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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-519 - Appeals Procedure

Current through June 25, 2024
Employees have the right to appeal an order for remedial
						action under § 517 and shall have 30 days to exercise this right before
						disciplinary action is initiated.
(a)
					 Employees other than the Executive Director of the Department or a member of
					 the Commission on Environmental Quality may file their appeal, in writing,
					 through procedures established by the Department.
(b) The Executive Director or a member of the
					 Commission on Environmental Quality may file his or her appeal of a federal
					 remedial action, in writing, with the Director who will refer it to the
					 Conflict of Interest Appeals Board within the United States Department of the
					 Interior or may file his or her appeal of a remedial action taken by the
					 Governor under procedures established by the Office of the Governor or the
					 Mississippi State Personnel 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 2.1 - General Information › Rule 11-8-2.1-7 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 11-8-2.1-7-701 - Responsibility

Current through June 25, 2024
(a) The Department is responsible for
					 enforcing the requirements of this Rule.
(b) Any person conducting coal extraction as
					 an incidental part of government-financed construction is responsible for
					 possessing, on the site of the extraction operation, the documentation required
					 by § 705.
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 2.1 - General Information › Rule 11-8-2.1-7 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 11-8-2.1-7-703 - Applicability

Current through June 25, 2024
(a) Coal extraction which is an incidental
					 part of government-financed construction is exempt from the act and these
					 regulations. This exclusion shall in no way lessen the requirement of any
					 facility, owner, or operator to comply with other federal or Mississippi laws
					 applicable to the facility, owner, operator, or activity
(b) Any person who conducts or intends to
					 conduct coal extraction which does not satisfy § 703(a) shall not proceed
					 until a permit has been obtained from the Department.
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 2.1 - General Information › Rule 11-8-2.1-7 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 11-8-2.1-7-705 - Information to be Maintained on Site

Current through June 25, 2024
Any person extracting coal incident to
						government-financed highway or other construction who extracts more than 250
						tons of coal or affects more than two acres shall maintain, on the site of the
						extraction operation and available for inspection, documents which show:
(a) a description of the construction
					 project;
(b) the exact location of
					 the construction, right-of-way or the boundaries of the area which will be
					 directly affected by the construction; and
(c) the government agency which is providing
					 the financing and the kind and amount of public financing, including the
					 percentage of the entire construction costs represented by the government
					 financing.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-9 - General › Section 11-8-2.2-9-901 - Authority

Current through June 25, 2024
(a) The Commission is authorized, under
					 §
											53-9-71
					 of the Act, to establish a planning process enabling objective decisions based
					 upon competent and scientifically sound data and information as to which, if
					 any, land areas of the state are unsuitable for all or certain types of surface
					 coal mining operations under the standards set forth in §
											53-9-71(1)(b)
					 and (c) and these regulations.
(b) The completion of any planning process
					 undertaken under this Rule of the regulations shall not be deemed a
					 prerequisite to the Permit Board's issuance of surface coal mining permits or
					 surface coal exploration permits. Rather, the planning process shall proceed
					 supplementally to any individual permitting process.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-9 - General › Section 11-8-2.2-9-903 - Responsibility

Current through June 25, 2024
(a) The Commission shall establish a process
					 that includes a data base and inventory system for designating lands unsuitable
					 for surface coal mining operations which shall be available to the
					 public.
(b) The Commission shall
					 integrate as closely as possible decisions to designate lands as unsuitable for
					 surface coal mining operations with present and future land-use planning and
					 regulatory processes at the federal, state and local levels.
(c) The Commission shall establish a process
					 that allows any person, having an interest which is or may be adversely
					 affected, to petition to have an area designated as unsuitable for all or
					 certain types of surface coal mining operations or to have a designation
					 terminated.
(d) The Commission
					 shall prohibit or limit surface coal mining operations on certain lands and in
					 certain locations designated by Congress in SMCRA § 522(e),
					 30 U.S.C.
					 1272(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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-11 - Areas Designated by Act of Congress › Section 11-8-2.2-11-1101 - Authority

Current through June 25, 2024
The Commission is authorized by §
											53-9-71(4)
						of the Act to prohibit or limit surface coal mining operations on or near
						certain private, federal and other public lands, subject to valid
						rights.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-11 - Areas Designated by Act of Congress › Section 11-8-2.2-11-1103 - Responsibility

Current through June 25, 2024
The Permit Board shall comply with Rules 17 to 37 and
						determine whether an application for a permit must be denied because surface
						coal mining operations on those lands are prohibited or limited by §
						522(e) of SMCRA,
						30 U.S.C.
						1272(e), a valid existing
						rights determination made by OSM, §
											53-9-71,
						these regulations, or a designation of the Commission.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-11 - Areas Designated by Act of Congress › Section 11-8-2.2-11-1105 - Areas Where Mining is Prohibited or Limited

Current through June 25, 2024
Subject to valid existing rights as defined in §
						105, no surface coal mining operations shall be conducted on the following
						lands unless you have valid existing rights as determined under § 1106 or
						qualify for the exception for existing operations under paragraph (h) of this
						section:
(a) on any lands within the
					 boundaries of the National Park System, the National Wildlife Refuge System,
					 the National System of Trails, the National Wilderness Preservation System, the
					 Wild and Scenic Rivers System, including study rivers designated under §
					 5(a) of the Wild and Scenic Rivers Act,
					 16
					 U.S.C. 1276(a), or study
					 rivers or study river corridors as established in any guidelines pursuant to
					 that Act, and National Recreation Areas designated by Act of
					 Congress;
(b) on any federal lands
					 within the boundaries of any national forest unless the United States Secretary
					 of Agriculture or his or her designee finds that there are no significant
					 recreational, timber, economic or other values which may be incompatible with
					 surface coal mining operations or the surface operations and impacts incident
					 to an underground coal mine;
(c) on
					 any lands which will adversely affect any publicly owned park or any place
					 included on the National Register of Historic Places, unless approved jointly
					 by the Permit Board and the federal, state or local agency with jurisdiction
					 over the park or place;
(d) within
					 100 feet measured horizontally of the outside right-of-way line of any public
					 road, except:
(1) where mine access roads or
					 haulage roads join such right-of-way line;
(2) where the Permit Board and the local
					 governmental entity with authority over the road approves the closure or
					 relocation of the public road; or
(3) the Permit Board expressly approves the
					 area to be affected within 100 feet of such road, after public notice and
					 opportunity for a public hearing in accordance with 1107(d), and after making a
					 written finding that the interests of the affected public and landowners will
					 be protected;
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-13 - Criteria for Designating Lands as Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-13-1301 - Responsibility

Current through June 25, 2024
The Commission 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.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-13 - Criteria for Designating Lands as Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-13-1303 - Criteria for Designating Lands as Unsuitable

Current through June 25, 2024
(a)
					 Upon petition pursuant to §
											53-9-71(2)
					 an area shall be designated as unsuitable for all or certain types of surface
					 coal mining operations, if the Commission determines that reclamation is not
					 technologically and economically feasible under the Act or these
					 regulations.
(b) 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:
(1) be incompatible with existing state or
					 local land use plans or programs;
(2) 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;
(3) 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;
(4) 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.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-13 - Criteria for Designating Lands as Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-13-1305 - Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations

Current through June 25, 2024
The requirements of this Rule do not apply to lands
						covered by a permit issued under the Act.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-13 - Criteria for Designating Lands as Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-13-1307 - Exploration or Development on Land Designated as Unsuitable for Surface Coal Mining Operations

Current through June 25, 2024
Designation of any area as unsuitable for all or certain
						types of surface coal mining operations pursuant to §
											53-9-71
						and regulations of this Subchapter does not prohibit coal exploration
						operations in the area, if conducted in accordance with that section, these
						regulations and other applicable requirements. Exploration on any lands
						designated unsuitable for surface coal mining operations must be approved by
						the Permit Board under Rule 21, to insure that exploration does not interfere
						with any value for which the area has been designated unsuitable for surface
						coal 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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-15-1505 - Procedures: Hearing Requirements

Current through June 25, 2024
(a) Within 6 months
					 after receipt of a complete petition, the Commission shall hold a public
					 hearing in the locality of the area covered by the petition. The Commission
					 shall make a transcript of the hearing.
(b)
(1) The
					 Commission shall give notice of the date, time and location of the hearing to:
(A) local, state and federal agencies which
					 may have an interest in the decision on the petition;
(B) the petitioner; and
(C) any person known by the Commission to
					 have a property interest in the petitioned area.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-15-1507 - Procedures: Decision

Current through June 25, 2024
(a) In reaching its
					 decision, the Commission shall use:
(1) the
					 information contained in the data base and inventory system;
(2) information provided by other
					 governmental agencies;
(3) the
					 detailed statement prepared under § 1509(e); and
(4) any other relevant information submitted
					 during the comment 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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-15-1509 - Data Base and Inventory System Requirements

Current through June 25, 2024
(a) The
					 State Geologist shall be responsible for surface coal mining land review and
					 shall assist the Commission in developing a data base and inventory system
					 which will permit evaluation of whether reclamation is feasible in areas
					 covered by petitions.
(b) The
					 Commission shall include in the system information relevant to the criteria in
					 § 1303 including, but not limited to, information received from the U.S.
					 Fish and Wildlife Service, the state historic preservation officer and the
					 agency administering § 127 of the Clean Air Act, as amended (
					 42 U.S.C.
					 7470 et seq.).
(c) The Commission shall add to the data base
					 and inventory system information:
(1) on
					 potential coal resources of the state, demand for those resources, the
					 environment, the economy and the supply of coal sufficient to enable the
					 Commission to prepare the statements required by § 1509(e); and
(2) that becomes available from petitions,
					 publications, experiments, permit applications, mining and reclamation
					 operations and other sources.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-15-1511 - Public Information

Current through June 25, 2024
The Department shall:
(a) make the information in the data base and
					 inventory system developed under § 1513 available to the public for
					 inspection free of charge and for copying at reasonable cost, except that
					 specific information relating to location of properties proposed to be
					 nominated to, or listed in, the National Register of Historic Places need not
					 be disclosed if the Commission 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 request, 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.
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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 11-8-2.2-15-1513 - Responsibility for Implementation

Current through June 25, 2024
(a) The Permit
					 Board shall not issue permits which are inconsistent with designations made
					 pursuant to Rules 9, 11, 13 or 15.
(b) The Department shall maintain a map of
					 areas designated as unsuitable for all or certain types of surface coal mining
					 operations.
(c) The Department
					 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 except for proprietary information on the chemical and
					 physical properties of the coal.
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 11-8-2.3-17 - General Requirements for Permit or Exploration Procedure Systems › Section 11-8-2.3-17-1701 - Responsibilities

Current through June 25, 2024
(a) 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 Subchapter. Persons seeking
					 to conduct coal exploration operations must first file the notice of intention
					 or obtain approval of the Permit Board as required under Rule 21.
(b) The Permit Board shall review each
					 application for exploration approval and for a permit, approve or disapprove
					 each permit application or exploration application, and issue, deny, modify,
					 suspend or revoke exploration approval, permits, renewals or revised
					 permits.
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 11-8-2.3-17 - General Requirements for Permit or Exploration Procedure Systems › Section 11-8-2.3-17-1703 - Applicability

Current through June 25, 2024
This Subchapter 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 under these
						regulations and to persons who seek to conduct coal exploration operations
						under 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 11-8-2.3-17 - General Requirements for Permit or Exploration Procedure Systems › Section 11-8-2.3-17-1705 - Coordination with Requirements Under Other Laws

Current through June 25, 2024
The Department shall provide for the coordination of
						review of permit applications for surface coal mining and reclamation
						operations. These shall include but not be limited to applicable requirements
						of the Endangered Species Act of 1973, as amended (
						16
						U.S.C. 1531 et seq.); the Fish and Wildlife
						Coordination Act, as amended (
						16
						U.S.C. 661 et seq.); the Migratory Bird
						Treaty Act of 1918, as amended (
						16 U.S.C.
						703 et seq.); the National Historic
						Preservation Act of 1966, as amended (
						16 U.S.C.
						470 et seq.); the Bald Eagle Protection Act,
						as amended (
						16 U.S.C.
						668 a ); and Executive Order 11593 to the
						extent that each of these acts or orders is applicable to the activities of the
						Department, Commission, or Permit Board in executing the authority and duty
						granted to those entities by the Act.
Miss. Code Ann.
						§§
												53-9-41
						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 11-8-2.3-19 - General Requirements for Permits and Permit Applications › Section 11-8-2.3-19-1901 - General Requirements for Permits: Operators

Current through June 25, 2024
No person shall engage in or carry out surface coal
						mining and reclamation operations on non-federal or non-Indian lands within the
						state, unless that person has first obtained a valid permit issued by the
						Permit Board. 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.
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 11-8-2.3-19 - General Requirements for Permits and Permit Applications › Section 11-8-2.3-19-1903 - Compliance with Permits

Current through June 25, 2024
All persons shall conduct surface coal mining and
						reclamation operations under permits issued pursuant to the act and these
						regulations and shall comply with the terms and conditions of the permit and
						the requirements of the act and 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 11-8-2.3-19 - General Requirements for Permits and Permit Applications › Section 11-8-2.3-19-1905 - Permit Application Filing Deadlines

Current through June 25, 2024
(a) Reissuance
					 of Valid Permits. An application for reissuance of a permit shall be filed with
					 the Permit Board at least 180 days before the expiration of the permit
					 involved. If an application for reissuance is timely filed, the operator may
					 continue surface coal mining operations under the existing permit until the
					 Permit Board takes action on the reissuance application.
(b) Revisions of Permits.
(1) During the term of the permit, the
					 permittee may submit an application for a revision of the permit to the State
					 Geologist, who shall make a recommendation to the Executive Director regarding
					 whether the revision should be allowed. An application for a revision shall not
					 be approved unless the Executive Director finds that reclamation can be
					 accomplished under the revised reclamation plan. On receipt of an application
					 for a revision, the State Geologist shall determine whether the application is
					 a request for a revision or for a modification.
(2) If the request is deemed a modification,
					 the application will be processed as a modification to the permit pursuant to
					 the act and these regulations. A revision shall not be considered a
					 modification. The Executive Director is not required to provide public notice
					 or a public hearing prior to granting or denying the request for a revision.
					 The revision shall be granted or denied by the Executive Director within
					 fourteen days of receipt of the request by the State Geologist, unless the
					 State Geologist or Executive Director request additional information from the
					 applicant regarding the request. If a request for additional information is
					 made, the Executive Director shall grant or deny the request within fourteen
					 days of his or her receipt of the additional information.
(3) No request for a revision shall be
					 approved unless:
(A) Applicable requirements
					 under § 3115, which are pertinent to the revision, are met; and
(B) The application for a revision complies
					 with all requirements of the act and the regulatory program.
(4) A decision by the Executive
					 Director to grant or deny a revision shall be subject to formal hearing and
					 appeal as would an initial decision of the Permit Board under §
												53-9-77.
(5) Any extension or addition to the area
					 covered by the permit except incidental boundary revisions must be made by
					 application for a new permit or a permit 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 11-8-2.3-19 - General Requirements for Permits and Permit Applications › Section 11-8-2.3-19-1907 - Permit Applications: General Requirements for Format and Contents

Current through June 25, 2024
(a) Applications for permits to conduct
					 surface coal mining and reclamation operations shall be filed in the format
					 required by the Department. The application shall be complete and include, at a
					 minimum: for surface mining activities, all the applicable information required
					 under §
											53-9-25
					 and Rules 23, 25, and 27; and, for special types of surface coal mining and
					 reclamation operations, all applicable information required under the Act and
					 Rule 29.
(b) Information set forth
					 in the application shall be current, presented clearly and concisely, and
					 supported by appropriate references to technical and other written material
					 available to the Department.
(c)
					 All technical data submitted in the application shall be accompanied by: names
					 of persons or organizations which collected and analyzed such data; dates of
					 the collection and analyses; and 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.
(e)
					 The application shall state the name, address and position of officials of each
					 private or academic research organization or governmental agency consulted by
					 the applicant in preparation of the application for information on land uses,
					 soils geology, vegetation, fish and wildlife quantity and quality, air quality,
					 and archaeological, cultural and historic features.
(f) Maps and plans: General Requirements
(1) Maps submitted with the application shall
					 be presented in a consolidated format, to the extent possible, and shall
					 include all the types of information that are set forth on topographic maps of
					 the United States Geological Survey of the 1:24,000 scale series. Maps of the
					 permit area shall be at a scale of 1:6,000 or larger. Maps of the adjacent
					 areas shall clearly show the lands and waters within those areas and be in a
					 scale determined by the Department, but in no event smaller than
					 1:24,000.
(2) All maps and plans
					 submitted with the application shall distinguish among each of the phases
					 during which surface coal mining operations were or will be conducted at any
					 place during the life of operations.
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 11-8-2.3-19 - General Requirements for Permits and Permit Applications › Section 11-8-2.3-19-1909 - Permit Fees

Current through June 25, 2024
(a) The Commission
					 shall assess and collect a permit fee for reviewing the permit application and
					 administering and enforcing a surface coal mining and reclamation permit. The
					 Commission may set permit fees for the transfer, modification or reissuance of
					 a surface coal mining and reclamation permit. These fees shall be set by order
					 of the Commission in accordance with §
											53-9-28.
(b) The Commission may also establish a
					 permit fee for the issuance, reissuance, transfer or modification of a coal
					 exploration permit and a reasonable fee for a copy of a transcript of a formal
					 hearing held under these regulations. These fees shall be set by order of the
					 Commission in accordance with §
											53-9-28.
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 11-8-2.3-19 - General Requirements for Permits and Permit Applications › Section 11-8-2.3-19-1911 - Verification of Application

Current through June 25, 2024
Applications for permits, revisions of permits, renewals,
						or transfers, sales or assignment of permit rights 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.
Miss. Code Ann.
						§§
												53-9-25,
						53-9-28
						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 11-8-2.3-21 - Coal Exploration and Development › Section 11-8-2.3-21-2101 - Notice Requirements for Exploration Removing 250 Tons of Coal or Less

Current through June 25, 2024
(a) 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 which shall not substantially disturb the natural land
					 surface shall, before conducting the exploration, file with the Department a
					 written notice of intention to explore, except that exploration which will take
					 place on lands designated as unsuitable for surface coal mining operations
					 under Rules 5, 11, 13 and 15 of these regulations shall be subject to the
					 permitting requirements of § 2103. Exploration conducted under a notice of
					 intent shall not require a permit but shall be subject to the requirements
					 prescribed under § 2105.
(b)
					 The notice shall include -
(1) The name,
					 address and telephone number of the person seeking to explore;
(2) The name, address and telephone number of
					 the person's representative who will be present at, and responsible for,
					 conducting the exploration activities;
(3) A narrative describing the proposed
					 exploration area or a map at a scale of 1:24,000, or greater, showing the
					 proposed area of exploration and the general location of drill holes and
					 trenches, existing and proposed roads, occupied dwellings, topographic
					 features, bodies of surface water, and pipelines;
(4) A statement of the period of intended
					 exploration; and
(5) A description
					 of the method of exploration to be used and the practices that will be followed
					 to protect the environment and to reclaim the area from adverse impacts of the
					 exploration activities in accordance with the applicable requirements of
					 Subchapter 2.5 of these regulations, permanent program performance
					 standards.
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 11-8-2.3-21 - Coal Exploration and Development › Section 11-8-2.3-21-2105 - Coal Exploration Compliance Duties

Current through June 25, 2024
(a) All coal
					 exploration and reclamation activities that substantially disturb the natural
					 land surface shall be conducted in accordance with the coal exploration
					 requirements of this Rule, Subchapter 2.5 of these regulations, any other
					 applicable provisions of the Permit Board, and any exploration permit term or
					 condition imposed by the Permit Board.
(b) Any person who conducts any coal
					 exploration in violation of the provisions of this Rule, Subchapter 2.5 of
					 these regulations, any other applicable provisions of the regulatory program,
					 or any exploration permit term or condition imposed by the Permit Board, shall
					 be subject to the provisions of §
											53-9-55,
					 Rules 63 through 71 of these regulations, and the applicable inspection and
					 enforcement provisions of the regulatory program.
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 11-8-2.3-21 - Coal Exploration and Development › Section 11-8-2.3-21-2107 - Commercial Use or Sale

Current through June 25, 2024
(a) Except as
					 provided under § 2107(b), 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.
(b) With the prior
					 written approval of the Executive Director, 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 in the form of a letter requesting such approval with the Executive
					 Director. 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:
(1) The name of the testing firm and the
					 locations at which the coal will be tested.
(2) 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:
(A) 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;
(B) The amount of coal necessary for the test
					 and why a lesser amount is not sufficient; and
(C) A description of the specific tests that
					 will be conducted.
(3)
					 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.
(4) 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.
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 11-8-2.3-21 - Coal Exploration and Development › Section 11-8-2.3-21-2109 - Public Availability of Information

Current through June 25, 2024
(a) Except as
					 provided in paragraph (b) of this section, all information submitted to the
					 Department under this Rule shall be made available for public inspection and
					 copying at the offices of the Department in Jackson.
(b) The Department shall keep information
					 confidential if the person submitting it complies with §
											53-9-43
					 and obtains a finding of confidentiality from the Commission in accordance with
					 §
											49-17-39.
(c) Information requested to be held as
					 confidential under § 2109(b) of this section shall not be made publicly
					 available until after notice and opportunity to be heard before the Commission
					 is afforded persons both seeking and opposing disclosure of the
					 information.
Miss. Code Ann.
						§§
												53-9-41,
						53-9-43
						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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2301 - Responsibility

Current through June 25, 2024
It is the responsibility of the permit applicant to
						provide to the Permit Board all of the information required by 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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2303 - Applicability

Current through June 25, 2024
This Rule applies to any person who applies for a permit
						to conduct surface coal mining and reclamation operations.
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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2305 - Identification of Interests

Current through June 25, 2024
An application shall contain the following information,
						except that the submission of a social security number is voluntary:
(a) A statement as to whether the applicant,
					 or operator, is a corporation, partnership, single proprietorship, association
					 or other business entity.
(b) The
					 name, address, telephone number, social security number and employer
					 identification number of the:
(1)
					 applicant;
(2) applicant's resident
					 agent;
(3) person who will pay the
					 abandoned mine land reclamation fee;
(4) any operator, if different from the
					 applicant;
(5) person(s)
					 responsible for submitting the Coal Reclamation Fee Report; and
(6) each business entity in the applicant's
					 and operator's organizational structure, up to and including the ultimate
					 parent entity of the applicant and operator; for every such business entity,
					 you must also provide the required information for every president, chief
					 executive officer, and director (or persons in similar positions), and every
					 person who owns, of record, 10 percent or more of the entity.
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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2307 - Compliance Information

Current through June 25, 2024
Each application shall contain:
(a) a statement of whether the applicant, any
					 subsidiary, affiliate or persons controlled by or under common control with the
					 applicant has had a federal or state mining permit suspended or revoked in the
					 five years preceding the date of submission of the application; or forfeited a
					 performance bond or similar security deposited in lieu of bond;
(b) if any such suspension, revocation or
					 forfeiture has occurred, a brief explanation of the facts involved if any such
					 suspension, revocation, or forfeiture referred to in § 2307 (a),
					 including:
(1) identification number and date
					 of issuance of the permit, and the date and amount of bond or similar
					 security;
(2) identification of the
					 authority that suspended or revoked the permit or forfeited the bond and the
					 stated reasons for that action;
(3)
					 the current status of the permit, bond or similar security involved;
(4) the date, location and type of any
					 administrative or judicial proceedings initiated concerning the suspension,
					 revocation or forfeiture; and
(5)
					 the current status of the proceedings.
The applicant shall submit the information required by
						this section and in a form required by the Department.