11 Miss. Code R. § 8-2.2-11-1105

Current through December 10, 2024

Section 11-8-2.2-11-1105 - Areas Where Mining is Prohibited or Limited

Subject to valid existing rights as defined in § 105, no surface coal mining operations shall be conducted on the following lands unless you have valid existing rights as determined under § 1106 or qualify for the exception for existing operations under paragraph (h) of this section:

(a) on any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under § 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1276(a), or study rivers or study river corridors as established in any guidelines pursuant to that Act, and National Recreation Areas designated by Act of Congress;

(b) on any federal lands within the boundaries of any national forest unless the United States Secretary of Agriculture or his or her designee finds that there are no significant recreational, timber, economic or other values which may be incompatible with surface coal mining operations or the surface operations and impacts incident to an underground coal mine;

(c) on any lands which will adversely affect any publicly owned park or any place included on the National Register of Historic Places, unless approved jointly by the Permit Board and the federal, state or local agency with jurisdiction over the park or place;

(d) within 100 feet measured horizontally of the outside right-of-way line of any public road, except:

(1) where mine access roads or haulage roads join such right-of-way line;

(2) where the Permit Board and the local governmental entity with authority over the road approves the closure or relocation of the public road; or

(3) the Permit Board expressly approves the area to be affected within 100 feet of such road, after public notice and opportunity for a public hearing in accordance with 1107(d), and after making a written finding that the interests of the affected public and landowners will be protected;

(e) within 300 feet measured horizontally from any occupied dwelling, unless the owner thereof has provided a written waiver consenting to surface coal mining operations closer than 300 feet; or the part of the mining operation which is within 300 feet of the dwelling is a haul road or access road which connects with an existing public road on the side of the public road opposite the dwelling;

(f) within 300 feet measured horizontally of any public building, school, church, community or institutional building or public park;

(g) within 100 feet measured horizontally of a cemetery. Cemeteries may be relocated if authorized by applicable State law or regulations.

(h) The prohibitions and limitations of this section do not apply to surface coal mining operations for which a valid permit, issued pursuant to these regulations, exists when the land comes under the protection of this section, 30 U.S.C. § 1272(e), or 30 CFR § 761.11. This exception applies only to lands within the permit area as it exists when the land comes under the protection of this section, 30 U.S.C. § 1272(e), or 30 CFR § 761.11.

11 Miss. Code. R. § 8-2.2-11-1105