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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2309 - Right of Entry and Operation Information

Current through June 25, 2024
(a)
					 Each application shall contain a description of the documents upon which the
					 applicant bases his or her legal right to enter and begin surface mining and
					 reclamation operation activities in the permit area and whether that right is
					 the subject of pending litigation. The description shall identify those
					 documents by type and date of execution, identify the specific lands to which
					 the document pertains, and explain the legal rights claimed by the
					 applicant.
(b) Where the private
					 mineral estate has been severed from the private surface estate, where such
					 severance is authorized under Mississippi law, the application shall also
					 provide for lands within the permit area:
(1)
					 a copy of the written consent of the surface owner to the extraction of coal by
					 surface mining methods; or
(2) a
					 copy of the document of conveyance that expressly grants or reserves the right
					 to extract the coal by surface mining methods; or
(3) if the conveyance does not expressly
					 grant the right to extract the coal by surface mining methods, documentation
					 that, under the applicable state law, the applicant has the legal authority to
					 extract the coal by these 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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2311 - Relationship to Areas Designated Unsuitable for Mining

Current through June 25, 2024
(a) Each application shall contain a
					 statement of available information on whether the proposed permit area is
					 within an area designated unsuitable for surface mining activities under Rules
					 11, 13 and 15 or under study for designation in an administrative proceeding
					 under those Rules.
(b) If an
					 applicant proposes to conduct surface mining activities within 300 feet of an
					 occupied dwelling, the application shall contain the waiver of the owner of the
					 dwelling as required by § 1107(e).
(c) If an applicant proposes to conduct
					 surface mining activities with 100 feet of a public road, the application shall
					 contain the necessary information and meet the requirements of §
					 1107(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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2313 - Permit Term Information

Current through June 25, 2024
(a) Each
					 application shall state the anticipated or actual starting and termination date
					 of each phase of the surface coal mining and reclamation operations and the
					 anticipated number of acres of land to be affected for each phase of mining and
					 over the total life of the mine.
(b) If the applicant proposes to conduct the
					 surface coal mining and reclamation operations in excess of five years, the
					 application shall contain the information needed for the showing required under
					 § 3121(a).
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 11-8-2.3-23-2315 - Personal Injury and Property Damage Insurance Information

Current through June 25, 2024
Each permit application shall contain either a
						certificate of liability insurance or evidence that the self-insurance
						requirements in § 4309 are satisfied.
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 11-8-2.3-23-2317 - Identification of Other Licenses and Permits

Current through June 25, 2024
Each application shall contain a list of all other
						licenses and permits needed by the applicant to conduct the proposed surface
						mining activities. This list shall identify each license and permit by:
(a) type of permit or license;
(b) name and address of issuing
					 authority;
(c) identification
					 numbers of applications for those permits or licenses or, if issued, the
					 identification numbers of the permits or licenses;
(d) if a decision has been made, the date of
					 approval or disapproval by each issuing authority.
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 11-8-2.3-23-2319 - Identification of Location of Public Office for Filing of Application

Current through June 25, 2024
Each application shall identify, by name and address, the
						chancery clerk's office where the applicant will simultaneously file a copy of
						the complete application for public inspection under §
						3103.
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 11-8-2.3-23-2321 - Newspaper Advertisement and Proof of Publication

Current through June 25, 2024
A copy of the newspaper advertisement of the application
						and proof of publication of the advertisement shall be filed with the
						Department and made a part of the complete application, not later than four
						weeks after the last date of publication required under §
											53-9-37
						and § 3103.
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 11-8-2.3-23-2323 - Facilities or structures used in common

Current through June 25, 2024
The plans of a facility or structure that is to be shared
						by two or more separately permitted mining operations may be included in one
						permit application and referenced in the other applications. In accordance with
						Rule 39, each permittee shall bond the facility or structure unless the
						permittees sharing it agree to another arrangement for assuming their
						respective responsibilities. If such agreement is reached, then the application
						shall include a copy of the agreement between or among the parties setting
						forth the respective bonding responsibilities of each party for the facility or
						structure. The agreement shall demonstrate to the satisfaction of the Permit
						Board that all responsibilities under the regulations for the facility or
						structure will 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 11-8-2.3-23 - Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section 11-8-2.3-23-2325 - Additional Information

Current through June 25, 2024
The Permit Board may require additional information of
						the applicant if the Permit Board determines that the additional information is
						necessary to be considered in the Permit Board's decision-making process
						concerning the issuance, denial, modification or revocation of a
						permit.
Miss. Code Ann.
						§§
												53-9-21,
						53-9-25,
						53-9-27,
						53-9-33
						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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2501 - Responsibilities

Current through June 25, 2024
a. It is the responsibility of the applicant
					 to provide, except where specifically exempted in this Rule, all information
					 required by this Rule in the application.
b. It is the responsibility of the Department
					 to provide information for applications as specifically 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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2503 - General Requirements

Current through June 25, 2024
Each permit application shall include a description of
						the existing, premining environmental resources within the proposed permit area
						and adjacent areas that may be affected or impacted by the proposed surface
						mining activities.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2505 - General Environmental Resources Information

Current through June 25, 2024
Each application shall describe and identify:
(a) the size, sequence and timing of the
					 subareas for which it is anticipated that individual permits for mining will be
					 requested and the lands subject to surface coal mining operations over the
					 estimated total life of the proposed surface mining activities;
(b) the nature of cultural, historic and
					 archaeological resources listed or eligible for listing on the National
					 Register of Historic Places and known archaeological features within the
					 proposed permit and adjacent areas. The description shall be based on all
					 available information including, but not limited to, data of state and local
					 archaeological, historical and cultural preservation agencies.
(c) The Permit Board may require the
					 applicant to identify and evaluate important historic and archeological
					 resources that may be eligible for listing on the National Register of Historic
					 Places, through
(1) collection of additional
					 information,
(2) conduct of field
					 investigation, or
(3) other
					 appropriate analyses.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2509 - Geology Description

Current through June 25, 2024
(a) General. Each
					 application shall include geologic information provided by, or under the
					 direction of, a qualified Registered Professional Geologist in sufficient
					 detail to assist in determining:
(1) the
					 probable hydrologic consequences of the operation upon the quality and quantity
					 of surface water and ground water in the permit and adjacent areas, including
					 the extent to which surface- and ground-water monitoring is
					 necessary;
(2) all potentially
					 acid- or toxic-forming strata down to and including the stratum immediately
					 below the lowest coal seam to be mined; and
(3) whether reclamation as required by this
					 Rule can be accomplished and whether the proposed operation has been designed
					 to prevent material damage to the hydrologic balance outside the permit
					 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2511 - Groundwater Information

Current through June 25, 2024
(a) Ground-water
					 information shall be provided by, or under the direction of, a qualified
					 Registered Professional Geologist. The application shall include the location
					 and ownership for the permit and adjacent areas of existing wells, springs and
					 other ground-water resources, seasonal quality and quantity of ground water,
					 and usage. Water quality descriptions shall include, at a minimum, total
					 dissolved solids or specific conductance corrected to 25° C, pH, total iron
					 and total manganese. Ground-water quantity descriptions shall include, at a
					 minimum, approximate rates of discharge or usage and depth to the water in the
					 coal seam, and each water-bearing stratum above and potentially impacted
					 stratum below the coal seam.
(b)
					 The Department also may require the applicant to provide a well location
					 inventory for the permit and adjacent areas to identify any permitted or
					 non-permitted wells, including information regarding the following:
(1) Specific location;
(2) ownership;
(3) well specifications such as construction,
					 depth, diameter, screened interval, date constructed, status, use,
					 etc.;
(4) geologic logs and ground
					 water information; and
(5) permit
					 number, if applicable.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2513 - Surface-Water Information

Current through June 25, 2024
The application shall include the name, location,
						ownership and description of all surface-water bodies such as streams, lakes
						and impoundments, the location of any discharge into any surface-water body in
						the proposed permit and adjacent areas, and information on surface-water
						quality and quantity sufficient to demonstrate seasonal variation and water
						usage. Water quality descriptions shall include, at a minimum, baseline
						information on total suspended solids, total dissolved solids or specific
						conductance corrected to 25° C, pH, total iron and total manganese.
						Baseline acidity and alkalinity information shall be provided if there is a
						potential for acid drainage from the proposed mining operation. Water quantity
						descriptions shall include, at a minimum, baseline information on seasonal flow
						rates.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2515 - Supplemental Information

Current through June 25, 2024
If the determination of the probable hydrologic
						consequences (PHC) required by § 2523 indicates that adverse impacts on or
						off the proposed permit area may occur to the hydrologic balance, or that
						acid-forming or toxic-forming material is present that may result in the
						contamination of surface- or ground-water supplies, then information
						supplemental to that required under §§ 2511 and 2513 shall be
						provided to evaluate such probable hydrologic consequences and to plan remedial
						and reclamation activities. Such supplemental information may be based upon
						drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata,
						flood flows, or analysis of other water quality or quantity characteristics
						which shall be prepared by, or under the direction of a qualified Registered
						Professional Geologist or Registered Professional Engineer as required by 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2517 - Baseline Cumulative Impact Area Information

Current through June 25, 2024
(a)
					 Hydrologic and geologic information for the cumulative impact area necessary to
					 assess the probable cumulative hydrologic impacts of the proposed operation and
					 all anticipated mining on surface- and ground-water systems as required by
					 § 2525 shall be obtained by the Department if available from appropriate
					 federal or state agencies, provided this information is derived from data
					 provided by or under the supervision of a qualified Registered Professional
					 Geologist or Registered Professional Engineer as required by the
					 Department.
(b) If the information
					 is not available from such agencies, then the applicant may gather and submit
					 this information to the Department as part of the permit application, provided
					 this information is derived from data provided by or under the supervision of a
					 qualified Registered Professional Geologist or Registered Professional Engineer
					 as required by the Department.
(c)
					 The permit shall not be approved until the necessary hydrologic and geologic
					 information prepared by, or under the supervision of a qualified Registered
					 Professional Geologist or Registered Professional Engineer as required by the
					 Department, is available to 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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2519 - Modeling

Current through June 25, 2024
The use of modeling techniques, interpolation or
						statistical techniques may be included as part of the permit application, but
						actual surface- and ground-water information may be required by the Department
						for each site even when such techniques are 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2521 - Alternative Water Source Information

Current through June 25, 2024
If the PHC determination required by § 2523
						indicates that the proposed mining operation may proximately result in
						contamination, diminution or interruption of an underground or surface source
						of water within the proposed permit or adjacent areas which is used for
						domestic, agricultural, industrial or other legitimate purpose, then the
						application shall contain information on water availability and alternative
						water sources, including the suitability of alternative water sources for
						existing premining uses and approved postmining land uses.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2523 - Probable Hydrologic Consequences Determination

Current through June 25, 2024
(a) The
					 application shall contain a determination of the probable hydrologic
					 consequences (PHC) of all anticipated mining within the permit area upon the
					 quality and quantity of surface water and ground water under seasonal flow
					 conditions for the proposed permit and adjacent areas.
(b) The PHC determination shall be based on
					 baseline hydrologic, geologic and other information collected for the permit
					 application and may include data statistically representative of the site. The
					 baseline hydrologic, geologic and other information provided in § 2523
					 shall have been acquired, assimilated, or derived by, or under the supervision
					 of a qualified Registered Professional Geologist.
(c) The PHC determination shall include
					 findings on:
(1) whether adverse impacts may
					 occur to the hydrologic balance;
(2) whether acid- or toxic-forming materials
					 are present that could result in the contamination of surface-water or
					 ground-water supplies;
(3) whether
					 the proposed operation may proximately result in contamination, diminution or
					 interruption of an underground or surface source of water within the proposed
					 permit or adjacent areas which is used for domestic, agricultural, industrial
					 or other legitimate purpose; and
(4) what impact the proposed operation will
					 have on:
(A) sediment yield from the disturbed
					 area;
(B) acidity, total suspended
					 and dissolved solids and other important water quality parameters of local
					 impact;
(C) flooding or streamflow
					 alteration;
(D) ground- and
					 surface-water availability; and
(E)
					 other characteristics as required by 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2525 - Cumulative Hydrologic Impact Assessment

Current through June 25, 2024
(a) The
					 Department shall provide an assessment of the probable cumulative hydrologic
					 impacts (CHIA) of the proposed operation and all anticipated mining upon
					 surface- and ground-water systems in the cumulative impact area. The CHIA shall
					 be sufficient to determine, for purposes of permit approval, whether the
					 proposed operation has been designed to prevent material damage to the
					 hydrologic balance outside the permit area. The Department may allow the
					 applicant to submit data and analyses relevant to the CHIA with the permit
					 application.
(b) An application for
					 a permit modification shall be reviewed by the Department to determine whether
					 a new or updated CHIA shall be required.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2527 - Climatological Information

Current through June 25, 2024
(a) When requested
					 by the Department, the application shall contain a statement of the
					 climatological factors that are representative of the proposed permit area,
					 including:
(1) the average seasonal
					 precipitation;
(2) the average
					 direction and velocity of prevailing winds; and
(3) seasonal temperature ranges.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2529 - Vegetation Information

Current through June 25, 2024
(a) The permit
					 application shall contain a map that delineates existing vegetative types and a
					 description of the plant communities within the proposed permit area and within
					 any proposed reference area. This description shall include information
					 adequate to predict the potential for reestablishing vegetation.
(b) Sufficient adjacent areas shall be
					 included on the map or aerial photograph to allow evaluation of vegetation as
					 important habitat for fish and wildlife for those species of fish and wildlife
					 identified under § 2713.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2531 - Soil Resources Information

Current through June 25, 2024
(a) The applicant
					 shall provide adequate soil survey information of the permit area consisting of
					 the following: a map delineating different soils; soil identification; soil
					 description; and present and potential productivity of existing
					 soils.
(b) Where the applicant
					 proposes to use selected overburden materials as a supplement or substitute for
					 topsoil, the application shall provide results of the analyses, trials and
					 tests required under § 5311.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2533 - Land Use Information

Current through June 25, 2024
The application shall contain a statement of the
						condition, capability and productivity of the land within the proposed permit
						area, including:
(a) a map and
					 supporting narrative of the uses of the land existing at the time of the filing
					 of the application. If the premining use of the land was changed within five
					 years before the anticipated date of beginning the proposed operations, the
					 historic use of the land shall also be described. In the case of previously
					 mined land, the use of the land prior to any mining shall also be described to
					 the extent such information is available.
(b) a narrative of land capability and
					 productivity, which analyzes the land-use description under § 2533(a) in
					 conjunction with other environmental resources information required under this
					 Rule. The narrative shall provide analyses of:
(1) the capability of the land before any
					 mining to support a variety of uses, giving consideration to soil and
					 foundation characteristics, topography, vegetative cover and the hydrology of
					 the proposed permit area; and
(2)
					 the productivity of the proposed permit area before mining, expressed as
					 average yield of food, fiber, forage or wood products from such lands obtained
					 under high levels of management. The productivity shall be determined by yield
					 data or estimates for similar sites based on current data from the United
					 States Department of Agriculture, state agricultural universities or
					 appropriate state natural resource or agricultural agencies.
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 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2535 - Maps: General Requirements

Current through June 25, 2024
The permit application shall include maps showing:
(a) all boundaries of lands and names of
					 present owners of record of those lands, both surface and subsurface, included
					 in or contiguous to the permit area;
(b) the boundaries of land within the
					 proposed permit area upon which the applicant has the legal right to enter and
					 begin surface mining activities;
(c) the boundaries of all areas proposed to
					 be affected over the estimated total life of the proposed surface mining
					 activities, with a description of size, sequence and timing of the mining of
					 subareas for which it is anticipated that additional permits will be
					 sought;
(d) the location of all
					 buildings on and within 1,000 feet of the proposed permit area, with
					 identification of the current use of the buildings;
(e) the location of surface and subsurface
					 man-made features within, passing through or passing over the proposed permit
					 area including, but not limited to, major electric transmission lines,
					 pipelines and agricultural drainage tile fields;
(f) the location and boundaries of any
					 proposed reference areas for determining the success of revegetation;
(g) the locations of water supply intakes for
					 current users of water flowing into, out of, and within a hydrologic area
					 defined by the Department, and those surface waters which will receive
					 discharges from affected areas in the proposed permit area;
(h) each public road located in or within 100
					 feet of the proposed permit area;
(i) the boundaries of any public park and
					 locations of any cultural or historical resources listed or eligible for
					 listing in the National Register of Historic Places and known archaeological
					 sites within the permit or adjacent areas;
(j) each public or private cemetery or Indian
					 burial ground located in or within 100 feet of the proposed permit
					 area;
(k) any land within the
					 proposed permit area and adjacent area which is within the boundaries of any
					 units of the National System of Trails or the Wild and Scenic Rivers System,
					 including study rivers designated under § 5(a) of the Wild and Scenic
					 Rivers Act; and
(l) other relevant
					 information required by 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2537 - Cross-Sections, Maps and Plans

Current through June 25, 2024
(a) The application
					 shall include cross-sections, maps and plans showing:
(1) elevations and locations of test borings
					 and core sampling;
(2) elevations
					 and locations of monitoring stations used to gather data for water quality and
					 quantity, fish and wildlife, and air quality, if required, in preparation of
					 the application;
(3) nature, depth
					 and thickness of the coal seams to be mined, any coal or rider seams above the
					 seam to be mined, each stratum of the overburden, and the stratum immediately
					 below the lowest coal seam to be mined;
(4) all coal crop lines and the strike and
					 dip of the coal to be mined within the proposed permit area;
(5) location and extent of known workings of
					 active, inactive or abandoned underground mines, including mine openings to the
					 surface within the proposed permit and adjacent areas;
(6) location and extent of subsurface water,
					 if encountered, within the proposed permit or adjacent areas;
(7) location of surface-water bodies such as
					 streams, lakes, ponds, springs, constructed or natural drains and irrigation
					 ditches within the proposed permit and adjacent areas;
(8) location and extent of existing or
					 previously surface-mined areas within the proposed permit area;
(9) location and dimensions of existing areas
					 of spoil, waste and non-coal waste disposal, dams, embankments, other
					 impoundments, and water treatment and air pollution control facilities within
					 the proposed permit area;
(10)
					 location, and depth if available, of gas and oil wells within the proposed
					 permit area and water wells in the permit area and adjacent 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section 11-8-2.3-25-2539 - Prime Farmland Investigation

Current through June 25, 2024
(a) All permit
					 applications, whether or not prime farmland is present, shall include the
					 results of a reconnaissance inspection of the proposed permit area to indicate
					 whether prime farmland exists. The Department, in consultation with the U.S.
					 Natural Resources Conservation Service, shall determine the nature and extent
					 of the required reconnaissance inspection.
(b) Land shall not be considered prime
					 farmland where the applicant can demonstrate one of the following:
(1) the land has not been historically used
					 as cropland;
(2) the slope of the
					 land is 10 percent or greater;
(3)
					 other factors exist, such as a very rocky surface, or the land is frequently
					 flooded during the growing season, more often than once in two years, and the
					 flooding has reduced crop yields;
(4) on the basis of a soil survey of lands
					 within the permit area, there are no soil map units that have been designated
					 prime farmland by the United States Natural Resources Conservation
					 Service.
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 11-8-2.3-27-2701 - Responsibilities

Current through June 25, 2024
It is the responsibility of the applicant to provide to
						the Department the information required by this Rule, except where specifically
						exempted in 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 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2703 - Operation Plan: General Requirements

Current through June 25, 2024
Each application shall contain a description of the
						mining operations proposed to be conducted during the life of the mine within
						the proposed permit area including, at a minimum, the following:
(a) a narrative description of the type and
					 method of coal mining procedures and proposed engineering techniques,
					 anticipated annual and total production of coal, by tonnage, and the major
					 equipment to be used for all aspects of those operations.
(b) a narrative explaining the construction,
					 modification, use, maintenance, and removal of the following facilities (unless
					 retention of such facilities is necessary for postmining land use as specified
					 in § 53109):
(1) dams, embankments and
					 other impoundments;
(2) overburden
					 and topsoil handling and storage areas and structures;
(3) coal removal, handling, storage,
					 cleaning, and transportation areas and structures;
(4) spoil, coal processing waste, and
					 non-coal waste removal, handling, storage, transportation, and disposal areas
					 and structures;
(5) mine
					 facilities; and
(6) water and air
					 pollution control 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 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2705 - Operation Plan: Existing Structures

Current through June 25, 2024
(a) Each
					 application shall contain a description of each existing structure proposed to
					 be used in connection with or to facilitate the surface coal mining and
					 reclamation operation. The description shall include:
(1) location;
(2) plans of the structure which describe its
					 current condition;
(3) approximate
					 dates on which construction of the existing structure was begun and completed;
					 and
(4) a showing, including
					 relevant monitoring data or other evidence, whether the structure meets the
					 performance standards of Subchapter 2.5 (Permanent Program
					 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 11-8-2.3-27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section 11-8-2.3-27-2707 - Operation Plan: Blasting

Current through June 25, 2024
Each application shall contain a blasting plan for the
						proposed permit area explaining how the applicant intends to comply with the
						requirements of §§ 5347-5357 and including the following:
(a) information setting forth the limitations
					 the operator will meet with regard to ground vibration and airblast, the bases
					 for those limitations, and the methods to be applied in controlling the adverse
					 effects of blasting operations;
(b)
					 types and approximate amounts of explosives to be used for each type of
					 blasting operation to be conducted;
(c) description of procedures and plans for
					 recording and retention of information on the following during blasting:
(1) drilling patterns, including size,
					 number, depths and spacing of holes;
(2) charge and packing of holes;
(3) types of fuses and detonation controls;
					 and
(4) sequence and timing of
					 firing holes;
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 11-8-2.3-27-2709 - Operation Plan: Maps and Plans

Current through June 25, 2024
Each application shall contain maps and plans of the
						proposed permit and adjacent areas as follows:
(a) The maps and plans shall show the lands
					 proposed to be affected throughout the operation and any change in a facility
					 or feature to be caused by the proposed operations, if the facility or feature
					 was shown under §§ 2535-2537.
(b) The following shall be shown for the
					 proposed permit area:
(1) buildings, utility
					 corridors and facilities to be used;
(2) the area of land to be affected within
					 the proposed permit area, according to the sequence of mining and
					 reclamation;
(3) each area of land
					 for which a performance bond or other equivalent guarantee will be posted under
					 Subchapter 2.4;
(4) each coal
					 storage, cleaning and loading area;
(5) each topsoil, spoil, coal waste and
					 non-coal waste storage area;
(6)
					 each water diversion, collection, conveyance, treatment, storage and discharge
					 facility to be used;
(7) each air
					 pollution collection and control facility;
(8) each source of waste and each waste
					 disposal facility relating to coal processing or pollution control;
(9) each facility to be used to protect and
					 enhance fish and wildlife and related environmental values;
(10) each explosive storage and handling
					 facility; and
(11) location of each
					 sedimentation pond, permanent water impoundment, coal processing waste bank,
					 and coal processing waste dam and embankment, in accordance with § 2725,
					 and fill area for the disposal of excess spoil in accordance with §
					 2735.
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 11-8-2.3-27-2711 - Air Pollution Control Plan

Current through June 25, 2024
The application shall contain an air pollution control
						plan which includes the following:
(a)
					 an air quality monitoring program, if required by the Department, to provide
					 sufficient data to evaluate the effectiveness of the fugitive dust control
					 practices under § 2711(b) to comply with applicable federal and state air
					 quality standards;
(b) a plan for
					 fugitive dust control practices, as required under § 5381.