US Lawyer Database

Section 207.18 – Coal exploration permits.

207.18 Coal exploration permits. 1. A coal exploration operation in this state which substantially disturbs the natural land surface shall be conducted in accordance with exploration rules issued by the division. The rules shall include at a minimum the following: a. The requirement that prior to conducting an exploration the person must file with the […]

Section 207.19 – Surface effects of underground coal mining operations.

207.19 Surface effects of underground coal mining operations. 1. The provisions of this chapter shall be applicable to surface operations and surface impacts incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to accommodate the distinct difference between surface […]

Section 207.20 – Authority to enter into cooperative agreements.

207.20 Authority to enter into cooperative agreements. The division may enter into a cooperative agreement with the secretary to provide for the division to regulate mining and reclamation operations on federal lands within the state. If the division enters into a cooperative agreement with the secretary under this section, such agreement shall be conducted according […]

Section 207.21 – Abandoned mine reclamation program.

207.21 Abandoned mine reclamation program. 1. The division shall participate in the abandoned mine reclamation program under Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV. There is established an abandoned mine reclamation fund under the control of the division. 2. a. Lands and water eligible for reclamation or drainage […]

Section 207.22 – Acquisition and reclamation of land.

207.22 Acquisition and reclamation of land. 1. a. The division, pursuant to a state program approved by the secretary, may take action as provided in paragraph “b” of this subsection if it finds all of the following: (1) Land or water resources have been adversely affected by past coal mining practices. (2) The adverse effects […]

Section 207.23 – Liens.

207.23 Liens. 1. Within six months after the completion of a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the division shall itemize the money expended on the project and may file a lien statement in the office of the district court clerk of […]

Section 207.24 – Water rights and replacement.

207.24 Water rights and replacement. 1. This chapter shall not be construed as affecting the right of any person’s interest in water resources affected by a mining operation. 2. The operator of a mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner’s […]

Section 207.25 – Additional duties and powers of the division.

207.25 Additional duties and powers of the division. In addition to the duties and powers conferred upon the division, it shall have the power to prescribe by rule the necessary procedures and requirements of operators to carry out the purpose and provisions of this chapter. [C81, §83.25] C93, §207.25

Section 207.26 – Mining operations not subject to this chapter.

207.26 Mining operations not subject to this chapter. The provisions of this chapter shall not apply to any of the following activities: 1. The extraction of coal by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner. 2. The extraction of coal as an incidental part of federal, […]

Section 207.27 – Experimental practices.

207.27 Experimental practices. In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, agricultural, residential, or public use including recreational facilities, the division with approval by the secretary may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under […]