§ 880-X-2D-.06. Additional Requirements For Coal Removal Incidental To Abandoned Mine Land Projects
For coal removal incidental to government financed construction where funding for the project is less than 50% and the construction is undertaken as an approved reclamation project under Title IV (The Abandoned Mine Land Program, AML) of the Federal Surface Mining Control and Reclamation Act 30 U.S.C. 1201 et seq., as amended; the following shall apply:
(1) The AML contractor and any subcontractor involved in the removal of coal from, or processing of coal on, the project site shall obtain or possess a valid license under Chapter 880-X-6 of the regulations;
(2) The AML contractor shall identify the prospective purchasers or end users of all coal to be extracted under the project prior to concurrence being granted by the Alabama Surface Mining Commission under Code of Federal Regulations, 30 CFR 874.17;
(3) The AML contractor shall maintain records of the exact tonnage of coal removed and the names and addresses of all purchasers or end users of that coal at the project site and make them available to the Alabama Surface Mining Commission upon request;
(4) No coal shall be removed under this exemption unless it is located within the boundaries of the approved construction project and its removal is necessary for achieving the objectives of the Abandoned Mine Land project;
(5) No coal shall be extracted under this Subchapter unless the project has been approved by both the Alabama Department of Industrial Relations and the Alabama Surface Mining Commission in accordance with the provisions of Code of Federal Regulations, 30 CFR 874.17, and;
(6) All coal removal under this exemption shall be under the direct supervision of the AML contractor who shall be liable for any violations of these regulations.
Author: Randall C. Johnson(New Rule: Filed April 25, 2000; effective May 30, 2000; operative July 22, 2000.)
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 74, 75, 80, 99.
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