Statutes, codes, and regulations
Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental QualityPart 8 - Geology RegulationsChapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal MiningAppendix 11-8-2-A - To The Administrative Procedures Act Rules
Rule 11-8-8-2-A-5 - Phases II/III Revegetation Success Standards for Prime Farmland
Section 11-8-8-2-A-5-VI - Mitigation Plan

11 Miss. Code. R. 8-8-2-A-5-VI

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Current through December 10, 2024
Section 11-8-8-2-A-5-VI - Mitigation Plan

Productivity must meet or exceed these standards at least two sampling years by the fifth year; and three sampling years by the sixth year. If productivity is not achieved by these dates, the permittee must submit a mitigation plan to the Permit Board which includes the following:

A. a statement outlining the problem;
B. a discussion of what practices, beyond normal farming practices, the operator intends to use to enable the area to finally meet the release standards; and
C. a new Phase II/III liability release plan.

If any practice which constitutes augmentation is employed, the five-year responsibility period shall restart when the mitigation plan is approved and the practices are completed.

11 Miss. Code. R. 8-8-2-A-5-VI