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 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-11 - Areas Designated by Act of Congress › Section 11-8-2.2-11-1107 - Procedures

Current through June 25, 2024
(a) Upon receipt of a complete application
					 for a surface coal mining and reclamation operation permit, or earlier, if
					 properly requested under § 1106, the Permit Board shall review the
					 application to determine whether surface coal mining operations are limited or
					 prohibited under § 1105 on the lands which would be disturbed by the
					 proposed operation.
(b) Where the
					 proposed operation would be located on any lands listed in § 1105, the
					 Permit Board shall deny the permit if the applicant has no valid existing
					 rights for the area. If the Department is unable to determine whether the
					 proposed operation is located within the boundaries of any of the lands in
					 § 1105(a) or closer than the limits provided in § 1105(f) or (g), the
					 Department shall transmit a copy of the relevant portions of the permit
					 application to the appropriate federal, state or local government agency for a
					 determination or clarification of the relevant boundaries or distances, with a
					 notice to the appropriate agency that it must respond within 30 days of receipt
					 of the request. The National Park Service or the U.S. Fish and Wildlife Service
					 shall be notified of any request for a determination of valid existing rights
					 pertaining to areas within the boundaries of areas under their jurisdiction and
					 shall have 30 days from receipt of the notification in which to respond. The
					 Department, upon request by the appropriate agency, shall grant an extension to
					 the 30-day period of an additional 30 days. If no response is received within
					 the 30-day period or within the extended period granted, the Permit Board may
					 make the necessary determination based on the information it has
					 available.
(c) Where the proposed
					 operation would include Federal lands within the boundaries of any national
					 forest, and the applicant seeks a determination that mining is permissible
					 under § 1105(b), the applicant shall submit a permit application to the
					 Permit Board and the Director for processing pursuant to 30 CFR pt. 740. Before
					 acting on the permit application, the Permit Board shall ensure that the
					 Secretary of the Interior's determination has been received and that all
					 findings required by the Act and SMCRA have been made.
(d) Where the mining operation is proposed to
					 be conducted within 100 feet, measured horizontally, of the outside
					 right-of-way line of any public road (except as provided in § 1105(d)(1)
					 or (2) or where the applicant proposes to relocate or close any public road,
					 the Permit Board or local governmental entity with authority over the public
					 road designated by the Permit Board shall:
(1)
					 require the applicant to obtain necessary approvals of the authority with
					 jurisdiction over the public road;
(2) provide an opportunity for a public
					 hearing in the locality of the proposed mining operation for the purpose of
					 determining whether the interests of the public and affected landowners will be
					 protected;
(3) if a public hearing
					 is requested, provide appropriate advance notice of the public hearing, to be
					 published in a newspaper of general circulation in the affected locale at least
					 2 weeks prior to the hearing; and
(4) make a written finding based upon
					 information received at the public hearing within 30 days after completion of
					 the hearing, or after any public comment period ends if no hearing is held, as
					 to whether the interests of the public and affected landowners will be
					 protected from the proposed mining operation. No mining shall be allowed within
					 100 feet of the outside right-of-way line of a road, nor may a road be
					 relocated or closed, unless the Permit Board or public road authority
					 determines that the interests of the public and affected landowners will be
					 protected.