reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2713 - Fish and Wildlife Plan

Current through June 25, 2024
(a) Resource
					 Information. Each application shall include fish and wildlife resource
					 information for the permit area and adjacent area.
(1) The scope and level of detail for such
					 information shall be determined by the Department 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 under §
					 2713(b).
(2) 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:
(A) 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;
(B) 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 reproduction and wintering areas; or
(C) other species or habitats identified
					 through agency consultation as requiring special protection under state or
					 federal law.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2717 - Reclamation Plan: Protection of Hydrologic Balance

Current through June 25, 2024
The application shall include a plan, with maps and
						descriptions, indicating how the relevant requirements of Rule 53, including
						§§ 5313-5343, will be met. The plan shall be specific to the local
						hydrologic conditions. It shall contain the steps to be taken during mining and
						reclamation through bond release to minimize disturbances to the hydrologic
						balance within the permit and adjacent areas; to prevent material damage
						outside the permit area; to meet applicable federal and state water quality
						laws and regulations; and to protect the rights of present water users. The
						plan shall include the measures to be taken to: avoid acid or toxic drainage;
						prevent, to the extent possible using the best technology currently available,
						additional contributions of suspended solids to streamflow; provide
						water-treatment facilities when needed; control drainage; restore approximate
						premining recharge capacity; and protect or replace rights of present water
						users. The plan shall specifically address any potential adverse hydrologic
						consequences identified in the PHC determination prepared under § 2523 and
						shall include preventive and remedial measures.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2719 - Groundwater Monitoring Plan

Current through June 25, 2024
(a) The application
					 shall include a ground-water monitoring plan based upon the PHC determination
					 required under § 2523 and the analysis of all baseline hydrologic,
					 geologic and other information in the permit application. The plan shall
					 provide for the monitoring of parameters that relate to the suitability of the
					 ground water for current and approved postmining land uses and to the
					 objectives for protection of the hydrologic balance set forth in § 2717.
					 It shall identify the quantity and quality parameters to be monitored, sampling
					 frequency and site locations. It shall describe how the data may be used to
					 determine the impacts of the operation upon the hydrologic balance. At a
					 minimum, total dissolved solids or specific conductance corrected to 25° C,
					 pH, total iron, total manganese and water levels shall be monitored and data
					 submitted to the Department at least every three months for each monitoring
					 location. The Department may require additional monitoring.
(b) If an applicant can demonstrate by the
					 use of the PHC determination and other available information that a particular
					 water-bearing stratum in the proposed permit and adjacent areas is not one
					 which serves as an aquifer which significantly ensures the hydrologic balance
					 within the cumulative impact area, then monitoring of that stratum may be
					 waived by the Permit Board.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2721 - Surface-Water Monitoring Plan

Current through June 25, 2024
(a) The application
					 shall include a surface-water monitoring plan based upon the PHC determination
					 required under § 2523 and the analysis of all baseline hydrologic,
					 geologic, and other information in the permit application. The plan shall
					 provide for the monitoring of parameters that relate to the suitability of the
					 surface water for current and approved postmine land uses and to the objectives
					 for protection of the hydrologic balance as set forth in § 2717, as well
					 as the effluent limitations found at 40 CFR Part 434.
(b) The plan shall identify the surface-water
					 quantity and quality parameters to be monitored, sampling frequency and site
					 locations. It shall describe how the data may be used to determine the impacts
					 of the operation upon the hydrologic balance.
(1) At all monitoring locations in the
					 surface-water bodies such as streams, lakes and impoundments that are
					 potentially impacted or into which water will be discharged and at upstream
					 monitoring locations, the total dissolved solids or specific conductance
					 corrected to 25° C, total suspended solids, pH, total iron, total manganese
					 and flow shall be monitored.
(2)
					 For point-source discharges, monitoring shall be conducted in accordance with
					 40 CFR Parts 122, 123 and 434 and as required by the National Pollutant
					 Discharge Elimination System permitting authority Department's Office of
					 Pollution Control.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2723 - Reclamation Plan: Post-Mining Land Uses

Current through June 25, 2024
(a) Each plan
					 shall contain a detailed 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:
(1) 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;
(2)
					 where a land use different from the pre-mining land use is proposed, all
					 materials needed for approval of the alternative use under §
					 53109;
(3) the consideration which
					 has been given to making all of the proposed surface mining activities
					 consistent with surface owner plans and applicable state and local land use
					 plans and programs.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2725 - Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams and Embankments

Current through June 25, 2024
(a) General. Each
					 application shall include a general plan and a detailed design plan for each
					 proposed siltation structure, water impoundment, and coal processing waste
					 bank, dam or embankment within the proposed permit area.
(1) Each general plan shall:
(A) be prepared by, or under the direction
					 of, and certified by a qualified registered professional engineer, and a
					 registered professional geologist with assistance from experts in related
					 fields such as land surveying and landscape architecture;
(B) contain a description, map and
					 cross-section of the structure and its location;
(C) contain preliminary hydrologic and
					 geologic information prepared by, or under the direction of a qualified
					 Registered Professional Geologist as required to assess the hydrologic impact
					 of the structure;
(D) 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
(E) 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 Department. The detailed design plan for a structure must be approved by
					 the Department before construction of the structure begins.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2727 - Reclamation Plan: Surface Mining Near Underground Mining

Current through June 25, 2024
For surface mining activities within the proposed permit
						area to be conducted within 500 feet of an underground mine, the application
						shall describe the measures to be used to comply with §
						5367.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2729 - Diversions

Current through June 25, 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
						§ 5317.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2731 - Protection of Public Parks and Historic Places

Current through June 25, 2024
(a) 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:
(1) to prevent adverse impacts, or
(2) if valid existing rights exist or joint
					 agency approval is to be obtained under § 3114(d), to minimize adverse
					 impacts.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2733 - Relocation or Use of Public Roads

Current through June 25, 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 § 1107(d), the
						applicant seeks to have the Permit Board approve conduction of the proposed
						surface mining activities within 100 feet of the right-of-way line of any
						public road, except where mine access or haul roads join that right-of-way, or
						seeks approval for relocating a public road.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2735 - Disposal of Excess Spoil

Current through June 25, 2024
(a) Each
					 application shall contain descriptions, including appropriate maps and
					 cross-sections, of the proposed disposal site and design of the spoil disposal
					 structures according to §§ 5359-5365. These plans shall describe the
					 geotechnical investigation, design, construction, operation, maintenance and
					 removal, if appropriate, of the site and structures.
(b) Each application shall contain the
					 results of a geotechnical investigation of the proposed disposal site,
					 including the following:
(1) the character of
					 bedrock and any adverse geologic conditions in the disposal area;
(2) a survey identifying all springs,
					 seepage, and ground-water flow observed or anticipated during wet periods in
					 the area of the disposal site;
(3)
					 a survey of the potential effects of subsidence of the subsurface strata due to
					 past and future mining operations;
(4) a technical description of the rock
					 materials to be utilized in the construction of those disposal structures
					 containing rock chimney cores or underlain by a rock drainage blanket;
					 and
(5) a stability analysis
					 including, but not limited to, strength parameters, pore parameters, pore
					 pressures and long-term seepage conditions. These data shall be accompanied by
					 a description of all engineering design assumptions and calculations and the
					 alternatives considered in selecting the specific design specifications and
					 methods.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2737 - Road Systems

Current through June 25, 2024
(a) Plans and
					 Drawings. Each applicant for a surface coal mining and reclamation permit shall
					 submit plans and drawings for each road, as defined in § 105, to be
					 constructed, used or maintained within the proposed permit area in accordance
					 with §§ 5313-5343, § 53111 and § 53113. The plans and
					 drawings shall:
(1) 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;
(2) 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 Permit Board in
					 accordance with §§ 5313-5345, § 53111, and §
					 53113;
(3) 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
					 Permit Board in accordance with §§ 5313-5343 and §
					 53113;
(4) contain a description of
					 measures to be taken to obtain approval of the Permit Board for alteration or
					 relocation of a natural stream channel under § 5317 and §
					 53113;
(5) contain the drawings and
					 specifications for each low-water crossing of perennial or intermittent stream
					 channels so that the Permit Board can maximize the protection of the stream in
					 accordance with §§ 5313-5343; and
(6) 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.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2739 - Support Facilities

Current through June 25, 2024
Each applicant for a surface 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 §
						53117 for each facility.
Miss. Code Ann.
						§§
												53-9-11,
						53-9-25,
						53-9-29,
						53-9-47,
						53-9-85
						and
						53-9-1, et
						seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-29 - Requirements for Permits for Special Categories of Mining › Section 11-8-2.3-29-2901 - Experimental Practices Mining

Current through June 25, 2024
(a) Experimental
					 practices provide a variance from environmental protection performance
					 standards of the act, Subchapter 2.5, and the regulatory program for
					 experimental or research purposes, or to allow an alternative postmining land
					 use, and may be undertaken if they are approved by the Commission and the
					 director of the Office of Surface Mining and if they are incorporated in a
					 permit or permit modification issued by the Permit Board in accordance with the
					 requirements of Subchapter 2.3.
(b)
					 An application for an experimental practice shall contain descriptions, maps,
					 plans and data which show:
(1) the nature of
					 the experimental practice, including a description of the performance standards
					 for which variances are requested, the duration of the experimental practice,
					 and any special monitoring which will be conducted;
(2) how use of the experimental practice
					 encourages advances in mining and reclamation technology or allows a postmining
					 land use for industrial, commercial, residential or public use (including
					 recreation facilities) on an experimental basis;
(3) that the experimental practice:
(A) is at least as environmentally protective
					 during and after mining operations as those required by these
					 regulations;
(B) the mining
					 operations approved for particular land-use or other purposes are not larger or
					 more numerous than necessary to determine the effectiveness and economic
					 feasibility of the experimental practices;
(C) do not reduce the protection afforded
					 public health and safety below that provided by these regulations.
(4) that the applicant will
					 conduct monitoring of the effects of the experimental practice. The monitoring
					 program shall ensure the collection, analysis and reporting of reliable data
					 that are sufficient to enable the Department and the director of the Office of
					 Surface Mining to:
(A) evaluate the
					 effectiveness of the experimental practice; and
(B) identify, at the earliest possible time,
					 potential risk to the environment and public health and safety which may be
					 caused by the experimental practice during and after mining.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-29 - Requirements for Permits for Special Categories of Mining › Section 11-8-2.3-29-2902 - Lands Eligible for Remining

Current through June 25, 2024
(a) This section
					 contains permitting requirements to implement § 3130. Any person who
					 submits a permit application to conduct a surface coal mining operation on
					 lands eligible for remining must comply with this section.
(b) Any application for a permit under this
					 section shall be made according to all requirements of these regulations
					 applicable to surface coal mining and reclamation operations. In addition, the
					 application shall:
(1) To the extent not
					 otherwise addressed in the permit application, identify potential environmental
					 and safety problems related to prior mining activity at the site and that could
					 be reasonably anticipated to occur. This identification shall be based on a due
					 diligence investigation which shall include visual observations at the site, a
					 record review of past mining at the site, and environmental sampling tailored
					 to current site conditions.
(2)
					 With regard to potential environmental and safety problems referred to in
					 paragraph (b)(1) of this section, describe the mitigative measures that will be
					 taken to ensure that the applicable reclamation requirements of this regulatory
					 program can be met.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-29 - Requirements for Permits for Special Categories of Mining › Section 11-8-2.3-29-2903 - Steep Slope Mining

Current through June 25, 2024
(a) This Section
					 applies to any person who conducts or intends to conduct steep slope surface
					 coal mining and reclamation operations, except:
(1) 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; or
(2) to the extent that a person obtains a
					 permit incorporating alternative requirements under § 2905.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-29 - Requirements for Permits for Special Categories of Mining › Section 11-8-2.3-29-2905 - Permits Incorporating Alternatives from Approximate Original Contour Restoration Requirements for Steep Slope Mining

Current through June 25, 2024
(a)
					 This Section applies to steep slope surface coal mining and reclamation
					 operations under a regulatory program where the operation is not to be
					 reclaimed to achieve the approximate original contour required by §§
					 5389-5395 and § 5703.
(b) The
					 objective of this Section is to allow for an alternative to approximate
					 original contour restoration pursuant to §
											53-9-45(4)
					 requirements on steep slopes for surface coal mining and reclamation operations
					 to:
(1) improve watershed control of lands
					 within the permit area and on adjacent lands; and
(2) make land within the permit area, after
					 reclamation, suitable for an industrial, commercial, residential or public use,
					 including recreational facilities.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-29 - Requirements for Permits for Special Categories of Mining › Section 11-8-2.3-29-2909 - Coal Processing Plants or Support Facilities Not Located Within the Permit Area of a Specified Mine

Current through June 25, 2024
(a) This Section
					 applies to any person who operates or intends to operate a coal preparation
					 plant in connection with a coal mine but outside the permit area for a specific
					 mine. Any person who operates such a preparation plant shall obtain a permit
					 from the Permit Board in accordance with the requirements of this
					 Section.
(b) Any application for a
					 permit for operations covered by this Section shall contain in the mining and
					 reclamation plan specific plans, including descriptions, maps and
					 cross-sections, of the construction, operation, maintenance and removal of the
					 processing plants and associated support facilities. The plan shall demonstrate
					 that those operations will be conducted in compliance with Rule 59.
(c) No permit shall be issued for any
					 operation covered by this Section, unless the Permit Board finds, in writing,
					 that, in addition to meeting all other applicable requirements of this
					 Subchapter, the operations will be conducted in compliance with the
					 requirements of Rule 59.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-29 - Requirements for Permits for Special Categories of Mining › Section 11-8-2.3-29-2911 - In Situ Processing Activities

Current through June 25, 2024
(a) This Section
					 applies to any person who conducts or intends to conduct surface coal mining
					 and reclamation operations utilizing in situ processing activities.
(b) An application for a permit for
					 operations covered by this Section shall be made according to all requirements
					 of 30 CFR Subchapter G applicable to underground mining activities, which are,
					 for the specific and limited purposes of this Section, hereby adopted and made
					 a part hereof. In addition, the mining and reclamation operations plan for
					 operations involving in situ processing activities shall contain information
					 establishing how those operations will be conducted in compliance with the
					 requirements of Rule 61, including:
(1)
					 delineation of proposed holes and wells and production zone for approval of the
					 Permit Board;
(2) specification of
					 drill holes and casings proposed to be used;
(3) a plan for treatment, confinement or
					 disposal of all acid-forming, toxic-forming, or radioactive gases, solids or
					 liquids constituting a fire, health, safety or environmental hazard caused by
					 the mining and recovery process; and
(4) plans for monitoring surface water and
					 ground water and air quality, as required by the Permit Board.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3101 - Responsibilities

Current through June 25, 2024
(a) The Permit Board has the responsibility
					 to approve or disapprove permits. The Department has the responsibility to
					 review permit applications and to recommend to the Permit Board whether each
					 application is complete and accurate and fulfills the requirements of the act
					 and these regulations.
(b) The
					 Department and the Permit Board and persons applying for permits under
					 regulatory programs shall involve the public throughout the permit process of
					 regulatory programs.
(c) The
					 Commission shall assure implementation and enforcement of the requirements of
					 this Rule.
(d) The applicant shall
					 provide all information in a complete permit application for review by the
					 Department and action by the Permit Board in accordance with this
					 Rule.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3102 - Permit Eligibility Determination

Current through June 25, 2024
Based on the reviews required under this chapter, the
						Department will determine whether the applicant is eligible for a permit under
						these regulations.
(a) Except as
					 provided for in § 3130 and § 3113, the applicant is not eligible for
					 a permit if the Department finds that any surface coal mining operation that:
1. The applicant directly owns or controls
					 has an unabated or uncorrected violation;
2. The applicant or its operator indirectly
					 own or control, regardless of when the ownership or control began, has an
					 unabated or uncorrected violation cited after November 2, 1988; or
3. The applicant or its operator indirectly
					 own or control has an unabated or uncorrected violation, regardless of the date
					 the violation was cited, and the applicant's ownership or control was
					 established after November 2, 1988.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3104 - Revisions of Permits

Current through June 25, 2024
An application for a revision of a permit shall not be
						approved unless the executive director finds that reclamation as required by
						the act and these regulations can be accomplished under the revised reclamation
						plan. The revision shall be granted or denied by the executive director. A
						decision by the executive director to grant or deny a revision of a permit
						shall be subject to formal hearing and appeal as would an initial decision of
						the Permit Board under §
											49-17-29.
						A revision shall not be considered a modification.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3105 - Opportunity for Submission of Written Comments on Permit Applications

Current through June 25, 2024
(a) Written comments or objections on the
					 permit, modification of a permit, or renewal of a permit applications may be
					 submitted to the Permit Board by the public entities to whom notification is
					 provided under §
											53-9-37
					 and § 3103(b) and (c). with respect to the effects of the proposed mining
					 operations on the environment within their area of responsibility.
(b) These comments shall be submitted to the
					 Permit Board in written form within 30 days of notice.
(c) The Permit Board shall immediately
					 transmit a copy of all such comments for filing and public inspection at the
					 chancery clerk's office where the applicant filed a copy of the application for
					 permit under §
											53-9-27
					 of the Act and § 3103(d). A copy shall also be transmitted to the
					 applicant.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3107 - Right to File Written Objections

Current through June 25, 2024
(a) Any interested
					 party or an officer or head of any federal, state, or local government agency
					 or authority shall have the right to file written comments or objections to an
					 initial or revised application for a permit, modification of a permit, or
					 renewal of a permit with the Permit Board, within 30 days after the last
					 publication of the newspaper notice required by §
											53-9-37(1)
					 and § 3103(a).
(b) The Permit
					 Board shall, immediately upon receipt of any written objections:
(1) transmit a copy of them to the
					 applicant;
(2) file a copy for
					 public inspection at the clerk of the chancery court where the applicant filed
					 a copy of the application for permit under §
												53-9-27
					 and § 3103(d).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3109 - Public Hearings

Current through June 25, 2024
(a) Procedure for
					 Requests. Any interested party, or the officer or head of any federal, state or
					 local government agency or authority may, in writing, request that the Permit
					 Board hold a public hearing on any application for a permit, modification to a
					 permit, or renewal of a permit. The request shall:
(1) briefly summarize the issues to be raised
					 by the requestor at the hearing;
(2) be filed with the Permit Board not later
					 than 45 days after the last publication of the newspaper advertisement placed
					 by the applicant under §
												53-9-37(1)
					 and § 3103(a).
(3) The Permit
					 Board shall conduct a public hearing prior to issuing a permit allowing a new
					 surface coal mining and reclamation operation. The Permit Board may conduct a
					 public hearing prior to issuing a permit modification or reissuing an existing
					 permit, but shall hold a public hearing if requested under §
												53-9-37(2)(b).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3111 - Public Availability of Information in Permit Applications on File with the Office

Current through June 25, 2024
(a) General
					 Availability. Except as provided in §
											53-9-43
					 and §§ 3111(b), all applications for permits, modifications of a
					 permit, revisions, renewal of a permit, and transfers, assignments or sales of
					 permit rights, information pertaining to coal seams, test borings, core
					 sampling or soil samples in an application on file with the Permit Board shall
					 be available, at reasonable times, for public inspection and copying.
(b)
(1)
					 Information submitted to the Department, Commission or Permit Board in an
					 application and concerning trade secrets or privileged commercial or financial
					 information relating to the competitive rights of an applicant and which is
					 specifically identified as confidential, shall not be available for public
					 examination and shall not be considered as a public record if:
(A) The applicant submits a written
					 confidentiality claim to the Commission before the submission of the
					 information; and
(B) The Commission
					 determines the confidentiality claim to be valid in accordance with §
					 3111(b)(2).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3112 - Review of Permit Applications

Current through June 25, 2024
(a) Process
(1) The applicant for a permit or
					 modification of a permit shall have the burden of establishing that his
					 application is in compliance with all the requirements of these
					 regulations.
(2) The Permit Board
					 shall review the complete application for a permit, modification, or renewal;
					 written comments and written objections submitted; and records of any public
					 hearing held under §
												53-9-37
					 and §§ 3105-3109 of these regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3113 - Eligibility for Provisionally Issued Permits

Current through June 25, 2024
(a)
					 This section applies to any applicant who owns or controls a surface coal
					 mining and reclamation operation with:
(1) A
					 notice of violation issued under § 6503 for which the abatement period has
					 not yet expired; or
(2) A violation
					 that is unabated or uncorrected beyond the abatement or correction
					 period.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3114 - Valid Existing Rights Review at Time of Permit Application Review

Current through June 25, 2024
(a) Upon receipt of an administratively
					 complete application for a permit for a surface coal mining operation, or an
					 administratively complete application for revision or modification of the
					 boundaries of a surface coal mining operation permit, the Department or Permit
					 Board must review the application to determine whether the proposed surface
					 coal mining operation would be located on any lands protected under 30 CFR
					 § 761.11,
					 30 U.S.C.
					 1272(e), Miss. Code Ann.
					 §
											53-9-71,
					 or § 1105 of these regulations.
(b) The Permit Board must reject any portion
					 of the application that would locate surface coal mining operations on land
					 protected under 30 CFR § 761.11,
					 30 U.S.C.
					 1272(e), Miss. Code Ann.
					 §
											53-9-71,
					 or § 1105 of these regulations unless:
(1) The site qualifies for the exception for
					 existing operations under § 1105(h);
(2) A person has valid existing rights for
					 the land, as determined under § 1106;
(3) The applicant obtains a waiver or
					 exception from the prohibitions of § 1105 in accordance with 30 CFR §
					 761.13 or § 1107(d) or § 1107(e) of these regulations; or
(4) For lands protected by § 1105(c),
					 both the Permit Board and the agency with jurisdiction over the park or place
					 jointly approve the proposed operation in accordance with paragraph (d) of this
					 section.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3115 - Criteria for Permit Approval or Denial

Current through June 25, 2024
No permit, modification, or reissuance shall be approved,
						unless the application affirmatively demonstrates and the Permit Board finds,
						in writing, on the basis of information set forth in the application, or from
						information otherwise available, which is documented in the approval and made
						available to the applicant, that:
(a)
					 the permit application is accurate and complete and that all requirements of
					 the act and these regulations have been complied with;
(b) the applicant has demonstrated that
					 surface coal mining and reclamation operations, as required by the act and
					 these regulations, can be accomplished under the mining and reclamation
					 operations plan contained in the application;
(c) the assessment of the probable cumulative
					 impacts of all anticipated coal mining in the cumulative impact area on the
					 hydrologic balance, as described in §
											53-9-25
					 and § 2525, has been made by the Department and the operations proposed
					 under the application have been designed to prevent damage to the hydrologic
					 balance outside the proposed permit area;
(d) the proposed permit area is:
(1) not included within an area designated
					 unsuitable for surface coal mining operations under §
												53-9-71,
					 Chapter 11, Chapter 13, or Chapter 15; or
(2) Not within an area that is the subject of
					 a petition to designate lands unsuitable for mining, unless the applicant
					 demonstrates that, before January 4, 1977, he or she made substantial legal and
					 financial commitments in relation to the operation for which he or she is
					 applying for a permit; or that is the subject of such a petition but for which
					 consideration has been deferred by the Commission pursuant to §
					 1507(a)(7); or
(3) not on any lands
					 subject to the prohibitions or limitations of § 1105(a),(b),(f) or (g);
					 or
(4) not within 100 feet of the
					 outside right-of-way line of any public road, except as provided for in §
					 1107(d); or
(5) not within 300 feet
					 from any occupied dwelling, except as provided for in the act and §
					 1107(e);
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3117 - Criteria for Permit Approval or Denial: Existing Structures

Current through June 25, 2024
No permit, modification, or renewal of a permit shall be
						issued unless the applicant has demonstrated that any existing structure will
						comply with § 303(c)(1) and the applicable performance standards of
						Subchapter 2.5.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3119 - Permit Approval or Denial Actions

Current through June 25, 2024
(a) The Permit
					 Board pursuant to the act and these regulations, shall approve, modify, reissue
					 or deny all applications for permits under the Act and these regulations on the
					 basis of:
(1) complete applications for
					 permits, modifications or reissuance and revisions thereof;
(2) public participation as provided for in
					 the act and this Subchapter;
(3)
					 compliance with any applicable provisions of the act and Rule 29;
(4) processing and review of applications as
					 required by the act and this Rule .