Alabama Administrative Code

For surface mining activities within the proposed permit area to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with Rule 880-X-10C-.37. Author: Notes Ala. Admin. Code r. 880-X-8F-.12 Statutory Authority: Code…

Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with Rules 880-X-10C-.14 - 880-X-10C-.15. Author: Notes Ala. Admin. Code r. 88…

(1) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used:(a) To prevent adverse impacts, or (b) If a person has valid existing right…

Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under Rule 880-X-7B-.04, the applicant seeks to have the State Regulatory Authority approve -- (…

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to Rule 880-X-10C-.36. These plans shall describe the geotechnical investigation, design, co…

(1) Plans and drawings. Each applicant for a surface coal mining and reclamation permit shall submit plans and drawings for each road, as defined in 880-X-2A-.06 of these regulations, to be constructed, used, or maintained within the proposed permit area. The plans and drawings s…

(1) Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endanger…

Each applicant for a surface coal mining and reclamation permit shall submit a description, plans and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections,…

(1) The application shall include cross sections, maps, and plans showing-- (a) Elevations and locations of test borings and core samplings; (b) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality,…

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

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

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-8G-.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 underground mining activities. Author: Notes Ala. Admin. Code r. 880-X-8G-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 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 a standard search of chain of title) of the areas to be affected by surface operat…

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 5 years; or 2. Forfeited a min…

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

(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining and reclamation operations under Rule 880-X-7D or under study for designation in an administrative proceedin…

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

Each 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-8G-.10 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 8…

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

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-8G-.…

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 8…

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 880-X-9, each permittee shall bond the facility or struct…

This Rule establishes the requirements for the environmental resources contents of permit applications for underground coal mines. Author: Notes Ala. Admin. Code r. 880-X-8H-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91…

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 affected by surface operations and impacts incident to an underground coal mine (hereafter ref…

(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 by the proposed surface operations. Author: Notes Ala. Admin. Code r. 880-X-8H-.04 Statutory Authority: C…

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 archaeological features within the proposed permit area and adjacent areas. The description s…

(1) (a) 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", which are incorporated b…

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-10D-.22(5). Author: Notes Ala. Admin. Code r. 880-X-8H-.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 determ…

(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 operations and impacts incident to an underground coal mine (referred to as surface operations hereafter in this Rule) except to the extent that dif…

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

(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 surface operations to be conducted within the proposed permit area, including, at a minimum, the following: (a) A description of the methods, of procedures and proposed engineering techniques and the major equipment to be used f…

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

(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-10D. (2) Each plan shall contain the following information for the p…

Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations, facilities, according to R…

(1) Pre-subsidence survey. Each application must include:(a) A map of the permit and adjacent areas at a scale of 1:12,000, or larger if determined necessary by the Regulatory Authority, showing the location and type of structures and renewable resource lands that subsidence may …

(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…

Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with Rules 880-X-10D-.14 - 880-X-10D-.15. Author: Notes Ala. Admin. Code r. 88…

(1) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used:(a) To prevent adverse impacts, or (b) If valid existing rights exist or jo…

Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under Rule 880-X-7B-.09 the applicant seeks to have the State Regulatory Authority approve -- (a…

(1) Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the State Regulatory Authority and the Mine Safety and Health Adminis…