§ 880-X-7B-.08. Procedures For Compatibility Findings For Surface Coal Mining Operations On Federal Lands In National Forests
(1) If you intend to rely upon the exception provided in Rule 880-X-7B-.06(b) to conduct surface coal mining operations on Federal lands within a national forest, you must request that we obtain the Secretarial findings required therein.
(1) You may submit a request to us before preparing and submitting an application for a permit or permit revision. If you do, you must explain how the proposed operation would not damage the values listed in the definition of "significant recreational, timber, economic, or other values incompatible with surface coal mining operations" in Rule 880-X-2A-.06. You must include a map and sufficient information about the nature of the proposed operation for the Secretary of the Interior to make adequately documented findings. You may be required to provide any additional information that may be determined necessary to make the required findings.
(3) When a proposed surface coal mining operation or proposed permit revision for an existing surface coal mining operation includes Federal lands within a national forest, the regulatory authority may not issue the permit or approve the permit revision before the Secretary of the Interior makes the findings referenced in Rule 880-X-7B-.06(b).
Author: Randall C. Johnson(New Rule: Filed August 23, 2001; effective September 27, 2001.)
On February 5, 2002, the Office of Surface Mining approved this rulemaking adopted by the commission on August 16, 2001. The effective date of this rule will be March 7, 2002.
Statutory Authority: Code of Ala. 1975, § 9-16-71 et. seq., as amended.
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