Alaska Administrative Code
Title 11 - Natural Resources
Part 1 - Office of the Commissioner
Chapter 05 - Fees for Department Services
11 AAC 05.140 - Mineral regulatory authorities

Universal Citation: 11 AK Admin Code 11 AAC 05.140

Current through August 30, 2024

(a) Fees established under this section are for authorizations and regulatory services under AS 27 and AS 38 related to coal mining. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) or (d)(2) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,

(1) the department may, in addition to the fee established in (d)(1) of this section,
(A) charge an additional hourly fee under (d)(3) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations and regulatory services under AS 27 and AS 38 related to coal mining are as follows:

(1) for an application, petition for an authorization or service for
(A) notice of intent to explore for coal filing fee, $100;

(B) a coal exploration permit, including minor revisions and amendments, $1,500 for up to 60 hours of staff time;

(C) a coal surface mining permit, $1,500 for up to 60 hours of staff time;

(D) a major revision of coal surface mining permit or incidental boundary revision, $1,500 for up to 60 hours of staff time;

(E) renewal of coal surface mining permit within previously approved boundaries, $1,500 for up to 60 hours of staff time;

(F) renewal of coal surface mining permit with additional acreage, $2,000 for up to 80 hours of staff time;

(G) transfer, assignment, or sale of surface coal mining permit, $1,500 for up to 60 hours of staff time;

(H) a geothermal exploration permit, $150 for up to 6 hours of staff time;

(I) a geothermal drilling permit, $300 for up to 12 hours of staff time;

(J) a blaster's certification under 11 AAC 90.775, $150;

(2) for the following surface use authorizations;
(A) a coal exploration permit, $500;

(B) a coal surface mining permit, $500;

(C) a geothermal exploration permit, $500;

(D) a geothermal drilling permit, $500;

(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

AS 27.21.030

AS 27.21.940

AS 37.10.050

AS 37.10.058

AS 38.04.900

AS 38.05.020

AS 38.05.035

AS 38.05.181

AS 38.05.255

AS 44.37.020

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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