Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.1 - Applicability and Exemptions

Current through June 25, 2024
A. Any person
				  engaging in surface mining or surface mining operations in the State of
				  Mississippi shall be required to conform to and comply with all applicable
				  provisions of the Act and these Regulations.
B. Except as expressly provided, the Act and
				  these Regulations shall not apply to:
(1)
				  Excavations made by the owner of land for the owner's use and not for
				  commercial purposes, where the materials removed do not exceed one thousand
				  (1,000) cubic yards per year and where one (1) acre or less of land is
				  affected.
(2) Excavations made by a
				  public agency on a one-time basis for emergency use at an emergency site if:
(a) the excavation lies in the vicinity of
				  the emergency site and affects less than one-fourth (1/4) acre of mined surface
				  area;
(b) the landowner has signed
				  a statement giving approval for the removal of the materials; and
(c) the public agency notifies the Department
				  as required by the Commission within two (2) working days of the removal of the
				  materials.
(3)
				  Operations for any materials on any affected area conducted before April 15,
				  1978, unless it has been reclaimed, including natural vegetation. These
				  Regulations shall apply to any additional land which the operation extended to
				  or encompassed after April 15, 1978.
(4) Operations for any materials that affect
				  four (4) acres or less and are greater than one thousand three hundred and
				  twenty (1320) feet from any other affected area if:
(a) the operation began before July 1, 2002;
				  and
(b) the operator notified the
				  Department of the commencement, expansion or resumption of the operation before
				  July 1, 2002.
(5)
				  Operations for any materials that affect four (4) acres or less, are greater
				  than one thousand three hundred and twenty (1320) feet from any other affected
				  area, and commenced after July 1, 2002, if the operator notifies the Department
				  at least seven (7) calendar days before commencement or expansion of the
				  operation. The seven day notice prior to mining requirement shall be waived and
				  the operator may begin mining immediately after notifying the Department if:
(a) The operator agrees, in the notification,
				  to reclaim the mine site in accordance with the minimum standards adopted by
				  the Commission; or
(b) The exempted
				  operation is conducted for Mississippi Department of Transportation (MDOT)
				  projects or state aid road construction projects funded in whole or in part by
				  public funds.
(6)
				  Excavations made by the owner of land where the materials removed are
				  transported to another location on that same land without using any public
				  highway, road or street, and where the distance between the excavation and the
				  location where the materials are deposited does not exceed five (5) miles;
				  provided, that the owner of such land has the legal right to the
				  materials.