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QUESTION 7

DOCUMENTATION REQUIREMENTS

State What Documentation is Required to Authorize Entry Onto a Permit Area? How is it Verified? (Note: "*" responses refer to requirements for state personnel to enter permit area. Others = requirements for operators to enter/begin operations.)
AL Statement by applicant of authority to conduct operations. Not verified.
AR Either a deed, lease or notarized permission document from the landowner is required to prove right to mine.
AZ --
CA None required by statute or regulation, but Dept. policies usually encourage that we coordinate with permittee.*
CO Agreement with landowner in form of lease. We do not get involved in property rights disputes.
GA Application includes authorization from operator.*
IL Affidavit in mining permit application.
IN None.
IA Operator must make & sign a statement that they have the necessary land rights. We do not seek verification unless disputed.
KS No documentation is required to authorize entry onto a permit area. The mine entry must be posted with a sign warning those who might enter about blasting, heavy equipment, & any other dangers.*
KY Signed statement by the applicant attesting that the applicant has the legal right to mine.
ME Photo I.D.; Authorized by statute for inspection & entry. 38 MRSA Sect.347-C.*
MD Right of entry signed by permittee & property owner; Proper I.D. from Dept. personnel.*
MS None unless operator requires it.*
MO Signed consent required from landowner.
NV N/A
NJ N/A
NM --
NY State I.D.; Court order or other legal instruments.*
NC At the time of application, applicant completes a "Land Entry Agreement" form, signed by permittee & landowner, granting Dept. representatives the right to enter property to conduct mine inspections. Inspectors make advance appointments & present state I.D. or business card.*
OH Lease/deed affidavit form--operator submits signed, notarized form attesting to fact that he has the right-of-entry for each property included in permit area.
OK Legal estate verification required by operator, and a certification statement signed by the operator.
OR Land owner signature. Also, on private land, county land use approval.
PA Landowner right of entry document. Verified through a notarized signature & recorded with the county recorder of deeds.
SC Land entry agreement form--legal document, witnessed & notarized.
SD Copies of deeds or leases often included in permit application. We check ownership in some cases through the County Register of Deeds Office or BLM for mining claims.
TN Application requires letter from property owner authorizing entry.
TX Listing of legal & equitable interests of record in surface & mineral estates of permit and within 500' of permit area. No verification requirement.
VA Operator provides description of the document upon which he bases his right of entry by providing: 1) copy of the deed or lease; 2) list parties to deed or lease, date of execution, recording information. Not verified by us, but certified as true by operator.
WA DNR mine inspector can enter permit area at any time.*
WV A statement in the application of what the documentation is & where it can be found. It is not verified unless protested or other reason to believe the statement is not valid.
WI --
WY Applicant must submit a sworn statement that he has the right to mine. Where the surface owner is different than the mineral owner, must provide surface owner consent.





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