§ 77.163. 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 noncoal mining activities within the permit area and whether that right is subject to pending court litigation.
(b) The application shall provide, for lands within the permit area, the following:
(1) If the permit application is based upon leases in existence on or before January 1, 1972, 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.
(2) If the permit application is based on documents other than leases in existence on or before January 1, 1972, the application shall include upon a form prepared by the Department, the written consent of the landowner to entry upon land to be affected by the operation and by the Commonwealth and its authorized agents, prior to the initiation of surface mining operations, during surface mining operations, and for a period of 5 years after the operation is completed or abandoned for the purpose of reclamation, planting and inspection or for the construction of any pollution abatement facilities as may be deemed necessary by the Department for the purposes of the act and regulations promulgated thereto.
(c) For purposes 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.
(d) Forms submitted under subsection (b) shall be deemed to be recordable documents, and prior to the initiation of noncoal 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.
(e) The information required in subsections (a) and (b) shall be made part of the permit application prior to the approval of the bond under Subchapter D (relating to bonding and insurance requirements).
Source The provisions of this § 77.163 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial); 25 Pa. Code § 77.161 (relating to responsibilities); and 25 Pa. Code § 77.806 (relating to registration requirements).
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