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9-16-5
Section 9-16-5 Permit for engaging in surface mining operations - Application; issuance.
(a) Any operator desiring a permit shall file an application with the department upon a form
furnished by the department containing all of the following: (1) A brief description of the
tract or tracts of land and the estimated number of acres to be affected by the applicant's
surface mining thereon during the permit period. The description shall include the section,
township, range, and county in which the land is located and shall otherwise describe the
land with sufficient clarity so it may be located and distinguished from other lands. The
description shall also include a description of access to the area from the nearest public
highway (2) A statement by the applicant that the applicant has the right and power by legal
estate owned to mine by surface mining the land so described. The statement shall set forth
by reference the source of the applicant's right and power to so mine. (3) A statement...
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9-16-83
Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application
filed for public inspection; insurance; blasting plan. (a) Each application for a surface
coal mining reclamation permit under this article shall be accompanied by a fee as determined
by the regulatory authority, but not to exceed the anticipated cost of reviewing, administering,
and enforcing the permit. In no event shall the permit fee be less than one thousand dollars
($1,000). The regulatory authority shall develop procedures to enable the cost of the fee
to be paid over the life of the mine. The life of the mine means the term of the permit and
the time required to successfully complete all surface coal mining and reclamation activities
and obtain a full release of the performance bond for each bonded area. (b) The permit application
shall be submitted in a format prescribed by and satisfactory to the regulatory authority
and shall contain, among other things, all of the following: (1) The...
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9-16-84
Section 9-16-84 Reclamation plans; contents. (a) Each reclamation plan submitted as
part of a permit application pursuant to the provisions of this article shall include, in
the degree of detail necessary to demonstrate that reclamation required can be accomplished,
a statement of: (1) The identification of the lands subject to surface coal mining operations
over the estimated life of those operations and the size, sequence, and timing of the sub-areas
for which it is anticipated that individual permits for mining will be sought; (2) The condition
of the land to be covered by the permit prior to any mining including: a. The uses existing
at the time of the application, and if the land has a history of previous mining, the uses
which preceded any mining; and b. The capability of the land prior to any mining to support
a variety of uses giving consideration to soil and foundation characteristics, topography,
and vegetative cover, and, if applicable, a soil survey prepared pursuant to...
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9-16-89
Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining
and reclamation permit application has been approved but before such a permit is issued, the
applicant shall file with the regulatory authority, on a form prescribed and furnished by
the regulatory authority, a bond for performance payable to the state and conditioned upon
faithful performance of all the requirements of this article and the permit. The bond shall
cover all lands disturbed by the surface coal mining operation and the amount of the initial
bond shall be such to cover that area of land within the permit area upon which the operator
will initiate and conduct surface coal mining and reclamation operations within the initial
term of the permit. As succeeding increments of surface coal mining and reclamation operations
are to be initiated and conducted within the permit area, the permittee shall file with the
regulatory authority an additional bond or bonds to cover such increments in...
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9-16-85
Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule;
issuance to mine on prime farm land. (a) Upon the basis of a complete mining application and
reclamation plan or a revision or renewal thereof, as required by this article, following
public notification and opportunity for a public hearing as required by Section 9-16-88,
the regulatory authority shall grant, require modification of, or deny the permit within 30
days and notify the applicant in writing of its action. The applicant for a permit, or revision
of a permit, shall have the burden of establishing that his application is in compliance with
all the requirements of this article. Within 10 days after the granting of a permit, the regulatory
authority shall notify the local governmental officials in the local political subdivision
in which the area of land to be affected is located that a permit has been issued and shall
describe the location of the land. (b) No permit or revision application...
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9-16-81
Section 9-16-81 Licenses required; application; qualifications; fees. (a) All surface
coal mining operations shall be subject to this article, except as excluded in Section
9-16-99. (b) No person shall engage in or carry out on lands within the state any surface
coal mining operations unless such person is a citizen of the United States or, if not a citizen
of the United States, a person who is legally present in the United States with appropriate
documentation from the federal government and has first obtained a license in accordance with
this section. The term of a license shall be continuous and shall authorize the licensee,
subject to the other provisions of this article, to engage in surface coal mining operations
unless the license shall be suspended or revoked in accordance with this article. Suspension,
revocation, or subcontracting shall in no way relieve the licensee of his or her obligation
to comply with the reclamation requirement of this article. (c) An applicant for a...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals
under this article shall be made as herein provided and in accordance with such general rules
and regulations as the regulatory authority may prescribe. These procedures shall take precedence
over the Alabama Administrative Procedure Act, which shall in no respect apply to proceedings
arising under this article. (1)a. A determination by the regulatory authority as specified
by law shall be made promptly and shall include a statement as to the action to be taken and
reasons therefor. Notice of the determination or decision shall be promptly given to the parties
involved by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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9-16-88
Section 9-16-88 Permits - Review and appeal of applications. (a) At the time of submission
of an application for a surface coal mining and reclamation permit, or revision of an existing
permit, pursuant to the provisions of this article, the applicant shall submit to the regulatory
authority a copy of his advertisement of the ownership, precise location, and boundaries of
the land to be affected. At the time of submission such advertisement shall be placed by the
applicant in a local newspaper of general circulation in the locality of the proposed surface
mine at least once a week for four consecutive weeks. The regulatory authority shall notify
various local governmental bodies, planning agencies, and sewage and water treatment authorities
or water companies in the locality in which the proposed surface mining will take place, notifying
them of the operator's intention to surface mine a particularly described tract of land and
indicating the application's permit number and where a...
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9-16-7
Section 9-16-7 Duties of operators. (a) Every operator to whom a permit is issued pursuant
to this article and who engages in surface mining on lands described in the permit shall:
(1) Submit to the department, no later than 90 days after expiration of the permit period,
a map or aerial photograph showing the location of the surface mining operation conducted
during the permit period by section, township, range, and county with other description
to identify the land upon which the operator has conducted surface mining during the permit
period. The map or aerial photograph shall include a legend showing the number of acres of
affected land and the reclamation to be made in accordance with this section. (2) Commence
contemporaneous reclamation of mined areas as set out in the comprehensive reclamation plan
approved by the department. Reclamation bonds shall be adjusted annually to reflect unreclaimed
disturbed acreage as well as reclaimed acreage released by the department. Failure to...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued
pursuant to this article to conduct surface mining operations shall require that such surface
coal mining operations will meet all applicable performance standards of this article, and
such other requirements as the regulatory authority shall promulgate. (b) General performance
standards shall be applicable to all surface coal mining and reclamation operations and shall
require the operation as a minimum to: (1) Conduct surface coal mining operations so as to
maximize the utilization and conservation of the solid fuel resource being recovered so that
reaffecting the land in the future through surface coal mining can be minimized; (2) Restore
the land affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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