Alabama Administrative Code Chapter 480-3-6 — Surface Mine Reclamation

480 Alabama Department of Workforce (formerly Alabama Department of Labor)

Ala. Admin. Code r. 480-3-6-.01 Definitions

(1) Operator. A landowner who has not leased his land, who sells excavated material by the load, or loads, to contractors or other individuals will be deemed as "controlling" an operation, and considered an operator within the meaning of the Surface Mining Act.

(2) Contiguous. A surface mining operation shall be contiguous where a single pit or operation is separated by a stream, road, man-made or natural object so long as the seam which is traversed by any of the foregoing man-made or natural objects is uninterrupted or unbroken.

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88, Effective February 17, 1988.

Ala. Admin. Code r. 480-3-6-.02 Necessity Of A Permit

A permit shall be required for each mining operation that is not contiguous as defined in Rule 480-3-6-.01(2); and the fact that a central office tipple or washer services more than one non-contiguous pit does not constitute one operation. A permit shall be required for each operation that is not contiguous as defined in the Surface Mining Act and Rule 480-3-6-.01(2).

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88, Effective February 17, 1988.

Ala. Admin. Code r. 480-3-6-.03 Property Description

A property description within the meaning of the Surface Mining Act and this section shall be acceptable only if the land is described to 1/16th of a section, or 40 acres, and includes a description of access to the area from the nearest public highway.

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88.

Ala. Admin. Code r. 480-3-6-.04 Amendment Of Permit

Any additional land granted under a permit amendment must be contiguous as defined by Rule 480-3-6-.01(2).

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88.

Ala. Admin. Code r. 480-3-6-.05 Reclamation Of Affected Land By Revegetation

Pasture grasses used for reclamation purposes must be of a local, permanent-type grass; and grass coverage must be effectuated to not less than 75% of affected land.

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88.

Ala. Admin. Code r. 480-3-6-.06 Application For The Reclamation Of Substitute

Land. All requests for the reclamation of substitute land must be made on Application Forms DIR-ASM-9 and 10 and submitted to the Director for final approval.

(a) Only the Director may approve the reclamation of substitute land in lieu of affected land.

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88.

Ala. Admin. Code r. 480-3-6-.07 Bonds And Filing Fees

(1) All payments for filing fees must be made by cash, cashier's checks, certified checks or money orders.

(2) Bonds may be surety, negotiable or cash. Cash bonds must be cash money, certified check, cashier's check or money order.

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88.

Ala. Admin. Code r. 480-3-6-.08 Inspector’s Approval And Recommendation

All approval forms, bond releases and other papers submitted by the mining and reclamation inspector must be personally endorsed by the inspector so submitting and approved by the mining division director.

History

• Author: Tom J. Ventress; Dustin W. Morin
• Authority: Code of Ala. 1975, §§25-2-8, 9-16-13.
• New Rule Filed 1/14/88. Amended: Published December 30, 2021; effective February 13, 2022.

Ala. Admin. Code r. 480-3-6-.09 Permit Marker - Point Of Beginning

For purposes of ascertaining affected acreage within a permit period, a permit marker or sign shall be placed so as to mark the beginning point of the area under permit and shall remain so marked until the bond is released. Such marker shall consist of a sign measuring at least 6" x 18" with the company name and permit number painted thereon, and shall be affixed to an iron post or pipe located so as to be plainly visible at the access point of the area under permit. Also, a separate 6" x 18" marker must be placed to designate the point of beginning for each permit renewal.

History

• Author: Tom J. Ventress
• Authority: Code of Ala. 1975, §§25-2-2(5), 25-2-8.
• New Rule Filed 1/14/88.