Section 11-8-2.2-11-1107 - Procedures(a) Upon receipt of a complete application for a surface coal mining and reclamation operation permit, or earlier, if properly requested under § 1106, the Permit Board shall review the application to determine whether surface coal mining operations are limited or prohibited under § 1105 on the lands which would be disturbed by the proposed operation.(b) Where the proposed operation would be located on any lands listed in § 1105, the Permit Board shall deny the permit if the applicant has no valid existing rights for the area. If the Department is unable to determine whether the proposed operation is located within the boundaries of any of the lands in § 1105(a) or closer than the limits provided in § 1105(f) or (g), the Department shall transmit a copy of the relevant portions of the permit application to the appropriate federal, state or local government agency for a determination or clarification of the relevant boundaries or distances, with a notice to the appropriate agency that it must respond within 30 days of receipt of the request. The National Park Service or the U.S. Fish and Wildlife Service shall be notified of any request for a determination of valid existing rights pertaining to areas within the boundaries of areas under their jurisdiction and shall have 30 days from receipt of the notification in which to respond. The Department, upon request by the appropriate agency, shall grant an extension to the 30-day period of an additional 30 days. If no response is received within the 30-day period or within the extended period granted, the Permit Board may make the necessary determination based on the information it has available.(c) Where the proposed operation would include Federal lands within the boundaries of any national forest, and the applicant seeks a determination that mining is permissible under § 1105(b), the applicant shall submit a permit application to the Permit Board and the Director for processing pursuant to 30 CFR pt. 740. Before acting on the permit application, the Permit Board shall ensure that the Secretary of the Interior's determination has been received and that all findings required by the Act and SMCRA have been made.(d) Where the mining operation is proposed to be conducted within 100 feet, measured horizontally, of the outside right-of-way line of any public road (except as provided in § 1105(d)(1) or (2) or where the applicant proposes to relocate or close any public road, the Permit Board or local governmental entity with authority over the public road designated by the Permit Board shall:(1) require the applicant to obtain necessary approvals of the authority with jurisdiction over the public road;(2) provide an opportunity for a public hearing in the locality of the proposed mining operation for the purpose of determining whether the interests of the public and affected landowners will be protected;(3) if a public hearing is requested, provide appropriate advance notice of the public hearing, to be published in a newspaper of general circulation in the affected locale at least 2 weeks prior to the hearing; and(4) make a written finding based upon information received at the public hearing within 30 days after completion of the hearing, or after any public comment period ends if no hearing is held, as to whether the interests of the public and affected landowners will be protected from the proposed mining operation. No mining shall be allowed within 100 feet of the outside right-of-way line of a road, nor may a road be relocated or closed, unless the Permit Board or public road authority determines that the interests of the public and affected landowners will be protected.(e)(1) Where the proposed surface coal mining operations would be conducted within 300 feet, measured horizontally, of any occupied dwelling, the applicant shall submit with the application a written waiver by lease, deed or other conveyance from the owner of the dwelling clarifying that the owner and signatory had the legal right to deny mining and knowingly waived that right. The waiver shall act as consent to such operations within a closer distance of the dwelling as specified.(2) Where the applicant for a permit after August 3, 1977, had obtained a valid waiver prior to August 3, 1977, from the owner of an occupied dwelling to mine within 300 feet of such dwelling, a new waiver shall not be required.(3)(A) Where the applicant for a permit after August 3, 1977, had obtained a valid waiver from the owner of an occupied dwelling, that waiver shall remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase.(B) A subsequent purchaser shall be deemed to have constructive knowledge if the waiver has been properly filed in public-property records pursuant to state laws or if the mining has proceeded to within the 300-foot limit prior to the date of purchase.(f) Where the Permit Board determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the National Register of Historic Places, the Permit Board shall follow the procedure required by § 3114(d).(g) If the proposed surface coal mining operation is not prohibited under § 53-9-71(4) and this Rule, the Commission may, nevertheless, pursuant to appropriate petitions, designate such lands as unsuitable for all or certain types of surface coal mining operations pursuant to § 53-9-71, and Rules 13 or 15 of these regulations.11 Miss. Code. R. § 8-2.2-11-1107