11 Miss. Code. R. 8-1.4.1

Current through December 10, 2024

Rule 11-8-1.4.1 - Lands Designated as Unsuitable for Surface Mining

A. To the extent that the Commission, the Permit Board and the Department may exercise jurisdiction over the areas specified in this rule, no surface mining operation shall be conducted on lands which are part of a national park, national monument, national historic landmark, any property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river, state scenic stream, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark or city or county park, forest or historical area. For good cause shown and after any public hearing the Commission may elect to hold, the Commission may make an exception to this rule.

B. With the assistance of the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources, the Commission shall identify and designate as unsuitable certain lands for all or certain types of surface mining. Prior to an action by the Commission to designate an area as unsuitable for surface mining, or prior to an action by the Commission to remove an area from the list of lands designated as unsuitable for surface mining, notice shall be given to prospective operators and other interested parties as required by Miss. Code Ann. § 25-43-7(1). The Commission may designate areas as unsuitable for surface mining lands if the Commission determines:

(1) The operations will result in significant damage to important areas of historic, cultural or archaeological value or to important natural systems;

(2) The operations will affect renewable resource lands resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, including aquifers and aquifer recharge areas;

(3) The operations are located in areas of unstable geological formations and may reasonably be expected to endanger life and property;

(4) The operations will damage ecologically sensitive areas;

(5) The operations will significantly and adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river area, state scenic stream, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park;

(6) The operations will endanger any public road, public building, cemetery, school, church or similar structure or existing dwelling outside the permit area; or

(7) The operations and the affected area cannot be feasibly reclaimed under the requirements of this chapter.

C. Unless an operation is exempted under Miss. Code Ann. §§ 53-7-7(2)(a) or 53-7-7(2)(b) and Rule 1.2.1.B(1) and (2) of these Regulations, it is unlawful to conduct surface mining operations within an area designated as unsuitable for surface mining, or to conduct surface mining operations in rivers, lakes, bayous, intermittent or perennial streams or navigable waterways, natural or manmade, without a permit or coverage under a general permit issued or reissued consistent with these Regulations.

D. After the effective date of these regulations, no new surface mining operations shall be permitted to conduct mining:

(1) Within one hundred (100) feet of the outside right-of-way line of any public road, except where mine access roads or haul roads join such right-of-way line. However, the Permit Board may allow the area affected by mining to lie within one hundred (100) feet of such right-of-way line with written permission from the governmental entity having authority over the road.

(2) Within three hundred (300) feet of any occupied dwelling, unless waived by the owner or occupant thereof, nor within three hundred (300) feet of any public building, school, church, community or institutional building.

(3) Within one hundred (100) feet of a cemetery.

(4) Within the following distance from a permit boundary, where a highwall will be created:

Depth of excavation	distance from permit boundary
1-5 feet	30 feet
6-10 feet	40 feet
11-15 feet	50 feet
16-25 feet	60 feet
26-30 feet	70 feet

Any excavation exceeding thirty feet in depth shall apply the following formula to determine the minimum distance of disturbance from the permit boundary:

Twenty- five (25) feet plus one and one half (1 1/2) times the depth of the excavation.

The Permit Board will consider requests for exemptions to, or variances from, the requirements in Rule 1.4.1.D(1), (2), (3), and (4), upon sufficient proof that affected governmental entities, property owners, or occupants have had timely and sufficient notice of the proposed operation. Any comments received as a result of such notice shall be considered prior to any action upon any request for exceptions to, or variances from, the buffer zone requirements. The Permit Board may consider such factors as it deems appropriate in determining whether to grant a variance or exception.

11 Miss. Code. R. 8-1.4.1

Miss. Code Ann. §§ 53-7-1, et seq., 49-2-1, et seq., and 49-17-1, et seq.