Rule 11-8-1.2.3 - General PermitsA. The Permit Board may issue general permits to cover those surface mining operations deemed appropriate by the Permit Board. Conditions in any general permit shall provide that no operation shall be conducted on lands designated as unsuitable for mining and that each operator shall submit a proposed initial reclamation plan and a performance bond in an amount sufficient to properly reclaim the permit area. The Permit Board may include other conditions to ensure compliance with these Regulations and the Act.B. Before commencing any operation for which coverage under a general permit may be obtained, each applicant for coverage under a general permit shall submit to the Department an application, in the form prescribed by the Department, and containing the following:(1) a copy of the proposed initial reclamation plan;(2) a performance bond in an amount proposed by the applicant and approved by the Permit Board;(3) an application fee in accordance with Rule 1.5.1 of these Regulations;(4) any other information deemed necessary by the Department.C. The Permit Board shall issue a general permit for surface mining operations having a permitted area of more than four (4) acres but less than ten (10) acres which are conducted for projects funded in whole or in part by public funds for the Mississippi Department of Transportation or the Division of State Aid Road Construction. The general permit issued under this subsection shall require that all materials obtained from an operation covered under such general permit shall be used exclusively on the Mississippi Department of Transportation or Division of State Aid Road Construction project and that no materials from an operation covered under such permit may be provided or sold for any other purpose. The Permit Board shall consult with the Mississippi Department of Transportation on the development of general permits issued under this subsection. An applicant for coverage under a general permit issued under this subsection shall submit an application for coverage and a proposed initial reclamation plan. The applicant may submit either a surface mining performance bond for the operation or a copy of the bond posted with the Mississippi Department of Transportation or the Division of State Aid Road Construction if the latter bond specifically covers the surface mining operation. If a copy of the bond posted with the Mississippi Department of Transportation or the Division of State Aid Road Construction is submitted, the Mississippi Department of Transportation or the Division of State Aid Road Construction shall not release the bond until all reclamation requirements of the general permit issued under this subsection have been met. The Permit Board may include other conditions in any general permit issued under this subsection to ensure compliance with these Regulations and the Act. The Mississippi Department of Environmental Quality shall be responsible for inspecting the reclamation of the mining operation.D. Within three (3) working days after receiving the application for coverage under a general permit, the Department shall review the application, determine if the proposed surface mining operation is eligible for coverage under a general permit, and notify the applicant in writing accordingly. Operations may commence at the mining site after the operator receives notice of coverage.E. Any site and/or operator covered or eligible to be covered under a general permit may be required to obtain a surface mining permit at the discretion of the Permit Board. Any interested person may petition the Permit Board to take action under this paragraph.F. Any site and/or operator covered by a general permit may request to be excluded from such coverage by applying for a surface mining permit. The applicability of the general permit is automatically terminated upon issuance of a surface mining permit.G. Any site and/or operator excluded from coverage under a general permit solely because it is already covered under a surface mining permit may request that the surface mining permit be revoked and that it be covered by the general permit. Upon revocation of the surface mining permit by the Permit Board, the general permit shall apply to the site and/or operator.11 Miss. Code. R. 8-1.2.3
Miss. Code Ann. §§ 53-7-1, et seq., 49-2-1, et seq., and 49-17-1, et seq.