Section 11 AAC 90.125 - Commissioner's findings(a) The commissioner will not approve an application for a permit or major revision of a permit unless the application affirmatively demonstrates and the commissioner finds, in writing, on the basis of information set out in the application or information otherwise available that is documented in the approval, that (1) the conditions specified in AS 27.21.180(c) have been met;(2) neither the applicant nor the operator is in violation of the conditions specified in AS 27.21.180(f);(3) the applicant has assured that disturbances to the hydrologic balance will be minimized, the water rights of present users will be protected, and, in those cases where rights cannot be protected, alternative water sources of similar quantity and quality will be provided;(4) the applicant has obtained a negative determination of alluvial valley floors or satisfied the requirements of 11 AAC 90.149;(5) the proposed postmining land use of the permit area has been approved by the commissioner under 11 AAC 90.481;(6) the operation will not affect the continued existence of known threatened or endangered species or result in the destruction or adverse modification of their critical habitat as determined under the Endangered Species Act of 1973 (16 U.S.C. 1531, et seg.);(7) an existing structure proposed for use in the operation meets the requirements of 11 AAC 90.005;(8) all specific approvals required under 11 AAC 90.301 - 11 AAC 90.501 have been made;(9) the commissioner has determined the amount of bond necessary under 11 AAC 90.205;(10) for auger mining, (A) adverse water quality impacts will be prevented or corrected;(B) prohibition of augering is not necessary to maximize the utilization, recoverability, or conservation of coal;(C) effects from augering operations would not prevent reclamation from being performed in accordance with this chapter; and(D) subsidence resulting from auger mining will not disturb or damage power lines, pipelines, buildings, roads, or other facilities; and(11) the applicant has submitted proof that all reclamation fees required by 30 C.F.R. Part 870 have been paid.(12) the potential effects of the operation on property listed or eligible for listing on the National Register of Historic Places has been considered in accordance with 11 AAC 90.091 and 11 AAC 90.121(a);(13) for a re-mining operation that the applicant proposes to reclaim according to standards in 11 AAC 90.443(e) or 11 AAC 90.457(c)(5), the site is a previously mined area as defined in this chapter.(14) the applicant is eligible to receive a permit, based on the review and finding required under 11 AAC 90.104. (b) If the commissioner finds that existing structures cannot be reconstructed or modified without causing significant harm to the environment or to the public health or safety, the applicant will be required to abandon the existing structure on a schedule approved by the commissioner in compliance with 11 AAC 90.471. The structure may not be used for or to facilitate operations after the effective date of issuance of the permit.(c) After making a final finding under (a) of this section and not more than five business days before issuing a permit, the commissioner will request a compliance history report from the applicant violator system to determine if there are any unabated or uncorrected violations that affect permit eligibility under 11 AAC 90.104.Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am/readopt 7/7/2022, Register 243, October 2022As of Register 243, (October, 2022), this section is transferred from material adopted by reference in 11 AAC 90.001(a) to the Alaska Administrative Code (AAC) by readoption with additional amendments.
Authority:AS 27.21.030
AS 27.21.180