Section 11 AAC 90.163 - Exploration that substantially disturbs the natural land surface or occurs in an area designated unsuitable for surface coal mining(a) A person who intends to conduct coal exploration that will substantially disturb the natural land surface or that will take place in an area designated unsuitable for surface mining under AS 27.21.260 or 11 AAC 90.121 shall file an application in the format required by 11 AAC 90.021. The application must include (1) the information required under 11 AAC 90.161(a)(1), (2), and (5);(2) an exploration and reclamation plan of operations, that includes (A) a brief description of the proposed area, cross-referenced to the map required under (4) of this subsection, including available information on(ii) geologic, surface water, and other physical features;(iii) vegetative cover; and(iv) important habitat for fish, wildlife, and plants, including any endangered or threatened species listed under 16 U.S.C. 1531- 1543 (Endangered Species Act of 1973);(B) a description of known cultural or historic resources listed or eligible for listing on the National Register of Historic Places (54 U.S.C. 302101- 302108) and known archaeological features within the proposed exploration area; the commissioner may require additional information regarding known or unknown historic or archeological resources if these resources are likely to be affected by activities under this section;(C) a description of the methods to be used to conduct coal exploration and reclamation, including types and uses of equipment, drilling, blasting, road or other transportation facility construction, and earth and debris disposal areas;(D) an estimated timetable for each phase of exploration and reclamation;(E) the estimated amounts of coal to be removed and a description of the methods to be used to determine those amounts;(F) the documentation required under (b) of this section if the applicant proposes to remove more than 250 tons of coal; and(G) a description of how the exploration activities will comply with 11 AAC 90.167;(3) the names and addresses of all owners and leaseholders of record of the surface land and the mineral estate in the area to be explored;(4) a map of the 1:63,360 scale series enlarged at least 2.5 times showing, based on available information, the area to be disturbed by the proposed exploration and reclamation activities, including(A) existing roads, structures, pipelines, and the proposed location of trenches, roads, rights-of-way, and other access routes(B) land excavations to be conducted;(C) water or coal exploratory holes and wells to be drilled or altered;(D) earth or debris disposal areas;(F) historic, archeological and cultural features;(G) topographic and drainage features; and(H) the habitats of endangered or threatened species identified in (2)(A)(iv) of this subsection;(5) a statement as to whether coal exploration is proposed for lands under the protection of AS 27.21.260 or 11 AAC 90.121, and a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities are designed to minimize interference with the values for which those lands were designated as unsuitable for coal mining and reclamation operations; and(6) documentation of consultation with the owner, agency, or both about a feature causing the land to come under the protection of AS 27.21.260(d) and 11 AAC 90.121, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of AS 27.21.260(d) or 11 AAC 90.121.(b) The commissioner may approve an exploration permit to extract more than 250 tons of coal under an exploration permit only if the applicant (1) demonstrates that coal testing is necessary for the development of a surface coal mining and reclamation operation for which a permit application will be submitted in the near future;(2) demonstrates that any sale or commercial use of the coal is for testing purposes only; the commissioner will(A) determine under 11 AAC 90.002(b) whether the commercial use or sale is to test coal for an operation; and(B) base a determination that a permit is not required on a demonstration by the applicant that includes the information required under this subsection and (i) evidence that sufficient coal reserves are available to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve; and(ii) an explanation of why other means of exploration are not adequate to determine the quality of the coal or the feasibility of developing a surface coal mining operation;(3) demonstrates that the amount of coal proposed to be extracted is the minimum necessary for testing;(4) provides the location where the coal will be tested;(5) provides the name of the testing firm;(6) provides a statement from the testing firm, the intended end user of the coal, or, if applicable, the agent or broker handling the transaction, that describes (A) the specific tests that will be conducted and the amount of coal necessary for these tests; and(B) the reason for testing, including, if applicable, that the coal may differ from the user's other coal supplies;(7) submitting evidence that sufficient reserves of coal are available to the applicant for future commercial use or sale to the intended end user to demonstrate that the amount of coal to be removed is a sample of a larger reserve and not the total reserve; and(8) providing an explanation of why other means of exploration are not adequate to determine the quality of the coal or the feasibility of developing a surface coal mining operation.(c) On any lands protected under AS 27.21.260 or 11 AAC 90.121, the commissioner will authorize surface coal mining activities only upon a finding that exploration activities will be conducted to minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the commissioner will provide a reasonable opportunity for the owner of, and, when applicable, the agency with primary jurisdiction over, the feature causing the land to come under the protection of AS 27.21.260, to comment on whether the finding is appropriate.Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am 7/29/98, Register 147; am 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 repeal and readoption.
Authority:AS 27.21.030
AS 27.21.200