Section 880-X-7B-.09 - Procedures For Relocating Or Closing A Public Road Or Waiving The Prohibition On Surface Coal Mining Operations Within The Buffer Zone Of A Public Road (Alabama Administrative Code)

§ 880-X-7B-.09. Procedures For Relocating Or Closing A Public Road Or Waiving The Prohibition On Surface Coal Mining Operations Within The Buffer Zone Of A Public Road

(1) This section does not apply to:

(a) Lands for which a person has valid existing rights, as determined under Rule 880-X-7B-.11;

(b) Lands within the scope of the exception for existing operations in Rule 880-X-7B-.07;

(c) Access or haul roads that join a public road, as described in Rule 880-X-7B-.06(d)(1).

(2) You must obtain any necessary approvals from the authority with jurisdiction over the road if you propose to:

(a) Relocate a public road;

(b) Close a public road; or

(c) Conduct surface coal mining operations within 100 feet, measured horizontally, of the outside right-of-way line of a public road.

(3) Before approving an action proposed under paragraph (b) of this section, either the regulatory authority, or the public road authority designated by the regulatory authority, must determine that the interests of the public and affected landowners will be protected. Before making this determination, the authority must:

(a) Provide a public comment period and opportunity to request a public hearing in the locality of the proposed operation;

(b) If a public hearing is requested, publish appropriate advance notice at least two weeks before the hearing in a newspaper of general circulation in the affected locality; and

(c) Based upon information received from the public, make a written finding as to whether the interests of the public and affected landowners will be protected. If a hearing was held, the authority must make this finding within 30 days after the hearing. If no hearing was held, the authority must make this finding within 30 days after the end of the public comment period.

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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