Surface Mining Reclamation and Enforcement, Interior by ahd19113

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									                                Surface Mining Reclamation and Enforcement, Interior                                             § 910.761
                                  SOURCE: 47 FR 36399, Aug. 19, 1982, unless              504(g) of the Act, preempted and super-
                                otherwise noted.                                          seded:
                                                                                            (1) The Georgia Surface Mining Act
                                § 910.700      Georgia Federal program.
                                                                                          of 1968, Georgia Code Ann. Section 43–
                                  (a) This part contains all rules that                   1401 et seq., but not to the extent that
                                are applicable to surface coal mining                     it regulates surface coal mining oper-
                                operations in Georgia which have been                     ations which affect two acres or less or
                                adopted under the Surface Mining Con-                     are otherwise not regulated by the Sur-
                                trol and Reclamation Act of 1977.                         face Mining Control and Reclamation
                                  (b) The rules in this part cross-ref-                   Act.
                                erence pertinent parts of the perma-                        (2) Rules for Land Reclamation,
                                nent program regulations in this chap-                    Georgia Department of Natural Re-
                                ter. The full text of a rule is in the per-               sources, Environmental Protection Di-
                                manent program rule cited under the                       vision, Chapter 391–3–3(1976), but not to
                                relevant section of the Georgia Federal                   the extent that such regulations apply
                                program.
                                                                                          to surface coal mining operations
                                  (c) The rules in this part apply to all
                                                                                          which affect two areas or less or are
                                surface coal mining operations in Geor-
                                                                                          otherwise not regulated by the Surface
                                gia conducted on non-Federal and non-
                                                                                          Mining Control and Reclamation Act.
                                Indian lands. The rules in Subchapter
                                D of this chapter apply to operations                     [47 FR 36399, Aug. 19, 1982, as amended at 52
                                on Federal lands in Georgia.                              FR 13806, Apr. 24, 1987]
                                  (d) The information collection re-
                                quirements contained in this part do                      § 910.701     General.
                                not require approval by the Office of                       Sections 700.5, 700.11, 700.12, 700.13,
                                Management and Budget under 44                            700.14, 700.15 and part 701 of this chap-
                                U.S.C. 3507 because there are fewer                       ter shall apply to surface coal mining
                                than ten respondents annually.                            operations in Georgia.
                                  (e) The following provisions of Geor-
                                gia laws provide, where applicable, for                   § 910.702 Exemption for coal extrac-
                                more stringent environmental control                          tion incidental to the extraction of
                                and regulation of surface coal mining                         other minerals.
                                operations than do the provisions of                        Part 702 of this chapter, Exemption for
                                the Act and the regulations in this                       Coal Extraction Incidental to the Extrac-
                                chapter. Therefore, pursuant to section                   tion of Other Minerals, shall apply to
                                505(b) of the Act, they shall not be con-                 any person who conducts coal extrac-
                                strued to be inconsistent with the Act:                   tion incidental to the extraction of
                                  (1) Georgia Code Ann. section 56–412                    other minerals for purposes of commer-
                                pertaining to limitation of risks for in-                 cial use or sale.
                                surance companies.
                                  (2) Georgia Code Ann. section 414–1306                  [54 FR 52123, Dec. 20, 1989]
                                pertaining to the limitation on loan
                                amounts made by banks.                                    § 910.707 Exemption for coal extrac-
                                  (3) Georgia Safe Dams Act of 1978 and                       tion incident to government-fi-
                                                                                              nanced highway or other construc-
                                the Rules for Dam Safety, Chapter 391–                        tion.
                                3–8 of the Rules of the Department of
                                Natural     Resources,    Environmental                     Part 707 of this chapter, Exemption for
                                Protection Division.                                      Coal Extraction Incidental to Govern-
                                  (4) Chapter 391–34 of the rules of the                  ment-Financed Highway or Other Con-
                                Department of Natural Resources,                          struction, shall apply to surface coal
                                Enviromental Protection Division, per-                    mining and reclamation operations.
                                taining to solid waste management.
                                  (5) Georgia Seed Laws and Rules and                     § 910.761 Areas designated unsuitable
                                Regulations containing the Noxious                            for surface coal mining by Act of
                                                                                              Congress.
                                Weed List.
                                  (f) The following are Georgia laws                        Part 761 of this chapter, Areas Des-
                                that interfere with the achievement of                    ignated by Act of Congress, shall apply
                                the purposes and requirements of the                      to surface coal mining and reclamation
                                act and are, in accordance with Section                   operations.

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