Rule 11-8-1.2.2 - Permit ApplicationA. Unless exempted under Miss. Code Ann. § 53-7-7 and Rule 1.2.1 of these Regulations, no person shall engage in surface mining without having first obtained coverage under a general permit, or having obtained from the Permit Board a permit for each operation.B. Before commencing any operation for which a permit is required, each applicant for a permit shall submit to the Permit Board an application, a proposed initial reclamation plan and a performance bond in an amount proposed to be sufficient by the applicant to reclaim the permit area. The application shall be in the form prescribed by the Department and shall be deemed administratively complete if it contains: (1) A legal description of the tract or tracts of land in the affected area and one or more maps or plats of adequate scale to clearly portray the location of the affected area. The description shall contain sufficient information so that the affected area may be located and distinguished from other lands and shall identify the access from the nearest public road. Said description of the tract shall be sufficient for the Department to define and locate the permit boundary;(2) The approximate location and depth of the deposit in the permit area and the total number of acres in the permit area;(3) The name, address and management officers of the permit applicant and any affiliated persons who shall be engaged in the operations;(4) The name and address of any person holding legal and equitable interests of record, if reasonably ascertainable, in the surface estate of the permit area and in the surface estate of land located within five hundred (500) feet of the exterior limits of the permit area;(5) The name and address of any person residing on the property of the permit area at the time of application;(6) Current or previous surface mining permits held by the applicant, including any revocations, suspensions or bond forfeitures;(7) The type and method of operation, the engineering techniques and the equipment that is proposed to be used, including mining schedules, the nature and expected amount of overburden to be removed, the depth of excavations, a description of the permit area, the anticipated hydrologic consequences of the mining operation, and the proposed use of explosives for blasting, including the nature of the explosive, the proposed location of the blasting and the expected effect of the blasting;(8) A notarized statement, supported by sufficient documentation, showing the applicant's legal right to surface mine the affected area;(9) All other approvals, permits, clearances, easements and/or agreements, for the construction and operation of the permit, which may be required;(10) The names and locations of all lakes, rivers, reservoirs, streams, creeks and other bodies of water in the vicinity of the contemplated operations which may be affected by the operations and the types of existing vegetative cover on the area affected thereby and on adjoining lands within five hundred (500) feet of the exterior limits of the affected area;(11) A topographical survey map showing the surface drainage plan on and away from the permit area;(12) The surface location and extent of all existing and proposed waste and spoil piles, cuts, pits, tailing dumps, ponds, borrow pits, evaporation and settling basins, roads, buildings, access ways, workings and installations sufficient to provide a reasonably clear and accurate portrayal of the existing surface conditions and the proposed mining operations;(13) If the surface and mineral estates, or any part of those estates, in land covered by the application, have been severed and are owned by separate owners, the applicant shall provide a notarized statement subscribed to by each surface owner and lessee of those lands, unless the lease or other conveyance to the applicant specifically states the material to be mined by the operator granting consent for the applicant to initiate and conduct surface mining, exploration and reclamation activities on the land;(14) A copy of a proposed initial reclamation plan prepared in accordance with the Act and these Regulations;(15) The application fee as set forth in Subchapter 5 of these Regulations;(16) The application form with all requested information provided;(17) Any other applicable forms;(18) Certificate of Insurance (see Rule 1.2.10.F);(19) Any other information needed to clarify the required parts of the application as may be requested by the Department.11 Miss. Code. R. 8-1.2.2
Miss. Code Ann. §§ 53-7-1, et seq., 49-2-1, et seq., and 49-17-1, et seq.