Section 11-8-2.3-23-2305 - Identification of InterestsAn application shall contain the following information, except that the submission of a social security number is voluntary:
(a) A statement as to whether the applicant, or operator, is a corporation, partnership, single proprietorship, association or other business entity.(b) The name, address, telephone number, social security number and employer identification number of the:(2) applicant's resident agent;(3) person who will pay the abandoned mine land reclamation fee;(4) any operator, if different from the applicant;(5) person(s) responsible for submitting the Coal Reclamation Fee Report; and(6) each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator; for every such business entity, you must also provide the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity.(c) If the applicant has previously applied for a permit and the required information is already in AVS, then the applicant may update the information as shown in the following table: | If: | then the applicant: |
| (1) All or part of the information already in AVS is accurate and complete | may certify to the Department by swearing or affirming, under oath and in writing, that the relevant information in AVS is accurate, complete, and up to date. |
| (2) Part of the information in AVS is missing or incorrect | must submit to the Department the necessary information or corrections and swear or affirm, |
| under oath and in writing, that the information submitted is accurate and correct. |
| (3) The applicant can neither certify that the data in AVS is accurate and complete nor make needed corrections | must include in the permit application the information required under this section. |
(d) The applicant must swear or affirm, under oath and in writing, that all the information provided in an application is accurate and complete.(e) The Department may establish a central file to house the applicant's identity information, rather than place duplicate information in each of the applicant's permit files. The Department will make the information available to the public upon request.(f) For the applicant and operator,:(1) for every: (E) Person performing a function similar to a Director, or(F) Person who owns, of record 10 percent or more of the applicant or operator: (1). the person's name, address, social security number and employer identification number;(2). the person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;(3). the title of the person's position, date position was assumed and, when submitted under § 3123(f), date of departure from the position;(4). for the applicant and each partner or principal shareholder of the applicant, each additional name and identifying number, including employer identification number, federal or state permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five years preceding the date of the application; and(5). the application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the applicant in any state in the United States.(g) For any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of owned or controlled and owns or controls in § 105, the operation's: (1) name, address, identifying numbers, including employer identification number, federal or state permit number and MSHA number, the date of issuance of the MSHA number, and regulatory authority; and(2) ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.(h) The name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined.(i) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area.(j) The MSHA numbers for all mine-associated structures that require MSHA approval;(k) A statement of all lands, interest in lands, options or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application. Any claim of confidentiality for this information must be presented to the Commission prior to the submission of the information pursuant to § 53-9-43.(l) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under § 2305 or §2307.(m) The applicant shall submit the information required by this Section and by §2307 in any form required by the Department.(n) The Department need not make a finding as provided for under § 3138 (g) before entering into AVS the information required to be disclosed under this section; however, the mere listing in AVS of a person identified in paragraph (b) or (f) of this section does not create a presumption or constitute a determination that such person owns or controls a surface coal mining operation.11 Miss. Code. R. § 8-2.3-23-2305