Alabama Administrative Code

(1) Initial implementation of the regulatory program -- (a) Not later than 2 months following the initial approval by the Secretary of the regulatory program regardless of litigation contesting that approval, each person who conducts or expects to conduct surface coal mining and …

(1) Applications for permits to conduct surface coal mining and reclamation operations shall be filed in the format required by the State Regulatory Authority. The application shall be complete and include, at a minimum, the following: for surface mining activities, all the appli…

(1) Each application for a permit, and each application for a permit revision, renewal or transfer and each application for a coal exploration permit shall be accompanied by a non - refundable fee consisting of a basic fee and an acreage fee. Applications for revisions to or tran…

Applications for permits shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief. Author: Notes Ala. Admin. Code r. 880-X-8B-.08 Statutory …

This Subchapter establishes the requirements and procedures for coal exploration for all lands. Author: Randall C. Johnson Notes Ala. Admin. Code r. 880-X-8C-.01 May 20, 1982. Amended: September 18, 1990; effective August 2, 1991. Statutory Authority: Code of Ala. 1975, §§ 9-16-7…

(Repealed: Filed 9/30/90, Effective 8/2/91) Notes Ala. Admin. Code r. 880-X-8C-.02

(Repealed: Filed 9/30/91, Effective 8/2/91) Notes Ala. Admin. Code r. 880-X-8C-.03

(1) Any person who intends to conduct coal exploration operations outside a permit area during which 250 tons or less of coal will be removed and less than one-half acre is disturbed in the coal exploration, shall file with the Regulatory Authority a written notice of intention t…

Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal are to be removed and/or greater than one-half acre is to be disturbed, or which will take place on lands designated as unsuitable for surface mining under Chapter 880…

(1) The State Regulatory Authority shall act upon a completed application within a reasonable period of time but not to exceed thirty days following the close of the public comment period. The approval of a coal exploration permit may be based only on a complete and accurate appl…

(1) The State Regulatory Authority shall notify the applicant, the appropriate local government officials, and other commentors on the application in writing, of its decision to approve or disapprove the application. If the application is disapproved, the notice to the applicant …

(1) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be conducted in accordance with coal exploration requirements of the Act, this subchapter, Subchapter 880-X-10B and any terms or conditions imposed by ASMC in granting th…

(1) Except as provided under paragraph (2) of this Rule, any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining operations for those operations fr…

(1) Except as provided in Paragraph (2) of this Rule, all information submitted to the State Regulatory Authority under this Rule shall be made available for public inspection at the local offices of the State Regulatory Authority closest to the exploration area. (2) The State Re…

This Rule establishes the requirements for the legal, financial, compliance, and general information that must be contained in permit applications for surface mining activities. Author: Notes Ala. Admin. Code r. 880-X-8D-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73,…

The objective of this Rule is to ensure that all relevant information on the ownership and control of persons who conduct surface mining activities, the ownership and control of the property to be affected by the operations, the compliance status and history of those persons, and…

It is the responsibility of the permit applicant to provide to the State Regulatory Authority all of the information required by this Rule. Author: Notes Ala. Admin. Code r. 880-X-8D-.03 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 8…

This Rule applies to any person who applies for a permit to conduct surface mining activities. Author: Notes Ala. Admin. Code r. 880-X-8D-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.

(1) Each application shall contain the names and addresses of --(a) The permit applicant, including his or her telephone number; (b) Every current legal or equitable owner(s) of record (as found in standard search of chain of title) of the property to be mined; (c) The holders of…

Each application shall contain -- (a) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant has --1. Had a Federal or State mining permit suspended or revoked in the last five years; or 2. Forfeited a …

(1) Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify thos…

(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface mining activities under Rule 880-X-7D or under study for designation in an administrative proceeding under that Rule. (2…

(1) Each application shall state the anticipated or actual starting and termination date of each phase of the surface mining activities and the anticipated number of acres of land to be affected. (2) If the applicant proposes to conduct the surface mining activities in excess of …

Each permit application shall contain either a certificate of liability insurance or evidence that the self-insurance requirements in Rule 880-X-9C-.04 are satisfied. Author: Notes Ala. Admin. Code r. 880-X-8D-.10 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80…

Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed surface mining activities. This list shall identify each license and permit by -- (a) Type of permit or license; (b) Name and address of issuing authority; (c) …

Each application shall identify, by name and address, the public office approved by the State Regulatory Authority where the applicant will simultaneously file a copy of the application for public inspection under Rule 880-X-8K-.05(4). Author: Notes Ala. Admin. Code r. 880-X-8D-.…

A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the State Regulatory Authority and made a part of the complete application, not later than four weeks after the last date of publication required under Rule …

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 9, each permittee shall bond the facility or structure un…

This Rule establishes the requirements for the environmental resources contents of permit applications for surface mining activities. Author: Notes Ala. Admin. Code r. 880-X-8E-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90,…

The objectives of this Rule are to ensure that each application provides to the State Regulatory Authority a complete and accurate description of the environmental resources that may be impacted or affected by proposed surface mining activities. Author: Notes Ala. Admin. Code r. …

(1) It is the responsibility of the applicant to provide, except where specifically exempted in this Rule, all information required by this Rule in the application. (2) It Is the responsibility of State governmental agencies to provide information for applications as specifically…

Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and off-site areas that may be affected or impacted by the proposed surface mining activities. Author: Notes Ala. Admin. Code r. 880-X-8E-.04 Sta…

Each application shall describe and identify-- (1) The nature of cultural and historic resources listed on, or eligible for listing on the National Register of Historic Places and known significant archaeological features within the proposed permit area and adjacent areas. The de…

(1) (a) Hydrologic Information - Sampling and analysis methodology. All water-quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the 15th edition of "Standard Methods for the Examination of Water and Wastewater",…

The permit application shall contain a map or appropriate description of existing plant communities within the proposed permit area (and adjacent areas, if necessary) adequate to predict the potential for reestablishing vegetation and to demonstrate the suitability of the propose…

Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under Rule 880-X-10C-.08(5). Author: Notes Ala. Admin. Code r. 880-X-8E-.08 Statutory Aut…

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including --(a) A narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land wa…

(1) The applicant shall conduct a pre-application investigation to determine whether prime farmland soils exist on the proposed permit area. The investigation shall consist of the following:(a) If a soil survey exists for the area the applicant shall review such survey to determi…

(1) Resource Information. Each application shall include fish and wildlife resource information for the permit area and adjacent area. (a) The scope and level of detail for such information shall be determined by the Regulatory Authority in consultation with State and Federal age…

This Rule provides the requirements for the mining operations and reclamation plan portions of applications for permits for surface mining activities except to the extent that different requirements for those plans are established under Rule 880-X-8J. Author: Notes Ala. Admin. Co…

The objectives of this Rule are to ensure that the State Regulatory Authority is provided with comprehensive and reliable information on proposed surface mining activities and to ensure that those activities are allowed to be conducted only in compliance with the Act and these re…

(1) It is the responsibility of the applicant to provide to the State Regulatory Authority all of the information required by this Rule, except where specifically exempted in this Rule. (2) It is the responsibility of other state governmental agencies to provide information to th…

(1) Permit maps required by these regulations shall be prepared by or under the supervision of and certified by a qualified registered professional engineer or registered land surveyor. (2) Cross sections and other maps required by these regulations shall be prepared by or under …

Each application shall contain a description of the mining operations to be conducted within the proposed permit area, including, at a minimum, the following: (a) A description of the type and method of coal mining procedures and proposed engineering techniques and the major equi…

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include-- (a) Location; (b) Plans of the structure which describe its curre…

(a) Blasting plan. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of Rules 880-X-10C-.30 - 880-X-10C-.35.This plan shall include, at a minimum, information setting forth the limitations t…

(1) The application shall include a permit map(s) showing -- (a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface (coal), within or abutting the permit area; (b) The boundaries of land within the proposed permit area upon w…

(1) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with the environmental protection performance standards in Rule 880-X-10C. (2) Each plan shall contain the following information for the p…

(1) Each plan shall contain a description of the proposed use, following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed…

(1) General. Each application shall include a general plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area. (a) Each general plan shall -- 1. Be prepared by, or under the direction of, an…