Lands Designated as Unsuitable for Surface Mining

Lands Designated as Unsuitable for Surface Mining A. To the extent that the Commission, the Permit Board and the Department may exercise jurisdiction over the areas specified in this rule, no surface mining operation shall be conducted on lands which are part of a national park, national monument, national historic landmark, any property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river, state scenic stream, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark or city or county park, forest or historical area. For good cause shown and after any public hearing the Commission may elect to hold, the Commission may make an exception to this rule. B. With the assistance of the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources, the Commission shall identify and designate as unsuitable certain lands for all or certain types of surface mining. Prior to an action by the Commission to designate an area as unsuitable for surface mining, or prior to an action by the Commission to remove an area from the list of lands designated as unsuitable for surface mining, notice shall be given to prospective operators and other interested parties as required by Miss. Code Ann. § 25-43-7(1). The Commission may designate areas as unsuitable for surface mining lands if the Commission determines: (1) The operations will result in significant damage to important areas of historic, cultural or archaeological value or to important natural systems; (2) The operations will affect renewable resource lands resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, including aquifers and aquifer recharge areas; (3) The operations are located in areas of unstable geological formations and may reasonably be expected to endanger life and property; (4) The operations will damage ecologically sensitive areas; (5) The operations will significantly and adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river area, state scenic stream, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park; (6) The operations will endanger any public road, public building, cemetery, school, church or similar structure or existing dwelling outside the permit area; or (7) The operations and the affected area cannot be feasibly reclaimed under the requirements of this chapter. C. Unless an operation is exempted under Miss. Code Ann. §§ 53-7-7(2)(a) or 53-7-7(2)(b) and