Alabama Administrative Code

The objectives of this Rule are to insure that all surface coal mining operations are conducted only by operators that have applied for and been issued a license in accordance with this Rule. Author: Notes Ala. Admin. Code r. 880-X-6A-.02 Statutory Authority: Code of Ala. 1975, §…

It is the responsibility of any person who intends to conduct surface coal mining operations to apply for and be issued a license. Author: Notes Ala. Admin. Code r. 880-X-6A-.03 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81.

This Rule applies to any person who intends to conduct surface coal mining operations, except as excluded in Section 31 of the Act, in the State of Alabama. Author: Notes Ala. Admin. Code r. 880-X-6A-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81.

(1) Any person intending to engage in surface coal mining operations after the effective date of the Act must: (a) File with the Commission an application for a license in accordance with the provisions of this Rule, or (b) Re-apply within 90 days of the effective date of the Act…

An applicant for a license shall file an application in a format prescribed by the Alabama Surface Mining Commission and where applicable the U. S. Department of Interior, Office of Surface Mining Reclamation and Enforcement which shall contain the following information, except t…

The initial fee for a license shall be: (a) $2,500.00 and shall be submitted with the application and made payable to the Alabama Surface Mining Commission. Notes Ala. Admin. Code r. 880-X-6A-.07 New Rule: Filed October 25, 2010; effective November 29, 2010; operative June 23, 20…

On or before January 1, of each year, the State Regulatory Authority shall send by certified mail to each licensee at the address shown in the license file a license update form (or the address of an internet site where the form may be obtained) which must be completed and return…

This Chapter established procedures for implementing the requirements of the Act for designating lands unsuitable for all or certain types of surface coal mining operations, for terminating such designations, for identifying lands on which surface coal mining operations are limit…

The objectives of this Chapter are to establish -- (a) Procedures for consideration of petitions for the designation of lands as unsuitable for all or certain types of surface coal mining operations, for the termination of these designations, and for public participation in petit…

(1) Each State Regulatory Authority is authorized, under Section 28(a)(1) of the Act to establish a data base and inventory system and a petition process to designate any non-Federal and non-Indian land areas of the State as unsuitable for all or certain types of surface coal min…

This Rule establishes the procedures and standards to be followed in determining whether a proposed surface coal mining operation can be permitted in light of the prohibitions and limitations in Section 28(e) of the Act for those types of operations on certain Federal, public and…

The objective of this Rule is to implement the prohibitions and limitations for surface coal mining operations on or near certain private, Federal, and other public lands under Section 28(e) of the Act. Author: Notes Ala. Admin. Code r. 880-X-7B-.02 Statutory Authority: Code of A…

The State Regulatory Authority is authorized by Section 28(a) and (e) of the Act to prohibit or limit surface coal mining operations on or near certain private, Federal, and other public lands, except for those operations which existed on August 3, 1977, or where subject to valid…

(1) The State Regulatory Authority shall -- (a) Determine 1. Whether an application for a permit must be denied because surface coal mining operations on those lands are prohibited or limited by Section 28(e) of the Act and this Rule; and 2. Whether an applicant for a permit cove…

(See Rule 880-X-2A-.06, Definitions.) Author: Notes Ala. Admin. Code r. 880-X-7B-.05 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 92, 96.

No person may conduct surface coal mining operations on the following lands without possessing valid existing rights, as determined under Rule 880-X-7B-.11, or qualifying for the exception for existing operations under Rule 880-X-7B-.07: (1) Any lands within the boundaries of:The…

(1) The prohibitions and limitations of Rule 880-X-7B-.06 do not apply to: (a) Surface coal mining operations for which a valid permit, issued under Chapter 880-X-8 of these regulations exists when the land comes under the protection of Rule 880-X-7B-.06. This exception applies o…

(1) If you intend to rely upon the exception provided in Rule 880-X-7B-.06(b) to conduct surface coal mining operations on Federal lands within a national forest, you must request that we obtain the Secretarial findings required therein. (1) You may submit a request to us before …

(1) This section does not apply to: (a) Lands for which a person has valid existing rights, as determined under Rule 880-X-7B-.11; (b) Lands within the scope of the exception for existing operations in Rule 880-X-7B-.07; (c) Access or haul roads that join a public road, as descri…

(1) This section does not apply to:(a) Lands for which a person has valid existing rights, as determined under Rule 880-X-7B-.11. (b) Lands within the scope of the exception for existing operations in Rule 880-X-7B-.07. (c) Access or haul roads that connect with an existing publi…

(1) All valid existing rights determinations shall be made by the regulatory authority other than requests pertaining to Federal land protected under Rule 880-X-7B-.06(a) and (b) lying within a national forest, national park, wildlife refuge or the like. Valid existing right shal…

(1) Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the regulatory authority must review the applicatio…

This Rule establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations. Author: Notes Ala. Admin. Code r. 880-X-7C-.01 Statutory Authority: Code of Ala. 1975, § § 9-16-71, 73…

The State Regulatory Authority shall use the criteria in this Rule for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations. Author: Notes Ala. Admin. Code r. 880-X-7C-.02 Statutory Authority: Code of Ala. 1975, § § 9-16-71…

(See Rule 880-X-2A-.06 Definitions.) Author: Notes Ala. Admin. Code r. 880-X-7C-.03 Statutory Authority: Code of Ala. 1975, § § 9-16-71, 73, 74, 75, 80, 87, 92, 96.

(1) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the State Regulatory Authority determines that reclamation is not technologically and economically feasible under the Act. (2) Upon petition an area may be (…

The requirements of this Rule do not apply to -- (a) Lands on which surface coal mining operations were being conducted on August 3, 1977; (b) Lands covered by a permit issued under the Act; or (c) Lands where substantial legal and financial commitments in surface coal mining ope…

Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 28 of the Act and regulations of this Chapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act and other applicab…

This Rule establishes minimum procedures and standards to be included in the State program for designating non-Federal and non-Indian lands in the State as unsuitable for all or certain types of surface coal mining operations and for terminating designations. Author: Notes Ala. A…

The objective of this Rule is to implement processes to designate lands unsuitable for all or certain types of surface coal mining operations and for terminating designations. Author: Notes Ala. Admin. Code r. 880-X-7D-.02 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 7…

The State Regulatory Authority has authority to develop and include in the State program procedures and standards to designate lands unsuitable for all or certain types of surface coal mining operations and to terminate such designations. Author: Notes Ala. Admin. Code r. 880-X-7…

The State Regulatory Authority shall establish a process enabling objective decisions to be made on which, if any, land areas of the State are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competent, scientifically sound …

(1) Right to Petition. Any person having an interest which is or may be adversely affected has the right to petition the State Regulatory Authority to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. (2) Desi…

(1) (a) Within 30 days of receipt of a petition, the State Regulatory Authority shall notify the petitioner by certified mail whether or not the petition is complete under Rule 880-X-7D-.05(2) or (3). (b) The State Regulatory Authority shall determine whether any identified coal …

(1) Within 10 months after receipt of a complete petition, the State Regulatory Authority shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be legislative and …

(1) In reaching its decision, the State Regulatory Authority shall use --(a) The information contained in the data base and inventory system; (b) Information provided by other governmental agencies; (c) The detailed statement prepared under Rule 880-X-7D-.07(5); and (d) Any other…

(1) The Regulatory Authority shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions. (2) The State Regulatory Authority shall include in the system information relevant to the criteria in Rule 8…

The State Regulatory Authority shall: - (a) Make the information and the data base system developed under Rule 880-X-7D-.09 available to the public for inspection free of charge and for copying at reasonable cost, except that specific information relating to the location of prope…

(1) The State Regulatory Authority shall not issue permits which are inconsistent with designations made pursuant to Rules 880-X-7A, 880-X-7B, 880-X-7C and 880-X-7D. (2) The State Regulatory Authority shall maintain maps of areas designated as unsuitable for all or certain types …

This Chapter provides the minimum requirements for approval of the permits for coal exploration and surface coal mining and reclamation operations. These include -- (a) Requirements for obtaining permits; (b) The timing, development and filing of permit applications; (c) State Re…

The objectives of this Chapter are to ensure that surface coal mining and reclamation operations are conducted only after the State Regulatory Authority has first determined that reclamation is feasible and that all coal exploration and surface coal mining and reclamation operati…

(1) Persons seeking to engage in surface coal mining and reclamation operations must submit an application for and obtain a permit for those operations in accordance with this Chapter. Persons seeking to conduct coal exploration must first file a notice of intention or obtain a p…

(see Rule 880-X-2A-.06 for all Definitions.) Author: Notes Ala. Admin. Code r. 880-X-8A-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82.

This Chapter is organized according to separate rules, as follows -- (a) Rules 880-X-8A and 880-X-8B establish introductory, definitional, and other general provisions applicable for all rules of this Chapter. (b) Rule 880-X-8C establishes procedures regarding coal exploration. (…

(1) This Chapter applies to each person who applies for a permit for surface coal mining and reclamation operations or conducts surface coal mining and reclamation operations pursuant to a permit and to persons who seek to conduct coal exploration.Author: Notes Ala. Admin. Code r…

The State Regulatory Authority shall, to avoid duplication, be solely responsible for issuance of permits for surface coal mining and shall provide for the coordination of review and issuance of permits with -- (a) Any other Federal or State permit process applicable to those ope…

This Part establishes general criteria for permits and permit application requirements. Author: Notes Ala. Admin. Code r. 880-X-8B-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83.

The objectives of this Part are to insure that all surface coal mining and reclamation operations are conducted only under permits issued in accordance with the requirements of the State Regulatory Authority, that all persons make timely application for permits, to provide genera…

On and after eight months from the date on which a regulatory program is approved by the U. S. Secretary of the Interior no person shall engage in or carry out surface coal mining within the State of Alabama unless that person has first obtained a valid permit issued by the State…

All persons shall conduct surface coal mining and reclamation operations under permits issued pursuant to this Chapter and by the State Regulatory Authority and shall comply with the terms and conditions of the permit and the requirements of the Act and these regulations. Author:…