(1) This Rule establishes the procedures for determining those surface coal mining and reclamation operations which are exempt from the Act and these regulations because the extraction of coal is an incidental part of Federal, State, or local government-financed highway or other construction.

(2) This Rule exempts the extraction of coal which is incidental to government-financed construction from the requirements of the Act and this Chapter, if that extraction meets specified criteria which ensure that the construction is government-financed and that the extraction of coal is incidental to it.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 99.

(1) The State Regulatory Authority is responsible for enforcing the requirements of this Rule.

(2) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, the documentation required by Rule 88O-X-2D-.05 of these regulations.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 99.

88O-X-2D-.03 Definitions. As used in this Rule, the following terms have the meaning specified in Rule 88O-X-2A-.06 of these regulations:

(a) Extraction of coal as an incidental part;

(b) Government financing agency; and

(c) Government-financed construction.

Author:

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 99.

History:

(1) Coal extraction which is an incidental part of government-financed construction is exempt from the act and these regulations with the exception of the requirements of 880-X-2D-.06 if they are applicable.

(2) Any person who conducts or intends to conduct a coal extraction which does not satisfy Paragraph (1) of this Rule shall not proceed until a permit has been obtained from the State Regulatory Authority.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 99.

History: Amended: Filed April 25, 2000; effective May 30, 2000; operative July 22, 2000.

880-X-2D-.05 Information To Be Maintained On Site. Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents which show --

(a) A description of the construction project;

(b) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and

(c) The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 99.

880-X-2D-.06 Additional Requirements For Coal Removal Incidental To Abandoned Mine Land Projects. For coal removal incidental to government financed construction where funding for the project is less than 50% and the construction is undertaken as an approved reclamation project under Title IV (The Abandoned Mine Land Program, AML) of the Federal Surface Mining Control and Reclamation Act 30 U.S.C. 1201 et seq., as amended; the following shall apply:

(1) The AML contractor and any subcontractor involved in the removal of coal from, or processing of coal on, the project site shall obtain or possess a valid license under Chapter 880-X-6 of the regulations;

(2) The AML contractor shall identify the prospective purchasers or end users of all coal to be extracted under the project prior to concurrence being granted by the Alabama Surface Mining Commission under Code of Federal Regulations, 30 CFR 874.17;

(3) The AML contractor shall maintain records of the exact tonnage of coal removed and the names and addresses of all purchasers or end users of that coal at the project site and make them available to the Alabama Surface Mining Commission upon request;

(4) No coal shall be removed under this exemption unless it is located within the boundaries of the approved construction project and its removal is necessary for achieving the objectives of the Abandoned Mine Land project;

(5) No coal shall be extracted under this Subchapter unless the project has been approved by both the Alabama Department of Industrial Relations and the Alabama Surface Mining Commission in accordance with the provisions of Code of Federal Regulations, 30 CFR 874.l7, and;

(6) All coal removal under this exemption shall be under the direct supervision of the AML contractor who shall be liable for any violations of these regulations.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 74, 75, 80, 99.

History: New Rule: Filed April 25, 2000; effective May 30, 2000; operative July 22, 2000.