11 Miss. Code R. § 8-2.3-31-3115

Current through December 10, 2024

Section 11-8-2.3-31-3115 - Criteria for Permit Approval or Denial

No permit, modification, or reissuance shall be approved, unless the application affirmatively demonstrates and the Permit Board finds, in writing, on the basis of information set forth in the application, or from information otherwise available, which is documented in the approval and made available to the applicant, that:

(a) the permit application is accurate and complete and that all requirements of the act and these regulations have been complied with;

(b) the applicant has demonstrated that surface coal mining and reclamation operations, as required by the act and these regulations, can be accomplished under the mining and reclamation operations plan contained in the application;

(c) the assessment of the probable cumulative impacts of all anticipated coal mining in the cumulative impact area on the hydrologic balance, as described in § 53-9-25 and § 2525, has been made by the Department and the operations proposed under the application have been designed to prevent damage to the hydrologic balance outside the proposed permit area;

(d) the proposed permit area is:

(1) not included within an area designated unsuitable for surface coal mining operations under § 53-9-71, Chapter 11, Chapter 13, or Chapter 15; or

(2) Not within an area that is the subject of a petition to designate lands unsuitable for mining, unless the applicant demonstrates that, before January 4, 1977, he or she made substantial legal and financial commitments in relation to the operation for which he or she is applying for a permit; or that is the subject of such a petition but for which consideration has been deferred by the Commission pursuant to § 1507(a)(7); or

(3) not on any lands subject to the prohibitions or limitations of § 1105(a),(b),(f) or (g); or

(4) not within 100 feet of the outside right-of-way line of any public road, except as provided for in § 1107(d); or

(5) not within 300 feet from any occupied dwelling, except as provided for in the act and § 1107(e);

(e) the proposed operations will not adversely affect any publicly-owned parks or places included on the National Register of Historic Places, except as provided for in § 1105(c) or (d);

(f) for operations involving the surface mining of coal where the private mineral estate to be mined has been severed from the private surface estate, the applicant has submitted to the Department the documentation required under § 53-9-33 and § 2309(b);

(1) The written consent of the surface owners to the extraction of coal by surface mining methods; or

(2) A conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.

(g) the applicant has submitted proof that all reclamation fees from previous and existing operations as required by 30 CFR subchapter R have been paid;

(h) the applicant will submit the performance bond or other collateral required under § 53-9-31 and Subpart IV prior to the issuance of the permit;

(i) the applicant has satisfied the applicable requirements of Chapter 29;

(j) the applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural postmining land use, in accordance with the requirements of § 53-9-45 and § 53-9-47 and § 53109;

(k) the Permit Board has found that the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973 ( 16 U.S.C. Sec. 1531 et seq.);

(l) the Permit Board has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the Permit Board has determined that no additional protection measures are necessary.

(m) Final compliance review. After an application is approved, but before the permit is issued, the Department shall reconsider its decision to approve the application, based on the compliance review required by § 3112 in light of any new information submitted under § 3102(d) and § 2307 (d).

(n) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of § 5396, the site of the operation is a previously mined area as defined in § 105.

(o) For permits to be issued under § 2902, the permit application must contain:

(1) Lands eligible for remining;

(2) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(3) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of these regulations can be accomplished.

11 Miss. Code. R. § 8-2.3-31-3115