Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 27. Mining
- Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act
- Section 180. Application Approval or Denial.
previous: Section 170
. Request and Release of Performance Bonds or Deposits.
next: Section 190
. Revision and Transfer of Permit.
AS 27.21.180. Application Approval or Denial.
- (a) Within 120 days after receipt of a complete application for a permit or for revision or renewal of a permit, the
commissioner shall grant, condition, modify, or deny the application and notify the applicant in writing of the
commissioner's action. The applicant has the burden of establishing that the application complies with the
requirements of this chapter and the regulations adopted under it. Within 10 days after approving an application, the
commissioner shall record in the recording district in which the permit area is located notice that a permit has been
issued. The notice must describe the location of the permit area and the state where a copy of the permit may be
- (b) If the commissioner requests modification of an application, the commissioner shall state in writing which parts need
modification and in what manner, and which parts of the application meet approval. The applicant will then need only
to correct the deficient portion and resubmit the application. However, the commissioner may at any time require
additional information from the applicant if the requirement is based on good cause and on a written finding that the
additional information is necessary for the commissioner to determine whether the proposed operation will meet the
requirements of this chapter and the regulations adopted under it. After receipt of the information requested, the
commissioner has 60 days to approve, condition, or deny the permit as described in (a) of this section.
- (c) The commissioner may not approve an application for a permit or for revision of a permit unless the application
demonstrates and the commissioner finds, in writing and on the basis of information included in the application or
information that is otherwise available to the commissioner and that the commissioner documents in the approval and
makes available to the applicant, that
- (1) the application is accurate and complete and that it complies with the requirements of this chapter and regulations
adopted under this chapter;
- (2) the applicant has demonstrated that reclamation as required by this chapter and regulations adopted under it can be
accomplished under the reclamation plan contained in the application;
- (3) an assessment of the probable cumulative impact of all anticipated surface coal mining in the area on the hydrologic
balance has been made by the commissioner, and that the proposed operation has been designed to prevent material damage
to the hydrologic balance outside the permit area;
- (4) the area proposed to be mined is not included within an area that
- (A) is designated as unsuitable for surface coal mining under AS 27.21.260; or
- (B) is being considered by the commissioner for designation in an administrative proceeding commenced under AS 27.21.260
, unless the applicant demonstrates that before January 1, 1977, the applicant made substantial legal and financial
commitments in relation to the proposed operation for which the applicant is applying for a permit;
- (5) the proposed surface coal mining operation will not
- (A) interrupt, discontinue, or preclude farming on an alluvial valley that is irrigated or naturally subirrigated,
excluding undeveloped range land that is not significant to farming on the alluvial valley floor and land on which the
farming that will be interrupted, discontinued, or precluded is so small as to have negligible impact on the farm's
total agricultural production; or
- (B) materially damage the quantity or quality of water in surface or underground water systems that supply an alluvial
valley floor; and
- (6) if the ownership of the coal in the permit area has been severed from the private surface estate, the applicant has
submitted to the commissioner
- (A) the written consent of the surface owner to the extraction of the coal by surface mining methods;
- (B) a conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or
- (C) a determination of a court that the applicant is authorized to extract coal by surface mining methods in the permit
area; however, nothing in this chapter may be construed to authorize the commissioner to adjudicate property rights
- (d) The provisions of (c)(5) of this section do not apply to a surface coal mining operation that, in the 12-month period
preceding August 3, 1977, produced coal in commercial quantities and was located within or adjacent to an alluvial
- (e) An applicant shall file with an application a list of all cited violations of this chapter and all cited violations of
a law, rule, or regulation of the United States, the state, or a department or agency of the United States pertaining
to air or water environmental protection received by the applicant in connection with a surface coal mining operation
within the United States during the three-year period before the date of filing the application. The list must
indicate the final resolution, if any, of the violations. If the list or other information available to the
commissioner indicates that a surface coal mining operation owned or controlled by the applicant is currently in
violation of this chapter or of a law, rule, or regulation described in this subsection, the commissioner may not
approve the application until the applicant submits proof that
- (1) the violation has been corrected or is being corrected to the satisfaction of the commissioner or to the satisfaction
of the agency responsible for the enforcement of the law, rule, or regulation if the violation is not of this chapter;
- (2) the applicant is involved in an administrative or judicial proceeding to determine whether the applicant has committed
- (f) The commissioner may not approve an application under this section if the commissioner finds, after providing the
applicant with an opportunity for a hearing in accordance with the procedures established in AS 27.21.150
, that the applicant, or the operator specified in the application, controls or has controlled mining operations with a
demonstrated pattern of wilful violations of this chapter of such nature and duration and with such resulting
irreparable damage to the environment as to indicate an intent not to comply with this chapter.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.