(a) Any person who plans to commence or continue coal extraction after the effective date of this chapter in reliance on the incidental mining exemption shall file a complete application for exemption with the Alabama Surface Mining Commission for each mining area.
(b) After the effective date of this chapter, a person may not commence coal extraction based upon the exemption until the Alabama Surface Mining Commission approves such application, except as provided in paragraph (5)(c) of this section.
(2) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of this chapter may continue mining operations for 60 days after such effective date. Coal extraction may not continue after such 60-day period unless that person files an administratively complete application for exemption with the Alabama Surface Mining Commission. If an administratively complete application is filed within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the Alabama Surface Mining Commission makes an administrative decision on such application.
(3) Additional information. The Alabama Surface Mining Commission shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.
Public comment period. Following publication of the newspaper notice required by 880-X-2E-.05(9)
, the Alabama Surface Mining Commission shall provide a period of no less than 30 days during which time any person having an interest which is or maybe adversely affected by a decision on the application may submit written comments or objections.
(a) No later than 90 days after filing of an administratively complete application, the Alabama Surface Mining Commission shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this chapter, and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.
(b) The determination of exemption shall be based upon information contained in the application and any other information available to the Alabama Surface Mining Commission at that time.
(c) If the Alabama Surface Mining Commission fails to provide an applicant with the determination as specified in paragraph (5)(a) of this section, an applicant who has not begun may commence coal extraction pending a determination on the application unless the Alabama Surface Mining Commission issues an interim finding, together with reasons therefor, that the applicant may not begin coal extraction.
(a) Any adversely affected person may request administrative review of a determination under paragraph (5) of this section within 30 days of the notification of such determination in accordance with procedures established under Chapter 880-X-5.
A petition for administrative review filed under Chapter 880-X-5 shall not suspend the effect of a determination under paragraph (5) of this section.
Author: Randall C. Johnson
Ala. Admin. Code r. 880-X-2E-.04
May 20, 1982; Amended: September 18, 1990; effective: March 30, 1991
Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 80, 99.