| (a) Certification and update of existing permit application
information.
(1) If an applicant has previously applied for a permit
and the required information is already in AVS, then the applicant
may update the information in its application as follows:
(A) If all or part of the information already in AVS
is accurate and complete, the applicant may certify to the Commission
by swearing or affirming, under oath and in writing, that the relevant
information in AVS is accurate, complete, and up to date.
(B) If part of the information in AVS is missing or
incorrect, the applicant must submit to the Commission the necessary
information or corrections, and swear or affirm, under oath and in
writing, that the information submitted is accurate and complete.
(C) If the applicant can neither certify that the data
in AVS is accurate and complete, nor make the needed corrections,
the applicant must provide the information required under this section.
(2) After approval of an application but before issuance
of a permit, the applicant must update, correct, or indicate that
no change has occurred to the information previously submitted under
this section.
(b) Permit applicant and operator information. Each
permit application shall contain:
(1) a statement indicating whether the applicant or
its operator are corporations, partnerships, associations, sole proprietorships,
or other business entities;
(2) taxpayer identification numbers for the applicant
and its operator;
(3) the name, address, and telephone number for:
(A) the applicant;
(B) the applicant's resident agent who will accept
service of process;
(C) any operator, if different from the applicant;
and
(D) 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,
the applicant 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;
(4) for the applicant and its operator, and for each
officer, partner, member, director, person performing a function similar
to a director, and person who owns, of record, 10 percent or more
of the applicant or operator, the following information:
(A) the person's name, address, and telephone number;
(B) the person's position title and relationship to
the applicant, including percentage of ownership and location in the
organizational structure; and
(C) the date the person began serving in that position.
(c) Permit history information. The permit applicant
must provide a list of all names under which it, its operator, partners
or principal shareholders, and the 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.
(1) For the applicant and operator, the applicant 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.
(2) For any surface coal mining operations that the
applicant or operator owned or controlled within the five-year period
preceding the date of submission of the application, and for any surface
coal mining operation the applicant or operator owns or controls on
that date, the application must include the:
(A) permittee's and operator's name and address;
(B) permittee's and operator's taxpayer identification
numbers;
(C) Federal or State permit number and corresponding
MSHA number;
(D) regulatory authority with jurisdiction over the
permit; and
(E) permittee's and operator's relationship to the
operation, including percentage of ownership and location in the organizational
structure.
(d) Property interest information. For the property
to be mined, the applicant must provide in the permit application
the following information:
(1) the name and address of each:
(A) legal or equitable owner of record of the surface
and mineral estate;
(B) holder of record of any leasehold interest; and
(C) purchaser of record under a real estate contract;
(2) the name and address of each owner of record, as
reflected in the tax records of the county where the land is located,
of all property (surface and subsurface) contiguous to any part of
the proposed permit area;
(3) a statement of all interests, options, or pending
bids held by the applicant or that the applicant has made for lands
contiguous to the proposed permit area; however, if requested by the
applicant in writing, the Commission will hold as confidential, under §12.210
of this title (relating to Public Availability of Information in Permit
Applications on File with the Commission), any information required
to be submitted under this paragraph which is not on public file under
State law; and
(4) the Mine Safety and Health Administration (MSHA)
numbers for all structures that require MSHA approval.
(e) Violation information.
(1) The applicant must state in the permit application
whether it, an operator, or any subsidiary, affiliate, or entity which
it or an operator owns or controls or which is under common control
with it or an operator, has:
(A) 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
(B) 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.
(2) For each suspension, revocation, or forfeiture
identified under paragraph (1) of this subsection, the applicant must
provide a brief explanation of the facts involved, including the:
(A) permit number;
(B) date of suspension, revocation, or forfeiture,
and, when applicable, the date and amount of bond or similar security
forfeited;
(C) regulatory authority that suspended or revoked
the permit or forfeited the bond and the stated reasons for the action;
(D) current status of the permit, bond, or similar
security involved; and
(E) date, location, type, and current status of any
administrative or judicial proceedings concerning the suspension,
revocation, or forfeiture.
(3) The applicant must provide a list of all violation
notices that the applicant or operator received for any surface coal
mining and reclamation operation during the three-year period preceding
the date of submission of the application, and a list of all unabated
or uncorrected violation notices incurred in connection with any surface
coal mining and reclamation operation that it or its operator own
or control on the date of the application. For each violation notice
reported, the applicant must include the following information, when
applicable:
(A) the permit number and associated MSHA number;
(B) the issue date, identification number, and current
status of the violation notice;
(C) the name of the person to whom the violation notice
was issued;
(D) the name of the regulatory authority or agency
that issued the violation notice;
(E) a brief description of the violation alleged in
the notice;
(F) the date, location, type, and current status of
any administrative or judicial proceedings concerning the violation
notice;
(G) if the abatement period for a violation in a notice
of violation issued under §12.678 of this title (relating to
Notices of Violation) has not expired, certification that the violation
is being abated or corrected to the satisfaction of the agency with
jurisdiction over the violation; and
(H) for all violations not covered by subparagraph
(G) of this paragraph, the actions taken to abate or correct the violation.
(f) Commission actions. The Commission need not make
a finding as provided for under §12.234(c) of this title (relating
to Challenge of Ownership or Control, Information on Ownership and
Control, and Violations, and Applicant/Violator System Procedures)
before entering into AVS the information required to be disclosed
under this section; however, the listing in AVS of a person identified
in subsection (b) of this section does not create a presumption or
constitute a determination that such person owns or controls a surface
coal mining operation.
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