Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.2 - Permit Application

Current through June 25, 2024
A. Unless exempted
				  under Miss. Code Ann. §
										53-7-7
				  and Rule 1.2.1 of these Regulations, no person shall engage in surface mining
				  without having first obtained coverage under a general permit, or having
				  obtained from the Permit Board a permit for each operation.
B. Before commencing any operation for which
				  a permit is required, each applicant for a permit shall submit to the Permit
				  Board an application, a proposed initial reclamation plan and a performance
				  bond in an amount proposed to be sufficient by the applicant to reclaim the
				  permit area. The application shall be in the form prescribed by the Department
				  and shall be deemed administratively complete if it contains:
(1) A legal description of the tract or
				  tracts of land in the affected area and one or more maps or plats of adequate
				  scale to clearly portray the location of the affected area. The description
				  shall contain sufficient information so that the affected area may be located
				  and distinguished from other lands and shall identify the access from the
				  nearest public road. Said description of the tract shall be sufficient for the
				  Department to define and locate the permit boundary;
(2) The approximate location and depth of the
				  deposit in the permit area and the total number of acres in the permit
				  area;
(3) The name, address and
				  management officers of the permit applicant and any affiliated persons who
				  shall be engaged in the operations;
(4) The name and address of any person
				  holding legal and equitable interests of record, if reasonably ascertainable,
				  in the surface estate of the permit area and in the surface estate of land
				  located within five hundred (500) feet of the exterior limits of the permit
				  area;
(5) The name and address of
				  any person residing on the property of the permit area at the time of
				  application;
(6) Current or
				  previous surface mining permits held by the applicant, including any
				  revocations, suspensions or bond forfeitures;
(7) The type and method of operation, the
				  engineering techniques and the equipment that is proposed to be used, including
				  mining schedules, the nature and expected amount of overburden to be removed,
				  the depth of excavations, a description of the permit area, the anticipated
				  hydrologic consequences of the mining operation, and the proposed use of
				  explosives for blasting, including the nature of the explosive, the proposed
				  location of the blasting and the expected effect of the blasting;
(8) A notarized statement, supported by
				  sufficient documentation, showing the applicant's legal right to surface mine
				  the affected area;
(9) All other
				  approvals, permits, clearances, easements and/or agreements, for the
				  construction and operation of the permit, which may be required;
(10) The names and locations of all lakes,
				  rivers, reservoirs, streams, creeks and other bodies of water in the vicinity
				  of the contemplated operations which may be affected by the operations and the
				  types of existing vegetative cover on the area affected thereby and on
				  adjoining lands within five hundred (500) feet of the exterior limits of the
				  affected area;
(11) A topographical
				  survey map showing the surface drainage plan on and away from the permit
				  area;
(12) The surface location and
				  extent of all existing and proposed waste and spoil piles, cuts, pits, tailing
				  dumps, ponds, borrow pits, evaporation and settling basins, roads, buildings,
				  access ways, workings and installations sufficient to provide a reasonably
				  clear and accurate portrayal of the existing surface conditions and the
				  proposed mining operations;
(13) If
				  the surface and mineral estates, or any part of those estates, in land covered
				  by the application, have been severed and are owned by separate owners, the
				  applicant shall provide a notarized statement subscribed to by each surface
				  owner and lessee of those lands, unless the lease or other conveyance to the
				  applicant specifically states the material to be mined by the operator granting
				  consent for the applicant to initiate and conduct surface mining, exploration
				  and reclamation activities on the land;
(14) A copy of a proposed initial reclamation
				  plan prepared in accordance with the Act and these Regulations;
(15) The application fee as set forth in
				  Subchapter 5 of these Regulations;
(16) The application form with all requested
				  information provided;
(17) Any
				  other applicable forms;
(18)
				  Certificate of Insurance (see Rule 1.2.10.F);
(19) Any other information needed to clarify
				  the required parts of the application as may be requested by the
				  Department.