Section 1778.16  Relationship to Areas Designated Unsuitable for Mining

a)         An application shall contain a statement of available information on whether the proposed permit and shadow areas are within an area designated unsuitable for surface coal mining and reclamation operations or under study for designation in an administrative proceeding under 62 Ill. Adm. Code 1762 and 1764.

b)         If an applicant claims the exemption in 62 Ill. Adm. Code 1762.13(c), the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface coal mining and reclamation operations.

c)         An application in which the applicant proposes to conduct surface coal mining operations within 300 feet of an occupied dwelling or within 100 feet of a public road must meet the requirements of 62 Ill. Adm. Code 1761.15 or 1761.14, respectively.

(Source:  Amended at 27 Ill. Reg. 4668, effective February 26, 2003)