25 Pa. Code § 86.64 - Right of entry
(a) An
application shall contain a description of the documents upon which the
applicant bases his legal right to enter and commence coal mining activities
within the permit area and whether that right is the subject of pending court
litigation. The description shall identify the 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.
(b) Where the private mineral estate to be
mined has been severed from the private surface estate, an applicant shall also
submit one of the following:
(1) A copy of the
written consent of the surface owner for the extraction of coal by surface
mining methods.
(2) A copy of the
conveyance that expressly grants or reserves the right to extract coal by
surface mining methods.
(3) If the
conveyance does not expressly grant the right to extract the coal by surface
mining methods, documentation that under the law of the Commonwealth, the
applicant has the legal authority to extract the coal by those
methods.
(c) This section
will not be construed to provide the Department with the authority to
adjudicate property rights disputes.
(d) Except for permit applications based upon
leases in existence on January 1, 1964, for bituminous coal surface mines, or
leases in existence on January 1, 1972, for anthracite coal surface mining
operations or permit applications for coal refuse disposal areas, coal
preparation facilities which are not situated on a surface mining permit area
and the surface activities of underground mines, the application for a permit
shall include, upon a form prepared and furnished by the Department, the
written consent of the landowner to enter upon land to be affected by the
activities by the operator and by the Commonwealth and of its authorized agents
prior to the initiation of surface mining activities, during surface mining
activities, and for 5 years after the activities are completed or abandoned for
the purpose of reclamation, planting and inspection or for the construction of
pollution abatement facilities as deemed necessary by the Department for the
purpose of the acts. The forms shall be deemed to be recordable documents and,
prior to the initiation of coal mining activities under the permit, the forms
shall be recorded by the applicant at the office of the recorder of deeds in
the county in which the area to be affected under the permit is situated.
(1) In the case of a lease in existence on
January 1, 1964, for bituminous coal surface mines, or leases in existence on
January 1, 1972, for anthracite coal surface mining operations, the application
for permit shall include, upon a form prescribed and furnished by the
Department, a notice of the existence of the lease and a description of the
chain of title.
(i) The forms shall be deemed
to be recordable documents, and, prior to the initiation of coal mining
activities under the permit, the forms shall be recorded by the applicant at
the office of the recorder of deeds in the county in which the area to be
affected under the permit is situated.
(ii) The forms shall require the information
and execution necessary to provide entry upon land to be affected by the
operation without constraints pertaining to the assignability, transferability
or duration of the consent, except as provided for in the acts. This form may
not alter or constrain the contractual agreements and rights of the parties
thereto.
(2) In the case
of permits for coal refuse disposal areas, coal preparation facilities which
are not situated on a surface mining permit area, and underground mines, the
applicant shall describe the documents upon which the applicant bases the right
to enter upon the land and conduct coal mining activities. The Department will
have access to the permitted surface facilities and lands during the mining
activities and for 5 years after completion or abandonment of the mining and
reclamation activities for the purpose of reclamation, planting and inspection
or for the construction of pollution-abatement facilities deemed necessary by
the Department. The Department may issue orders to require access. If a
landowner fails or refuses to comply with an order to require access, the
landowner shall be liable for reasonable legal expenses incurred by the
Department in enforcing the order. For purposes of issuing orders and imposing
liability for reasonable legal expenses under this subsection, a landowner
includes a person holding title to, or having a proprietary interest in,
surface or subsurface rights.
(3)
The requirements of this subsection are in addition to the information required
by subsections (a) and (b).
(e) For the purpose of this section the term
"lease" means an agreement in which the surface landowner is the lessor and the
applicant is the lessee or the assignee of the lessee. A deed of severance is
not a lease.
(f) The information
required in this section shall be made part of the permit application prior to
approval of the bond under Subchapter F (relating to bonding and insurance
requirements).
Notes
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