R645.  Natural Resources; Oil, Gas and Mining; Coal.
R645-102.  Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction.
R645-102-100.  Scope and Responsibility.
	110.  Scope.
	111.  R645-102 establishes the procedures for determining those coal mining and reclamation operations which are exempt from the Act and the R645 Rules because the extraction of coal is an incidental part of federal, state, or local government-financed highway or other construction.
	112.  R645-102 exempts the extraction of coal which is incidental to government-financed construction from the requirements of the Act and the R645 Rules, if that extraction meets specified criteria which ensure that the construction is government-financed and that the extraction of coal is incidental to it.
	120.  Responsibility.
	121.  The Division is responsible for enforcing the requirements of R645-102.
	122.  Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction activity, the documentation required by R645-102-300.

R645-102-200.  Applicability.
	210.  Coal extraction which is an incidental part of government-financed construction is exempt from the Act and the R645 Rules.
	220.  Any person who conducts or intends to conduct coal extraction which does not satisfy R645-102-210 will not proceed until a permit has been obtained from the Division, pursuant to the State Program.

R645-102-300.  Information to be Maintained on Site.
	Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres will maintain, on the site of the extraction operation and available for inspection, documents which show:
	310.  A description of the construction project;
	320.  The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and
	330.  The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.

KEY:  reclamation, coal mines
Date of Enactment or Last Substantive Amendment:  1988
Notice of Continuation:  January 24, 2018
Authorizing, and Implemented or Interpreted Law:  40-10-1 et seq.