Okla. Admin. Code § 460:10-13-5.1

Current through Vol. 42, No. 8, January 2, 2025

Section 460:10-13-5.1 - Permitting for non-coal mining within a Sensitive Basin

(a) A "Subject mine" means a "mine," as defined in the paragraph 2 of Section 723 of Title 45 of the Oklahoma Statutes, proposed for a location overlying a sensitive sole source groundwaterbasin or subbasin, exclusive of any mine that meets at least one of the following conditions:

(1) As of November 1, 2019, is engaged in the permitted extraction of minerals from natural deposits; or,

(2) Satisfies the criteria of paragraph 1 or 2 of subsection C of Section 1020.2 of Title 82 of the Oklahoma Statutes; or,

(3) Is not permitted to operate for a period of more than five (5) years, with no extensions or renewals; or,

(4) The operation of which will not result in more than five (5) acre-feet per year of groundwater emanating from a sensitive soul source groundwater basin or subbasin to infiltrate its pit, as that term is defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma Statutes.

(b) The Legislature hereby declares and establishes a moratorium on the Department of Mines issuing, in relation to any location overlying a sensitive sole source groundwater basin or subbasin or in which groundwater emanating from any sensitive sole source groundwater basin or subbasin may collect within a pit, as defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma Statutes:

(1) Any permit, pursuant to Section 724 of Title 45 of the Oklahoma Statutes, to any subject mine;

(2) Any amendment or revision to any existing mining permit that covers additional land which includes extensions of boundaries shown in the initial permit, pursuant to subsection J of Section 724 of Title 45 of the Oklahoma Statutes, if such amendment or revision would increase the acreage under the permit for that mine location by more than one hundred percent (100%) or four hundred (400) acres, whichever is less, as compared to the acreage under the permit for that mine location.

(3) Notwithstanding the moratorium, nothing precludes the Department of Mines from issuing an amendment or revision to cover additional land, other changes to method or conduct of mining, reclamation operations contemplated by the original permit or other authorization to allow a change in mine ownership or to implement bonding under a permit, nor will any permit amendment or revision issued pursuant to this section be deemed to render the permitted mine a subject mine nor a new mining operation.

(c) Multiple amendments or revisions to cover additional land pursuant to this section may be made for a single mine location; provided, however, that the sum of all added acres must not exceed one hundred percent (100%) or four hundred (400) acres, whichever is less, as compared to the acreage under the permit for that mine location as of the date of November 1, 2019.

(d) Amendments or revisions to cover additional land pursuant to this section need not be located on contiguous property, but must be part of the same mine location. The determination of whether proposed additional land constitutes part of the same mine location will be made by the Department of Mines upon the consideration of all relevant information making it practical and feasible to operate as part of the same mine location. Relevant information may include, but are not limited to one or more of the following:

(1) Proximity of the additional land to the existing mine location;

(2) Whether the additional land is connected to the existing mine location by private roads, railroads, rights-of-way, or by segments of public road which may be safely and lawfully utilized to transport personnel and equipment back and forth between different parts of the mine location;

(3) The ability to safely identify and secure the additional acres with boundary fences, boundary markers, and appropriate signage.

(4) Any other information, circumstances, or factors the Department deems relevant to its determination.

Okla. Admin. Code § 460:10-13-5.1

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021