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 11-8-2.3-21-2103 - Permit Requirements for Exploration Removing More Than 250 Tons of Coal, or Occurring on Lands Designated as Unsuitable for Surface Coal Mining Operations

Current through June 25, 2024
(a) Exploration
					 permit. Any person who intends to conduct coal exploration outside a permit
					 area during which more than 250 tons of coal will be removed or which will
					 substantially disturb the natural land surface, or which will take place on
					 lands designated as unsuitable for surface mining, shall, before conducting the
					 exploration, submit an application and obtain written approval from the Permit
					 Board in an exploration permit. Such exploration shall be subject to the
					 requirements prescribed under § 2105 and § 2107.
(b) Application information. Each application
					 for an exploration permit shall contain, at a minimum, the following
					 information:
(1) The name, address and
					 telephone number of the applicant;
(2) The name, address and telephone number of
					 the applicant's representative who will be present at, and responsible for,
					 conducting the exploration activities.
(3) A narrative describing the proposed
					 exploration area.
(4) A narrative
					 description of the methods and equipment to be used to conduct the exploration
					 and reclamation.
(5) An estimated
					 timetable for conducting and completing each phase of the exploration and
					 reclamation.
(6) The estimated
					 amount of coal to be removed and a description of the methods to be used to
					 determine the amount.
(7) A
					 statement of why extraction of more than 250 tons of coal is necessary for
					 exploration.
(8) A description of :
(A) Cultural or historical resources listed
					 on the National Register of Historic Places;
(B) Cultural or historical resources known to
					 be eligible for listing on the National Register of Historic Places;
					 and
(C) Known archeological
					 resources located within the proposed exploration area.
(D) Any other information which the Permit
					 Board may require regarding known or unknown historic or archeological
					 resources.
(9) A
					 description of any endangered or threatened species listed pursuant to the
					 Endangered Species Act of 1973 (
					 16
					 U.S.C. 1531 et seq.) identified within the
					 proposed exploration area.
(10) A
					 description of the measures to be used to comply with the applicable
					 requirements of Subchapter 2.5 of these regulations.
(11) The name and address of the owner of
					 record of the surface land and of the subsurface mineral estate of the area to
					 be explored.
(12) A map or maps at
					 a scale of 1:24,000, or larger, showing the areas of land to be disturbed by
					 the proposed exploration and reclamation. The map shall specifically show
					 existing roads, occupied dwellings, topographic and drainage features, bodies
					 of surface water, and pipelines; proposed locations of trenches, roads and
					 other access routes and structures to be constructed; the location of proposed
					 land excavations; the location of exploration holes or other drill holes or
					 underground openings; the location of excavated earth or waste-material
					 disposal areas; and the location of critical habitats of any endangered or
					 threatened species listed pursuant to the Endangered Species Act of 1973 (
					 16
					 U.S.C. 1531 et seq.).
(13) If the surface is owned by a person
					 other than the applicant, a description of the basis upon which the applicant
					 claims the right to enter that land for the purposes of conducting exploration
					 and reclamation.
(14) For any lands
					 listed in § 1105 of this Rule, a demonstration that, to the extent
					 technologically and economically feasible, the proposed exploration activities
					 have been designed to minimize interference with the values for which those
					 lands were designated as unsuitable for surface coal mining operations. The
					 application must include documentation of consultation with the owner of the
					 feature causing the land to come under the protection of § 1105 of this
					 Rule, and, when applicable, with the agency with primary jurisdiction over the
					 feature with respect to the values that caused the land to come under the
					 protection of § 1105 of this Rule.