1. (1) The prohibitions and limitations of Rule 880-X-7B-.06 do not apply to:

   1. (a) Surface coal mining operations for which a valid permit, issued under Chapter 880-X-8 of these regulations exists when the land comes under the protection of Rule 880-X-7B-.06. This exception applies only to lands within the permit area as it exists when the land comes under the protection of Rule 880-X-7B-.06.
   2. (b) With respect to operations subject to Chapter 880-X-3 of these regulations, lands upon which validly authorized surface coal mining operations exist when the land comes under the protection of Rule 880-X-7B-.06 or Code of Ala. 1975, §9-16-96(e).

Author: Randall C. Johnson

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

Editor’s Note: On February 5, 2002, the Office of Surface Mining approved this rulemaking adopted by the commission on August 16, 2001. The effective date of this rule will be March 7, 2002.

History: May 20, 1982. Amended: November 14, 1989; effective March 7, 1991. Amended: Filed March 25, 1997; effective April 29, 1997. Repealed and New Rule: Filed August 23, 2001; effective September 27, 2001.