reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.12 - Regulatory Authority Obligations At Time Of Permit Application Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the regulatory authority must review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under Rule 880-X-7B-.06.
(2) The regulatory authority must reject any portion of the application that would locate surface coal mining operations on land protected under Rule 880-X-7B-.06 unless;
(a) The site qualifies for the exception for existing operations under Rule 880-X-7B-.07;
(b) A person has valid existing rights for the land, as determined under Rule 880-X-7B-.11;
(c) The applicant obtains a waiver or exception from the prohibitions of Rule 880-X-7B-.06 in accordance with Rule 880-X-7B-.08 through Rule 880-X-7B-.10; or
(d) For lands protected by Rule 880-X-7B-.06(c) both the regulatory authority and the regulatory authority with jurisdiction over the park or place jointly approve the proposed operation in accordance with paragraph (d) of this section.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7C - AREAS UNSUITABLE FOR MINING CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7C-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										§
										9-16-71, 73, 74, 75, 80, 87, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7C - AREAS UNSUITABLE FOR MINING CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7C-.02 - Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall use the criteria in this Rule for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										§
										9-16-71, 73, 74, 75, 80, 87, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7C - AREAS UNSUITABLE FOR MINING CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7C-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(See Rule 880-X-2A-.06 Definitions.)
Author:
Statutory Authority:
Code of Ala. 1975
, §
										§
										9-16-71, 73, 74, 75, 80, 87, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7C - AREAS UNSUITABLE FOR MINING CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7C-.04 - Criteria for Designating Lands as Unsuitable

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the State Regulatory Authority determines that reclamation is not technologically and economically feasible under the Act.
(2) Upon petition an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will --
(a) Be incompatible with existing State or local land use plans or program;
(b) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems;
(c) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or
(d) Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7C - AREAS UNSUITABLE FOR MINING CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7C-.05 - Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 42, No. 9, June 28, 2024
The requirements of this Rule do not apply to --
(a) Lands on which surface coal mining operations were being conducted on August 3, 1977;
(b) Lands covered by a permit issued under the Act; or
(c) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										§
										9-16-71, 73, 74, 75, 80, 87, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7C - AREAS UNSUITABLE FOR MINING CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7C-.06 - Exploration on Land Designated as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 42, No. 9, June 28, 2024
Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 28 of the Act and regulations of this Chapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the State Regulatory Authority to insure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										§
										9-16-71, 73, 74, 75, 80, 87, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes minimum procedures and standards to be included in the State program for designating non-Federal and non-Indian lands in the State as unsuitable for all or certain types of surface coal mining operations and for terminating designations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to implement processes to designate lands unsuitable for all or certain types of surface coal mining operations and for terminating designations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.03 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority has authority to develop and include in the State program procedures and standards to designate lands unsuitable for all or certain types of surface coal mining operations and to terminate such designations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.04 - Procedures: General Process Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall establish a process enabling objective decisions to be made on which, if any, land areas of the State are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competent, scientifically sound data and other relevant information. This process shall include the requirements listed in Rules 880-X-7D-.05 - 880-X-7D-.11.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.05 - Procedures: Petitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Right to Petition
. Any person having an interest which is or may be adversely affected has the right to petition the State Regulatory Authority to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated.
(2)
Designation
. The only information that a petitioner need provide is --
(a) The location and size of the area covered by the petition;
(b) Allegations of facts and supporting evidence which would tend to establish that the area is unsuitable for all or certain types of surface coal mining operations;
(c) A description of how mining of the area has affected or may adversely affect people, land, air, water or other resources;
(d) The petitioner's name, address, and telephone number; and
(e) Identification of the petitioner's interest which is or may be adversely affected.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.06 - Procedures: Initial Processing, Recordkeeping, And Notification Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Within 30 days of receipt of a petition, the State Regulatory Authority shall notify the petitioner by certified mail whether or not the petition is complete under Rule 880-X-7D-.05(2) or (3).
(b) The State Regulatory Authority shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the State Regulatory Authority finds there are not any identified coal resources in that area, it shall return the petition to the petitioner with a statement of the findings.
(c) The State Regulatory Authority may reject petitions for designations or terminations of designations which are frivolous. Once the requirements of Rule 880-X-7D-.05 are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the State Regulatory Authority pursuant to the procedures of this Rule.
(d) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the State Regulatory Authority shall determine if the new petition presents new allegations of facts. If the petition does not contain new allegations of facts, the State Regulatory Authority shall not consider the petition and shall return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.
(e) If the State Regulatory Authority determines that the petition is incomplete or frivolous, it shall return the petition to the petitioner, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.
(f) The State Regulatory Authority shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition.
(g) Any petitions received after the close of the public comment period on a permit application relating to the same permit area shall not prevent the State Regulatory Authority from issuing a decision on that permit application. The State Regulatory Authority may return any petition received thereafter to the petitioner with a statement why the State Regulatory Authority cannot consider the petition. For the purposes of this Rule, close of the public comment period shall mean at the close of any informal conference held under Rule 880-X-8K-.08, or, if no conference is requested, at the close of the period for filing written comments and objections under Rules 880-X-8K-.06 - 880-X-8K-.07.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.07 - Procedures: Hearing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Within 10 months after receipt of a complete petition, the State Regulatory Authority shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be legislative and fact-finding in verbatim transcript of the hearing.
(2)
(a) The State Regulatory Authority shall give notice of the date, time, and location of the hearing to:
1. Local, State, and Federal agencies which may have an interest in the decision on the petition;
2. The petitioner and the intervenors; and
3. Any person with an ownership or other interest known to the State Regulatory Authority in the area covered by the petition.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.08 - Procedures: Decision

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In reaching its decision, the State Regulatory Authority shall use --
(a) The information contained in the data base and inventory system;
(b) Information provided by other governmental agencies;
(c) The detailed statement prepared under Rule 880-X-7D-.07(5); and
(d) Any other relevant information submitted during the comment period.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.09 - Data Base And Inventory System Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Regulatory Authority shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions.
(2) The State Regulatory Authority shall include in the system information relevant to the criteria in Rule 880-X-7C-.04 including, but not limited to, information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the agency administering Section 127 of the Clean Air Act, as amended (42 U.S.C. Section 7470
et
seq
.).
(3) The State Regulatory Authority shall add to the data base and inventory system information --
(a) On potential coal resources of the State, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the State Regulatory Authority to prepare the statements required by Rule 880-X-7D-.07(5); and
(b) That becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.10 - Public Information

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall: -
(a) Make the information and the data base system developed under Rule 880-X-7D-.09 available to the public for inspection free of charge and for copying at reasonable cost, except that specific information relating to the location of properties proposed to be nominated to, or listed in, the National Register of Historic Places, need not be disclosed if ASMC determines that the disclosure of such information would create a risk of destruction or harm to such properties;
(b) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7D - AREAS UNSUITABLE FOR MINING STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 880-X-7D-.11 - State Regulatory Authority Responsibility For Implementation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall not issue permits which are inconsistent with designations made pursuant to Rules 880-X-7A, 880-X-7B, 880-X-7C and 880-X-7D.
(2) The State Regulatory Authority shall maintain maps of areas designated as unsuitable for all or certain types of surface coal mining operations.
(3) The State Regulatory Authority shall make available to any person any information within its control regarding designations, including mineral or elemental content which is potentially toxic in the environment but excepting proprietary information on the chemical and physical properties of the coal.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8A - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS › Section 880-X-8A-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter provides the minimum requirements for approval of the permits for coal exploration and surface coal mining and reclamation operations. These include --
(a) Requirements for obtaining permits;
(b) The timing, development and filing of permit applications;
(c) State Regulatory Authority review of applications and approval or denial of permits;
(d) Administrative review of State Regulatory Authority decisions on permits;
(e) The terms and conditions of permits;
(f) Public participation in the permit process;
(g) The renewal and revision of permits;
(h) Requirements for permits for special categories of surface coal mining and reclamation operations; and
(i) Procedures for coal exploration operations under regulatory programs.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8A - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS › Section 880-X-8A-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Chapter are to ensure that surface coal mining and reclamation operations are conducted only after the State Regulatory Authority has first determined that reclamation is feasible and that all coal exploration and surface coal mining and reclamation operations are conducted so as to fully protect the environment.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8A - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS › Section 880-X-8A-.03 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Persons seeking to engage in surface coal mining and reclamation operations must submit an application for and obtain a permit for those operations in accordance with this Chapter. Persons seeking to conduct coal exploration must first file a notice of intention or obtain a permit from the State Regulatory Authority as required under Rule 880-X-8C.
(2) The State Regulatory Authority shall review each notice of intention to explore and each application for a permit; approve or disapprove each permit application; and issue, condition, suspend, or revoke exploration approval, permits, renewals, or revised permits under the State regulatory program.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8A - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS › Section 880-X-8A-.04 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(see Rule 880-X-2A-.06 for all Definitions.)
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8A - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS › Section 880-X-8A-.05 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter is organized according to separate rules, as follows --
(a) Rules 880-X-8A and 880-X-8B establish introductory, definitional, and other general provisions applicable for all rules of this Chapter.
(b) Rule 880-X-8C establishes procedures regarding coal exploration.
(c) Rules 880-X-8D, 880-X-8E and 880-X-8F establish specific requirements for permit application contents for surface coal mining activities.
(d) Rules 880-X-8G, 880-X-8H and 880-X-8I establish specific requirements for permit application contents for underground coal mining activities.
(e) Rule 880-X-8J establishes requirements for permits for certain special categories of surface coal mining and reclamation operations.
(f) Rule 880-X-8K establishes requirements for the review, issuance, or denial of permits, and for public participation in that process.
(g) Rule 880-X-8L establishes requirements for administrative and judicial review of final State Regulatory Authority decisions on permits and applications for exploration approval and permits.
(h) Rule 880-X-8M establishes requirements for the review, revision, and renewal of permits, and for the transfer, sale, or assignment of rights granted under permits.
(i) Rule 880-X-8N establishes requirements for providing assistance to small operators and qualifying laboratories to perform necessary hydrologic consequences determinations and boring or core sampling analyses for those operators.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8A - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS › Section 880-X-8A-.06 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Chapter applies to each person who applies for a permit for surface coal mining and reclamation operations or conducts surface coal mining and reclamation operations pursuant to a permit and to persons who seek to conduct coal exploration.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8A - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS › Section 880-X-8A-.07 - Coordination With Requirements Under Other Laws

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall, to avoid duplication, be solely responsible for issuance of permits for surface coal mining and shall provide for the coordination of review and issuance of permits with --
(a) Any other Federal or State permit process applicable to those operations including, at a minimum, permits required under the --
1. Clean Water Act, as amended (33 U.S.C. Sec. 1251
et
seq
.);
2. Clean Air Act, as amended (42 U.S.C. Sec. 7401
et
seq
.);
3. Resource Conservation and Recovery Act (   42 U.S.C. Sec. 3251
et
seq
.); and
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Part establishes general criteria for permits and permit application requirements.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Part are to insure that all surface coal mining and reclamation operations are conducted only under permits issued in accordance with the requirements of the State Regulatory Authority, that all persons make timely application for permits, to provide general requirements on permit fee systems, and to provide the general content requirements of permit application.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.03 - General Requirements For Permits-Operators

Current through Register Vol. 42, No. 9, June 28, 2024
On and after eight months from the date on which a regulatory program is approved by the U. S. Secretary of the Interior no person shall engage in or carry out surface coal mining within the State of Alabama unless that person has first obtained a valid permit issued by the State Regulatory Authority. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.
(a) A person conducting surface coal mining operations, under a valid permit issued or amended under the Alabama Surface Mining Reclamation Act of 1975, as amended, may conduct these operations beyond the period prescribed in Rule 880-X-2B-.01 if --
1. Timely and complete application for a permit has been made to the State Regulatory Authority in accordance with the provisions of the Act, this Chapter, and the regulatory program;
2. The State Regulatory Authority has not yet rendered an initial decision with respect to such application; and
3. The operations are conducted in compliance with all terms and conditions of the existing permit, the requirements of the Act, and Chapter 880-X-8 of this Chapter.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.04 - Compliance With Permits

Current through Register Vol. 42, No. 9, June 28, 2024
All persons shall conduct surface coal mining and reclamation operations under permits issued pursuant to this Chapter and by the State Regulatory Authority and shall comply with the terms and conditions of the permit and the requirements of the Act and these regulations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.05 - Permit Application Filing Deadlines

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Initial implementation of the regulatory program --
(a) Not later than 2 months following the initial approval by the Secretary of the regulatory program regardless of litigation contesting that approval, each person who conducts or expects to conduct surface coal mining and reclamation operations after the expiration of 8 months from that approval shall file an application for a permit for those operations.
(b) Applications for those operations which are not filed within the time required by Paragraph (1)(a) of this Rule shall be deemed applications filed under Paragraph (2)(a) of this Rule.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.06 - Permit Applications - General Requirements For Format And Contents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applications for permits to conduct surface coal mining and reclamation operations shall be filed in the format required by the State Regulatory Authority. The application shall be complete and include, at a minimum, the following: for surface mining activities, all the applicable information required under Rules 880-X-8D, 880-X-8E, 880-X-8F; for underground mining activities, all the information required under Rules 880-X-8G, 880-X-8H and 880-X-8I; and, for special types of surface coal mining and reclamation operations, all the information required under Rule 880-X-8J.
(2) Information set forth in the application shall be current, presented clearly and concisely, and supported by appropriate reference to technical and other written material available to the State Regulatory Authority.
(3) All technical data submitted in the application shall be accompanied by--
(a) Names of persons or organizations which collected and analyzed such data:
(b) Dates of the collection and analyses; and
(c) Descriptions of methodology used to collect and analyze the data;
(d) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.07 - Permit Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each application
					for a permit, and each application for a permit revision, renewal or transfer
					and each application for a coal exploration permit shall be accompanied by a
					non - refundable fee consisting of a basic fee and an acreage fee. Applications
					for revisions to or transfers of a permit shall not require an additional
					acreage fee if no new acreage is added to the increment upon which operations
					are taking place.
(2) The basic
					fee for a permit application is Five Thousand Dollars ($5,000.00); the basic
					fee for a coal exploration permit application is Two Thousand Five Hundred
					Dollars ($2, 5 00.00); the basic fee for a permit renewal application is Two
					Thousand Five Hundred Dollars ($ 2, 5 00.00); the basic fee for a permit
					transfer application is Five Hundred Dollars ($ 5 00.00); the basic fee for a
					permit revision application involving only an incidental boundary revision is
					Five Hundred Dollars ($500.00); the basic fee for a permit revision
					application involving an insignificant alteration to the mining and reclamation
					plan is One Thousand Five Hundred Dollars ($1,500.00) and the basic fee for a
					permit revision application involving a significant alteration to the mining
					and reclamation plan is Three Thousand Dollars ($3,000.00).
(3) The initial acreage fee shall be Seventy
					- five Dollars (7 5.00) per acre for each acre in a permit covered by a
					performance bond . This initial acreage fee shall be paid prior to the
					initiation of operations on the permit or on an increment if increments are
					used. In the case of permit renewals, the initial acreage fee shall be paid on
					all bonded acreage covered by the renewal.
(4) Upon expiration of a permit, an annual
					acreage fee of Fifteen Dollars ($15.00) per acre shall be paid on an annual
					basis for each acre covered by a performance bond as of October 1 st of the
					year. This annual acreage fee for expired permits shall be paid by December 31
					st of each year.
(5) The above fee
					shall be deposited to the Alabama Surface Mining Fund, to be expended by the
					Commission for the purposes of reviewing, administering, inspecting and
					enforcing the permit.
The operative date of this rule is subject to review and
							approval from the U.S. Secretary of the
							Interior.
Author:
Randall C. Johnson, Johnathan E.
							Hall
Statutory Authority:
Code of Ala.
							1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8B - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 880-X-8B-.08 - Verification of Application

Current through Register Vol. 42, No. 9, June 28, 2024
Applications for permits shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Subchapter establishes the requirements and procedures for coal exploration for all lands.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.02 - Not Used

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed: Filed 9/30/90, Effective 8/2/91)
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.03 - Not Used

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed: Filed 9/30/91, Effective 8/2/91)
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.04 - Exploration: General Requirements For Removal Of Less Than 250 Tons And Disturbance Of Less Than One-Half Acre

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who intends to conduct coal exploration operations outside a permit area during which 250 tons or less of coal will be removed and less than one-half acre is disturbed in the coal exploration, shall file with the Regulatory Authority a written notice of intention to explore and shall comply with Rule 880-X-8C-.08 of these regulations. Exploration which will take place on lands designated as unsuitable for surface coal mining operations under Chapter 880-X-7 shall be subject to the permitting requirements under 880-X-8C-.05.
(2) The notice shall include --
(a) The name, address, and telephone number of the person seeking to explore;
(b) The name, address, and telephone number of the person's representative who will be present at, and responsible for conducting, the exploration activities;
(c) A precise description to the nearest quarter-quarter-quarter-quarter section or the location shown on a topographical map at a scale of 1:24,000 or larger of the exploration area, showing the general location of drill holes and trenches, existing and proposed roads, occupied dwellings, topographic features, bodies of surface water, and pipelines;
(d) A statement of the period of the expected commencement and termination of intended exploration;
(e) A description of the methods of exploration to be used and practices proposed to be followed to protect the environment from adverse impacts as a result of the exploration activities, including reclamation procedures in accordance with Subchapter 880-X-10B.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.06 - Applications: Approval Or Disapproval Of Exploration Of More Than 250 Tons

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall act upon a completed application within a reasonable period of time but not to exceed thirty days following the close of the public comment period. The approval of a coal exploration permit may be based only on a complete and accurate application.
(2) The State Regulatory Authority shall approve a complete application filed in accordance with this Subchapter, if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application --
(a) Will be conducted in accordance with the Act, Subchapter 880-X-10B, this Subchapter and these regulations;
(b) Will not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. Section 1531,
et
seq
); or result in the destruction or adverse modification of critical habitat of those species; and
(c) Will not adversely affect any cultural or historical resources or districts, sites, buildings, structures, or objects listed on the National Register of Historical Places, unless the proposed exploration has been approved by both the State Regulatory Authority and the agency with jurisdiction over such matters.
(d) Requires that the tonnage to be removed and acreage to be disturbed are justified by the scope of the operation.
(e) With respect to exploration activities on any lands protected under Rule 880-X-7B-.06 of these regulations, minimize interference, to the extent technologically and economically feasible, with the values of which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the regulatory authority must provide reasonable opportunity to the owner of the feature causing the land to come under the protection of Rule 880-X-7B-.06 of these regulations, and when applicable, to the regulatory authority with primary jurisdiction over the feature with respect to the values that caused the land to come under such protection, to comment on whether the finding is appropriate.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.07 - Applications: Notice And Hearing For Exploration Of More Than 250 Ton

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall notify the applicant, the appropriate local government officials, and other commentors on the application in writing, of its decision to approve or disapprove the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. The State Regulatory Authority shall provide public notice of approval or disapproval of each application, by posting at a public office in the general vicinity of the proposed operations.
(2) Any person with interests which are or may be adversely affected by a decision of the State Regulatory Authority pursuant to Paragraph (1) above, shall have the opportunity for administrative and judicial review as set forth in Subchapter 880-X-8L.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.08 - Coal Exploration Compliance Duties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be conducted in accordance with coal exploration requirements of the Act, this subchapter, Subchapter 880-X-10B and any terms or conditions imposed by ASMC in granting the exploration permit.
(2) Any person who conducts any coal exploration operation in violation of the provisions of this Chapter, Subchapter 880-X-10B, or any exploration permit term or condition imposed by ASMC, shall be subject to the provisions of Section 26 of the Act, and Chapter 880-X-11.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 87 and  30 USC 1235.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.09 - Commercial Use Or Sale

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided under paragraph (2) of this Rule, any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining operations for those operations from the Alabama Surface Mining Commission under Subchapters 880-X-8D through 880-X-8M.
(2) With the prior written approval of the Alabama Surface Mining Commission, no permit to conduct surface coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the Alabama Surface Mining Commission. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:
(a) The name of the testing firm and the locations at which the coal will be tested.
(b) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:
1. The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;
2. The amount of coal necessary for the test and why a lesser amount is not sufficient; and
3. A description of the specific tests that will be conducted.
(c) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve.
(d) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8C - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 880-X-8C-.10 - Public Availability Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided in Paragraph (2) of this Rule, all information submitted to the State Regulatory Authority under this Rule shall be made available for public inspection at the local offices of the State Regulatory Authority closest to the exploration area.
(2) The State Regulatory Authority shall not make information available for public inspection if the person submitting it requests in writing at the time of submission, that it not be disclosed, the information is clearly marked as "CONFIDENTIAL," and the information concerns trade secrets or is privileged commercial or financial information relative to the competitive rights of the person intending to conduct coal exploration.
(3) Information requested to be held as confidential under this Section shall not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 81, 82, 87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8D - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SURFACE MINING PERMIT APPLICATIONS-REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8D-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the requirements for the legal, financial, compliance, and general information that must be contained in permit applications for surface mining activities.
Author:
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-8D - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SURFACE MINING PERMIT APPLICATIONS-REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 880-X-8D-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to ensure that all relevant information on the ownership and control of persons who conduct surface mining activities, the ownership and control of the property to be affected by the operations, the compliance status and history of those persons, and other important information is provided in the application to the State Regulatory Authority.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.