{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-756","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-756","heading":"Performance standards for removal of entire coal seam -","body":"Postmining land use as condition for granting permit.\n\nA. Where a surface coal mining operation will remove an entire\n\ncoal seam or seams running through the upper fraction of a mountain,\n\nridge or hill by removing all of the overburden and creating a level\n\nplateau or a gently rolling contour with no highwalls remaining and\n\nwhich will be capable of supporting postmining uses in accordance\n\nwith the requirements of this section, such operation shall require\n\nthat:\n\n1. The toe of the lowest coal seam and the overburden\n\nassociated with it are retained in place as a barrier to slides and\n\nerosion;\n\n2. The reclaimed area is stable;\n\n3. The resulting plateau or rolling contour drains inward from\n\nthe outslopes except at specified points;\n\n4. No damage will be done to natural watercourses;\n\n5. Spoil will be placed on the mountaintop bench as is\n\nnecessary to achieve the planned postmining land use; and\n\n6. Stability of the spoil retained on the mountaintop is\n\ninsured and meets the other requirements of this act.\n\nSuch operation shall not be required to restore the original\n\ncontour as provided in Section 747 of this title.\n\nB. In cases where an industrial, commercial, agricultural,\n\nresidential or public facility, including recreational facilities,\n\nuse is proposed as the postmining use of the affected land, the\n\nDepartment may grant a permit for a surface mining operation of the\n\nnature described in this section if:\n\n1. The proposed postmining land use is deemed to constitute an\n\nequal or better economic or public use of the affected land, as\n\ncompared with premining use after consultation with the appropriate\n\nland use planning agencies;\n\n2. The applicant presents specific plans for the proposed\n\npostmining land use and appropriate assurances that such use will\n\nbe:\n\na. compatible with adjacent land uses,\n\nb. obtainable according to data regarding expected need\n\nand market,\n\nc. assured of investment in necessary public facilities,\n\nd. supported by commitments from public agencies where\n\nappropriate,\n\ne. practicable with respect to private financial\n\ncapability for completion of the proposed use,\n\nf. planned pursuant to a schedule attached to the\n\nreclamation plan so as to integrate the mining operation and\n\nreclamation with the postmining land use, and\n\ng. designed by a registered engineer in conformance with\n\nprofessional standards established to assure the stability,\n\ndrainage, and configuration necessary for the intended use of the\n\nsite;\n\n3. The proposed use would be consistent with adjacent land\n\nuses, and existing state and local land use plans and programs;\n\n4. The Department provides the governing body of the unit of\n\ngeneral-purpose government in which the land is located and any\n\nstate or federal agency which the Department, in its discretion,\n\ndetermines to have an interest in the proposed use, an opportunity\n\nof not more than sixty (60) days to review and comment on the\n\nproposed use;\n\n5. All other requirements of this act will be met.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b5dac30e8f9365bc37fe202b48860035490093ef7dd6c69f54b62c93081490e2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-755","next":"us-ok/okla.-stat.-tit.-45-45-757"},"notice":"GroundRules: Original legal text. Not legal advice."}