Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 7 › 11 AAC 90.163 - Exploration that substantially disturbs the natural land surface or occurs in an area designated unsuitable for surface coal mining

Current through May 31, 2024
(a) A person who
				  intends to conduct coal exploration that will substantially disturb the natural
				  land surface or that will take place in an area designated unsuitable for
				  surface mining under
				  AS
				  27.21.260 or 11 AAC 90.121 shall file an
				  application in the format required by 11 AAC 90.021. The application must
				  include
(1) the information required under 11
				  AAC 90.161(a)(1), (2), and (5);
(2)
				  an exploration and reclamation plan of operations, that includes
(A) a brief description of the proposed area,
				  cross-referenced to the map required under (4) of this subsection, including
				  available information on
(i) surface
				  topography;
(ii) geologic, surface
				  water, and other physical features;
(iii) vegetative cover; and
(iv) important habitat for fish, wildlife,
				  and plants, including any endangered or threatened species listed under
				  16
				  U.S.C. 1531-
				  1543
				  (Endangered Species Act of 1973);
(B) a description of known cultural or
				  historic resources listed or eligible for listing on the National Register of
				  Historic Places (54 U.S.C.
				  302101-
				  302108)
				  and known archaeological features within the proposed exploration area; the
				  commissioner may require additional information regarding known or unknown
				  historic or archeological resources if these resources are likely to be
				  affected by activities under this section;
(C) a description of the methods to be used
				  to conduct coal exploration and reclamation, including types and uses of
				  equipment, drilling, blasting, road or other transportation facility
				  construction, and earth and debris disposal areas;
(D) an estimated timetable for each phase of
				  exploration and reclamation;
(E)
				  the estimated amounts of coal to be removed and a description of the methods to
				  be used to determine those amounts;
(F) the documentation required under (b) of
				  this section if the applicant proposes to remove more than 250 tons of coal;
				  and
(G) a description of how the
				  exploration activities will comply with 11 AAC 90.167;
(3) the names and addresses of all owners and
				  leaseholders of record of the surface land and the mineral estate in the area
				  to be explored;
(4) a map of the
				  1:63,360 scale series enlarged at least 2.5 times showing, based on available
				  information, the area to be disturbed by the proposed exploration and
				  reclamation activities, including
(A) existing
				  roads, structures, pipelines, and the proposed location of trenches, roads,
				  rights-of-way, and other access routes
(B) land excavations to be
				  conducted;
(C) water or coal
				  exploratory holes and wells to be drilled or altered;
(D) earth or debris disposal areas;
(E) bodies of water;
(F) historic, archeological and cultural
				  features;
(G) topographic and
				  drainage features; and
(H) the
				  habitats of endangered or threatened species identified in (2)(A)(iv) of this
				  subsection;
(5) a
				  statement as to whether coal exploration is proposed for lands under the
				  protection of
				  AS
				  27.21.260 or 11 AAC 90.121, and a
				  demonstration that, to the extent technologically and economically feasible,
				  the proposed exploration activities are designed to minimize interference with
				  the values for which those lands were designated as unsuitable for coal mining
				  and reclamation operations; and
(6)
				  documentation of consultation with the owner, agency, or both about a feature
				  causing the land to come under the protection of
				  AS
				  27.21.260(d) and 11 AAC 90.121, and, when applicable, with the agency with primary jurisdiction over
				  the feature with respect to the values that caused the land to come under the
				  protection of
				  AS
				  27.21.260(d) or 11 AAC 90.121.