reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.120 - Casing and cementing

Current through May 31, 2024
(a) A proposed casing and cementing program
				  must be included in the application for a drilling permit. A casing program
				  must be designed to
(1) handle stress imposed
				  by the maximum expected temperature and pressure and the physical effects of
				  produced fluids and gases on casing and cement durability;
(2) provide suitable and safe operating
				  conditions for the total depth proposed;
(3) confine fluids to the wellbore, unless
				  slotted liners or perforated casings are used;
(4) prevent migration of fluids from one
				  stratum to another;
(5) assure
				  control of fluids at all well pressures and temperatures encountered;
(6) protect permafrost areas from thaw
				  subsidence and freezeback effects;
(7) prevent contamination of strata bearing
				  freshwater; and
(8) provide well
				  control until the next string of casing is set.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.130 - Blowout prevention

Current through May 31, 2024
(a) All necessary precautions must be taken
				  to keep all wells under control at all times. The following general procedures
				  must be followed, unless waived or amended by the commissioner:
(1) Blowout preventers and related well
				  control equipment must be installed, tested immediately after installation, and
				  maintained ready for use until drilling operations are completed.
(2) Temperature-sensitive components, such as
				  packing elements and ram rubbers, must be made of material that will resist as
				  high a temperature as necessary.
(3) All kill lines, blowdown lines,
				  manifolds, and fittings must be steel or iron and must have a minimum working
				  pressure and temperature rating exceeding the maximum anticipated surface
				  pressure and temperature.
(4)
				  Subject to (b) and (c) of this section, blowout prevention equipment must have
				  manually-operated position selectors, hydraulic actuating systems and
				  accumulators of sufficient capacity to close all of the hydraulically-operated
				  equipment, and must have a pressure of greater than 1,000 psig remaining on the
				  accumulator.
(5) Dual control
				  stations must be installed with a high-pressure backup system. One control
				  panel must be located at the driller's station and one control panel must be
				  located on the ground at least 50 feet away from the wellhead or rotary
				  table.
(6) Air or other gaseous
				  fluid drilling systems must have blowout prevention assemblies. Assemblies may
				  include, but are not limited to, a rotating head, a double ram blowout
				  preventer or equivalent, or a blind ram blowout preventer or gate
				  valve.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.140 - Well spacing and production rates

Current through May 31, 2024
The commissioner will approve a proposed well spacing and
					 production rate program or prescribe modifications determined necessary for
					 proper development and conservation of geothermal resources to qualify a
					 proposed well spacing and production rate program for approval, considering
					 factors such as
(1) the topography of
				  the area;
(2) geologic and
				  reservoir conditions;
(3) the
				  minimum number of wells required for adequate development; and
(4) protection of the environment.
Authority:
AS
						41.06.010
AS 41.06.020
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.150 - Deviation

Current through May 31, 2024
(a) Any well which is not intentionally
				  deviated must be surveyed to determine the inclination from the vertical with
				  surveys starting at 500 feet and no more than 500 feet apart to total depth.
				  The commissioner will, in his discretion, require a complete continuous
				  multi-shot directional survey if the validity of single shot data is
				  questioned.
(b) Any well which will
				  be intentionally deviated is subject to the following procedure:
(1) If drilling is in progress, the operator
				  shall notify the commissioner immediately of the intention to deviate and
				  obtain verbal or written approval, or proceed at the operator's own risk. The
				  operator shall file an application as soon as practical and obtain another
				  drilling permit as required in
				  11 AAC 87.070.
(2) If the applicant is the only affected
				  owner and the commissioner does not object to the application, the commissioner
				  will approve the requested deviation immediately. If there are other affected
				  owners, the commissioner will notify those owners and hold the application for
				  15 days unless a letter of nonobjection from each affected owner is filed with
				  the commissioner. If no objection from affected owners is filed with the
				  commissioner in 15 days, the commissioner will approve the application and
				  issue a drilling permit.
(3) The
				  operator must run a complete, continuous directional survey at intervals not
				  more than 100 feet apart, beginning within 100 feet of the point of deviation
				  of the well. Survey points in the undeviated portion of the well may not be
				  more than 300 feet apart. The commissioner will, in his discretion, require a
				  continuous multi-shot survey if the validity of single shot data is
				  questioned.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.160 - Abandonment

Current through May 31, 2024
(a) Well abandonment must be done in
				  accordance with the requirements of this section and
				  11 AAC 87.170 -
				  11 AAC 87.190. However, the
				  commissioner will, in his discretion, modify these requirements as he considers
				  necessary. The commissioner will, in his discretion, witness abandonment
				  operations required by this chapter.
(b) The operator shall submit to the
				  commissioner a notice of intention to abandon any geothermal well before
				  abandonment.
(c) Before the
				  commissioner will approve abandonment of a well, all required records must be
				  filed with the commissioner and the site inspected after final
				  cleanup.
Authority:
AS
						41.06.020
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.170 - Plugging requirements for geothermal wells

Current through May 31, 2024
All geothermal wells must be plugged before abandonment,
					 using the following procedures:
(1)
				  The hole must be filled with mud-laden fluid from bottom to top of the hole
				  with the exception of intervals required to be plugged with cement.
(2) For each producing formation, a cement
				  plug must be placed which extends either from the bottom of the hole or from 25
				  feet below the bottom of the producing formation upward to at least 50 feet
				  above producing formation.
(3) If a
				  well penetrates below a fresh water zone, a cement plug must extend from 25
				  feet below the bottom of the fresh water zone to at least 50 feet above the
				  water zone.
(4) A 20-foot cement
				  plug must be placed at the top of the casing in each hole plugged. A steel
				  plate must be welded over the casing stub.
(5) If the surface string of casing is set
				  below the deepest fresh water-bearing formation, a cement plug must be placed
				  in the hole extending from a point at least 25 feet below the base of a surface
				  string and 25 feet into the bottom of the casing. The hole must also be capped
				  as provided in (d) of this section.
(6) The operator may place cement in the hole
(A) by using the dump bailer;
(B) by pumping through the tubing or drill
				  pipe;
(C) by pump and plug
				  displacement; or
(D) by any other
				  comparable method approved by the commissioner.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.180 - Water wells

Current through May 31, 2024
If a well drilled for geothermal resources is to be plugged
					 and abandoned but may safely be used as a freshwater well and this use is
					 desired by the landowner, the well need not be cemented above the required plug
					 set below the freshwater as required by
					 11 AAC 87.170. The freshwater well
					 must then comply with the provisions of AS 46.15. Written authority for this
					 action must be obtained from the landowner, who must assume the full
					 responsibility for the final plugging of the water well. The authorization must
					 be filed with and approved by the commissioner. After the commissioner has
					 approved of the plugging of the well to the base of the freshwater zone, the
					 operator is relieved of further obligation and the bond will be
					 released.
Authority:
AS
						41.06.040
AS 41.06.050
AS
						46.15.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.190 - Completion of drilling operations

Current through May 31, 2024
(a) A well is
				  considered to be completed 30 days after
(1)
				  drilling and testing operations have ceased and the well is capable of
				  producing a geothermal resource;
(2) the well has begun to produce geothermal
				  resources, unless drilling operations are resumed before the end of the 30 day
				  period; or
(3) the well is plugged
				  and abandoned.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 4 - Production › 11 AAC 87.210 - Production measurement

Current through May 31, 2024
(a) All producing wells must be measured,
				  using standard equipment and industry practice, to determine quality and
				  quantity of geothermal production.
(b) The operator of a producing geothermal
				  well shall file a monthly statement of geothermal resources production with the
				  commissioner.
Authority:
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 4 - Production › 11 AAC 87.220 - Commingling production

Current through May 31, 2024
The commissioner will, in his discretion, authorize the
					 operator to commingle the production from different wells or leases subject to
					 conditions the commissioner considers necessary.
Authority:
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 4 - Production › 11 AAC 87.230 - Injection

Current through May 31, 2024
(a) A well drilled for the purpose of
				  injection of fluids into a reservoir must be drilled in compliance with
				  11 AAC 87.070 -
				  11 AAC 87.190.
(b) A permit must be obtained from the
				  commissioner before any fluids are injected into any underground reservoir. The
				  application for such a permit must include:
(1) a plan of injection explaining the
				  proposed system, including a description of proposed facilities other than the
				  injection well considered necessary to conduct the operations;
(2) a map of adequate scale showing all
				  existing and proposed wells, distinguished by type of well, pipelines, and
				  other surface facilities;
(3) the
				  injection fluid characteristics, including quality, quantity, source, chemical
				  analysis, chemical reactivity, toxicity, and temperature;
(4) the characteristics of the proposed
				  injection zone, including estimates of volume, a description of the geologic
				  formation and structure, a measurement of porosity and permeability, a chemical
				  analysis of zonal water, static formation pressures and temperatures,
				  anticipated zonal fluid reactivity to the injected fluids, any previous history
				  of injection operations into the same or similar formations, any injectivity
				  tests which may have been conducted, and any other pertinent data;
(5) the hydrology of the surrounding area,
				  including shallow groundwater quality, quantity, analyses, and the predicted
				  effects of contamination by injected fluids on the existing surface and
				  groundwaters;
(6) columnar sections
				  of the injection zone and any available logs or histories of any well
				  penetrating the injection zone that have not previously been
				  submitted;
(7) information
				  regarding possible effects of the injection on such factors as potable water,
				  seismicity, and local tectonic conditions;
(8) a representative injection well drilling
				  program;
(9) a description of the
				  proposed downhole and surface injection equipment and metering facilities with
				  capacity and design capabilities and safety factors in sufficient detail to
				  enable adequate analysis;
(10) a
				  description of proposed injectivity surveys and other means to monitor
				  injection performance; and
(11) any
				  other pertinent information the commissioner determines necessary.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 4 - Production › 11 AAC 87.240 - Maintenance

Current through May 31, 2024
All wellheads, separators, pumps, manifolds, mufflers,
					 valves, pipelines, and other equipment used for the production of geothermal
					 resources must be maintained in good condition in order to safeguard life,
					 health, property and natural resources.
Authority:
AS
						41.06.020
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 4 - Production › 11 AAC 87.250 - Corrosion

Current through May 31, 2024
An inspection program to detect corrosion damage to
					 wellhead equipment, pipelines, and subsurface casing and tubing must be
					 periodically conducted by the operator in order to safeguard life, health,
					 property, and natural resources. Records of all inspections must be made and
					 filed in accordance with
					 11 AAC 87.110.
Authority:
AS
						41.06.020
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 4 - Production › 11 AAC 87.260 - Tests

Current through May 31, 2024
The commissioner will require tests of equipment and
					 remedial work necessary to prevent damage to life, health, property, and
					 natural resources, to protect geothermal reservoirs from damage, and to prevent
					 the infiltration of detrimental substances into underground or surface
					 water.
Authority:
AS
						41.06.020
AS 41.06.040
AS
						41.06.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 5 - General Provisions › 11 AAC 87.280 - Forms

Current through May 31, 2024
(a) Forms must be submitted in accordance
				  with the following:
(1) An Application for
				  Drilling Permit must be submitted for each well.
(2) A bond must be submitted before drilling
				  each well unless a blanket bond is filed.
(3) A Monthly Report of Drilling and Workover
				  Operations must be submitted monthly for active wells.
(4) A Monthly Production and Inspection
				  Report must be submitted monthly for active wells in production.
(5) A Well Completion or Recompletion Report
				  and Log must be submitted within 60 days after completion, suspension, or
				  abandonment of a well.
(6) An
				  Injection Project Report must be submitted monthly as long as injection
				  activities are being conducted in a reservoir.
(7) An Exploratory Operations Completion
				  Report must be submitted within 60 days after completion of exploratory
				  operations.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 5 - General Provisions › 11 AAC 87.290 - Definitions

Current through May 31, 2024
In this chapter,
(1) "blowout" means a sudden or violent
				  uncontrolled escape of fluids;
(2)
				  "department" means the Department of Natural Resources;
(3) "commissioner" means the Commissioner of
				  the Department of Natural Resources or a designee;
(4) "psig" means pounds per square inch
				  gauge;
(5) "reservoir" means an
				  aquifer or zones containing a common geothermal resource.
Authority:
AS
						38.05.020
AS 38.05.181
AS 41.06.020
AS 41.06.040
AS 41.06.050
AS
						46.15.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.100 - Applicability

Current through May 31, 2024
This chapter applies to 11 AAC 82 - 11 AAC 86 unless
				  specifically provided otherwise by the sections dealing with the subject of the
				  application, filing or payment.
Authority:
AS
					 38.05.020(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.105 - Applications

Current through May 31, 2024
All applications filed under 11 AAC 82 - 11 AAC 86 must
				  comply with any requirements imposed by the regulations dealing with the
				  subject of the applications, and must
(1) be typewritten or printed in
				ink;
(2) be signed by the
				applicant;
(3) be filed by mail, or
				personal delivery, or electronic mail at any filing office of the
				division;
(4) identify any affected
				lease, permit, or application by serial number or date of filing;
(5) describe the land affected by the
				application;
(6) state the address
				to which any notice concerning the application may be given and
(7) be accompanied by the filing fee or fees
				prescribed by 11 AAC 05.110 or 11 AAC 05.140; this filling fee is retained as a
				service charge in all cases, including cases in which the application is
				rejected, denied, or withdrawn in whole or in part.
Authority:
AS
					 38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.110 - Withdrawal of applications

Current through May 31, 2024
At any time before a lease or permit is issued, the
				  application may be withdrawn in whole or in part. If withdrawn in part, the
				  application as modified must meet all the requirements of the applicable laws
				  and regulations.
Authority:
AS
					 38.05.020(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.115 - Additional information

Current through May 31, 2024
The director may require any additional information, in
				  accordance with AS 38.05.035(a)(8), necessary to consider an applicant's,
				  claimant's, permittee's, or lessee's compliance with statute and regulations,
				  including financial in form at ion, qualifications, business structure, and
				  other information the director determines necessary. Failure to comply results
				  in rejection of the application and is a default under the terms of the permit
				  or lease and the regulations applicable to it.
Authority:
AS
					 38.05.020
AS
					 38.05.035
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.120 - Deficient filings

Current through May 31, 2024
(a) Applications and documents filed with
				omissions or errors give the applicant no priority if
(1) the land description is insufficient to
				identify the land or the description does not comply with the compactness
				requirements;
(2) the total acreage
				exceeds the maximum established by law or regulation, except where the rule of
				approximation applies;
(3) the
				total acreage is less than the minimum established by law or
				regulation;
(4) the full filing fee
				and the first year's rental, where required, is not filed; and
(5) the application is not signed by or on
				behalf of each person having an interest in the application whether by written
				or oral agreement or contract.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.125 - Time for filing

Current through May 31, 2024
(a) Filing hours for payments and
				applications are from 10:00 a.m. to the end of posted office hours on business
				days, which are Mondays through Fridays, holidays excepted.
(b) Filing hours for all documents to be
				filed for record in the recording district in which the claim or site is
				located are from 8:30 a.m. to the end of posted office hours from Monday
				through Friday, holidays excepted.
(c) All documents, including payments and
				applications, received during filing hours on business days are stamped with
				the exact date and time of filing.
(d) Payments and applications received at any
				other time are filed at 10:00 a.m. on the next business day.
(e) Documents to be filed under (b) of this
				section received at any other time are considered to be filed at 8:30 a.m. on
				the next business day.
(f)
				Applications and documents showing the same time stamp are considered to have
				been filed simultaneously.
Authority:
AS
					 38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.130 - Timely filing

Current through May 31, 2024
(a) Payments are timely if an affected lease
				or permit is identified by an Alaska Division of Lands' serial number, and is
				(1) delivered at any of the division offices designated by the director as
				"filing offices" during filing hours within the time allowed by any notice,
				decision, regulation or law; (2) mailed on or before the due date provided by
				any notice, decision, regulation or law and the mailing date can be verified by
				postmark or other post office record or notation; or (3) submitted through a
				department electronic payment system on or before the due date and time
				provided by notice, decision, regulation or law and the date submitted can be
				verified.
(b) If the serial number
				is not identified, as required in (a) of this section, the time of filing is
				the time of receipt of correct information unless the director determines that
				the lack of such information is immaterial or due to excusable
				inadvertence.
(c) All other
				documents are timely filed if received during filing hours within the time
				allowed by any notice, decision, regulation, or law at any office designated by
				the director and posted in the office as a filing office.
(d) When the last day of the time for filing
				or payment falls on a day the designated filing office is officially closed,
				the time for filing is extended to the next day the office is open to the
				public.
Authority:
AS
					 38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.135 - Means of filing

Current through May 31, 2024
Filings and payments may be made by mail, personal delivery,
				  or through a department electronic mail, filing, or payment system if
				  available, unless provided by the section dealing with the subject of the
				  filing or payment.
Authority:
AS
					 38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.140 - Notices

Current through May 31, 2024
(a) Any notice which the director gives to
				any person must be in writing and must be delivered in person or mailed by
				trackable mail service to the person at the person's address of record with the
				division.
(b) Any person may file
				his current mailing address with the division in writing and may change his
				address of record by written notice filed with the division at any time.
				"Current mailing address" is the most recent or permanent legal address of an
				applicant, permittee, lessee or claimant. It is the responsibility of any
				person doing business with the division to notify the division of his most
				recent or permanent legal address.
(c) A notice is considered to be given and
				received on the date delivered to the current address of record.
(d) Whenever any notice is required to be
				given to a lessee, permittee or claimant, copies of the notice shall also be
				given, in the manner provided by (a) of this section, to any assignee whose
				assignment has been filed for approval.
Authority:
AS
					 38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.145 - Refunds

Current through May 31, 2024
(a) If an application on which rental has
				been submitted is rejected or withdrawn in whole or in part, the first year's
				rental will be refunded in whole or in pro rata part on an acreage
				basis.
(b) Notwithstanding any
				other provision of 11 AAC 82 - 11 AAC 88, no refund will be made for less than
				$10.
Authority:
AS
					 38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.150 - Mailing list

Current through May 31, 2024
The division shall maintain a mailing list for the purpose of
				  sending general notices, orders and other information which the director
				  determines to be of public interest regarding mineral activities of the
				  division to persons who file a written request to be put on a
				  list.
Authority:
AS
					 38.05.020(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.151 - Notice required by AS 38.05.945 (c)

Current through May 31, 2024
(a) A village
				corporation will be given notice under
				AS
				38.05.945(c)(3) if it owns
				or has selected land within six miles of the state land proposed for
				disposal.
(b) A community will be
				given notice under
				AS
				38.05.945(c)(4) if land
				within its boundaries is no more than six miles from the state land proposed
				for disposal. A community is an incorporated or unincorporated place with 25 or
				more inhabitants, according to the most recent census of the U.S. Census
				Bureau. An incorporated community's boundaries will be those reported to the
				department by the Local Boundary Commission. An unincorporated community's
				boundaries will be those delineated by the U.S. Census Bureau in the most
				recent census.
Authority:
AS
					 38.05.020
AS
					 38.05.945
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.155 - Appeal

Current through May 31, 2024
An eligible person affected by a decision issued under 11 AAC
				  82 - 11 AAC 86 may appeal that decision in accordance with 11 AAC
				  02.
Authority:
AS
					 38.05.020
AS
					 44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 1 - Adoption by Reference › 11 AAC 90.001 - Adoption by reference

Current through May 31, 2024
(a)11 AAC 90.002 - 11 AAC 90.911, as amended
				  as of April 24, 2009, are adopted by reference without printing them in full in
				  the Alaska Administrative Code.
(b)
				  The following federal requirements are adopted by reference:
(1)
											30 C.F.R.
				  77.214 (refuse piles; general), revised as of
				  July 1, 2008;
(2)
											30 C.F.R.
				  77.215 (refuse piles; construction
				  requirements), revised as of July 1, 2008;
(3) 40 C.F.R. Part 136  (guidelines
				  establishing test procedures for the analysis of pollutants), revised as of
				  July 1, 2008;
(4) 40 C.F.R. Part 434
				   (coal mining point source category BPT, BAT, BCT limitations and new source
				  performance standards), revised as of July 1, 2007.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 1 - Adoption by Reference › 11 AAC 90.023 - Identification of interests and compliance information

Current through May 31, 2024
(a) An applicant
				  must provide in a permit application
(1) a
				  statement indicating whether the applicant is a corporation, partnership,
				  association, sole proprietorship, or other business entity;
(2) the applicant's taxpayer identification
				  number; and
(3) if applicable, a
				  statement of the operator's status as a corporation, partnership, association,
				  sole proprietorship, or other business entity.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 1 - Adoption by Reference › 11 AAC 90.025 - Authority to enter and ownership information

Current through May 31, 2024
(a) Each
				  application must include the following for the land within the permit area:
(1) the name, address, and, if known, the
				  telephone number of
(A) each legal or
				  equitable owner of record of the surface and mineral estates;
(B) each holder of record of any leasehold
				  interest; and
(C) each purchaser of
				  record under a real estate contract; and
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.103 - Entry of information into the applicant violator system

Current through May 31, 2024
(a) The
				  commissioner will enter the following information into the applicant violator
				  system:
(1) the information an applicant is
				  required to submit under 11 AAC 90.023(a) - (c); and
(2) the information an applicant is required
				  to submit under 11 AAC 90.023(f) pertaining to violations that are unabated or
				  uncorrected after the abatement or correction period has expired.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.104 - Permit eligibility determination

Current through May 31, 2024
(a) Except as
				  provided in (c) of this section and 11 AAC 90.109, the commissioner will make a
				  preliminary finding that an applicant is not eligible for a permit under
				  AS
				  27.21.180(e) and (f) and
				  this section if a surface coal mining operation
(1) that the applicant directly owns or
				  controls has an unabated or uncorrected violation; or
(2) that the applicant or the applicant's
				  operator indirectly controls has an unabated or uncorrected violation that was
				  cited after November 2, 1988, and the control was established after November 2,
				  1988.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.105 - Review of application information to determine eligibility

Current through May 31, 2024
(a) Based on an
				  administratively complete application under 11 AAC 111, the commissioner will
				  review the information submitted by the applicant under 11 AAC 90.023,
				  information from the applicant violator system, and any other available
				  information, to review the applicant's and the applicant's operators'
				  organizational structure and ownership or control relationships, permit
				  history, and compliance history to determine permit eligibility under 11 AAC 90.104.
(b) After a review of
				  information under (a) of this section, the commissioner will issue a
				  determination as to whether the applicant or operator engaged by the applicant
				  has previous mining experience. If the commissioner determines that neither the
				  applicant nor any individual identified in the application has previous surface
				  coal mining experience, the commissioner will conduct an investigation to
				  determine if any other person with surface coal mining experience will own or
				  control all or a portion of the operation.
(c) If, after a review under (b) of this
				  section, the commissioner identifies a person not otherwise listed in the
				  application as a person with ownership or control over all or a portion of the
				  operation, the commissioner will issue a written preliminary finding describing
				  the nature and extent of ownership or control. The commissioner will base
				  written preliminary finding under this subsection on evidence sufficient to
				  establish a prima facie case of ownership or control. The commissioner will
				  issue the finding to the applicant or permittee and to a person identified as
				  an owner or controller. Not later than 30 days after the commissioner issues
				  the finding, a person identified as an owner or controller under this
				  subsection may submit information demonstrating the person's lack of ownership
				  or control. After the 30-day period ends, the commissioner will
(1) review the information submitted under
				  this subsection and
(A) if the commissioner
				  determines that the person is not an owner or controller, serve written notice
				  of this determination to the person and applicant;
(B) if the commissioner determines that the
				  person is an owner or controller, issue a final written finding to the person
				  and applicant and enter the finding and information into the applicant violator
				  system; or
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.109 - Provisional permit

Current through May 31, 2024
(a) The commissioner will issue a provisional
				  permit, revocable under (c) of this section, to an applicant eligible under (b)
				  of this section who owns or controls a surface coal mining and reclamation
				  operation with
(1) a notice of violation for
				  which the abatement period has not yet expired; or
(2) a violation that is unabated or
				  uncorrected beyond the abatement or correction period.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.111 - Completeness review

Current through May 31, 2024
(a) Not later than 90 days after the date of
				  receipt of the application, the commissioner will determine whether an
				  application for a permit, renewal of a permit, or major revision of a permit is
				  complete. A complete application is one that contains all information required
				  under 11 AAC 90.021 - 11 AAC 90.101. If the application is not complete, the
				  commissioner will notify the applicant, in writing, of all information required
				  to render the application complete.
(b) After the commissioner determines that an
				  application is complete under (a) of this section, but before a permit is
				  issued, an applicant must update, correct, or indicate that no change has
				  occurred in the information previously submitted under 11 AAC 90.023- 11 AAC
				  90.033.
As of Register 243 (October, 2022), this section is
						transferred from material adopted by reference in
						11 AAC 90.001(a) to the Alaska
						Administrative Code (AAC) by readoption with additional
						amendments.
Authority:
AS
						27.21.030
AS
						27.21.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.119 - Transfer, sale, or assignment of permit rights

Current through May 31, 2024
(a) A person may
				  not transfer, sell, or assign a permit right under this chapter without the
				  written approval of the commissioner. The commissioner may authorize a proposed
				  successor in interest to temporarily continue the permittee's operation if the
				  successor meets the requirements of
				  AS
				  27.21.190(d) and agrees, in
				  writing, to comply with the approved permit in all respects. The proposed
				  successor in interest shall obtain and provide proof to the commissioner of a
				  reclamation bond by either transfer of the current permit holder's bond,
				  written agreement with the permit holder, or providing other sufficient bond or
				  equivalent guarantee as required by 11 AAC 90.201. This temporary authorization
				  lasts until the commissioner either grants or denies the successor's
				  application for a permit transfer or for a new or revised permit.
(b) A person seeking to succeed by transfer,
				  sale, or assignment to the rights granted by a permit must provide the
				  commissioner with an application for approval of the proposed transfer, sale,
				  or assignment. The application must include any revised information required by
				  11 AAC 90.023 - 11 AAC 90.031, including
(1)
				  the name and address of the existing permittee and permit number or other
				  identifier;
(2) a brief description
				  of the proposed action requiring approval; and
(3) the legal, financial, compliance, and
				  related information required by 11 AAC 90.023 for the applicant for approval of
				  the transfer, assignment, or sale of permit rights.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.121 - Areas where mining may be limited

Current through May 31, 2024
(a) Subject to
				  valid existing rights and (b) - (d) of this section, the commissioner will
				  prohibit operations in accordance with
				  AS
				  27.21.260(d).
(b) Subject to (e) of this section, if an
				  applicant is seeking a permit within an area described in
				  AS
				  27.21.260(d)(2), the
				  commissioner
(1) will transmit a copy of the
				  complete application to the agency that has jurisdiction over the location at
				  issue; and
(2) will not approve the
				  application unless it is approved by that agency.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.122 - Areas designated by acts of Congress

Current through May 31, 2024
Coal mining and reclamation operations may not be
					 conducted on the following lands unless there are valid existing rights, as
					 determined under 11 AAC 90.139, or where valid existing rights determinations
					 for land are not required because an existing operation meets the requirements
					 of 11 AAC 90.123:
(1) any lands
				  protected under
				  AS
				  27.21.260(d);
(2) any federal lands within a national
				  forest; this prohibition does not apply if the United States Secretary of
				  Agriculture
(A) finds that there are no
				  significant recreational, timber, economic, or other values that may be
				  incompatible with surface coal mining operations; and
(B) finds, in addition, that
(i) any surface operations and impacts will
				  be incidental to an underground coal mine; or
(ii) with respect to lands that do not have
				  significant forest cover within a national forest west of the 100th meridian,
				  that surface mining is in compliance with
				  16
				  U.S.C. 528-
				  531 (Multiple-Use
				  Sustained Yield Act of - 1960),
				  30 U.S.C.
				  201-
				  209
				  (Federal Coal Leasing Amendments Act of 1975), and
				  16 U.S.C.
				  1600-
				  1614 (National
				  Forest Management Act of 1976), and
				  30 U.S.C.
				  1201-
				  1328
				  (Surface Mining Control and Reclamation Act of 1977).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.123 - Valid existing rights

Current through May 31, 2024
(a) Possession of a valid existing right only
				  confers an exception from the prohibitions of
				  AS
				  27.21.260, 11 AAC 90.121, and
				  30 U.S.C.
				  1272(e). A person seeking to
				  exercise a valid existing right must comply with all other pertinent
				  requirements of AS 27.21 and this chapter.
(b) Except as provided in this section, a
				  person claiming a valid existing right must demonstrate that a legally binding
				  conveyance, lease, deed, contract or other document vests that person, or a
				  predecessor in interest, with the right to conduct the type of surface coal
				  mining operation intended. This right must exist at the time that the land came
				  under the protection of
				  AS
				  27.21.260 or 11 AAC 90.121. State law will
				  govern the interpretation of a document relied upon to establish a property
				  right, unless federal law provides otherwise. If no applicable state law
				  exists, custom and generally accepted usage at the time and place that the
				  document came into existence will govern the interpretation.
(c) Except as provided in (f) of this
				  section, a person claiming a valid existing right must demonstrate compliance
				  with one of the following:
(1) before the land
				  came under the protection of
				  AS
				  27.21.260 or 11 AAC 90.121, the person
				  obtained all necessary permits and authorizations required to conduct surface
				  coal mining operations or made a good-faith effort to obtain all necessary
				  permits and authorizations; at a minimum, the person must have submitted an
				  application for at least one permit required under 11 AAC 90.007; or
(2) the land is needed for and immediately
				  adjacent to a surface coal mining operation, before the land came under the
				  protection of
				  AS
				  27.21.260 or 11 AAC 90.121 the person
				  obtained all necessary permits and authorizations required to conduct surface
				  coal mining operations, or made a good-faith attempt to obtain all permits and
				  authorizations, and the person successfully demonstrates need under (d) of this
				  section.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.125 - Commissioner's findings

Current through May 31, 2024
(a) The
				  commissioner will not approve an application for a permit or major revision of
				  a permit unless the application affirmatively demonstrates and the commissioner
				  finds, in writing, on the basis of information set out in the application or
				  information otherwise available that is documented in the approval, that
(1) the conditions specified in
				  AS
				  27.21.180(c) have been
				  met;
(2) neither the applicant nor
				  the operator is in violation of the conditions specified in
				  AS
				  27.21.180(f);
(3) the applicant has assured that
				  disturbances to the hydrologic balance will be minimized, the water rights of
				  present users will be protected, and, in those cases where rights cannot be
				  protected, alternative water sources of similar quantity and quality will be
				  provided;
(4) the applicant has
				  obtained a negative determination of alluvial valley floors or satisfied the
				  requirements of 11 AAC 90.149;
(5)
				  the proposed postmining land use of the permit area has been approved by the
				  commissioner under 11 AAC 90.481;
(6) the operation will not affect the
				  continued existence of known threatened or endangered species or result in the
				  destruction or adverse modification of their critical habitat as determined
				  under the Endangered Species Act of 1973 (16
				  U.S.C. 1531, et seg.);
(7) an existing structure proposed for use in
				  the operation meets the requirements of 11 AAC 90.005;
(8) all specific approvals required under 11
				  AAC 90.301 - 11 AAC 90.501 have been made;
(9) the commissioner has determined the
				  amount of bond necessary under 11 AAC 90.205;
(10) for auger mining,
(A) adverse water quality impacts will be
				  prevented or corrected;
(B)
				  prohibition of augering is not necessary to maximize the utilization,
				  recoverability, or conservation of coal;
(C) effects from augering operations would
				  not prevent reclamation from being performed in accordance with this chapter;
				  and
(D) subsidence resulting from
				  auger mining will not disturb or damage power lines, pipelines, buildings,
				  roads, or other facilities; and
(11) the applicant has submitted proof that
				  all reclamation fees required by  30 C.F.R. Part 870  have been paid.
(12) the potential effects of the operation
				  on property listed or eligible for listing on the National Register of Historic
				  Places has been considered in accordance with 11 AAC 90.091 and 11 AAC 90.121(a);
(13) for a re-mining
				  operation that the applicant proposes to reclaim according to standards in 11
				  AAC 90.443(e) or 11 AAC 90.457(c)(5), the site is a previously mined area as
				  defined in this chapter.
(14) the
				  applicant is eligible to receive a permit, based on the review and finding
				  required under 11 AAC 90.104.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.127 - Permit conditions

Current through May 31, 2024
In a permit that the commissioner issues, the commissioner
					 will include the following conditions requiring the permittee to
(1) conduct operations only on that land
				  which is approved for the term of the permit and that is subject to the
				  performance bond or other equivalent guarantee in effect under 11 AAC
				  90.201;
(2) conduct all operations
				  only as described in the complete application, except to the extent that the
				  commissioner otherwise directs in the application decision;
(3) comply with the performance standards of
				  11 AAC 90.301 - 11 AAC 90.501;
(4)
				  allow an authorized representative of the commissioner or the secretary the
				  right of entry specified in 11 AAC 90.601 - 11 AAC 90.603;
(5) take all possible steps to minimize any
				  adverse impact to the environment or public health and safety resulting from
				  noncompliance with any term or condition of the permit, including
(A) accelerated or additional monitoring
				  necessary to determine the nature, extent, and result of any
				  noncompliance;
(B) immediate
				  implementation of measures necessary to comply; and
(C) warning, as soon as possible after
				  learning of the noncompliance, a person whose health and safety is in imminent
				  danger due to the noncompliance;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.134 - Initial review and preliminary finding requirements for improvidently issued permits

Current through May 31, 2024
(a) If the commissioner determines that a
				  surface coal mining and reclamation permit issued under 11 AAC 90.109 or 11 AAC 90.125 may have been improvidently issued, the commissioner will review the
				  circumstances under which the permit was issued. After this review, the
				  commissioner will determine if there is sufficient evidence to make a prima
				  facie case that the permit was improvidently issued because
(1) under the permit eligibility criteria in
				  effect at the time the permit was issued,
(A)
				  the commissioner should not have issued the permit because of an unabated or
				  uncorrected violation; or
(B) the
				  permit was issued on the presumption that a violation was in the process of
				  being corrected to the satisfaction of the agency with jurisdiction over the
				  violation;