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 11-8-2.1-1 - General › Section 11-8-2.1-1-105 - Definitions

Current through June 25, 2024
As used in these regulations, the following terms have
						the specified meaning, except where otherwise indicated.
Abandoned Site - a surface coal mining and reclamation
						operation for which the Department has found in writing that:
(a) all surface coal mining and reclamation activities at
						the site have ceased;
(b) the Department has issued at least one notice of
						violation, and either:
(1) is unable to serve the notice despite diligent
						efforts to do so; or
(2) the notice was served and has progressed to a
						failure-to-abate cessation order;
(c) the Department:
(1) is taking action to ensure that the permittee and
						operator, and owners and controllers of the permittee and operator, will be
						precluded from receiving future permits while violations continue at the site;
						and
(2) is taking action pursuant to these regulations and
						the act to ensure that abatement occurs or that there will not be a recurrence
						of the failure-to-abate, except where after evaluating the circumstances it
						concludes that further enforcement offers little or no likelihood of
						successfully compelling abatement or recovering any reclamation costs;
						and
(d) where the site is, or was, permitted or
						bonded:
(1) the permit has expired or been revoked, or permit
						revocation proceedings have been initiated and are being pursued diligently;
						and
(2) the Department has initiated and is diligently
						pursuing forfeiture of, or the Commission has forfeited, the performance bond.
Acid Drainage - water with a pH value of less than 6.0,
						and in which total acidity exceeds total alkalinity, discharged from an active,
						inactive or abandoned surface coal mine and reclamation operation, or from an
						area affected by surface coal mining and reclamation operations.
Acid-Forming Materials - earth materials that contain
						sulfide minerals or other materials which, if exposed to air, water or
						weathering processes, form acids that may create acid drainage.
Acid Test Ratio - the relation of quick assets to current
						liabilities.
Act - the Mississippi Surface Coal Mining and Reclamation
						Law codified at Sections
						53-9-1 et
						seq. of the Mississippi Code Annotated.
Adjacent Area - the area outside the permit area where a
						resource or resources, determined according to the context in which adjacent
						area is used, are or reasonably could be expected to be adversely impacted by
						proposed mining operations, including probable impacts from underground
						workings.
Affected Area - any land or water surface which is used
						to facilitate, or is physically altered by, surface coal mining and reclamation
						operations. The affected area includes: the disturbed area; any area upon which
						surface coal mining and reclamation operations are conducted; any adjacent
						lands the use of which is incidental to surface coal mining and reclamation
						operations; all areas covered by new or existing roads used to gain access to,
						or for hauling coal to or from, surface coal mining and reclamation operations;
						any area covered by surface excavations, workings, impoundments, dams,
						ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden
						piles, spoil banks, culm banks, tailings, holes or depressions, repair areas,
						storage areas or shipping areas; any areas upon which are sited structures,
						facilities or other property material on the surface resulting from, or
						incident to, surface coal mining and reclamation operations; and the area
						located above underground workings.
Agricultural Use - the use of any tract of land for the
						production of animal or vegetable life. The uses include, but are not limited
						to, the pasturing, grazing, and watering of livestock, and the cropping,
						cultivation, and harvesting of plants.
Appeal - an appeal to an appropriate court of the state
						taken from a final decision of the Permit Board or Commission made after a
						formal hearing before that body.
Applicant - a person applying for a permit, permit
						modification, permit renewal, or the transfer, assignment, or sale of permit
						rights from the Permit Board to conduct surface coal mining and reclamation
						operations or, where required, seeking approval for coal exploration or
						development operations.
Applicant Violator System or AVS - means an automated
						information system of applicant, permittee, operator, violation and related
						data OSM maintains to assist in implementing the Act.
Application - the documents and other information filed
						with the Permit Board for the issuance of an exploration or surface mining and
						reclamation operations permit, permit modification, permit renewal, or the
						transfer, assignment, or sale of permit rights for surface coal mining and
						reclamation operations or where required, for coal exploration.
Approximate Original Contour - that surface configuration
						achieved by backfilling and grading of the mined area so that the reclaimed
						area, including any terracing or access roads, closely resembles the general
						surface configuration of the land prior to mining and blends into and
						complements the drainage pattern of the surrounding terrain, with all
						highwalls, spoil piles and coal refuse piles eliminated. Permanent water
						impoundments may be permitted where the Permit Board determines that they are
						in compliance with §§5327, 5341 and 53109.
Aquifer - a zone, stratum or group of strata that can
						store and transmit water in sufficient quantities for a specific use.
As recorded in the minutes of the Permit Board - the date
						of the Permit Board meeting at which the action concerned is taken by the
						Permit Board.
Asset Ratio - the relation of total assets to total
						liabilities.
Assets - cash and current assets that are reasonably
						expected to be realized in cash or sold or consumed within one year.
Auger Mining - a method of mining coal at a cliff or
						highwall by drilling holes into an exposed seam from the highwall and
						transporting the coal along an auger bit to the surface.
Best Technology Currently Available - equipment, devices,
						systems, methods or techniques which will:
(a) prevent, to the extent possible, additional
						contributions of suspended solids to stream flow or runoff outside the permit
						area, but in no event result in contributions of suspended solids in excess of
						requirements set by applicable state or federal laws; and
(b) minimize, to the extent possible, disturbances and
						adverse impacts on fish, wildlife and related environmental values, and achieve
						enhancement of those resources where practicable. The term includes equipment,
						devices, systems, methods or techniques which are currently available anywhere
						as determined by the Department, even if they are not in routine use. The term
						includes, but is not limited to, construction practices, siting requirements,
						vegetative selection and planting requirements, animal stocking requirements,
						scheduling of activities, and design of sedimentation ponds in accordance with
						§ 5313-5327. Within the constraints of the permanent program, the
						Department shall have the discretion to determine the best technology currently
						available on a case-by-case basis.
Capital Assets - those assets such as lands, buildings
						and equipment held for use in the production and sale of other assets and
						services.
Cash - all cash items except cash restricted by an
						agreement, or described as earmarked for a particular purpose; and short term
						investments such as stocks, bonds, notes and certificates of deposit where the
						intent and ability to sell them in the near future is established by the
						operator.
Cemetery - any area of land where human bodies are
						interred.
Coal - combustible carbonaceous rock, classified as
						anthracite, bituminous, subbituminous, or lignite by the American Society of
						Testing and Materials under the title, Standard Specification for
						Classification of Coals by Rank, ASTM D 388-77.
Coal Exploration, or Exploration Operations - the
						drilling of test holes or core holes for the purpose of, or related to, the
						determining of the location, quantity or quality of a coal deposit under a
						permit to be issued by the Permit Board, and any other coal exploration
						operations that will substantially disturb the surface and are not otherwise
						covered by these regulations.
Coal Mine Waste - coal processing waste and underground
						development waste.
Coal Mining Operation - the business of developing,
						producing, preparing and loading bituminous coal, subbituminous coal,
						anthracite, or lignite, or of reclaiming the areas upon which such activities
						occur. This term applies solely to Rule 5 of these regulations.
Coal Preparation - chemical or physical processing and
						the cleaning, concentrating or other processing or preparation of coal.
Coal Preparation Plant - a facility where coal is
						subjected to chemical or physical processing or cleaning, concentrating or
						other processing or preparation. It includes facilities associated with coal
						preparation activities including, but not limited to, the following: loading
						facilities; storage and stockpile facilities; sheds, shops and other buildings;
						water-treatment and water-storage facilities; settling basins and impoundments;
						and coal processing and other waste disposal areas.
Coal Processing Waste - earth materials which are
						separated and wasted from the product coal during cleaning, concentrating or
						other processing or preparation of coal.
Collateral Bond - an indemnity agreement in a sum certain
						executed by the permittee as principal which is supported by the deposit with
						the Commission of one or more of the following:
(a) a cash account, which shall be the deposit of cash in
						one or more federally-insured or equivalently protected accounts, payable only
						to the Commission upon demand;
(b) negotiable bonds of the United States, a state or a
						municipality, endorsed to the order of, and placed in the possession of, the
						Commission;
(c) negotiable certificates of deposit, made payable or
						assigned to the Commission and placed in its possession or held by a
						federally-insured bank;
(d) an irrevocable letter of credit of any bank organized
						or authorized to transact business in the United States, payable only to the
						Commission upon presentation;
(e) other investment-grade rated securities having a
						rating of AAA, AA or A or an equivalent rating issued by a nationally
						recognized securities rating service, endorsed to the order of, and placed in
						the possession of, the Commission.
Combustible Material - organic material that is capable
						of burning, either by fire or through oxidation, accompanied by the evolution
						of heat and a significant temperature rise.
Commission - the Mississippi Commission on Environmental
						Quality.
Community or Institutional Building - any structure,
						other than a public building or an occupied dwelling, which is used primarily
						for meetings, gatherings or functions of local civic organizations or other
						community groups; functions as an educational, cultural, historic, religious,
						scientific, correctional, mental health or physical health care facility; or is
						used for public services, including, but not limited to, water supply, power
						generation or sewage treatment.
Compaction - increasing the density of a material by
						reducing the voids between the particles, and generally accomplished by
						controlled placement and mechanical effort such as from repeated application of
						wheel, track or roller loads from heavy equipment.
Complete Application - an application for a permit,
						permit modification, permit renewal, or the transfer, assignment, or sale of
						permit rights or, where necessary, for the approval of coal exploration
						operations, which the Department determines to contain information addressing
						each application requirement of the act and these regulations and to contain
						all information necessary to initiate formal processing and public
						review.
Complete and Accurate Application - an application for a
						permit, permit modification, permit renewal, or the transfer, assignment, or
						sale of permit rights or, where necessary, for the approval of coal exploration
						operations, which the Department determines to contain all information required
						under the act or these regulations that is necessary for the Permit Board to
						make its decision on permit issuance and for which all opportunity for public
						notice, comment and hearings required by the act or these regulations has been
						completed.
Cropland - land used for the production of adapted crops
						for harvest, alone or in a rotation with grasses and legumes, and includes row
						crops, small grain crops, hay crops, nursery crops, orchard crops and other
						similar specialty crops.
Cumulative Impact Area - the area, including the permit
						area, within which impacts resulting from the proposed operation may interact
						with the impacts of all anticipated mining on surface- and ground-water
						systems. Anticipated mining shall include, at a minimum, the entire projected
						lives through bond release of: the proposed operation; all existing operations;
						any operation for which a permit application has been submitted to the Permit
						Board; and all operations required to meet diligent development requirements
						for leased federal coal for which there is actual mine development information
						available.
Current Liabilities - debts or other obligations that
						must be paid or liquidated within a short period of time, usually a year. This
						shall also include dividends payable on preferred stock within one year.
Department - the Office of Geology of the Department of
						Environmental Quality.
Direct Financial Interest - ownership or part ownership
						by an employee of lands, stocks, bonds, debentures, warrants, partnership
						shares or other holdings and any other arrangement where the employee may
						benefit from his or her holdings in, or salary from, coal mining operations.
						Direct financial interests include employment, pensions, creditor, immovable
						property and other financial relationships.
Director - the director of the federal Office of Surface
						Mining Reclamation and Enforcement.
Disturbed Area - an area where vegetation, topsoil or
						overburden is removed or upon which topsoil, spoil, coal processing waste or
						noncoal waste is placed by surface coal mining operations. Those areas are
						classified as disturbed until reclamation is completed and the performance bond
						or other assurance of performance required by Subchapter 2.4 is
						released.
Diversion - a channel, embankment or other man-made
						structure constructed to divert water from one area to another.
Drinking, domestic or Residential Water Supply - Water
						received from well or spring and any appurtenant delivery system that provides
						water for direct human consumption or household use. Wells and springs that
						serve only agricultural, commercial or industrial enterprises are not included
						except to the extent the water supply is for direct human consumption or human
						sanitation or domestic use.
Downslope - the land surface between the projected
						outcrop of the lowest coalbed being mined along each highwall and a valley
						floor.
Embankment - an artificial deposit of material that is
						raised above the natural surface of the land and used to contain, divert or
						store water, support roads or railways, or for other similar purposes.
Employee - any person employed by any Office of the
						Mississippi Department of Environmental Quality who performs any function or
						duty under the act, the Executive Director, and any member of the Commission or
						Permit Board.
Ephemeral Stream - a stream which flows only in direct
						response to precipitation in the immediate watershed or in response to the
						melting of a cover of snow and ice and which has a channel bottom that is
						always above the local water table.
Excess Spoil - spoil material disposed of in a location
						other than the mined-out area; provided, that spoil material used to achieve
						the approximate original contour or to blend the mined-out area with the
						surrounding terrain in accordance with §§ 5359-5365 and 5319(d) in
						non-steep slope areas shall not be considered excess spoil.
Executive Director - the Executive Director of the
						Mississippi Department of Environmental Quality, the Mississippi Commission on
						Environmental Quality, and the Mississippi Environmental Quality Permit
						Board.
Existing Structure - a structure or a facility used in
						connection with or to facilitate surface coal mining and reclamation operations
						for which construction begins prior to the approval of a state program or
						implementation of a federal program or federal lands program, whichever occurs
						first.
Exploration Operations Permit - a permit issued by the
						Permit Board to an applicant to conduct coal exploration as that term is
						defined in these regulations.
Extraction of Coal as an Incidental Part - the extraction
						of coal which is necessary to enable the accomplishment of the
						government-funded highway project construction that is necessitating the
						extraction. For the purposes of Rule 7, only that coal extracted from within
						the right-of-way, in the case of a road, railroad, utility line or other such
						construction or within the boundaries of the area directly affected by other
						types of government-financed construction, may be considered incidental to that
						construction. Extraction of coal outside the right-of-way or boundary of the
						area directly affected by construction shall be subject to the requirements of
						the act and these regulations.
Federal Land Program - a program established by the
						secretary of interior pursuant to § 523 of SMCRA to regulate surface coal
						mining and reclamation operations on federal lands.
Federal Lands - any lands, including mineral interests,
						owned by the United States, without regard to how the United States acquired
						ownership of the lands or which agency manages the lands, but does not include
						Indian lands.
Federal Violation Notice - a violation notice issued by
						OSM or by another agency or instrumentality of the United States.
Federal Office - the Office of Surface Mining Reclamation
						and Enforcement established under Title II of the federal act.
Fixed Assets - plants and equipment, but does not include
						land or coal in place.
Formal hearing - a hearing on the record, as recorded and
						transcribed by a court reporter, before the Commission or Permit Board where
						all parties to the hearing are allowed to present witnesses, cross-examine
						witnesses and present evidence for inclusion into the record as appropriate
						under rules promulgated by the Commission or Permit Board.
Fragile Lands - geographic areas containing natural,
						ecologic, scientific or aesthetic resources that could be damaged or destroyed
						by surface coal mining operations. Examples of fragile lands include: valuable
						habitats for fish or wildlife, critical habitats for endangered or threatened
						species of animals or plants, uncommon geologic formations, paleontological
						sites, national natural landmark sites, areas where mining may cause flooding,
						environmental corridors containing a concentration of ecologic and aesthetic
						features, areas of recreational value due to high environmental quality and
						buffer zones adjacent to the boundaries of areas where surface coal mining
						operations are prohibited under the Act and these regulations.
Fugitive Dust - that particulate matter not emitted from
						a duct or stack which becomes airborne due to the forces of wind or surface
						coal mining and reclamation operations or both. During surface coal mining and
						reclamation operations it may include emissions from haulroads, wind erosion of
						exposed surfaces, storage piles, spoil piles, reclamation operations and other
						activities in which material is either removed, stored, transported or
						redistributed.
Fund - the Abandoned Mine Reclamation Fund established
						pursuant to § 401 of SMCRA.
Government-Financed Construction - construction funded 50
						percent or more by funds appropriated from a government financing agency's
						budget or obtained from general revenue bonds, but shall not mean government
						financing agency guarantees, insurance, loans, funds obtained through
						industrial revenue bonds or their equivalent or in kind payments.
Government Financing Agency - a federal, state, county
						municipal or local unit of government, or a Department, bureau, agency or
						office of the unit which directly, or through another unit of government,
						finances construction.
Ground Cover - the area of ground covered by the combined
						aerial parts of vegetation and the litter that is produced naturally on site,
						expressed as a percentage of the total area of measurement.
Groundwater - subsurface water that fills available
						openings in rock or soil materials to the extent that they are considered
						water-saturated.
Half-Shrub - a perennial plant with a woody base whose
						annually produced stems die back each year.
Head-of-Hollow Fill - a fill structure consisting of any
						material, other than coal-processing waste and organic material, placed in the
						uppermost reaches of a hollow where side slopes of the existing hollow measured
						at the steepest point are greater than 20 degrees or the average slope of the
						profile of the hollow from the toe of the fill to the top of the fill is
						greater than 10 degrees. In fills with less than 250,000 cubic yards of
						material, associated with contour mining, the top surface of the fill will be
						at the elevation of the coal seam. In all other head-of-hollow fills, the top
						surface of the fill, when completed, is at approximately the same elevation as
						the adjacent ridge line, and no significant area of natural drainage occurs
						above the fill draining into the fill area.
Higher or Better Uses - postmining land uses that have a
						higher economic value or nonmonetary benefit to the landowner or the community
						than the premining land uses.
Highwall - the face of exposed overburden and coal in an
						open cut of a surface coal mining activity or for entry to underground mining
						activities.
Historically Used for Cropland -
(a) lands that have been used for cropland for any five
						or more years out of the 10 years immediately preceding the acquisition,
						including purchase, lease or option of the land for the purpose of conducting
						or allowing through resale, lease or option the conduct of surface coal mining
						and reclamation operations;
(b) lands that the Department determines, on the basis of
						additional cropland history of the surrounding lands and the lands under
						consideration, that the permit area is clearly cropland but falls outside the
						specific five-year-in-10 criterion, in which case the regulations for prime
						farmland may be applied to include more years of cropland history only to
						increase the prime farmland acreage to be preserved; or
(c) lands that would likely have been used as cropland
						for any five out of the last 10 years immediately preceding such acquisition,
						but for the same fact of ownership or control of the land unrelated to the
						productivity of the land.
Historic Lands - historic or cultural districts, places,
						structures or objects, including archaeological sites, National Historic
						Landmark sites, sites listed on or eligible for listing on a State or National
						Register of Historic Places, sites having religious or cultural significance to
						Native Americans or religious groups or sites for which historic designation is
						pending.
Hydrologic Balance - the relationship between the quality
						and quantity of water inflow to, water outflow from and water storage in a
						hydrologic unit such as a drainage basin, aquifer, soil zone, lake or
						reservoir. It encompasses the dynamic relationships between precipitation,
						runoff, evaporation and changes in surface- and ground-water storage.
Hydrologic Regime - the entire state of water movement in
						a given area. It is a function of the climate and includes the phenomena by
						which water first occurs as atmospheric water vapor, passes into a liquid or
						solid form, falls as precipitation, moves along or into the ground surface and
						returns to the atmosphere as vapor by means of evaporation and
						transpiration.
Immediate Mining Area - as used in the definition of Road
						in this section, means an area of mining activity or pre-mining construction
						activity covered by a construction stormwater pollution prevention plan or,
						after construction is completed, situated so that surface water run-off will be
						routed to an approved water control structure such as a sedimentation pond.
						Routes of travel within the immediate mining area will be either: consumed by
						mining; reclaimed; or have design plans submitted for approval as permanent
						postmine features prior to Phase II bond release.
Imminent Danger to the Health and Safety of the Public -
						the existence of any condition or practice, or any violation of a permit or
						other requirement of these regulations in a surface coal mining and reclamation
						operation, which condition, practice or violation could reasonably be expected
						to cause substantial physical harm to persons outside the permit area before
						such condition, practice or violation can be abated. A reasonable expectation
						of death or serious injury before abatement exists if a rational person,
						subjected to the same conditions or practices giving rise to the peril, would
						not expose himself or herself to the danger during the time necessary for
						abatement.
Impounding Structure - a dam, embankment or other
						structure used to impound water, slurry or other liquid or semi-liquid
						material.
Impoundment - a closed basin, naturally formed or
						artificially built, which is dammed or excavated for the retention of water,
						sediment or waste.
Indian Lands - all lands, including mineral interests,
						within the exterior boundaries of any federal Indian reservation,
						notwithstanding the issuance of any patent, and including rights-of-way, and
						all lands including mineral interests held in trust for or supervised by an
						Indian tribe.
Indian Tribe - any Indian tribe, band, group or community
						located within the state of Mississippi having a governing body recognized by
						the secretary of interior.
Indirect Financial Interest - the same financial
						relationship as for direct ownership, but where the employee reaps the benefits
						of such interests, including interests held by his or her spouse, minor child
						and other relatives, including in-laws, residing in the employee's home. The
						employee will not be deemed to have an indirect financial interest if there is
						no relationship between the employee's functions or duties and the coal mining
						operation in which the spouse, minor children or other resident relatives hold
						a financial interest.
In Situ Processes - activities conducted on the surface
						or underground in connection with in-place processing of coal. The term
						includes, but is not limited to, in situ gasification, in situ leaching, slurry
						mining, solution mining, borehole mining and fluid recovery mining.
Interested Party - any person claiming an interest
						relating to the surface coal mining operation and who is so situated that the
						person may be affected by that operation, or in the matter of regulations
						promulgated by the Commission, any person who is so situated that the person
						may be affected by the action.
Intermittent Stream - a stream or reach of a stream that
						drains a watershed of at least one square mile or a stream or reach of a stream
						that is below the local water table for at least some part of the year and
						obtains its flow from surface runoff and groundwater discharge.
Irreparable Damage to the Environment - any damage to the
						environment that cannot be corrected by actions of the applicant.
Knowing or Knowingly - means that a person who
						authorized, ordered, or carried out an act or omission knew or had reason to
						know that the act or omission would result in either a violation or a failure
						to abate or correct a violation.
Land Use - specific use or management-related activity,
						rather than the vegetation or cover of the land. Land uses may be identified in
						combination when joint or seasonal uses occur. Changes of land use or uses from
						one of the following categories to another shall be considered as a change to
						an alternative land use which is subject to approval by the Permit
						Board:
(a) Cropland - land used for the production of adapted
						crops for harvest, alone or in a rotation with grasses and legumes, and
						includes row crops, small grain crops, hay crops, nursery crops, orchard crops
						and other similar specialty crops. Land used for facilities in support of
						cropland farming operations which is adjacent to or an integral part of these
						operations is also included for purposes of these land use categories.
(b) Pastureland - or Land Occasionally Cut for Hay - land
						used primarily for the long-term production of adapted, domesticated forage
						plants to be grazed by livestock or occasionally cut and cured for livestock
						feed. Land used for facilities in support of pastureland or land occasionally
						cut for hay which is adjacent to or an integral part of these operations is
						also included.
(c) Grazing land - includes both grasslands and forest
						lands where the indigenous vegetation is actively managed for grazing, browsing
						or occasional hay production. Land used for facilities in support of ranching
						operations which is adjacent to or an integral part of these operations is also
						included.
(d) Forestry - land used or managed for the long-term
						production of wood, wood fiber or wood derived products. Land used for
						facilities in support of forest harvest and management operations which is
						adjacent to or an integral part of these operations is also included.
(e) Residential - includes single- and multiple-family
						housing, mobile home parks and other residential lodgings. Land used for
						facilities in support of residential operations which is adjacent to or an
						integral part of these operations is also included. Support facilities include,
						but are not limited to, vehicle parking and open space that directly relate to
						the residential use.
(f) Industrial/Commercial - land used for:
(1) extraction or transformation of materials for
						fabrication of products, wholesaling of products or for long-term storage of
						products. This includes all heavy and light manufacturing facilities such as
						lumber and wood processing, chemical manufacturing, petroleum refining and
						fabricated metal products manufacture. Land used for facilities in support of
						these operations which is adjacent to or an integral part of that operation is
						also included. Support facilities include, but are not limited to, all rail,
						road and other transportation facilities.
(2) retail or trade of goods or services, including
						hotels, motels, stores, restaurants and other commercial establishments. Land
						used for facilities in support of commercial operations which is adjacent to or
						an integral part of these operations is also included. Support facilities
						include, but are not limited to, parking, storage or shipping
						facilities.
(g) Recreation - land used for public or private
						leisure-time use, including developed recreation facilities such as parks,
						camps and amusement areas, as well as areas for less intensive uses such as
						hiking, canoeing and other undeveloped recreational uses.
(h) Fish and Wildlife Habitat - land dedicated wholly or
						partially to the production, protection or management of species of fish or
						wildlife.
(i) Developed Water Resources - land used for storing
						water for beneficial uses such as stock ponds, irrigation, fire protection,
						flood control and water supply.
(j) Undeveloped Land or No Current Use or Land Management
						- land that is undeveloped or, if previously developed, land that has been
						allowed to return naturally to an undeveloped state or has been allowed to
						return to forest through natural succession.
Liabilities - obligations to transfer assets or provide
						services to other entities in the future as a result of past
						transactions.
MSHA - the federal Mine Safety and Health
						Administration.
Modification - any change to a permit or reclamation plan
						that significantly changes, or has the reasonable potential significantly to
						change, the effect of the mining operation on either those persons impacted by
						the permitted operations or on the environment.
Moist Bulk Density - the weight of soil (oven dry) per
						unit volume. Volume is measured when the soil is at field moisture capacity
						(one third bar moisture tension). Weight is determined after drying the soil at
						105° C.
Monitoring - as used in Rule 27, the collection of
						environmental data by either continuous or periodic sampling methods.
Mulch - vegetation residues or other suitable materials
						that aid in soil stabilization and soil moisture conservation, thus providing
						micro-climatic conditions suitable for germination and growth.
Natural Hazard Lands - geographic areas in which natural
						conditions exist which pose or, as a result of surface coal mining operations,
						may pose a threat to the health, safety or welfare of people, property or the
						environment, including areas subject to landslides, cave-ins, large or
						encroaching sand dunes, severe wind or soil erosion, frequent flooding,
						avalanches and areas of unstable geology.
Net Worth - total assets minus total liabilities;
						equivalent to owner's equity.
Net Profit - the bottom line of the income statement
						after taxes, including taxes based on income, adjustments, all extraordinary
						income and expense, but before preferred and common stock dividends.
Noxious Plants - species that have been included on
						official Mississippi state lists of noxious plants.
Occupied Dwelling - any building that is currently being
						used on a regular or temporary basis for human habitation.
Office of Geology - the Office of Geology and Energy
						Resources of the Department, as created by Miss. Code Ann. §
											49-2-7(a).
Operator - any person, partnership or corporation engaged
						in coal mining who removes or intends to remove more than 250 tons of coal from
						the earth by surface coal mining methods within 12 consecutive calendar months
						in any one location.
OSM or OSMRE - the federal Office of Surface Mining
						Reclamation and Enforcement, which was established to administer the Surface
						Mining Control and Reclamation Act of 1977 ( Pub. L. 95-87 ).
Other Treatment Facilities - any chemical treatments,
						such as flocculation or neutralization, or mechanical structures, such as
						clarifiers or precipitators, that have a point-source discharge and that are
						utilized to prevent additional contributions of dissolved or suspended solids
						to streamflow or runoff outside the permit area, or to comply with all
						applicable state and federal water-quality laws and regulations.
Outslope - the face of the spoil or embankment sloping
						downward from the highest elevation to the toe.
Overburden - material of any nature, consolidated or
						unconsolidated, that overlies a coal deposit, excluding topsoil.
Owned or Controlled - and Owns or Controls - any one or a
						combination of the relationships specified in a and b below.
(a)
(1) being a permittee of a surface coal mining
						operation;
(2) based on instrument of ownership or voting
						securities, owning of record in excess of 50 percent of an entity; or
(3) having any other relationship which gives one person
						authority directly or indirectly to determine the manner in which an applicant,
						an operator or other entity conducts surface coal mining operations.
(b) The following relationships are presumed to
						constitute ownership or control unless a person can demonstrate that the person
						subject to the presumption does not in fact have the authority directly or
						indirectly to determine the manner in which the relevant surface coal mining
						operation is conducted:
(1) being an officer or director of an entity;
(2) being the operator of a surface coal mining
						operation;
(3) having the ability to commit the financial or real
						property assets or working resources of an entity;
(4) being a general partner in a partnership;
(5) based on the instruments of ownership or the voting
						securities of a corporate entity, owning of record 10 through 50 percent of the
						entity; or
(6) owning or controlling coal to be mined by another
						person under a lease, sublease or other contract and having the right to
						receive such coal after mining or having authority to determine the manner in
						which that person or another person conducts a surface coal mining operation.
Ownership or Control Link - any relationship included in
						the definition of "owned or controlled" or "owns or controls" or in the
						violations review provisions of § 3112(b). It includes any relationship
						presumed to constitute ownership or control under the definition of "owned or
						controlled" or "owns or controls," unless such presumption has been
						successfully rebutted under the provisions of §§ 3135 and 3137 or
						under the provisions of rule 33.
Parent Corporation - a corporation which owns or controls
						the applicant.
Perennial Stream - a stream or part of a stream that
						flows continuously during all of the calendar year as a result of ground-water
						discharge or surface runoff. The term does not include intermittent stream or
						ephemeral stream.
Performance Bond - a surety bond, collateral bond, letter
						or letters of credit, or self-bond, or a combination thereof, by which a
						permittee assures faithful performance of all the requirements of the act,
						these regulations, this program and the requirements of the permit and
						reclamation plan.
Permanent Diversion - a diversion remaining after surface
						coal mining and reclamation operations are completed which has been approved
						for retention by the Permit Board.
Permanent Impoundment - an impoundment which is approved
						by the Permit Board and, if required, by other state and federal agencies, for
						retention as part of the postmining land use.
Permit - a permit to conduct surface coal mining and
						reclamation operations issued by the Permit Board. The term does not include
						exploration permits.
Permit Area - the area of land, indicated on the approved
						map submitted by the operator with his or her application, required to be
						covered by the operator's performance bond under these regulations and which
						shall include the area of land upon which the operator proposes to conduct
						surface coal mining and reclamation operations under the permit, including all
						disturbed areas; provided, that areas adequately bonded under another valid
						permit may be excluded from the permit area.
Permit Board - the Mississippi Environmental Quality
						Permit Board created by Miss. Code Ann. §
											49-17-28.
Permittee - a person holding a permit or persons required
						to have a permit to conduct surface coal mining and reclamation
						operations.
Person - an individual, partnership, association,
						society, joint venture, joint stock company, firm, company, corporation,
						cooperative or other business organization and any agency, unit, or
						instrumentality of federal, state or local government including any publicly
						owned utility or publicly owned corporation of federal state or local
						government.
Precipitation Event - a quantity of water resulting from
						drizzle, rain, snow, sleet or hail in a limited period of time. It may be
						expressed in terms of recurrence interval. As used in these regulations,
						precipitation event also includes that quantity of water emanating from snow
						cover as snow-melt in a limited period of time.
Previously mined area - land affected by surface coal
						mining operations prior to August 3, 1977, that has not been reclaimed to the
						standards of these regulations.
Prime Farmland - farmland as defined by the United States
						Secretary of Agriculture on the basis of factors such as moisture availability,
						temperature regime, chemical balance, permeability, surface layer composition,
						susceptibility to flooding and erosion characteristics, and which historically
						have been used for intensive agricultural purposes, and as published in the
						federal register.
Principal Shareholder - any person who is the record or
						beneficial owner of 10 percent or more of any class of voting stock.
Probable Cumulative Impacts - as used in Rule 25, the
						expected total qualitative and quantitative, direct and indirect effects of
						mining and reclamation activities on the hydrologic regime.
Probable Hydrologic Consequence - as used in Rule 25, the
						projected result of proposed surface coal mining and reclamation operations
						which may reasonably be expected to change the quantity or quality of the
						surface water and ground water, the surface- or ground-water flow, timing and
						pattern, the stream channel conditions, and the aquatic habitat on the permit
						area and other affected areas.
Prohibited Financial Interest - any direct or indirect
						financial interest in any coal mining operation.
Property to be Mined - both the surface and subsurface
						areas underneath lands which are within the permit area.
Public Building - any structure that is owned by a public
						agency or used principally for public business, meetings or other group
						gatherings.
Public Hearing, informal hearing, or public meeting - a
						public forum organized by the Commission, Department or Permit Board for the
						purpose of providing information to the public regarding a surface coal mining
						and reclamation operation or regulations proposed by the Commission and at
						which members of the public are allowed to make comments or ask questions or
						both of the Commission, Department or Permit Board.
Public Office - a facility under the direction and
						control of a governmental entity which is open to public access on a regular
						basis during reasonable business hours.
Public Park - an area dedicated or designated by a
						federal, state or local agency for primarily public recreational use, whether
						or not such use is limited to certain times or days, including any land leased,
						reserved or held open to the public because of that use. The term also includes
						any publicly-owned park as defined in 30 CFR § 761.5.
Public Road - a road:
(a) which has been designated as a public road pursuant
						to the laws of the jurisdiction in which it is located;
(b) which is maintained with public funds in a manner
						similar to other public roads of the same classification within the
						jurisdiction;
(c) for which there is substantial (more than incidental)
						public use; and
(d) which meets road construction standards for other
						public roads of the same classification in the local jurisdiction.
Quick Assets - cash and current assets that can be
						quickly turned into cash.
Rangeland - land on which the natural potential (climax)
						plant cover is principally native grasses, forbs and shrubs valuable for
						forage. This land includes natural grasslands and savannahs, such as prairies,
						and juniper savannahs, such as brushlands. Except for brush control, management
						is primarily achieved by regulating the intensity of grazing and season of
						use.
Recharge Capacity - the ability of the soils and
						underlying materials to allow precipitation and runoff to infiltrate and reach
						the zone of saturation.
Reclamation - those actions taken to restore mined land
						as required by these regulations to a post-mining land use approved by the
						Permit Board.
Recurrence Interval - the interval of time in which a
						precipitation event is expected to occur once, on the average. For example, a
						10-year, 24-hour precipitation event would be that 24-hour precipitation event
						expected to occur on the average once in 10 years.
Reference Area - a land unit maintained under appropriate
						management for the purpose of measuring vegetation ground cover, productivity
						and plant species diversity that are produced naturally by approved crop
						production methods. Reference areas must be representative of geology, soil,
						slope and vegetation in the permit area.
Refuse Pile - a surface deposit of coal mine waste that
						does not impound water, slurry or other liquid or semiliquid material.
Regional Director - a regional director of the federal
						office or a regional director's representative.
Registered Professional Engineer - shall mean a person
						who has met the qualifications as required under §
											73-13-23(1)
						and who has been issued a certificate of registration by the Mississippi State
						Board of Registration for Professional Engineers and Land Surveyors.
Registered Professional Geologist - means a geologist who
						has met the academic and experience qualifications established by the
						Mississippi Board of Professional Geologists and has been issued a certificate
						of registration as a registered professional geologist by the Mississippi Board
						of Professional Geologists pursuant to § 73-63 et sec.
Regulatory Authority - the Department or agency in each
						State which has primary responsibility at the State level for administering the
						initial regulatory program under Section 502 of SMCRA, or the State agency
						responsible for administering the State regulatory program, or the Secretary
						when the Secretary is directly administering the requirements of SMCRA, or the
						Secretary when administering a Federal program or Federal lands program or when
						enforcing a State program pursuant to section 521(b) of SMCRA.
Regulatory Program - any State or Federal program or, in
						a State with no approved State or Federal program and coal exploration and
						surface coal mining and reclamation operations are on Federal lands, the
						requirements of Subchapters A, F, G, J, K, L, M, and P of 30 CFR Chapter
						VII.
Renewable Resource Lands - aquifers and areas for the
						recharge of aquifers and other underground waters; areas for agricultural or
						silvicultural production of food and fiber; and grazing lands.
Replacement of Water Supply - with respect to protected
						water supplies contaminated, diminished, or interrupted by coal mining
						operations, provision of water supply on both a temporary and permanent basis
						equivalent to premining quantity and quality. Replacement includes provision of
						an equivalent water delivery system and payment of operation and maintenance
						costs in excess of customary and reasonable delivery costs for premining water
						supplies.
(a) upon agreement by the permittee and the water supply
						owner, the obligation to pay such operation and maintenance costs may be
						satisfied by a one-time payment in an amount which covers the present worth of
						the increased annual operation and maintenance costs for a period agreed to by
						the permittee and the water supply owner.
(b) if the affected water supply was not needed for the
						land use in existence at the time of loss, contamination, or diminution, and if
						the supply is not needed to achieve the postmining land use, replacement
						requirements may be satisfied by demonstrating that a suitable alternative
						water source is available and could feasibly be developed. If the latter
						approach is selected, written concurrence must be obtained from the water
						supply owner.
Retained Earnings - stockholder's equity that has arisen
						from retained assets from earnings in the business. This shall include only
						earnings from normal operations and not gains from such transactions as the
						sale of plant assets or investments.
Return on Investment - the relation of net profit for the
						last yearly period to ending net worth.
Revision - any change to the permit or reclamation plan
						that does not significantly change the effect of the mining operation on either
						those persons impacted by the permitted operations or on the environment,
						including, but not limited to, incidental boundary changes to the permit area
						or a departure from or change within the permit area, incidental changes in the
						mining method or incidental changes in the reclamation plan.
Road - a surface right-of-way for purposes of travel by
						land vehicles used in surface coal mining and reclamation operations, coal
						exploration, or development operations. A road consists of the entire area
						within the right-of-way, including the roadbed, shoulders, parking and side
						areas, approaches, structures, ditches and surface. The term includes access
						and haulroads constructed, used, reconstructed, improved or maintained for use
						in surface coal mining and reclamation operations, coal exploration, or
						development operations, including use by coal hauling vehicles to and from
						transfer, processing or storage areas. The term does not include ramps and
						routes of travel within the immediate mining area or within spoil or coal mine
						waste disposal areas.
Safety Factor - the ratio of the available shear strength
						to the developed shear stress, or the ratio of the sum of the resisting forces
						to the sum of the loading or driving forces, as determined by accepted
						engineering practices.
Secretary of Interior - the secretary of the United
						States Department of the Interior.
Sedimentation Pond - an impoundment used to remove solids
						from water in order to meet water quality standards or effluent limitations
						before the water leaves the permit area.
Self-Bond - an indemnity agreement in a sum certain
						payable to the Commission, with or without separate surety, and executed by the
						applicant or by the applicant and any corporate guarantor.
Significant Forest Cover - an existing plant community
						consisting predominantly of trees and other woody vegetation.
Significant, Imminent Environmental Harm to Land, Air or
						Water Resources -
(a) an environmental harm is an adverse impact on land,
						air or water resources which include plant and animal life;
(b) an environment harm is imminent, if a condition,
						practice or violation exists which is causing harm or may reasonably be
						expected to cause harm before the end of the reasonable abatement time that
						would be set under Miss. Code Ann. §
											53-9-69(1)(c)(i);
						or
(c) an environmental harm is significant if it is a harm
						which is appreciable and not immediately repairable.
Significant Recreational, Timber, Economic or Other
						Values Incompatible with Surface Coal Mining Operations - those values to be
						evaluated for their significance which could be damaged and are not capable of
						existing together with surface coal mining operations because of the
						undesirable effects mining would have on those values, either on the area
						included in the permit application or on other affected areas. Those values to
						be evaluated for their importance include:
(a) recreation, including hiking, boating, camping,
						skiing or other related outdoor activities;
(b) timber management and silviculture;
(c) agriculture, aquaculture or production of other
						natural, processed or manufactured products which enter commerce; and
(d) scenic, historic, archaeologic, esthetic, fish,
						wildlife, plants or cultural interests.
Siltation Structure - a sedimentation pond, a series of
						sedimentation ponds or other treatment facility.
Slope - the average inclination of a surface, measured
						from the horizontal, generally expressed as the ratio of a unit of vertical
						distance to a given number of units of horizontal distance (e.g., 1v:5h). It
						may also be expressed as a percent or in degrees.
SMCRA - the federal Surface Mining Control and
						Reclamation Act of 1977 ( Pub. L. 95-87 ), as amended.
Soil Horizons - contrasting layers of soil parallel or
						nearly parallel to the land surface. Soil horizons are differentiated on the
						basis of field characteristics and laboratory data. The four major soil
						horizons are:
(a) A Horizon - the uppermost mineral layer, often called
						the surface soil. It is the part of the soil in which organic matter is most
						abundant and leaching of soluble or suspended particles is typically the
						greatest.
(b) E Horizon - the layer commonly near the surface below
						an A horizon and above a B horizon. An E horizon is most commonly
						differentiated from an overlying A horizon by a lighter color and generally has
						measurably less organic matter than the A horizon. An E horizon is most
						commonly differentiated from an underlying B horizon in the same sequum by
						color of higher value or lower chrome, by coarser texture, or by a combination
						of these properties.
(c) B Horizon - the layer that typically is immediately
						beneath the E horizon and often called the subsoil. This middle layer commonly
						contains more clay, iron or aluminum than the A or C horizon.
(d) C Horizon - the deepest layer of the soil profile. It
						consists of loose material or weathered rock that is relatively unaffected by
						biologic activity.
Soil Survey - a field and other investigation, resulting
						in a map showing the different kinds of soils and an accompanying report that
						describes, classifies and interprets such soils for use. Soil surveys must meet
						the standards of the National Cooperative Soil Survey as incorporated by
						reference in § 2907 (a) (1).
Spoil - overburden that has been removed during surface
						coal mining operations.
Stabilize - to control movement of soil, spoil piles or
						areas of disturbed earth by modifying the geometry of the mass or by otherwise
						modifying physical or chemical properties, such as by providing a protective
						surface coating.
State Geologist - the head of the Office of Geology and
						Energy Resources of the Department.
State Regulatory Authority - the Mississippi Department
						of Environmental Quality.
State Violation Notice - a violation notice issued by the
						Department, the Commission, the state regulatory authority of another state, or
						by another agency or instrumentality of State government.
Steep Slope - any slope of more than 20 degrees or such
						lesser slope as may be designated by the Department after consideration of
						soil, climate and other characteristics of a region.
Substantial Legal and Financial Commitments - significant
						investments that have been made on the basis of a long-term coal contract in
						power plants, railroads, coal-handling, preparation, extraction or storage
						facilities and other capital intensive activities. Costs of acquiring the coal
						in place or the right to mine it alone without other significant investments,
						as described above, are not sufficient to constitute substantial legal and
						financial commitments.
Substantially Disturb - for purposes of coal exploration,
						to significantly impact land or water resources by blasting; by removal of
						vegetation, topsoil or overburden; by construction of roads or other access
						routes; by placement of excavated earth or waste material on the natural land
						surface or by other such activities; or to remove more than 250 tons of
						coal.
Successor in Interest - any person who succeeds to rights
						granted under a permit by transfer, assignment or sale of those rights.
Surety Bond - an indemnity agreement in a sum certain
						payable to the Commission executed by the permittee which is supported by the
						performance guarantee of a corporation licensed to do business as a surety in
						this state.
Surface Coal Mining Operations - shall have the same
						definition provided in Miss. Code Ann. §
											53-9-7(z).
Surface Coal Mining and Reclamation Operations - surface
						coal mining operations and all activities necessary or incidental to the
						reclamation of such operations. This term includes the term surface coal mining
						operations.
Surface Mining Activities - those surface coal mining and
						reclamation operations incident to the extraction of coal from the earth by
						removing the materials over a coal seam before recovering the coal, by auger
						coal mining or by recovery of coal from a deposit that is not in its original
						geologic location.
Suspended Solids or Nonfilterable Residue, Expressed as
						Milligrams per Liter - organic or inorganic materials carried or held in
						suspension in water which are retained by a standard glass fiber filter in the
						procedure outlined by the Environmental Protection Agency's regulations for
						waste water analyses ( 40 CFR 136 ).
Tangible Net Worth - net worth minus intangibles such as
						goodwill and rights to patents or royalties.
Temporary Diversion - a diversion of a stream or overland
						flow which is used during coal exploration or surface mining and reclamation
						operations and not approved by the Department to remain after reclamation as
						part of the approved post-mining land use.
Temporary Impoundment - an impoundment used during
						surface coal mining and reclamation operations, but not approved by the
						Department to remain as part of the approved postmining land use.
Ton - 2,000 pounds avoirdupois (0.90718 metric
						ton).
Topsoil - the A and E soil horizon layers of the four
						master soil horizons.
Toxic-Forming Materials - earth minerals or wastes which,
						if acted upon by air, water, weathering or micro-biological processes, are
						likely to produce chemical or physical conditions in soils or water that are
						detrimental to biota or uses of water.
Toxic Mine Drainage - water that is discharged from
						active or abandoned mines or other areas affected by coal exploration or
						development operations or surface coal mining and reclamation operations, which
						contains a substance that through chemical action or physical effects is likely
						to kill, injure or impair biota commonly present in the area that might be
						exposed to it.
Transfer, Assignment or Sale of Rights - a change in
						ownership or other effective control over the right to conduct surface coal
						mining operations under a permit issued by the Permit Board.
Unanticipated event or condition - an event or condition
						related to prior mining activity which arises from a surface coal mining and
						reclamation operation on lands eligible for remining and was not contemplated
						by the applicable permit.
Unwarranted Failure to Comply - the failure of a
						permittee to prevent or abate the occurrence of any violation of his permit or
						any requirement of these regulations due to indifference, lack of diligence or
						lack of reasonable care.
Valid Rights - as used in §
											53-9-71(4)
						of the Act means Valid Existing Rights.
Valid Existing Rights - means a set of circumstances
						under which a person may, subject to Permit Board approval, conduct surface
						coal mining operations on lands where
						30 U.S.C.
						1272(e),
						30
						CFR § 761.11, Miss. Code Ann. §
											53-9-71,
						or § 1105 of these regulations would otherwise prohibit such operations.
						Possession of valid existing rights only confers an exception from the
						prohibitions of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						and § 1105 of these regulations. A person seeking to exercise valid
						existing rights must comply with all other pertinent requirements of the SMCRA,
						the Act, federal regulations promulgated under SMCRA, and these
						regulations.
(a) Property rights demonstration. Except as provided in
						paragraph (c) of this definition, a person claiming valid existing rights must
						demonstrate that a legally binding conveyance, lease, deed, contract, or other
						document vests that person, or a predecessor in interest, with the right to
						conduct the type of surface coal mining operations intended. This right must
						exist at the time that the land came under the protection of 30 CFR §
						761.11, 30 U.S.C. § 1272(e), Miss. Code Ann. §
											53-9-71,
						or § 1105 of these regulations. Applicable Mississippi law will govern
						interpretation of documents relied upon to establish property rights, unless
						Federal law provides otherwise. If no applicable Mississippi law exists, custom
						and generally accepted usage at the time and place that the documents came into
						existence will govern their interpretation.
(b) Except as provided in paragraph (c) of this
						definition, a person claiming valid existing rights also must demonstrate
						compliance with one of the following standards:
(1) Good faith/all permits standard. All permits and
						other authorizations required to conduct surface coal mining operations had
						been obtained, or a good faith effort to obtain all necessary permits and
						authorizations had been made, before the land came under the protection of 30
						CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 of these regulations. At a minimum, an application must have
						been submitted for any permit required under the Act and these
						regulations.
(2) Needed for and adjacent standard. The land is needed
						for and immediately adjacent to a surface coal mining operation for which all
						permits and other authorizations required to conduct surface coal mining
						operations had been obtained, or a good faith attempt to obtain all permits and
						authorizations had been made, before the land came under the protection of 30
						CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 of these regulations. To meet this standard, a person must
						demonstrate that prohibiting expansion of the operation onto that land would
						unfairly impact the viability of the operation as originally planned before the
						land came under the protection of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 of these regulations. Except for operations in existence before
						August 3, 1977, or for which a good faith effort to obtain all necessary
						permits had been made before August 3, 1977, this standard does not apply to
						lands already under the protection of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 of these regulations when the regulatory authority approved the
						permit for the original operation or when the good faith effort to obtain all
						necessary permits for the original operation was made. In evaluating whether a
						person meets this standard, the Permit Board may consider factors such as:
(i) The extent to which coal supply contracts or other
						legal and business commitments that predate the time that the land came under
						the protection of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 depend upon use of that land for surface coal mining
						operations;
(ii) The extent to which plans used to obtain financing
						for the operation before the land came under the protection of 30 CFR §
						761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 of these regulations rely upon use of that land for surface coal
						mining operations;
(iii) The extent to which investments in the operation
						before the land came under the protection of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 rely upon use of that land for surface coal mining operations;
						and
(iv) Whether the land lies within the area identified on
						the life-of-mine map submitted pursuant to § 1907(f) before the land came
						under the protection of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105.
(c) Roads. A person who claims valid existing rights to
						use or construct a road across the surface of lands protected by 30 CFR §
						761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105 must demonstrate that one or more of the following circumstances
						exist if the road is included within the definition of "surface coal mining
						operations" in § 105 of these regulations:
(1) The road existed when the land upon which it is
						located came under the protection of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105, and the person has a legal right to use the road for surface
						coal mining operations.
(2) A properly recorded right of way or easement for a
						road in that location existed when the land came under the protection of 30 CFR
						§ 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105, and, under the document creating the right of way or easement,
						and under subsequent conveyances, the person has a legal right to use or
						construct a road across the right of way or easement for surface coal mining
						operations.
(3) A valid permit for use or construction of a road in
						that location for surface coal mining operations existed when the land came
						under the protection of 30 CFR § 761.11,
						30 U.S.C.
						1272(e), Miss. Code Ann.
						§
											53-9-71,
						or § 1105.
(4) Valid existing rights exist under paragraphs (a) and
						(b) of this definition.
Valley Fill - a fill structure consisting of any material
						other than coal waste and organic material that is placed in a valley where
						side slopes of the existing valley measured at the steepest point are greater
						than 20 degrees or the average slope of the profile of the valley from the toe
						of the fill to the top of the fill is greater than 10 degrees.
Violation, Failure or Refusal -
(a) a violation of a condition of a permit issued
						pursuant to the act and these regulations; or
(b) a failure or refusal to comply with any order issued
						by the Commission.
Violation, when used in the context of the permit
						application information or permit eligibility requirements of these
						regulations, means -
(a) A failure to comply with an applicable provision of a
						Federal or State law or regulation pertaining to air or water environmental
						protection, as evidenced by a written notification from a governmental entity
						to the responsible person; or
(b) A noncompliance for which OSM has provided one or
						more of the following types of notice or a State regulatory authority has
						provided equivalent notice under corresponding provisions of a State regulatory
						program:
1 A notice of violation under these regulations.
2 A cessation order under these regulations.
3 A final order, bill, or demand letter pertaining to a
						delinquent civil penalty assessed under these regulations.
4 A bill or demand letter pertaining to a delinquent
						reclamation fees owed under these regulations.
5 A notice of bond forfeiture under these regulations
						when:
(i) One or more violations upon which the forfeiture was
						based have not been abated or corrected.
(ii) The amount forfeited and collected is insufficient
						for full reclamation under these regulations, the regulatory authority orders
						reimbursement for additional reclamation costs, and the person has
(iii) The site is covered by an alternative bonding
						system approved under these regulations, that system requires reimbursement of
						any reclamation costs incurred by the system above those covered by any
						site-specific bond, and the person has not complied with the reimbursement
						requirement and paid any associated penalties.
Violation Notice - any written notification from a
						governmental entity, whether by letter, memorandum, judicial or administrative
						pleading, or other written communication, of a violation of the Act; any
						Federal rule or regulation promulgated pursuant thereto; a State program; or
						any Federal or State law, rule, or regulation pertaining to air or water
						environmental protection in connection with a surface coal mining operation. It
						includes, but is not limited to, a notice of violation; an imminent harm
						cessation order; a failure-to-abate cessation order; a final order, bill, or
						demand letter pertaining to a delinquent civil penalty; a bill or demand letter
						pertaining to delinquent abandoned mine reclamation fees; and a notice of bond
						forfeiture, where one or more violations upon which the forfeiture was based
						have not been corrected.
Water Table - the upper surface of a zone of saturation,
						where the body of ground water is not confined by an overlying impermeable
						zone.
Willfully - that a person acted: (1) either
						intentionally, voluntarily or consciously; and (2) with intentional disregard
						or plain indifference to legal requirements in authorizing, ordering or
						carrying out a corporate permittee's action or omission that constituted a
						violation, failure, refusal, or failure to abate or correct.
Willful Violation - an act or omission which violates the
						act, state or federal laws or regulations or individual permit conditions,
						committed by a person who intends the result which actually occurs.
Working Capital - the excess of the operator's current
						assets over its current liabilities.