Section 11-8-2.5-51-5105 - Performance Standards for Coal Exploration or DevelopmentThe performance standards in this Section are applicable to coal exploration which substantially disturbs the land surface.
(a) Habitats of unique or unusually high value for fish, wildlife and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) shall not be disturbed during coal exploration.(b) The person who conducts coal exploration shall, to the extent practicable, measure important environmental characteristics of the exploration area during the operations to minimize environmental damage to the area and to provide supportive information for any permit application that person may submit under Subchapter 2.3.(c) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of §§ 53111 and 53115- 53117.(d) If excavations, artificial flat areas or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.(e) Topsoil shall be separately removed, stored and redistributed on disturbed areas as necessary to assure successful revegetation or as required by the Permit Board.(f) Revegetation of areas disturbed by coal exploration operations shall be performed by the person who conducts the exploration, or his or her agent. All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following: (1) All disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area. If both the pre-exploration or pre-development and post-exploration or post-development land uses are intensive agriculture, planting of the crops normally grown will meet the requirements of this Subsection.(2) The vegetative cover shall be capable of stabilizing the soil surface against erosion.(g) Diversions of overland flows and ephemeral, perennial or intermittent streams shall be made in accordance with § 5317.(h) Each exploration hole, borehole, well or other exposed underground opening created during exploration must meet the requirements of §§ 5303, 5305, and 5307.(i) All facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for those facilities and equipment that the Permit Board determines may remain to:(1) provide additional environmental quality data;(2) reduce or control the on- and off-site effects of the exploration activities; or(3) facilitate future surface mining and reclamation operations by the person conducting the exploration, under an approved permit.(j) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance, in accordance with §§ 5317-5343. The Permit Board may specify additional measures which shall be followed by the person engaged in coal exploration.(k) Toxic- or acid-forming materials shall be handled and disposed of in accordance with §§ 5325, 5329, 5331, and 5391(e). If specified by the Permit Board, additional measures shall be followed by the person engaged in coal exploration.11 Miss. Code. R. § 8-2.5-51-5105
Miss. Code Ann. §§ 53-9-11 and 53-9-1, et seq.