Rule 11-8-1.2.5 - Processing of Permit ApplicationsA. Applications for the issuance of any surface mining permit issued under this chapter shall be filed with the Department. The Department shall: (1) conduct an initial review of a completed permit application within thirty (30) days following receipt of the complete application.(2) make a recommendation to the Permit Board on the completed permit application no later than the next regularly scheduled Permit Board meeting following the thirty-day initial review period, unless a public hearing is held on the application or the applicant agrees in writing to an additional time frame. If a public hearing is held, the Department shall make its recommendation at the next regularly scheduled Permit Board meeting following the public hearing, if practicable.(3) file a copy of each permit application for public inspection with the chancery clerk of the county where any portion of the operation is proposed to occur after deleting any confidential information according to Rule 1.1.6 of these Regulations.(4) submit copies, excluding all confidential information, of the permit application as soon as possible to: (a) the Mississippi Soil and Water Conservation Commission, Mississippi Department of Wildlife, Fisheries, and Parks, Mississippi Forestry Commission, Mississippi Department of Environmental Quality, Mississippi Department of Archives and History, Mississippi Department of Transportation, Mississippi State Oil and Gas Board and Mississippi Department of Agriculture and Commerce, and any other state or federal agency whose jurisdiction the Department believes the particular mining operation may affect.(b) any person who requests in writing a copy of the application; and(c) the owner of the land.(5) require payment of a reasonable fee established by the Department for reimbursement of the costs of reproducing and providing the copy.(6) The Department shall notify the applicant if any part of the proposed operation lies within an area already designated as unsuitable for surface mining or for which a petition to have lands designated unsuitable for surface mining has been filed.(7) The Department shall cause an initial site inspection of the proposed affected area to be made within 30 days following receipt of the completed application.B. Each agency shall review the permit application and submit, within fifteen (15) days of receipt of the application, any comments, recommendations and evaluations as the agency deems necessary and proper based only upon the effect of the proposed operation on matters within the agency's jurisdiction. The comments shall include a listing of permits or licenses required under the agency's jurisdiction. Comments and recommendations shall be made a part of the record and one (1) copy shall be furnished to the applicant. All comments and recommendations shall be considered by, but shall not be binding upon, the Permit Board. The failure of any agency to submit comments shall not preclude action by the Permit Board.11 Miss. Code. R. 8-1.2.5
Miss. Code Ann. §§ 53-7-1, et seq., 49-2-1, et seq., and 49-17-1, et seq.