Section 880-X-8K-.12 - Permit Issuance And Right Of Renewal (Alabama Administrative Code)

§ 880-X-8K-.12. Permit Issuance And Right Of Renewal

(1) Decision. If the application is approved, the permit shall be issued upon submittal of a performance bond in accordance with Chapter 880-X-9. If the application is disapproved, specific reasons therefore shall be set forth in the notification required by paragraph (2) of this section.

(2) Notification. The Regulatory Authority shall issue written notification of the decision to the following persons and entities:

(a) The applicant, each person who files comments or objections to the permit application, and each party to an informal conference.

(b) The local governmental officials in the local political subdivision in which the land to be affected is located within 10 days after the issuance of a permit, including a description of the location of the land.

(c) The local OSM office.

(3) Permit term. Each permit shall be issued for a fixed term of five (5) years or less. A longer fixed permit term may be granted if --

(a) The application is full and complete for the specified longer term; and

(b) The applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing.

(4) Right of renewal. Permit application approval shall apply to those lands that are specifically designated as the permit area on the maps submitted with the application and for which the application is complete and accurate. Any valid permit issued in accordance with paragraph (1) of this section shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit, in accordance with Section 880-X-8M-.07.

(5) Initiation of operations.

(a) A permit shall terminate if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within three (3) years of the issuance of the permit.

(b) The Regulatory Authority may grant a reasonable extension of time for commencement of these operations upon receipt of a written statement showing that such an extension of time is necessary, if --

(i) Litigation precludes the commencement or threatens substantial economic loss to the permittee; or

(ii) There are conditions beyond the control and without fault or negligence of the permittee.

(c) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.

(d) Extensions of time granted by the Regulatory Authority under this paragraph shall be specifically set forth in the permit, and notice of the extension shall be made public by the Regulatory Authority.

Author: Randall C. Johnson

(Original Filed November 14, 1989; effective March 7, 1991.)

Statutory Authority: Code of Ala. 1975, §§ 9-1-71, et seq.

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