Current through December 10, 2024
Section 11-8-2.3-31-3103 - Public Notices of Filing of Permit Applications(a) Upon submission of a complete application for a permit, modification of an existing permit, or renewal of a permit under the act and these regulations, the applicant shall submit to the Permit Board a copy of the applicant's advertisement of the ownership, precise location and boundaries of the land to be affected. At the time of submission, the applicant shall place the advertisement for publication at least once a week for four (4) consecutive weeks in a local newspaper and in a regional newspaper of general circulation in the county in which the proposed surface coal mine is to be located. If no local newspaper of general circulation in the county is published, notice shall be published once a week for four (4) consecutive weeks in a regional newspaper of general circulation in the county in which the proposed surface coal mine is to be located and in a newspaper of general statewide circulation published in Jackson. The applicant shall place the advertisement in the newspaper within thirty (30) days of the Department's notification to the applicant that the application is complete. The advertisement shall contain, at a minimum, the following information: (1) the name and address of the applicant;(2) a map or description which shall:(A) clearly show or describe towns, rivers, streams or other bodies of water, local landmarks, and any other information, including routes, streets or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;(B) clearly show or describe the exact location and boundaries of the proposed permit area;(C) state the name of the United States Geological Survey 7.5-minute quadrangle map(s) which contains the area shown or described; and(D) if a map is used, indicate the north point;(3) the location where a copy of the application is available for public inspection under § 3103(d);(4) the name and address of the Department in order that written comments, objections, or requests for informal conferences on the application may be submitted under §§ 3105-3109;(5) if an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate or close a public road, except where public notice and hearing have previously been provided for this particular part of the road in accordance with § 1107(d), a concise statement describing the public road, the particular part to be relocated or closed, and the approximate timing and duration of the relocation or closing;(6) if the application includes a request for an experimental practice under § 2901, a statement indicating that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested.(b) Upon receipt of a complete application for a permit, a modification of a permit, or a renewal of a permit, the Permit Board shall issue written notification of: (1) the applicant's intention to surface mine a particularly described tract of land;(2) the application number;(3) where a copy of the application may be inspected; and(4) where comments on the application may be submitted under § 3105.(c) The Permit Board's written notifications shall be sent to:(1) federal, state and local government agencies with jurisdiction over or an interest in the area of the proposed operations including, but not limited to, the U.S. Department of Agriculture Natural Resources Conservation Service district office, the local U.S. Army Corps of Engineers district engineer, the National Park Service, state and federal fish and wildlife agencies, and the state historic preservation officer;(2) local governmental agencies with jurisdiction to act with regard to land use, air or water quality planning in the area of the proposed operations;(3) sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment or distribution facilities located in these areas; and(4) the federal or state governmental agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application.(5) regional planning agencies.(d)(1) Each applicant for a permit, modification of a permit, or renewal of a permit shall file, within ten (10) days after filing with the Permit Board, a copy of its application for public inspection with the clerk of the chancery court of the county or judicial district where the mining is to occur and where real property contiguous to the surface coal mining and reclamation operation is located, if that property is located in more than one (1) county or judicial district. Information determined to be confidential by the Commission pursuant to § 53-9-43 shall be omitted. This copy of the application need not include confidential information exempt from disclosure under § 53-9-43 and § 3111.(2) The applicant shall file any subsequent revision of the application with the clerk of the chancery court at the same time the revision is submitted to the Department.11 Miss. Code. R. § 8-2.3-31-3103