reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.07 - Right Of Entry And Operation Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin underground mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.
(2) For underground mining activities where the associated surface operations involve the surface mining of coal and the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide, for lands to be affected by those operations within the permit area --
(a) A copy of the written consent of the surface owner to the extraction of coal by surface mining methods; or
(b) A statement of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.08 - Relationship To Areas Designated Unsuitable For Mining

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining and reclamation operations under Rule 880-X-7D or under study for designation in an administrative proceeding initiated under that Rule.
(2) If an applicant claims the exemption in Rule 880-X-7C-.05, the application shall contain information supporting the applicant's assertion that they made substantial legal and financial commitments before January 4, 1977, concerning the proposed underground mining activities.
(3) If an applicant proposes to conduct or locate surface operations or facilities within 300 feet of an occupied dwelling, the applications shall include the waiver of the owner of the dwelling as required in Rule 880-X-7B-.07(5).
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.09 - Permit Term Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each application shall state the anticipated or actual starting and termination date of each phase of the surface operations and the anticipated number of acres of surface lands to be disturbed.
(2) If the applicant proposes to conduct the underground mining activities in excess of five years, the application shall contain the information needed for the showing required under Rule 880-X-8K-.12(3).
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.10 - Personal Injury And Property Damage Insurance Information

Current through Register Vol. 42, No. 9, June 28, 2024
Each application shall contain either a certificate of liability insurance or evidence that the self-insurance requirements in Rule 880-X-9C-.04 are satisfied.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.11 - Identification Of Other Licenses And Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed underground mining activities. This list shall identify each license and permit by --
(a) Type of permit or license;
(b) Name and address of issuing authority;
(c) Identification numbers of applications for those permits or licenses or, if issued, the identification numbers of the permits or licenses; and
(d) If a decision has been made, the date of approval or disapproval by each issuing authority.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.12 - Identification Of Location Of Public Office For Filing Of Application

Current through Register Vol. 42, No. 9, June 28, 2024
Each application shall identify, by name and address, the public office approved by the State Regulatory Authority where the applicant will simultaneously file a copy of the application for public inspection under Rule 880-X-8K-.05(4).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.13 - Newspaper Advertisement And Proof Of Publication

Current through Register Vol. 42, No. 9, June 28, 2024
A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the State Regulatory Authority and made a part of the complete application not later than four weeks after the last date of publication required under Rule 880-X-8K-.05(1).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8G - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8G-.14 - Facilities or Structures Used in Common

Current through Register Vol. 42, No. 9, June 28, 2024
The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 880-X-9, each permittee shall bond the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective bonding responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the Regulatory Authority that all responsibilities under this chapter for the facility or structure will be met.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71,
et
seq
.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the requirements for the environmental resources contents of permit applications for underground coal mines.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to ensure that each application provides to the State Regulatory Authority a complete and accurate description of the environmental resources that may be affected by surface operations and impacts incident to an underground coal mine (hereafter referred to as surface operations in this Rule).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.03 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It is the responsibility of the applicant to provide, except where specifically exempted in this Rule, all information required by this Rule in the application.
(2) It is the responsibility of State governmental agencies to provide information for applications as specifically required by this Rule.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.04 - General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and off-site areas that may be affected by the proposed surface operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.05 - Cultural, Historical And Archaeological Resources Information

Current through Register Vol. 42, No. 9, June 28, 2024
Each application shall describe and identify --
(1) The nature of cultural and historic resources listed on, or eligible for listing on the National Register of Historic Places and known archaeological features within the proposed permit area and adjacent areas. The description shall be based on all available information, including, but not limited to, data of State and local archaeological, historical, and cultural preservation agencies.
(2) The Regulatory Authority may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through:
(a) Collection of additional information,
(b) Conduct of field investigations; or
(c) Other appropriate analyses.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.07 - Vegetation Information

Current through Register Vol. 42, No. 9, June 28, 2024
The permit application shall contain a map or appropriate description of existing plant communities within the proposed permit area (and adjacent areas, if necessary) adequate to predict the potential for reestablishing vegetation and to demonstrate the suitability of the proposed postmining land use.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.08 - Soil Resources Information

Current through Register Vol. 42, No. 9, June 28, 2024
Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under Rule 880-X-10D-.22(5).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.09 - Land-Use Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including --
(a) A narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.
(b) A narrative of land capability and productivity, which analyzes the land-use description under Paragraph (1) of this Rule in conjunction with other environmental resources information required under this Rule. The narrative shall provide analyses of:
1. The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and
2. The productivity of the proposed permit area before mining, expressed as average yield of food, fiber forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U. S. Department of Agriculture, State agricultural universities or appropriate State natural resource or agricultural agencies.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.10 - Prime Farmland Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant shall conduct a pre-application investigation to determine whether prime farmland soils exist on the proposed permit area. The investigation shall consist of the following:
(a) If a soil survey exists for the area, the applicant shall review such survey to determine if any soils on the proposed permit area are classified as prime farmland soils.
(b) If no soil survey exists for the area, the applicant shall contact the State Regulatory Authority for instructions on conducting an on-site survey of the area. The State Regulatory Authority in consultation with the State Conservationist shall specify the nature and extent of the on-site investigation. If the on-site investigation indicates that prime farmland soils may exist on the permit area, the applicant shall cause a soil survey to be made. Such soil survey shall be of the detail used by the U. S. Conservation Service for operational conservation planning.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8H - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 880-X-8H-.11 - Fish And Wildlife Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.
(a) The scope and level of detail for such information shall be determined by the Regulatory Authority in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required in 880-X-8I-.18(1).
(c) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:
1. Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
et
seq
.), or those species or habitats protected by similar State statutes;
2. Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproductions and wintering areas; or
3. Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule provides the requirements for the mining operations and reclamation plan portions of applications for permits for surface operations and impacts incident to an underground coal mine (referred to as surface operations hereafter in this Rule) except to the extent that different requirements for those plans are established under Rule 880-X-8J.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to ensure that the State Regulatory Authority is provided with comprehensive and reliable information on proposed surface operations, and to ensure that those activities are allowed to be conducted only in compliance with the Act and these regulations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.03 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It is the responsibility of the applicant to provide to the State Regulatory Authority all of the information required by this Rule, except where specifically exempted in this Rule.
(2) It is the responsibility of other State governmental agencies to provide information to the State Regulatory Authority where specifically required in this Rule.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.04 - Cross Sections, Maps And Plans: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Permit maps required by these regulations shall be prepared by or under the supervision of and certified by a qualified registered professional engineer or registered land surveyor.
(2) Cross sections and other maps required by these regulations shall be prepared by or under the direction of and certified by a qualified registered professional engineer or a professional geologist, with assistance from experts in related fields such as land surveying and landscape architecture.
(3) Design plans required by these regulations shall be prepared by or under the direction of and certified by a qualified registered professional engineer.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.05 - Operation Plan: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Each application shall contain a description of the surface operations to be conducted within the proposed permit area, including, at a minimum, the following:
(a) A description of the methods, of procedures and proposed engineering techniques and the major equipment to be used for all aspects of those operations.
(b) A description of the sequence and timing of the disturbing of sub-areas (shown on the permit map as required in Rule 880-X-8I-.07)  of the permit area for which individual bonds will be obtained, over the total life of the proposed permit.
(c) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in Rule 880-X-10D-.64)  --
1. Coal removal, handling, storage, cleaning, and transportation structures and facilities;
2. Spoil, coal processing waste, and non-coal waste removal, handling, storage, transportation, and disposal structures and facilities.
3. Mine facilities; and
4. Water pollution control facilities.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.06 - Operation Plan: Existing Structures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each application shall contain a description of each existing surface structure proposed to be used in connection with or to facilitate the underground coal mining operation. The description shall include --
(a) Location;
(b) Plans of the structure which describe its current condition;
(c) Approximate dates on which construction of the existing structure was begun and completed; and
(d) Evidence, including relevant monitoring data, whether or not the structure meets the performance standards of Chapter 880-X-10 of these regulations.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.09 - Underground Development Waste

Current through Register Vol. 42, No. 9, June 28, 2024
Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations, facilities, according to Rule 880-X-10D-.33. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures and be prepared according to Rule 880-X-8F-.16.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.10 - Subsidence Control Plan

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pre-subsidence survey. Each application must include:
(a) A map of the permit and adjacent areas at a scale of 1:12,000, or larger if determined necessary by the Regulatory Authority, showing the location and type of structures and renewable resource lands that subsidence may materially damage or for which the value or reasonably foreseeable use may be diminished by subsidence, and showing the location and type of drinking, domestic, and residential water supplies that could be contaminated, diminished, or interrupted by subsidence.
(b) A narrative indicating whether subsidence, if it occurred, could cause material damage to or diminish the value or reasonably foreseeable use of such structures or renewable resource lands or could contaminate, diminish, or interrupt drinking, domestic, or residential water supplies.
(c) A survey of the condition of all non-commercial buildings or occupied residential dwellings and structures related thereto, that may be materially damaged or for which the reasonably foreseeable use may be diminished by subsidence, within the area encompassed by the applicable angle of draw; as well as a survey of the quantity and quality of all drinking, domestic, and residential water supplies within the permit area and adjacent area that could be contaminated, diminished, or interrupted by subsidence. If the applicant cannot make this survey because the owner will not allow access to the site, the applicant will notify the owner, in writing, of the effect that denial of access will have as described in 880-X-10D-.58(3)(d). The applicant must pay for any technical assessment or engineering evaluation used to determine the pre-mining condition or value of such non-commercial buildings or occupied residential dwellings and structures related thereto and the quantity and quality of drinking, domestic, or residential water supplies. The applicant must provide copies of the survey and any technical assessment or engineering evaluation to the property owner and Regulatory Authority.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.11 - Reclamation Plan: Postmining Land Uses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each plan shall contain a description of the proposed use, following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain --
(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;
(b) Where a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under Rule 880-X-10D-.64; and
(c) The consideration which has been given to making all of the proposed surface operations consistent with the surface owner plans and applicable State and local land use plans and programs.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.12 - Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams And Embankments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. Each application shall include a general plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.
(a) Each general plan shall --
1. Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer.
2. Contain a description, map, and cross section of the structure and its location;
3. Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;
4. Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and
5. Contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the Alabama Surface Mining Commission. The Alabama Surface Mining Commission shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.13 - Diversions

Current through Register Vol. 42, No. 9, June 28, 2024
Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with Rules 880-X-10D-.14 - 880-X-10D-.15.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.14 - Protection Of Public Parks And Historic Places

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used:
(a) To prevent adverse impacts, or
(b) If valid existing rights exist or joint agency approval is to be obtained under Rule 880-X-7B-.07(6) of these regulations, to minimize adverse impacts.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.15 - Relocation Or Use Of Public Roads

Current through Register Vol. 42, No. 9, June 28, 2024
Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under Rule 880-X-7B-.09 the applicant seeks to have the State Regulatory Authority approve --
(a) Conducting the proposed surface operations and impacts incident to an underground coal mine within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join the right-of-way; or
(b) Relocating a public road.
Author:
Alabama Surface Mining Commission
On February 5, 2002, the Office of Surface Mining approved this rulemaking adopted by the commission on August 16, 2001. The effective date of this rule will be March 7, 2002.
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.16 - Return Of Coal Processing Waste To Abandoned Underground Workings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the State Regulatory Authority and the Mine Safety and Health Administration under Rule 880-X-10D-.34(6).
(2) Each plan shall describe the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.
(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.
(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.
(5) The requirements of Paragraphs (1), (2), (3), and (4) of this Rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the State Regulatory Authority from requirements specifying hydrologic monitoring.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.17 - Road Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Plans and drawings. Each applicant for an underground coal mining and reclamation permit shall submit plans and drawings for each road, as defined in 880-X-2A-.06, to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall --
(a) Include a map, appropriate cross sections, design drawings, and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;
(b) Contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the Alabama Surface Mining Commission in accordance with 880-X-10D-.65(4)(a);
(c) Contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the Alabama Surface Mining Commission in accordance with 880-X-10D-.66(3)(b);
(d) Contain a description of measures to be taken to obtain approval of the Alabama Surface Mining Commission for alteration or relocation of a natural stream channel under 880-X-10D-.66(4)(e);
(e) Contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the Alabama Surface Mining Commission can maximize the protection of the stream in accordance with 880-X-10D-.66(4)(f); and
(f) Describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.18 - Fish And Wildlife - Protection And Enhancement Plan

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall --
(a) Be consistent with the requirements of 880-X-10D-.45 of this chapter;
(b) Apply, at a minimum, to species and habitats identified in 880-X-8H-.11(1); and
(c) Include --
1. Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and
2. Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.19 - Support Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Each applicant for an underground coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with 880-X-10D-.71 for each facility.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8I - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION UNDERGROUND MINING PERMIT APPLICATIONS - REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 880-X-8I-.20 - Additional Cross Sections, Maps, And Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The application shall include cross sections, maps, and plans showing--
(a) Elevations and locations of test borings and core samplings;
(b) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;
(c) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;
(d) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;
(e) Location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;
(f) Location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent area;
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the requirements for permits for certain categories of surface coal mining and reclamation operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to ensure that permits are issued for certain categories of surface coal mining and reclamation operations only after the State Regulatory Authority receives information that shows that these operations will be conducted according to the applicable requirements of the Act and these regulations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.03 - Reclamation Of Abandoned Lands Within New Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule is intended to encourage the reclamation of previously abandoned surface mined areas within the new permit area by allowing the use of abandoned mined areas as off-site spoil placement.
(2) Once application has been made pursuant to this Rule the State Regulatory Authority may issue a special permit for off-site placement of spoil in abandoned mined areas upon its determination that such operation will result in the reclamation of said areas in accordance with reclamation standards established by these regulations.
(3) A completed permit for purposes of this Rule shall be the incorporation of the abandoned mined areas into the overall permit application being submitted.
(4) In addition to other required information, a permit application requesting off-site spoil placement in abandoned mine areas shall --
(a) Identify on the permit map the exact location and area of the abandoned lands relative to the proposed permit area;
(b) Describe the existing conditions of the abandoned lands; and
(c) Describe the proposed reclamation plan for the abandoned lands.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.05 - Mountaintop Removal Mining

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining.
(2) Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, except as provided for in Rule 880-X-10H-.03(l)(f), by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of this Rule.
(3) A permit for mountaintop removal mining may be issued, without regard to the requirements of Rules 880-X-10C-.52 - 880-X-10C-.56 to restore the lands disturbed by such mining to their approximate original contour, if the State Regulatory Authority first finds, in writing, on the basis of a complete application, that the following requirements are met:
(a) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, forestry, residential, or public facility (including recreational facilities) use and, if --
1. After consultation with the appropriate land use planning agencies, the proposed land use is deemed by the State Regulatory Authority to constitute an equal or better economic or public use of the affected land compared with the pre-mining use;
2. The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of Rule 880-X-10C-.66;
3. The proposed use would be compatible with adjacent land uses and existing State and local land use plans and programs; and
4. The State Regulatory Authority has provided, in writing, an opportunity of not more than 60 days to review and comment on such proposed use to the governing body of general purpose government in whose jurisdiction the land is located and any State or Federal agency which the State Regulatory Authority, in its discretion, determines to have an interest in the proposed use.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.06 - Steep Slope Mining

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except --
(a) Where an operator proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;
(b) Where a person obtains a permit under the provisions of Rule 880-X-8J-.05; or
(c) To the extent that a person obtains a permit incorporating a variance under Rule 880-X-8J-.07.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.07 - Permits Incorporating Variances From Approximate Original Contour Restoration Requirements For Steep Slope Mining

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule applies to non-mountaintop removal, steep slope surface coal mining and reclamation operations where the operation is not to be reclaimed to achieve the approximate original contour required by Rules 880-X-10C-.52 - 880-X-10C-.56 or 880-X-10D-.48 - 880-X-10D-.50 and 880-X-10I-.04(b).
(2) The objective of this Rule is to allow for a variance from approximate original contour restoration requirements on steep slopes for surface coal mining and reclamation operations to --
(a) Improve watershed control of lands within the permit area and on adjacent lands; and
(b) Make land within the permit area, after reclamation, suitable for an industrial, commercial, residential, agricultural, forestry or public use, including recreational facilities.