§1256 Permits

Summary

You may not start or run surface coal mining on land in a State unless you first get a permit from the State (if the State has an approved program) or from the federal agency (if the federal program applies). That rule begins eight months after the State program is approved or eight months after a federal program is set up for a State without a program. If you already have a State permit under the earlier rules, you can keep working past that time if you filed a new permit application and the agency has not made its first decision yet. Permits normally last no more than five years, but an agency can allow a longer term if the applicant shows they need it to get financing and the application is complete. A person who takes over a permit can keep mining if they apply for a new permit within 30 days and can get the original bond coverage. A permit ends if mining does not begin within three years, though the agency can give reasonable extensions for litigation, events beyond the operator’s control, or to avoid big economic loss; special limits apply to Federal coal leases. For coal tied to a synthetic fuel plant or major power plant, starting that facility’s construction counts as starting the mining. Valid permits can be renewed for the same area. Renewals require public notice and can only be denied for specific reasons: failure to meet permit terms, environmental noncompliance, threats to continued responsibility, lack of bond coverage, or missing updated information. Adding new land in a renewal must meet the full standards for new permits, and renewal applications must be filed at least 120 days before the permit expires.