Ala. Admin. Code r. 880-X-7B-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 880-X-7B-.06 - Areas Where Surface Coal Mining Operations Are Prohibited Or Limited

No person may conduct surface coal mining operations on the following lands without possessing valid existing rights, as determined under Rule 880-X-7B-.11, or qualifying for the exception for existing operations under Rule 880-X-7B-.07:

(1) Any lands within the boundaries of:

The National Park System;

The National Wildlife Refuge System;

The National System of Trails;

The National Wilderness Preservation System;

(e) The Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ), or study rivers or study river corridors established in any guideline issued under that Act, of

(f) National Recreation Areas designated by Act of Congress.

(2) Any Federal lands within a national forest. This prohibition does not apply if the Secretary finds that there are no significant recreational, timber, economic, or other values which may be incompatible with surface coal mining operations; and impacts are incident to an underground coal mine;

(3) Any lands where the operation would adversely affect any publicly owned park or any place in the National Register of Historic Places. This prohibition does not apply if, as provided in Rule 880-X-7B-.12, the regulatory authority and the Federal, State or local regulatory authority with jurisdiction over the park or place jointly approve the operation.

(4) Within 100 feet measured horizontally, of the outside right-of-way line of any public road. This prohibition does not apply:

(a) Where a mine access roads or haulage roads joins a public road, or

(b) When, as provided in Rule 880-X-7B-.09, the regulatory authority (or the appropriate public road authority designated by the regulatory authority) allows the public road to be relocated or closed, or the area within the protected zone to be affected by the surface coal mining operations, after:

1. Providing public notice and opportunity for a public hearing; and

2. Finding in writing that the interests of the affected public and landowners will be protected.

(5) Within 300 feet, measured horizontally, of any occupied dwelling. This prohibition does not apply when:

(a) the owner of the dwelling has provided a written waiver consenting to surface coal mining operations within the protected zone, as provided in Rule 880-X-7B-.10; or

(b) The part of the operation to be located closer than 300 feet to the dwelling is an access or haul road that connects with an existing public road on the side of the public road opposite the dwelling.

(6) Within 300 feet, measured horizontally, of any public building, school, church, community or institutional building or public park.

(7) Within 100 feet, measured horizontally, of a cemetery. This prohibition does not apply if the cemetery is relocated in accordance with all applicable laws and regulations.

(8) Within one thousand feet horizontally of the mean high water level of Lewis Smith Lake (which mean high water level shall be a topographic contour line corresponding to the spillway elevation of Lewis Smith Lake Dam); one thousand feet horizontally of the rim of Little River Canyon; one thousand feet horizontally on either side of the Little River and the East, Middle and West Forks of the Little River.

Author:

Ala. Admin. Code r. 880-X-7B-.06

Amended: Filed August 23, 2001; effective September 27, 2001.

On February 5, 2002, the Office of Surface Mining approved this rulemaking adopted by the commission on August 16, 2001. The effective date of this rule will be March 7, 2002.

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 92, 96.