Ill. Admin. Code tit. 62, § 1778.15 - Right of Entry Information
a) An
application shall contain:
1) the name and
address of each legal or equitable owner of record of the surface and mineral
property to be mined, each holder of record of any leasehold interest in the
property to be mined, and any purchaser of record under a real estate contract
for the property to be mined;
2)
the name and address of each owner of record of all property (surface and
subsurface) contiguous to any part of the proposed permit area;
3) a statement of all lands, interest in
lands, options, or pending bids on interests held or made by the applicant for
lands contiguous to the area described in the permit application. If requested
by the applicant, any information required in this Section that is not on
public file pursuant to State law shall be held in confidence by the
Department, as provided in 62 Ill. Adm. Code
1773.13(d)(3)(B);
and
4) the Mine Safety and Health
Administration (MSHA) numbers for all structures that require MSHA
approval.
b) An
application shall contain a description of the documents upon which the
applicant bases his or her legal right to enter and begin surface coal mining
and reclamation operations in the permit area and shall state whether that
right is the subject of pending litigation. The description shall identify
those documents by type and date of execution, identify the specific lands to
which the document pertains, and explain the legal rights claimed by the
applicant. The Department will not be liable in any way if the claimed right to
enter and begin surface mining activities has been, or is later, adjudicated
invalid by a court of competent jurisdiction. Documents shall not be submitted
to the Department in lieu of the description identified in this subsection;
however, the Department may subsequently require the applicant to provide such
information during the permitting process.
c) For surface mining activities where the
private mineral estate to be mined has been severed from the private surface
estate, the application shall also provide for lands within the permit area:
1) a copy of the written consent of the
surface owner to the extraction of coal by surface mining methods;
2) a copy of the conveyance that expressly
grants or reserves the right to extract the coal by surface mining methods;
or
3) if the conveyance does not
expressly grant the right to extract the coal by surface mining methods,
documentation that under the applicable State law, the applicant has the legal
authority to extract the coal by those methods.
d) Nothing in this Section shall be construed
to afford the Department the authority to adjudicate property title
disputes.
e) In satisfaction of the
requirements of this Section the Department may accept, as part of a permit
application, a statement, notarized and attested to the truth of the statement,
signed by an attorney licensed to practice law in the State of Illinois, the
applicant has the legal right to enter and commence the surface coal mining and
reclamation operations proposed in the application. The statement shall
identify the documents upon which it is based by type and date of execution,
identify the specific lands to which each document pertains, and explain the
legal rights claimed by the applicant. If subsection (c) applies, the statement
shall also include copies of the documents as required in subsections (c)(1)
through (3).
f) An application in
which the applicant claims to have valid existing rights to conduct surface
coal mining operations in an area where mining is prohibited or limited under
62 Ill. Adm. Code
1761.11
shall contain the necessary information and meet the requirements of Section
1778.16
and the applicable portions of 62 Ill. Adm. Code
1761.14
through
1761.17.
g) All applications for shadow area shall
contain a notarized statement by a responsible official of the applicant
attesting that all necessary mining rights, including the right to subside, if
applicable, have been or will be obtained prior to mining.
Notes
Amended at 27 Ill. Reg. 4668, effective February 26, 2003
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