Okla. Stat. tit. 45, § 45-724

Permit or bond release applications.

A. It shall be unlawful for any operator to engage in any

mining operations in this state without first obtaining a permit or

a Limited Use Permit from the Department of Mines for each separate

mining operation. The Department shall determine what constitutes a

Oklahoma Statutes - Title 45. Mines and Mining Page 47

separate mining operation by rules promulgated under the Mining

Lands Reclamation Act.

B. Any operator desiring to engage in limited mining activity

may apply for a Limited Use Permit for those mining operations not

eligible for a surface mining permit. Application for such permit

shall be made upon forms furnished by the Department. The form

shall contain a description of the tract or tracts of land and shall

include the section, township, range and county in which the land is

located. A map shall be attached to the application which

accurately outlines and locates the tract of land. A statement that

the applicant has the right and power by legal estate owned to mine

the land so described shall be included with the application. In

addition, the following conditions and requirements shall apply to

Limited Use Permits:

1. The maximum acreage shall be restricted to two (2) acres;

2. The term of a Limited Use Permit shall not exceed twelve

(12) months from the date of issuance;

3. A Limited Use Permit shall not carry a right of successive

renewal;

4. A Limited Use Permit site must be reclaimed as required by

Section 725 of this title within six (6) months following the

expiration of the permit term;

5. A three-thousand-five-hundred-dollar reclamation bond must

be filed with the Department prior to issuance of the permit;

6. Failure to reclaim the site disturbance within the permitted

time frame or revocation of the Limited Use Permit will be cause for

bond forfeiture or other action as may be ordered by the Department;

7. The use of processing equipment shall not be approved for a

Limited Use Permit;

8. The use of explosives shall not be approved under a Limited

Use Permit;

9. A processing fee of One Hundred Dollars ($100.00) shall

accompany the application for a Limited Use Permit; and

10. Mining production shall be reported and paid as required by

Section 931 of this title.

If the above listed conditions and requirements are met, the

Department may issue a Limited Use Permit which shall not be subject

to the notice and publication requirements as otherwise required by

this section.

C. 1. Any operator desiring to engage in surface mining shall

make written application to the Department for a permit.

Application for such permit shall be made upon a form furnished by

the Department. The form shall contain a description of the tract

or tracts of land and the estimated number of acres to be affected

by surface mining by the operator. The description shall include

the section, township, range and county in which the land is located

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and shall otherwise describe the land with sufficient certainty so

that it may be located and distinguished from other lands.

2. Transmission lines shall be plotted on a location map

submitted with the application. A statement that the operator has

the right and power by legal estate owned to mine by surface mining

the land so described shall be included with the application.

D. 1. Any operator desiring to engage in underground mining

shall make written application to the Department for a permit.

Application for such permit shall be made upon a form furnished by

the Department. The form shall contain a description of the tract

or tracts of land to be used as refuse disposal areas. The

description shall include the section, township, range and county in

which the land is located and shall otherwise describe the land with

sufficient certainty so that it may be located and distinguished

from other lands.
ch permit shall be made upon a form furnished by

the Department. The form shall contain a description of the tract

or tracts of land to be used as refuse disposal areas. The

description shall include the section, township, range and county in

which the land is located and shall otherwise describe the land with

sufficient certainty so that it may be located and distinguished

from other lands.

2. A statement that the applicant has the right and power by

legal estate owned to use the land so described as a refuse disposal

area shall be included with the application.

E. Each application for a permit under subsections C and D of

this section shall be accompanied by a plan of reclamation of the

affected land that meets the requirements of the Mining Lands

Reclamation Act. The application shall set forth the proposed use

to be made of the affected land, the grading to be accomplished, the

type of revegetation, and shall include the approximate time of

grading and initial revegetation effort.

F. Each application for a permit under subsections C and D of

this section shall be accompanied by the bond or security meeting

the requirements of Section 728 of this title, or proof that such

bond or security is still in effect, and a fee of One Hundred

Seventy-five Dollars ($175.00) for each permit year, payable at the

rate of One Hundred Seventy-five Dollars ($175.00) per year on the

anniversary date of the year in which the permit or permit renewal

was issued. All application fees shall be submitted to the State

Treasurer, who shall deposit them in the Department of Mines

Revolving Fund.

G. 1. Upon the receipt of such application, bond or security

and fee due from the operator, the Department may issue a permit to

the applicant which shall entitle the applicant to engage in mining

on the land therein described in accordance with the rules

promulgated by the Department, for the life expectancy of the

operation unless the operator is in violation of any state statute

or rule of the Department in which case the Department shall take

appropriate action against the operator.

2. All applications for renewal of existing permits shall be

filed prior to the expiration of the existing permit in accordance

with the rules promulgated by the Department.

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3. No permit shall be issued except upon proper application and

public hearing, if requested.

H. 1. a. Upon filing the application with the Department, the

applicant shall place an advertisement in a newspaper

of general circulation in the vicinity of the mining

operation, containing such information as is required

by the Department, at least once a week for four (4)

consecutive weeks.

b. The advertisement shall contain, at a minimum, the

following:

(1) the name and business address of the applicant,

(2) a description which clearly shows or describes

the precise location and boundaries of the

proposed permit area and is sufficient to enable

local residents to readily identify the proposed

permit area. It may include towns, bodies of

water, local landmarks, and any other information

which would identify the location,

(3) the location where a copy of the application is

available for public inspection,

(4) the name and address of the Department where

written comments, objections, or requests for

informal conferences on the application may be

submitted pursuant to subsection P of this

section,

(5) if an applicant seeks a permit to mine which

includes relocation or closing of a public road,

a copy of the county resolution pertaining to the

affected county road, and
for public inspection,

(4) the name and address of the Department where

written comments, objections, or requests for

informal conferences on the application may be

submitted pursuant to subsection P of this

section,

(5) if an applicant seeks a permit to mine which

includes relocation or closing of a public road,

a copy of the county resolution pertaining to the

affected county road, and

(6) such other information as is required by the

Department.

2. Any property owner or resident of an occupied dwelling who

may be adversely affected located within one (1) mile of the mining

operation shall have the right to protest the issuance of a permit

and request a public hearing.

3. The Department shall notify the surface owners of any

hearings in connection with applications or permits in the same

manner as the operator is notified.

4. Such protests must be received by the Department within

fourteen (14) days after the date of publication of the newspaper

advertisement. If a public hearing is requested, the Department

shall then hold an informal hearing in the vicinity of the proposed

mining.

5. Upon completion of findings after the hearing, the

Department shall determine whether to issue or deny the permit, and

shall notify all parties of its decision.

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6. Any decision regarding the issuance of a permit under this

section shall be appealable when entered, as provided in the

Administrative Procedures Act.

I. Each application for a new operation shall contain, where

applicable, a list of all other licenses and permits needed by the

applicant to conduct the proposed mining operation. This list shall

identify each license and permit by:

1. Type of permit or license;

2. Name and address of issuing authority;

3. Identification number or a copy of the application for

permits or licenses or, if issued, a copy of the permit or license;

and

4. If a decision has been made, the date of approval or

disapproval by each issuing authority.

An existing operation which does not have on file a list of the

applicable licenses or permits with the Department on the date of

enactment of this act shall not be out of compliance with the

provisions of this section. Any renewal of an existing permit or

expansion or amendment to an existing operation upon time of

application shall submit a copy of all approved licenses and permits

issued by other agencies or jurisdictions.

Identifications of all permits and licenses shall include local

government agencies with jurisdiction over or an interest in the

area of the proposed mining operation including, but not limited to,

planning agencies, water and sewer authorities; and all state and

federal government agencies with authority to issue permits and

licenses applicable to the proposed mining operation, including all

state environmental agencies, U.S. Army Corps of Engineers, U.S.

Department of Agriculture Natural Resources Conservation Service

district office, and federal fish and wildlife agencies.

J. An operator desiring to have such operator's permit amended

to cover additional land may file an amended application with the

Department. Upon receipt of the amended application, and such

additional bond as may be required under the provisions of the

Mining Lands Reclamation Act, the Department shall issue an

amendment to the original permit covering the additional land

described in the amended application, without the payment of any

additional fee.

K. An operator may withdraw any land covered by a permit,

deleting affected land therefrom, by notifying the Department, in

which case the penalty of the bond or security filed by such

operator pursuant to the provisions of the Mining Lands Reclamation

Act shall be reduced proportionately.

L. Permits issued to an operator may be transferable to another

operator, provided the new operator can demonstrate to the
withdraw any land covered by a permit,

deleting affected land therefrom, by notifying the Department, in

which case the penalty of the bond or security filed by such

operator pursuant to the provisions of the Mining Lands Reclamation

Act shall be reduced proportionately.

L. Permits issued to an operator may be transferable to another

operator, provided the new operator can demonstrate to the

Department, prior to the transfer of ownership, that conditions and

obligations required for the permit will be met and the new operator

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has submitted a performance bond or other guarantee, or has obtained

the bond coverage of the original permittee.

M. The perimeter of the permit area shall be clearly marked by

durable and recognizable markers or by other means approved by the

Department.

N. The Department shall determine the blasting distance to

transmission lines by rule.

O. 1. If any mining operations where blasting is required

occur within the limits of a municipality with a population in

excess of three hundred thousand (300,000) according to the latest

Federal Decennial Census or within the limits of a municipality

within a county with a population in excess of three hundred

thousand (300,000) according to the latest Federal Decennial Census,

the application for a permit pursuant to subsections C and D of this

section shall be accompanied by proof that the operator is in full

compliance with all applicable regulations of the municipality.

Certified copies of any required municipal permits and any other

required written municipal approvals shall be attached to the

application when submitted to the Department. No mining permit

shall be issued by the Department unless the applicant first

complies with the requirements of this subsection. A municipality

is not required to reconsider requests denied by the municipality

related to the same site unless the municipality determines there

has been a material change in the application.

2. The provisions of paragraph 1 of this subsection shall not

apply to existing permitted operations, revisions or amendments

thereto, or any application on file with the Department prior to May

25, 2005. In addition, the provisions of paragraph 1 of this

subsection shall not apply to any future operation on property

directly adjacent to property on which a permitted operation is

located, provided that the operation is permitted and the adjacent

property is owned or leased by the operator on the effective date of

this act. For purposes of this subsection, properties separated by

a public road shall be considered to be adjacent.

P. Within a reasonable time, as established by the Department,

written comments or objections on permit or bond release

applications may be submitted to the Department by public entities

including but not limited to the local soil conservation district,

with respect to the effects of the proposed mining operations on the

environment.

Q. Any person having an interest in or who is or may be

adversely affected by the decision on a permit or bond release

application, or any federal, state or local agency, shall have the

right to request in writing that the Department hold an informal

conference on the application. The Department shall hold the

informal conference within a reasonable time following the receipt

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of the written request at a location in the vicinity of the proposed

or active surface mining or reclamation operation.