ALABAMA SURFACE MINING COMMISSION ADMINISTRATIVE CODE

CHAPTER 880-X-8A SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION - GENERAL REQUIREMENTS FOR EXPLORATION AND OPERATION PERMITS.

TABLE OF CONTENTS

880-X-8A-.01 Scope

880-X-8A-.02 Objectives

880-X-8A-.03 Responsibilities

880-X-8A-.04 Definitions

880-X-8A-.05 Organization

880-X-8A-.06 Applicability

880-X-8A-.07 Coordination With Requirements Under Other Laws

880-X-8A-.01 Scope. 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 Regulatory Authority review of applications and approval or denial of permits;

(d) Administrative review of State Regulatory Authority decisions on permits;

(e) The terms and conditions of permits;

(f) Public participation in the permit process;

(g) The renewal and revision of permits;

(h) Requirements for permits for special categories of surface coal mining and reclamation operations; and

(i) Procedures for coal exploration operations under regulatory programs.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 80, 81, 82.

History:

880-X-8A-.02 Objectives. 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 operations are conducted so as to fully protect the environment.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 80, 81, 82.

History:

880-X-8A-.03 Responsibilities.

(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 permit from the State Regulatory Authority as required under Rule 880-X-8C.

(2) The State Regulatory Authority shall review each notice of intention to explore and each application for a permit; approve or disapprove each permit application; and issue, condition, suspend, or revoke exploration approval, permits, renewals, or revised permits under the State regulatory program.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 80, 81, 82.

History:

880-X-8A-.04 Definitions. (see Rule 880-X-2A-.06 for all Definitions.)

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 80, 81, 82.

History:

880-X-8A-.05 Organization. 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.

(c) Rules 880-X-8D, 880-X-8E and 880-X-8F establish specific requirements for permit application contents for surface coal mining activities.

(d) Rules 880-X-8G, 880-X-8H and 880-X-8I establish specific requirements for permit application contents for underground coal mining activities.

(e) Rule 880-X-8J establishes requirements for permits for certain special categories of surface coal mining and reclamation operations.

(f) Rule 880-X-8K establishes requirements for the review, issuance, or denial of permits, and for public participation in that process.

(g) Rule 880-X-8L establishes requirements for administrative and judicial review of final State Regulatory Authority decisions on permits and applications for exploration approval and permits.

(h) Rule 880-X-8M establishes requirements for the review, revision, and renewal of permits, and for the transfer, sale, or assignment of rights granted under permits.

(i) Rule 880-X-8N establishes requirements for providing assistance to small operators and qualifying laboratories to perform necessary hydrologic consequences determinations and boring or core sampling analyses for those operators.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 80, 81, 82.

History:

880-X-8A-.06 Applicability.

(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:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 80, 81, 82.

History:

880-X-8A-.07 Coordination With Requirements Under Other_Laws. 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 operations including, at a minimum, permits required under the --

1. Clean Water Act, as amended (33 U.S.C. Sec. 1251 et seq.);

2. Clean Air Act, as amended (42 U.S.C. Sec. 7401 et seq.);

3. Resource Conservation and Recovery Act (42 U.S.C. Sec. 3251 et seq.); and

(b) The requirements of any water quality management plans which have been approved by the Administrator of the United States Environmental Protection Agency under Sections 208 or 303(c), (e) of the Clean Water Act, as amended, [33 U.S.C. Sections 1228, 1313 (c), (e)].

(c) The applicable requirements of the Endangered Species Act of 1973, as amended, (16 U.S.C., Section 1531, et seq.); Fish and Wildlife Coordination Act, as amended, (16 U.S.C., Section 661, et seq.); The Migratory Bird Treaty Act of 1918, as amended (16 U.S.C., Section 703 et seq.); The Bald Eagle Protection Act, as amended [16 U.S.C., Section 668(a)]; The National Historic Preservation Act of 1966, as amended (16 U.S.C., Section 470, et seq.); and Executive Order 11593.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 80, 81, 82.

History: May 20, 1982; Amended: November 14, 1989; effective: March 7, 1991.