Current through December 10, 2024
Section 11-8-2.3-31-3121 - Permit Terms(a) Each permit shall be issued for a fixed term not to exceed five years, unless the requirements of § 3121(c) are met.(b) Each application shall state the anticipated or actual starting and termination date of each phase of the surface coal mining and reclamation operation and the anticipated number of acres of land to be affected during each phase of mining over the life of the mine.(c) If the applicant requires an initial permit term in excess of five years in order to obtain necessary financing for equipment and the opening of the operation, the longer fixed permit term may be granted by the Permit Board, if: (1) the application is complete and accurate for the specified longer term;(2) the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing.(d) Termination, Extension (1) A permit shall terminate if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within three years of the issuance of the permit.(2) The Permit Board may grant reasonable extensions of time for commencement of these operations, upon receipt of a written statement showing that such extensions of time are necessary, if litigation precludes the commencement or threatens substantial economic loss to the permittee, or there are conditions beyond the control and without the fault or negligence of the permittee.(3) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.(4) Extensions of time granted by the Permit Board under this Subsection shall be treated as modifications to the permit, triggering the public notice requirements in § 53-9-37 and § 3103.(e) Permits may be suspended, revoked or modified by the Permit Board, in accordance with the act and §§ 2901, 2905, and 3503.11 Miss. Code. R. § 8-2.3-31-3121