioner and any other participant at | 770 |
the meeting a written decision regarding the petition, and the | 771 |
reasons therefor. | 772 |
(1) On any lands within the boundaries of units of the | 783 |
national park system, the national wildlife refuge systems, the | 784 |
national system of trails, the national wilderness preservation | 785 |
system, the wild and scenic rivers system, including study rivers | 786 |
designated under section 5(a) of the "Wild and Scenic Rivers Act," | 787 |
82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national recreation | 788 |
areas designated by act of congress; | 789 |
(4) Within one hundred feet of the outside right-of-way line | 797 |
of any public road, measured horizontally, except where mine | 798 |
access roads or haulage roads join such right-of-way line and | 799 |
except that the chief may permit the roads to be relocated or the | 800 |
area affected to lie within one hundred feet of such road if after | 801 |
public notice and opportunity for public meeting in the locality | 802 |
of the affected area a written finding is made that the interests | 803 |
of the public and the landowners affected thereby will be | 804 |
protected; | 805 |
(5) Within three hundred feet from any occupied dwelling, | 806 |
measured horizontally, unless waived by the owner thereof, nor | 807 |
within three hundred feet, measured horizontally, of any public | 808 |
building, school, church, community, or institutional building, or | 809 |
public park, nor within one hundred feet, measured horizontally, | 810 |
of a cemetery. | 811 |