- (a) The applicant must provide the Division of Environmental Quality with proof that it has the right to mine the land for which a permit is requested.
(b) Acceptable documentation to prove this right is as follows:
(1)
- (A) A copy of the lease agreement with the landowner.
- (B) The agreement must:
(i) Contain a legal description of the land to be permitted; and
- (ii) Be signed by the applicant and landowner;
- (2) A copy of the deed containing a legal description of the land in the event the applicant owns the land;
(3)
- (A) A copy of a letter from the landowner expressly giving the applicant permission to conduct mining.
(B) The letter must:
- (i) Contain a legal description of the land; and
- (ii) Be signed and notarized by the landowner;
(4)
- (A) In the event mineral rights have been severed from the surface rights, an agreement signed by the mineral rights holder, the surface rights holder, and the applicant must be provided to the division.
(B) The agreement shall:
- (i) Contain legal descriptions of the mineral rights and surface rights;
- (ii) Identify the conditions of the agreement; and
- (iii) Give the applicant permission to conduct mining.
- (C) The agreement must be provided to the division along with proof of the surface rights holder’s and mineral rights holder’s respective ownership; or
- (5) If the mining operation involves the removal of gravel or other material from within a stream channel where the property boundaries are defined by the centerline of the stream channel, then the site map should clearly identify the boundary of the mining area and the property line.