Section 880-X-8D-.05 - Identification Of Interests (Alabama Administrative Code)

§ 880-X-8D-.05. Identification Of Interests

(1) Each application shall contain the names and addresses of --

(a) The permit applicant, including his or her telephone number;

(b) Every current legal or equitable owner(s) of record (as found in standard search of chain of title) of the property to be mined;

(c) The holders of record of any leasehold interest in the property to be mined;

(d) Any purchaser of record under a real estate contract of the property to be mined;

(e) The operator, if the operator is a person different from the applicant, including his or her telephone number; and

(f) The resident agent of the applicant who will accept service of process, including his or her telephone number.

(2) Each application shall contain any information which has changed from that submitted in the license application or its most recent update.

(3) The application shall contain the name, addresses, telephone number, social security number, and employer identification number of persons who will pay the abandoned mine land reclamation fees except that submission of social security numbers is voluntary.

(4) Each application shall contain the names and addresses of the owners of record of all surface and subsurface (coal) areas contiguous to any part of the proposed permit area.

(5) The Mine Safety and Health Administration (MSHA) numbers for all mine-associated structures that require MSHA approval.

(6) A statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application. If requested by the applicant, any information required by this paragraph which is not on public file pursuant to State law shall be held in confidence by the Alabama Surface Mining Commission, as provided under Rule 880-X-8K-.05(4)(c)2.

(7) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under 880-X-6A-.06 and paragraphs (1)(a), (1)(e), (1)(f), (2) and (3) of this section.

(8) Each application shall identify the county(s) and any municipalities and their police jurisdictions from which coal will be mined or servered.

(9) The applicant shall submit the information required by this section in a format prescribed by the Alabama Surface Mining Commission and where applicable the U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement.

Author: Randall C. Johnson

(May 20, 1982. Amended: September 12, 1991; effective June 10, 1992. Amended: Filed September 21, 1993; effective November 20, 1993.)

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.

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