Section 11-8-2.3-31-3114 - Valid Existing Rights Review at Time of Permit Application Review(a) Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision or modification of the boundaries of a surface coal mining operation permit, the Department or Permit Board must review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations.(b) The Permit Board must reject any portion of the application that would locate surface coal mining operations on land protected under 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations unless: (1) The site qualifies for the exception for existing operations under § 1105(h);(2) A person has valid existing rights for the land, as determined under § 1106;(3) The applicant obtains a waiver or exception from the prohibitions of § 1105 in accordance with 30 CFR § 761.13 or § 1107(d) or § 1107(e) of these regulations; or(4) For lands protected by § 1105(c), both the Permit Board and the agency with jurisdiction over the park or place jointly approve the proposed operation in accordance with paragraph (d) of this section.(c) Location verification. If the Department or Permit Board has difficulty determining whether an application includes land within an area specified in § 1105(a) or within the specified distance from a structure or feature listed in § 1105(f) or (g), the Department or Permit Board must request that the Federal, State, or local governmental agency with jurisdiction over the protected land, structure, or feature verify the location.(1) The request for location verification must: (i) Include relevant portions of the permit application.(ii) Provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request.(iii) Specify that the Permit Board will not necessarily consider a response received after the comment period provided under paragraph (c)(1)(ii) of this section.(2) If the agency does not respond in a timely manner, the Permit Board may make the necessary determination based on available information.(d) Procedures for joint approval of surface coal mining operations that will adversely affect publicly owned parks or historic places.(1) If the Department or Permit Board determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the National Register of Historic Places, the Department or Permit Board must request that the Federal, State, or local agency with jurisdiction over the park or place either approve or object to the proposed operation. The request must: (i) Include a copy of applicable parts of the permit application.(ii) Provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request.(iii) State that failure to interpose an objection within the time specified under paragraph (d)(1)(ii) of this section will constitute approval of the proposed operation.(2) The Permit Board may not issue a permit for a proposed operation subject to paragraph (d)(1) of this section unless all affected agencies jointly approve.(3) Paragraphs (d)(1) and (d)(2) of this section do not apply to:(i) Lands for which a person has valid existing rights, as determined under 30 CFR § 761.16 or § 1106 of these regulations.(ii) Lands within the scope of the exception for existing operations in § 1105(h).11 Miss. Code. R. § 8-2.3-31-3114