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 4 - Lands Unsuitable for Mining › Rule 11-8-1.4.1 - Lands Designated as Unsuitable for Surface Mining

Current through June 25, 2024
A. To the extent that the Commission, the
				  Permit Board and the Department may exercise jurisdiction over the areas
				  specified in this rule, no surface mining operation shall be conducted on lands
				  which are part of a national park, national monument, national historic
				  landmark, any property listed on the national register of historic places,
				  national forest, national wilderness area, national wildlife refuge, national
				  wild or scenic river, state scenic stream, state park, state wildlife refuge,
				  state forest, recorded state historical landmark, state historic site, state
				  archaeological landmark or city or county park, forest or historical area. For
				  good cause shown and after any public hearing the Commission may elect to hold,
				  the Commission may make an exception to this rule.
B. With the assistance of the Mississippi
				  Commission on Wildlife, Fisheries and Parks and the Mississippi Department of
				  Marine Resources, the Commission shall identify and designate as unsuitable
				  certain lands for all or certain types of surface mining. Prior to an action by
				  the Commission to designate an area as unsuitable for surface mining, or prior
				  to an action by the Commission to remove an area from the list of lands
				  designated as unsuitable for surface mining, notice shall be given to
				  prospective operators and other interested parties as required by Miss. Code
				  Ann. § 25-43-7(1). The Commission may designate areas as unsuitable for
				  surface mining lands if the Commission determines:
(1) The operations will result in significant
				  damage to important areas of historic, cultural or archaeological value or to
				  important natural systems;
(2) The
				  operations will affect renewable resource lands resulting in a substantial loss
				  or reduction of long-range productivity of water supply or food or fiber
				  products, including aquifers and aquifer recharge areas;
(3) The operations are located in areas of
				  unstable geological formations and may reasonably be expected to endanger life
				  and property;
(4) The operations
				  will damage ecologically sensitive areas;
(5) The operations will significantly and
				  adversely affect any national park, national monument, national historic
				  landmark, property listed on the national register of historic places, national
				  forest, national wilderness area, national wildlife refuge, national wild or
				  scenic river area, state scenic stream, state park, state wildlife refuge,
				  state forest, recorded state historical landmark, state historic site, state
				  archaeological landmark, or city or county park;
(6) The operations will endanger any public
				  road, public building, cemetery, school, church or similar structure or
				  existing dwelling outside the permit area; or
(7) The operations and the affected area
				  cannot be feasibly reclaimed under the requirements of this chapter.