Ala. Admin. Code r. 880-X-8D-.07

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

Section 880-X-8D-.07 - Right Of Entry And Operation Information

(1) Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(2) Where the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide for lands within the permit area --

(a) A copy of the written consent of the surface owner to the extraction of coal by surface mining methods; or

(b) A statement of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.

(3) Nothing in this Rule shall be construed to afford the State Regulatory Authority the authority to adjudicate property title disputes.

Author:

Ala. Admin. Code r. 880-X-8D-.07

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.