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Notes

30 C.F.R. §§ 778.11–778.14

4 sections in range

§778.11. Providing applicant and operator information.

30 C.F.R. § 778.11

(a)
You, the applicant, must provide in the permit application—
(1)
A statement indicating whether you and your operator are corporations, partnerships, associations, sole proprietorships, or other business entities;
(2)
Taxpayer identification numbers for you and your operator.
(b)
You must provide the name, address, and telephone number for—
(1)
The applicant.
(2)
Your resident agent who will accept service of process.
(3)
Any operator, if different from the applicant.
(4)
Each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator; for every such business entity, you must also provide the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity.
(c)
For you and your operator, you must provide the information required by paragraph (d) of this section for every—
(1)
Officer.
(2)
Partner.
(3)
Member.
(4)
Director.
(5)
Person performing a function similar to a director.
(6)
Person who owns, of record, 10 percent or more of the applicant or operator.
(d)
You must provide the following information for each person listed in paragraph (c) of this section—
(1)
The person's name, address, and telephone number.
(2)
The person's position title and relationship to you, including percentage of ownership and location in the organizational structure.
(3)
The date the person began functioning in that position.
(e)
We need not make a finding as provided for under § 774.11(g) of this subchapter before entering into AVS the information required to be disclosed under this section; however, the mere listing in AVS of a person identified in paragraph (b) or (c) of this section does not create a presumption or constitute a determination that such person owns or controls a surface coal mining operation.
Notes, amendments, and revision history

Amendments

[65 FR 79668, Dec. 19, 2000, as amended at 72 FR 68031, Dec. 3, 2007]

Authority

Authority: 30 U.S.C. 1201 et seq.

Source

Source: 48 FR 44399, Sept. 28, 1983, unless otherwise noted.

Amendments

[65 FR 79668, Dec. 19, 2000, as amended at 72 FR 68031, Dec. 3, 2007]

§778.12. Providing permit history information.

30 C.F.R. § 778.12

(a)
You, the applicant, must provide a list of all names under which you, your operator, your partners or principal shareholders, and your operator's partners or principal shareholders operate or previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application.
(b)
For you and your operator, you must provide a list of any pending permit applications for surface coal mining operations filed in the United States. The list must identify each application by its application number and jurisdiction, or by other identifying information when necessary.
(c)
For any surface coal mining operations that you or your operator owned or controlled within the five-year period preceding the date of submission of the application, and for any surface coal mining operation you or your operator own or control on that date, you must provide the—
(1)
Permittee's and operator's name and address;
(2)
Permittee's and operator's taxpayer identification numbers;
(3)
Federal or State permit number and corresponding MSHA number;
(4)
Regulatory authority with jurisdiction over the permit; and
(5)
Permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.
Notes, amendments, and revision history

Amendments

[65 FR 79669, Dec. 19, 2000]

Authority

Authority: 30 U.S.C. 1201 et seq.

Source

Source: 48 FR 44399, Sept. 28, 1983, unless otherwise noted.

Amendments

[65 FR 79669, Dec. 19, 2000]

§778.13. Providing property interest information.

30 C.F.R. § 778.13

You, the applicant, must provide in the permit application all of the following information for the property to be mined—
(a)
The name and address of—
(1)
Each legal or equitable owner(s) of record of the surface and mineral.
(2)
The holder(s) of record of any leasehold interest.
(3)
Any purchaser(s) of record under a real estate contract.
(b)
The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area.
(c)
A statement of all interests, options, or pending bids you hold or have made for lands contiguous to the proposed permit area. If you request in writing, we will hold as confidential, under § 773.6(d)(3)(ii) of this chapter, any information you are required to submit under this paragraph which is not on public file under State law.
(d)
The Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.
Notes, amendments, and revision history

Amendments

[65 FR 79669, Dec. 19, 2000]

Authority

Authority: 30 U.S.C. 1201 et seq.

Source

Source: 48 FR 44399, Sept. 28, 1983, unless otherwise noted.

Amendments

[65 FR 79669, Dec. 19, 2000]

§778.14. Providing violation information.

30 C.F.R. § 778.14

(a)
You, the applicant, must state, in your permit application, whether you, your operator, or any subsidiary, affiliate, or entity which you or your operator own or control or which is under common control with you or your operator, has—
(1)
Had a Federal or State permit for surface coal mining operations suspended or revoked during the five-year period preceding the date of submission of the application; or
(2)
Forfeited a performance bond or similar security deposited in lieu of bond in connection with surface coal mining and reclamation operations during the five-year period preceding the date of submission of the application.
(b)
For each suspension, revocation, or forfeiture identified under paragraph (a), you must provide a brief explanation of the facts involved, including the—
(1)
Permit number.
(2)
Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond or similar security forfeited.
(3)
Regulatory authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action.
(4)
Current status of the permit, bond, or similar security involved.
(5)
Date, location, type, and current status of any administrative or judicial proceedings concerning the suspension, revocation, or forfeiture.
(c)
A list of all violation notices you or your operator received for any surface coal mining and reclamation operation during the three-year period preceding the date of submission of the application. In addition you must submit a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that you or your operator own or control on that date. For each violation notice reported, you must include the following information, when applicable—
(1)
The permit number and associated MSHA number.
(2)
The issue date, identification number, and current status of the violation notice.
(3)
The name of the person to whom the violation notice was issued,
(4)
The name of the regulatory authority or agency that issued the violation notice.
(5)
A brief description of the violation alleged in the notice.
(6)
The date, location, type, and current status of any administrative or judicial proceedings concerning the violation notice.
(7)
If the abatement period for a violation in a notice of violation issued under § 843.12 of this chapter, or its State regulatory program equivalent, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation.
(8)
For all violations not covered by paragraph (c)(7) of this section, the actions taken to abate or correct the violation.
Notes, amendments, and revision history

Amendments

[65 FR 79669, Dec. 19, 2000]

Authority

Authority: 30 U.S.C. 1201 et seq.

Source

Source: 48 FR 44399, Sept. 28, 1983, unless otherwise noted.

Amendments

[65 FR 79669, Dec. 19, 2000]