Ill. Admin. Code tit. 62, § 1761.11 - Areas Where Mining is Prohibited or Limited
Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment:
a)
On any lands within the boundaries of the National Park System, the National
Wildlife Refuge System, the National System of Trails, the National Wilderness
Preservation System, the Wild and Scenic Rivers System, including study rivers
designated under section 5(a) of the Wild and Scenic Rivers Act (
16
USC 1276(a) ) or study
rivers or study river corridors as established in guidelines pursuant to that
Act published at 47 FR 39454 (September 7, 1982), and National Recreation Areas
designated by Act of Congress. The guidelines at 47 FR 39454 do not include any
subsequent editions or amendments;
b) On any Federal lands within the boundaries
of any national forest; provided, however, that surface coal mining operations
may be permitted on such lands, if the Secretary of the United States
Department of the Interior (Secretary) finds that there are no significant
recreational, timber, economic, or other values which may be incompatible with
surface coal mining operations; and surface operations and impacts are incident
to an underground coal mine;
c) On
any lands which will adversely affect any publicly owned park or any places
included on the National Register of Historic Places, unless approved jointly
by the Department and the Federal, State or local agency with jurisdiction over
the park or places;
d) Within 100
feet measured horizontally of the outside right-of-way line of any public road,
except:
1) Where mine access roads or haulage
roads join such right of way lines; or
2) Where the Illinois Department of Natural
Resources, Office of Mines and Minerals (Department) and the public road
authority with jurisdiction over the road under Illinois law allows the public
road to be relocated, closed, or where the Department allows the area affected
to be within 100 feet of such road, after:
A)
Public notice and opportunity for a public hearing in accordance with Section
1761.14;
and
B) Making a written finding
that the interests of the affected public and landowners will be
protected;
e)
Within 300 feet measured horizontally, from any occupied dwelling in existence,
under construction, or contracted for at the time of public notice, except
when:
1) The owner thereof has provided a
written waiver, pursuant to Section
1761.15,
consenting to surface coal mining operations closer than 300 feet; or
2) The part of the mining operation which is
within 300 feet of the dwelling is a haul road or access road which connects
with an existing public road on the side of the public road opposite the
dwelling;
f) Within 300
feet measured horizontally of any public building, school, church, community or
institutional building, or public park; or
g) Within 100 feet measured horizontally of a
cemetery. Cemeteries may be relocated if authorized by applicable State law or
regulations.
Notes
Amended at 29 Ill. Reg. 8330, effective May 27, 2005
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