Alabama Administrative Code

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

(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 an underground 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 sec…

(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 permits for certain categories of surface coal mining and reclamation operations. Author: Notes Ala. Admin. Code r. 880-X-8J-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92.

The objective of this Rule is to ensure that permits are issued for certain categories of surface coal mining and reclamation operations only after the State Regulatory Authority receives information that shows that these operations will be conducted according to the applicable r…

(1) This Rule is intended to encourage the reclamation of previously abandoned surface mined areas within the new permit area by allowing the use of abandoned mined areas as off-site spoil placement. (2) Once application has been made pursuant to this Rule the State Regulatory Au…

(1) Paragraphs (2) - (11) of this Rule apply to any person who conducts or intends to conduct surface coal mining and reclamation operations under a permit authorizing the use of alternative mining practices on an experimental basis if the practices require a variance from the en…

(1) This Rule applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining. (2) Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running through the uppe…

(1) This Rule applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except --(a) Where an operator proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain …

(1) This Rule applies to non-mountaintop removal, steep slope surface coal mining and reclamation operations where the operation is not to be reclaimed to achieve the approximate original contour required by Rules 880-X-10C-.52 - 880-X-10C-.56 or 880-X-10D-.48 - 880-X-10D-.50 and…

(1) Scope. This rule applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland. Nothing in this rule shall apply to: (a) Lands on which surface coal mining and reclamation operations a…

(1) Scope. This Rule applies to any person who conducts or intends to conduct combined surface mining activities and underground mining activities, where contemporaneous reclamation as required by Rule 880-X-10C-.51 is not practicable and a delay is requested to allow underground…

(1) This Rule applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering operations. (2) Any application for a permit for operations covered by this Rule shall contain, in the mining and reclamation plan, a descripti…

(1) This Rule applies to any person who operates or intends to operate a processing plant and associated support facilities not located within a permit area of a specific mine. Any person who operates such a processing plant shall have obtained a permit in accordance with the req…

(1) This Rule applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities. (2) Any application for a permit for operations covered by this Rule shall be made according to all requirements of this …

(1) This section contains permitting requirements to implement 880-X-8K-.10(2)(d). Any person who submits a permit application to conduct a surface coal mining operation on lands eligible for remining must comply with this section. (2) Any application for a permit under this sect…

This Rule establishes provisions for -- (a) Public participation in the permit process; (b) The review of permit applications and decisions on these applications by the State Regulatory Authority; and (c) Approval or disapproval of permits to conduct surface coal mining and recla…

The objectives of this Rule are to -- (a) Provide for public participation in the review of applications and the issuance, or denial of permits; (b) Ensure prompt and effective review of each permit application by the State Regulatory Authority; and (c) Provide the minimum requir…

(1) The State Regulatory Authority has the responsibility to approve or disapprove permits. (2) The State Regulatory Authority and persons applying for permits shall involve the public as required in the permit approval or disapproval process. (3) The State Regulatory Authority s…

For a complete listing of the definition of words used in this Rule, see Rule 880-X-2A-.06. Author: Notes Ala. Admin. Code r. 880-X-8K-.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) Filing and Public Notice.(a) Upon submission of an administratively complete application, an applicant for a permit, significant revision of a permit under Section 880-X-8M-.06, or renewal of a permit under Section 880-X-8M-.07, shall place an advertisement in a local newspap…

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.06

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.07

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.08

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.09

(1) General. (a) The Alabama Surface Mining Commission shall review the application for a permit, revision, or renewal, written comments and objections submitted; and records of any informal conference or hearing held on the application and issue a written decision within sixty (…

Each permit issued by the Alabama Surface Mining Commission shall be subject to the following conditions: (1) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted w…

(1) Decision. If the application is approved, the permit shall be issued upon submittal of a performance bond in accordance with Chapter 880-X-9. If the application is disapproved, specific reasons therefore shall be set forth in the notification required by paragraph (2) of this…

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.13

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.14

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.15

(Not Used) Notes Ala. Admin. Code r. 880-X-8K-.16

(1) Permit review. If the Alabama Surface Mining Commission which has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in paragraph (2) of this sect…

If a decision is made to rescind an improvidently issued permit under 880-X-8K-.17(3)(d), the Alabama Surface Mining Commission shall serve on the permittee a notice of proposed suspension and recission which includes the reasons for the finding under 880-X-8K-.17(2) and states t…

This Rule provides the requirements for administrative and judicial review of coal exploration permit applications and permit decisions by the State Regulatory Authority, or the failure of it to act on applications for coal exploration approval or permits. Author: Notes Ala. Admi…

The objectives of this Rule are to provide for timely and thorough review by administrative and judicial bodies on decisions of and failures to act by the State Regulatory Authority under this Chapter. Author: Notes Ala. Admin. Code r. 880-X-8L-.02 Statutory Authority: Code of Al…

Administrative review shall be as set forth in Rules 880-X-5A-.01 through 880-X-5A-.33 of Chapter 880-X-5. Author: Notes Ala. Admin. Code r. 880-X-8L-.03 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 77, 78, 79, 80, 81, 82, 86, 87.

Judicial review shall be as set forth in Rule 880-X-5A-.34 of Chapter 880-X-5. Author: Notes Ala. Admin. Code r. 880-X-8L-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 77, 78, 79, 80, 81, 82, 86, 87.

This Rule establishes the requirements for - (a) Revisions to and affirmative periodic review of permits previously issued by the State Regulatory Authority; (b) Renewal of permits previously issued by the State Regulatory Authority; and (c) Transfer, sale, or assignment of right…

The objectives of this Rule are to - (a) Provide procedures for the State Regulatory Authority to review, revise, and renew permits under these regulations; and (b) Provide procedures for transfer, sale, or assignment of rights granted in permits under a regulatory program.Author…

The State Regulatory Authority shall -- (a) Ensure that permits are revised prior to changes in surface coal mining and reclamation operations; (b) Ensure that all permits are regularly reviewed to determine that surface coal mining and reclamation operations under these permits …

The following terms are defined in Rule 880-X-2A-.06. (a) Successor in interest; and (b) Transfer, assignment, or sale of rights.Author: Notes Ala. Admin. Code r. 880-X-8M-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 9-16-73, 9-16-74, 9-16-75, 9-16-80, 9-16-81, 9-16-82…

(1) (a) The State Regulatory Authority shall review each permit issued and outstanding under these regulations during the term of the permit. This review shall occur not later than the middle of the permit term and as required by Rules 880-X-8J-.04, 880-X-8J-.05, 880-X-8J-.07, an…

(1) A revision to a permit shall be obtained --(a) For changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when such changes constitute a significant departure from the method of conduct of min…

(1) General. A valid permit, issued pursuant to an approved regulatory program, shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit. (2) Application requirements and procedures.(a) A…

(Not Used) Notes Ala. Admin. Code r. 880-X-8M-.08

(Not Used) Notes Ala. Admin. Code r. 880-X-8M-.09

(Not Used) Notes Ala. Admin. Code r. 880-X-8M-.10

(1) General. No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the Regulatory Authority. (2) Application requirements. An applicant for approval of the transfer, assignment, or sale of permit rights shall -- (a) Pro…