1. (1) The State Regulatory Authority shall --

   1. (a) Determine

      1. 1. Whether an application for a permit must be denied because surface coal mining operations on those lands are prohibited or limited by Section 28(e) of the Act and this Rule; and
      2. 2. Whether an applicant for a permit covering such lands either had any valid existing rights on August 3, 1977, or was conducting a surface coal mining operation on those lands on August 3, 1977.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 92, 96.